Judiciary strikes back

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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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Brief

LONDON firm David Wineman has issued a writ on behalf of five members of the hit seventies band Showaddywaddy, which continues as a successful touring group. The writ claims the three defendants are passing themselves off as Showaddywaddy. The trio, original band members who split away from the other five between 1984 and 1995, have […]

MOD ban on gays may be resolved in European Court

THE GOVERNMENT’S decision to continue the ban on homosexuality in the armed forces looks set to cause a clash between it and the European Court of Human Rights. The decision by the Ministry of Defence is expected to be announced later this month when the internal review of the policy is made public. The report […]

Flotations

Wallace & Partners acted for Gerrard Vivian Gray, nominated adviser to Jasmin and Telecom Credit Europe, in both companies’ admissions to the Alternative Investment Market.

Law Lords scrutinise libel case

A libel action struck out by the High Court in 1992 for want of prosecution is to come under the scrutiny of the Law Lords. Although the Court of Appeal backed the High Court ruling the Law Lords have given leave for Felix Fareed Ismail Grovit to question whether the case should have been struck […]

Hanson split puts firms in line for slice of the action

GOULDENS and Norton Rose could be in the frame for work on the giant Hanson demerger, even though the company is initially handling its legal work in-house. Hanson’s surprise announcement to break up into four separate companies, thought to be worth £2 billion or more apiece, is likely to involve demerger costs of at least […]

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