This week’s top 15 legal briefings – 9th February 2014

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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

Germany’s Heuking sees turnover break through €100m for first time

German firm Heuking Kühn Lüer Wojtek has reported a 9.3 per cent rise in turnover for the 2013 year, with revenues hitting €107.6m (£89m) – up from €98.4m in 2012. The results mark continued growth for the independent firm, which also reported turnover rises in 2012 (13 February 2013), 2011 (21 February 2012) and 2010 […]

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Ince & Co launches redundancy consultation with 10 fee-earners

Ince & Co has launched a redundancy consultation with 10 shipping and finance fee-earners and six secretarial staff. The process is expected to last no more than three weeks, with the business support staff being offered voluntary redundancy. The consultation with fee-earners is expected to be quicker because there is no voluntary aspect to it. […]

Private equity update: restrictive covenants and penalty clauses

Buyers of businesses are often anxious about what the sellers will do after completion of a deal. Where proprietors have already built up a successful business (particularly one based largely on personal contacts) and sold it, it is clearly possible that they may want to repeat the success. This would mean competition for the original […]

Breach of contract — when not paying the price is a penalty

The courts are frequently asked to determine whether a clause providing for payment of a fixed sum on breach of contract is a penalty (and unenforceable under English law, even if the parties are of equal bargaining power) or a genuine pre-estimate of loss (liquidated damages), in which case the clause will be enforceable. Forfeiture clauses […]

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