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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

Law Soc must face its responsibilities

I must declare an immediate interest. I am one of the patrons of the African Caribbean & Asian Lawyers Association and have been ever since its foundation. Recently I had the opportunity of opening its annual conference. It was a most successful conference and one I enjoyed attending. It was overshadowed, however, by the fact […]

Protecting the good name of lawyers

Image, the perennial problem for the legal profession, is particularly pertinent to personal injury lawyers, if the US experience is anything to go by. There, the excesses of lawyers, from ambulance chasing to touting for business at the scene of accidents, have managed to give the legal profession a rather sullied reputation. The consequent loss […]

Colin Passmore on legislation affecting directors' duty of care

The Australian courts continue to take the lead in updating the nature of the duty of care which directors owe to their companies. Last year, the New South Wales Court of Appeal in Daniels v AWA (1995) displaced early English law formulations of the scope of directors’ duties. These required directors to exercise a level […]

Contempt of court. When the court draws the line

CONTEMPT of court: the very phrase has a medieval ring to it, evoking chains and dungeons – and the dungeon in its modern form is just what was ordered by Judge Pearson when Sarah Holt and her friend and co-witness Sophie Bird refused to give evidence at Chelmsford Crown Court. The young women had probably […]

Pensions watchdog Opra shows teeth with its appointment of lawyer and senior policeman

The embryonic post-Maxwell pensions watchdog is showing it intends to have teeth, with appointments thus far including a City lawyer and a policeman. The appointments to Opra (Occupational Pensions Regulatory Authority) were welcomed by pensions partner at Lovell White Durrant, Harriet Dawes, deputy chair of the current Occupational Pensions Board which Opra will replace. Richards […]

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