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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 […]

Recommended

In brief: Law Soc to stamp out “ambulance chasing'

At its meeting last Thursday, the Law Society Council approved proposals to tighten up solicitors’ referral rules in a bid to stamp out “ambulance chasing”. Officials have been told to consult on new draft rules once they have been reworked to make them clearer.

Best of the silks…

For many landlord and tenant solicitors, particularly in the larger firms, counsel are only required when time restraints prevent members of the firm’s own in-house team running the show in court. Leaders are brought in for that “extra bit of brain power” and expertise, and on questions of construction when it is not clear which […]

Does anyone care who runs the Law Society?

With apathy once again winning the elections, Shaun Pye wonders whether this is the start of yet another year of talk and no action Congratulations. By reading even this far you have identified yourself as one of a select, and dwindling, band of lawyers who give a jot about who runs the Law Society. For […]

Law Society announces Mickey Mouse conference plan

You read it first in Tulkinghorn. Last October, The Lawyer’s diary suggested the Law Society spice up the dull Solicitors’ Annual Conference by holding it in EuroDisney. And now the society has decided the 1999 conference will indeed be hosted by Mickey, Goofy and pals in Paris. The society is desperate to attract younger solicitors […]

New Bar for the new millennium

The Bar will deal with the Government’s proposals with confidence and its fundamental role in the legal system will continue. Dan Brennan QC says the Bar is determined to prove it can pick up the reform gauntlet thrown down by the government. Dan Brennan QC is vice-chairman of the Bar Council. The Government is set […]

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