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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

North west recruitment crisis

ONLY one of the 200 trainee barristers applying to Liverpool-based Exchange Chambers can hope for pupillage there next year. And only one out of 250 applicants for a place at the Manchester office of Davies Arnold Cooper will get the job. The figures make alarming reading for lawyers wishing to work in the north-west. Roger […]

ESSEX

Essex is a small market, which looks north to East Anglia, rather than south to Kent or west to London for work. “I’ve never been sure whether we’re in the South East or East Anglia,” says one local lawyer and many of the firms which are important in the area have practices elsewhere. For example, […]

Costly learning curve

Cleveland County Council is seeking leave to take its judicial review action against the Local Government Commission to the Court of Appeal. By the end of the year many more local authorities in England will have tried to challenge the commission in the courts. Is this merely local authorities fighting for their own survival at […]

Justice calls for insolvency law changes

Justice, the legal campaigning group, has attacked current law for creating a “serious imbalance of power” in the insolvency system by being overwhelmingly prejudicial to small businesses and individuals. The group calls for changes including an insolvency ombudsman, more advice for small debtors, a two-tier bankruptcy system, a national insolvency strategy, a creditors’ charter, and […]

Legal-aid changes problematic

Doing away with the demand-led legal aid system would be riven with practical problems, according to Law Society President Charles Elly in a speech. He warned that the need for legal advice did not fit a predictable pattern, as concern grows that the Lord Chancellor’s imminent green paper on legal aid might seek to cap […]

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