Defending the indefensible

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Latest Briefings

Landlord’s threats of legal action amounted to harassment of tenant

The recent Court of Appeal decision in Metropolitan Housing Trust Ltd v Worthington (1) and Parkin (2) alerts landlords to the risk of their dealings with tenants amounting to unlawful harassment.  Housing Management and Litigation experts Karl Anders and Lucie Bryan explain and offer practical advice, which will be of particular interest for social housing providers […]

Cabot SPR appeal: A welcome outcome for unsecured lenders in Scotland

Walker Morris partner Rob Aberdein explains an appeal allowed by the Sheriff Appeal Court which clarifies that the “interventionist and problem-solving approach” required of sheriffs under the new Simple Procedure Rules Simple Procedure Rules (SPR) for low value claims does not extend to undefended claims.  The appeal concerned a number of test cases and will […]

Industry responds to SME access to the FOS

The FCA last week published a suite of responses it has received to a consultation paper (CP18/3) released in January this year setting out the FCA’s proposed changes to the jurisdiction of the Financial Ombudsman Service (FOS) to open the FOS complaints resolution process to small businesses (SMEs). The fourteen responses published come from a […]

Cyber security, separation and self-protection online

Social media has many benefits, enabling us to keep in touch with old and new friends alike, sharing special moments with ‘followers’, organising events or tracking exercise progress. However, there is a dark side to the web.  Every click, post or search adds to your very own digital footprint, this leaves everyone vulnerable to exploitation. […]

Romanian companies will be able to distribute dividends on a quarterly basis

The Romanian Parliament recently approved the Law on the Amendment and Completion of the Accounting Law No. 82/1991, Amendment and Completion of the Companies Law No. 31/1990 and Amendment and Completion of Law No. 1/2005, on the organisation and functioning of cooperative companies. Before entering into force, the law will have to be promulgated by […]

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In brief: LAG wins fee waiver extensions

The Lord Chancellor’s Department is extending waivers on civil court fees to those on benefits other than income support on 1 December, following a campaign by the Legal Action Group.

Auditing the experts

Chris Mallon looks at past insolvency cases and suggests what not to look for when you are hiring an expert witness. Chris Mallon is head of insolvency at Biddle. Since 1981, and particularly during the last 10 years, we have seen the appearance of the expert witness in almost every type of case, not always […]

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Defending the expert witness

The Expert Witness Institute was set up to make sure experts get the recognition they deserve, says Sir Michael Davies. Sir Michael Davies is founding chairman of the Expert Witness Institute. One year ago the Expert Witness Institute (EWI) was set up. It is sometimes asserted that there should be only one body available for […]

Paying the price for a lack of leadership

The Bar’s response to Lord Irvine’s attack on the civil legal aid scheme recommending the closer monitoring of costs in long-running criminal cases and the extension of graduated fees seems a sensible solution. However, observers are entitled to ask why these steps were not taken before now. Neither the Bar nor the Law Society have […]

Accounting for forensics

Drug trafficking, commercial fraud, white-collar crime these are murky areas of the law in which forensic accountants increasingly find themselves acting as expert witnesses. With a worldwide drug trade worth more than $500bn a year, the profit generated by criminals from this one activity is greater than the domestic product of many nation states. The […]

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