Lord Fraser in talks

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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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Profession scoops birthday honours

A ROLLCALL of lawyers features in this year’s Queen’s Birthday Honours list. They include the long-serving editor of The Law Reports, Carol Ellis QC, who was awarded a CBE after 43 years of law reporting, and the former secretary of the Law Society’s Civil Litigation Committee, Allen Davies, who was awarded an OBE. The solicitor […]

Separate verdicts

One popular misconception of the not proven verdict is that the defendant is slightly guilty which is often a difficult concept for the public to accept and understand . And it is also an unsatisfactory verdict for the accused. The principle the accused is innocent until proven guilty, it is argued in Scotland, does sit […]

Foreign banks sue two City practices

FOUR Canadian banks are suing Clifford Chance for damages for breach of contract, breach of fiduciary duty and negligence. The Canadian Imperial Bank of Commerce, the National Bank of Canada, the Bank of Nova Scotia, and the Royal Bank of Canada have all issued High Court writs through Freshfields against the firm. The claims centre […]

Solicitor advocates

There are now 77 solicitor advocates practising in Scotland. Although those with dual rights of audience in the High Court of Justiciary and the Court of Session, House of Lords and Judicial Committee of the Privy Council number only two, the number of applications for civil rights of audience has now reached 27, compared to […]

Networks join forces to offer conveyancing 'kitemark'

TWO NATIONAL legal networks joined forces last week to launch a new set of “premium level” practice standards for conveyancing firms. The guidelines for bigger and better-organised practices were published jointly by Conquest, the national solicitors’ grouping, and Network 2000, the association of firms which service lenders. The announcement comes as the Law Society finds […]

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