Litigation Writs 06/09/94

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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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Capital chambers seek pastures new in America

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Northern Ireland's ploughshare option

“IF terrorism is taken out of the equation, then we must do better,” commented one Northern Irish lawyer of last week’s momentous events. The axiomatic quality of his statement, is tempered by the conditional. False dawns aplenty have broken. But doing better will mean significant changes for the legal community, which has often had its […]

LAB to fight smokers' claims to funds

The Legal Aid Board has applied for leave to appeal a decision which will enable 20 smokers to reapply for funds to act against tobacco manufacturers. The board, which had an earlier application for leave dismissed by the High Court, went to the Court of Appeal last month to overturn a decision made in June. […]

Green light for spoiling tactics?

Roger Pearson reports on a decision that could open the floodgates for election sound-alikes Two High Court judges sitting as an election court refused to outlaw the actions of a retired headmaster who stood in European elections as the Literal Democrat candidate. The unsuccessful Liberal Democrat, Adrian Sanders, who had challenged his opponent’s candidacy, declared: […]

Group advises on laundering training

A training programme from the Joint Money Laundering Steering Group on new government regulations, similar to those used by the financial sector, has been produced for solicitors . It comprises a video explaining how money is laundered, the regulations and impact on solicitors, computer-based training including testing, and a staff guide for reference and reinforcement. […]

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