Divisional Court quashes decision not to prosecute police officer

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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 […]

Government’s new probate fees – just an extra death tax?

By Nicola Preston A Birmingham barrister has raised concerns over the Government’s move to increase probate fees claiming it is an additional ‘death tax’. Under the new rules, estates worth £2m or more will pay £6,000 in probate fees, which is a 3,770 per cent increase on the current £155 fee. This is a reduction on […]

Case: Claimant in clinical negligence claim appeals against summary judgment

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Bellman v Northampton Recruitment Limited – vicarious liability revisited

The Court of Appeal has allowed the Claimant’s appeal in Clive Bellman (A Protected Party By His Litigation Friend Nick Bellman) v Northampton Recruitment Limited (2018) EWCA Civ 2214, in a decision that involves a redrawing of the limits of vicarious liability for the violent conduct of an employee. The facts of the case are […]

New regulations for HMO landlords for obtaining licences

New government regulations came into force in England on 1 October requiring all new and existing landlords of Houses in Multiple Occupation (“HMO’s”) to obtain licences for their properties. Government estimates suggest that the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 will extend the existing licensing regime to 170,000 additional HMO’s.

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Issues concerning construction and enforceability of settlement agreements

By Craig Orr Zurich Insurance v Hayward has drawn attention to the scope for parties to re-open settlements when new evidence disproving the other side’s case later emerges. Craig Orr QC considers this and other issues concerning the construction and enforceability of settlement agreements, by reference to modern English and Commonwealth authority.

Romanian Competition Council’s conclusions on retail banking sector inquiry

By Iustinian Captariu, Theodora Stoica Following the adoption of EU Directive (EU) 2015/2366 of the European Parliament and Council of 25 November 2015 on payment services in the internal market (“PSD2”), the Romanian Competition Council (the “RCC”) launched in 2016 a comprehensive study of the Romanian retail banking market. PSD2 is expected to fundamentally change the way […]

Canada: Federal government to implement Wells v Canada

By Jaimie Lickers, John J. Wilson Yesterday, representatives of the federal government and the Qalipu Mi’kmaq First Nation of Newfoundland announced that – as a result of the litigation advanced by Gowling WLG – it will reassess approximately 58,000 membership applications for membership denied on the basis of the evidentiary criteria set aside in Wells v. Canada. […]

MPs can depend on government to renegotiate as part of meaningful vote

By Kieran Laird In the political tempest of the last couple of days it would be easy for a report by a Parliamentary committee to slip under the radar unremarked. However, today’s report by the Commons Procedure Committee concerns the very live issue of the form of the motion on which MPs will have their meaningful […]

Can the UK reverse out of Brexit?

By Kieran Laird In a few weeks MPs will be asked to vote to approve the Withdrawal Agreement and political declaration on a future trade deal negotiated by the government. At present, the mood music is that many – both pro- and anti-Brexit – dislike the package. However, whether or not they vote against it will, […]

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BVI litigator Grant Carroll joins Ogier’s Dispute Resolution team

Grant – who specialises in shareholder disputes, contentious insolvency matters and commercial litigation – joins the team led by partner Brian Lacy. He previously worked in the jurisdiction for another offshore law firm, having practised as a commercial barrister in England for six years. Grant is recommended in leading directories for BVI litigation and Chambers […]

Clyde

Clydes recruits new CIO to review tech strategy

Clyde & Co has appointed a new chief information officer to spearhead the firm’s data and IT strategy, after the departure of former lead Chris White. White joined Clydes in June 2013, but turned his 18-month initial contract into a full-time role in December 2015 to adequately implement his plans for the firm. He said: “After […]

Schoenherr advises NOVOMATIC on sale of majority stake in I-NEW Unified Solutions

Schoenherr has advised NOVOMATIC AG (“NOVOMATIC”), one of the world’s largest producers and operators of gaming technologies, on the sale of 76.81 % in I-NEW Unified Mobile Solutions AG (“I-NEW”), a local telecommunications software and hardware firm, to CYAN AG (“CYAN”). In 2013 Schoenherr has advised NOVOMATIC in connection with the acquisition of a majority stake in […]

Walder Wyss advises Flokk AGb on Espisa AG share sale

Flokk AG, formerly known as Stoll Giroflex AG, a portfolio company of the Triton Fund IV, sold all shares in Espisa AG, Koblenz to Aeterna AG. Espisa has been manufacturing sophisticated plastic parts for over 40 years creating large-scale equipment using plastic injection molding. Walder Wyss has advised Flokk AG as legal advisor in this […]

High Court

Raft of litigation heavyweights line up for $2.6bn oligarch case

City litigation heavyweights are preparing for the latest case between Ukrainian lender PrivatBank and its former owners, the Ukrainian oligarchs Gennadiy Bogolyubov and Igor Kolomoisky, which could be worth up to $2.6bn (£2bn). Partners from Hogan Lovells, Skadden Arps Slate Meagher & Flom, Fieldfisher and Pinsent Masons will face off in the High Court as PrivatBank alleges […]

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