The OFT report: the legal

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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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MoFo shuts Buenos Aires and opts for local alliance

San Francisco firm Morrison & Foerster (MoFo) is pulling out of Buenos Aires and setting up an alliance with a local firm instead. The firm, which opened the office at the beginning of 1999 to service clients moving into the region, will send the US lawyers at the office to other international offices. In place […]

Luvvies strike poses problems for film finance lawyers as union flexes muscles

A predicted bonanza for film finance lawyers hangs in the balance as an actors strike in the US threatens to spread to Europe. New guidelines for the potential Screen Actors Guild (SAG) strike pose a serious threat to film finance lawyers, who were expecting to benefit from a temporary shutdown in Hollywood. SAG is ordering […]

Reportage

Sport, and in particular football, is undeniably big business. The rapid growth in satellite and cable television, which has led to unprecedented competition in the battle to secure the rights to sporting events, means there is more at stake than ever. The large revenue shared by Premier League clubs and the prize of qualification for […]

Paper trial

Traditionally, privacy has been protected by using other causes of action such as breach of confidence, copyright, data protection, trespass – even defamation. But now the common law, with a bit of help from the Human Rights Act (HRA), “can recognise privacy itself as a legal principle, drawn from the fundamental value of personal autonomy”. […]

The Law Society response

Consumer choice and providing access to good-quality legal advice is essential, and the Law Society welcomes any moves by the OFT that will help us achieve this while at the same time maintaining consumer protection. The Law Society has for some time been looking at ways to widen the opportunities for solicitors to work in […]

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