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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

Litigation Personal Injury 2/6/98

Watson & anor v West Kent Health Authority – QBD 27 April 1998 Claimant: Daniel Watson, 8 Incident: Medical negligence Injuries: Claimant, who sued through his mother, suffered brain damage after oxygen starvation during birth at Pembury Hospital, Tunbridge Wells in November 1989. He suffers from spastic quadriplegia, can only stand when supported and can […]

Fourth CFA insurance policy unveiled

A NEW after-the-event legal insurance policy for conditional fee arrangements (CFAs) is due to be launched this week by two ex-employees of troubled legal insurer Brian Raincock. Last week The Lawyer revealed that Raincock’s company Litigation Protection had lost its contract with its sole underwriter, Isle of Man Assurance, eight of his legal insurance companies’ […]

Fabian Soc calls for end to OSS

Influential Blairite think tank the Fabian Society will this Wednesday publish a strongly-worded report calling for the end of self-regulation by solicitors and barristers. The report, coming amidst growing moves to scrap the Law Society’s control of complaints handling, is a devastating attack on self regulation by both professions and is sure to increase the […]

Govt must centre on the needy

Law centres must play a central role in government reforms, argues Patrick Lefevre. Patrick Lefevre is a co-ordinator at Brent Community Law Centre in North London. As I listen to lawyers arguing in defence of the current legal aid scheme, I can find almost nothing good to say about the current civil scheme. The reality […]

Too many candidates

On 19 may, The Lawyer highlighted a very real problem for would-be trainees and for those in law firms who recruit them. There are too many candidates for too few places. In a medium-sized Middlesex practice I regularly reject over 400 applications for two places. Firms in our situation have to apply some sort of […]

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