25 May 2011 | Clare Stothard
This case raised an interesting point, of potentially wide application, relevant to all FSA injunctions and of potential relevance to many injunctions sought by other regulators or public enforcement authorities. ...
Tags on this discussion: CPR Freezing orders FSA Third Parties
25 May 2011 | Clare Stothard
The guarantor, Mr Binney, claimed that although he had signed a written guarantee in favour of National Westminster Bank plc (“the Bank”), it was subject to an oral agreement that the guarantee limited...
Tags on this discussion: bank banking banks contract estoppel guarantee oral agreement representation warranty
3 March 2011 | Clare Stothard
This case dealt with very familiar arguments which a wife may raise when a bank seeks to enforce a guarantee and legal charge against her.
In September 2001, Mrs Chandra gave a guarantee in favour...
Tags on this discussion: banking banks charge guarantee misrepresentation mortgages retail banking undue influence
20 October 2010 | Clare Stothard
This was a claim by a guarantor against a firm of solicitors. The solicitors had provided a certificate to the bank confirming that they had advised the claimant, Mr O’Sullivan, in relation to his...
Tags on this discussion: banking banks duty of care fraudulent misrepresentation Guarantees guarantor independent legal advice negligence reliance solicitors
7 September 2010 | Clare Stothard
The Independent Commission on Banking has now launched a website http://bankingcommission.independent.gov.uk/bankingcommission/
The Independent Commission on Banking will consider the structure of...
Tags on this discussion: banking banks competition law consumer protection retail
8 July 2010 | Clare Stothard
The Supreme Court has given judgment in favour of Southern Pacific Personal Loans Limited (“SPPL”).
The appeal raised the question of what is the meaning of “credit”, the “amount of credit”...
22 June 2010 | Clare Stothard
When can you claim knowing receipt? When is it possible to pierce the corporate veil and how do you establish a claim for dishonestly assisting in a breach of trust? This case considered all these...
2 June 2010 | Clare Stothard
A judgment creditor may enforce its judgment by seizing and selling at auction a debtor's goods. In the High Court, a judgment creditor applies to an enforcement officer (formerly called a sheriff)...
Tags on this discussion: banking enforcement enforcement officer judgment
17 May 2010 | Clare Stothard
During the first quarter of 2010, 18,504 possession proceedings were issued, which was 24% lower than the first quarter of 2009.
14,373 mortgage possession claims led to orders being made, which was...
Tags on this discussion: banking banks Mortgage repossession mortgages
29 April 2010 | Clare Stothard
The case concerned whether a person was “in actual occupation” of registered land pursuant to the Land Registration Act 2002 and so had an overriding interest which would defeat a lender’s claim...
Tags on this discussion: banking banks
