Litigation Recent Decisions 11/10/94

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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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Lawyers dub Bar 'too old fashioned'

In-house lawyers have used the Bar conference platform to issue a stark message to barristers in private practice: “If you want work from us you’ll need to get your act together.” A panel of employed lawyers criticised what it called the Bar’s old-fashioned attitudes and the failure by some to understand the needs of business. […]

Consumers back will writing standards

The Consumer Association (CA) is backing the Law Society’s call for regulation of will writing as the society prepares to launch Make a Will Week. A survey highlights the problems faced by will-writing companies which struggle when legacies are not “run of the mill”. The report emphasises the advantages of using solicitors who are professionally […]

Directories

Anne McGrath says insolvency law reform is still high up on the Government’s agenda. The Queen’s Speech has come and gone with n’er a royal whisper of the proposed reform of insolvency law, which Secretary of State for Trade and Peter Mandleson have been strongly pushing for. But the DTI has confirmed that it is […]

In my experience

“I went to Guildford for my part one and to Lancaster Gate for my part two. I remember that one took place in the middle of articles so it was like going back to being a student. It was a nice escape from the office. The teaching methods were like a crammer and the rooms […]

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