Judgment call: 14 October

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Latest Briefings

Consultation on two new consumer credit policies

By Rob Aberdein Following on from the recent budget, HM Treasury has published a consultation on two new consumer credit policies. The consultation builds upon the Government’s call for evidence which was concluded in January 2018 and on existing successful practice in the Scottish Debt Arrangement Scheme (DAS).  The consultation offers businesses and organisations on both […]

Application of QOCS to defendants counterclaiming in personal injury

By Rebecca Livesey In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders […]

One rating assessment to be applied to neighbouring floors occupied by same business

By Matthew Forrest Businesses operating across different floors of a building, or other separate but neighbouring units, are now more likely to have their premises assessed together for business rates. The Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 came into force on 1 November 2018.  The Act delivers on the […]

Austria adopts new environmental package

By Sandra Kasper, Philipp Strondl  On 25 October 2018 Parliament adopted a new comprehensive environmental package comprising: the Aarhus Participation Act; an amendment to the Environmental Impact Assessment Act; and an amendment to the Federal Environmental Liability Act.

Blog – Childbirth and primary victim claims for mothers

By John de Bono This is the clear takeaway from Whipple J’s powerfully reasoned judgment in YAH v. Medway Foundation Trust, judgment 5th November 2018. The facts are typical of many cerebral palsy cases. The Claimant’s daughter was born after a negligent delay in intervention in the face of signs of fetal distress. The Claimant […]

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Law Society calls on members to engage with Government over legal aid

The Law Society has defended its position over legal aid cuts as the wrangling over Government reductions to legal aid funding continues. In an open letter sent to solicitors today, chief executive Des Hudson urged criminal lawyers to participate in the joint survey being run by the Law Society and the MoJ, saying the Government […]

Forest fire

Today The Lawyer reveals that two top Chinese firms, Jingtian & Gongcheng and Commerce & Finance, are facing claims by 11 international underwriters worth hundreds of millions of pounds. These are the kind of cases that will put major Chinese firms on the international stage. It will also be one of the rare occasions that […]

Sydney

K&L Gates hires five partners in Australia

K&L Gates has hired five partners across Melbourne, Perth and Sydney from international and Australian rivals. In Perth, the firm has added former Squire Sanders partner Amber Stanton to its energy, infrastructure and resources practice, and employment partner Andrew Kennedy, who was previously the legal services manager of mining company Newmont Australia. In Sydney, employment […]

Obligations of good faith and loyalty of the employee in the light of court decisions

These obligations cover several aspects, from isolated acts that come under the umbrella of general loyalty to acts to be accounted for with regard to non-competition requirements. The employment contract gives rise to mutual obligations to be respected by both parties. The principal obligation of the employee is to execute the tasks for which he […]

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Tidswell beats Geffen to new chairman role at Ashurst

Ashurst partners have elected litigator Ben Tidswell into its newly-formed chairman role, a move that has cost current senior partner, Charlie Geffen, the leadership post he has held since 2008. The litigator, who has sat on the firm’s management board since 2007, secured more partner votes than either the incumbent Geffen, or Sydney-based competition and […]

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