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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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Labour targets City law firms in £100,000 fund-raising initiative

THE LABOUR party is targeting City lawyers in an initiative designed to draw on what it views as an as untapped source of funds. The Society of Labour Lawyers, which has been asked by party headquarters to raise at least £100,000, will hold a series of seminars in the New Year attended by front bench […]

Miners dig in for a six-month legal battle

A major test case, which could extend the liability of industry to include work-induced lung diseases, is now in progress before a High Court judge in Wales and is expected to go on well into next year with further sittings in Sheffield and London. The action has been mounted by a group of eight former […]

Experts eye up legal aid reform

Lord Woolf’s proposals to reform court procedures have rightly been identified as of crucial importance to expert witnesses, yet the Government’s initiatives to reform legal aid could be equally significant. The cost of legal aid now stands at around £1.4bn, double what it was five years ago. As an entitlement-based scheme the overall cost of […]

A loss of balance on the bench

The recent release from jail by High Court Family Division President, Sir Stephen Brown, of a father sentenced by magistrates to six weeks for falling behind on maintenance payments has raised serious concerns about the tendency of lay magistrates to take excessive action in family cases. David Burrows, the Bristol-based specialist family law solicitor who […]

Council fails to stop arcade

Derby City Council’s attempt to block a proposed shopping arcade by citing the traditional rights of the council’s market has been thwarted by a High Court decision. In Shops Centre had gone to the High Court in October seeking declaratory relief and arguing that its proposed shopping centre would not constitute a rival and therefore […]

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