A question of loss
One of the questions that the courts have been vexed with is how much loss a claimant is entitled to recover in relation to a breach of trust claim against its solicitors. In this case, solicitors acting...
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Financial institutions
The Team
Latest news and views about Financial institutions
RSSPurchase and leaseback schemes – are they binding on a lender?
This appeal concerned nine test cases involving purchase and leaseback schemes whereby owners of properties (“the Vendors”) had sold their homes to purchasers (“the Purchasers”), who had promised...
The perils of Part 36
This is yet a further case on Part 36 and the perils of not complying strictly with its provisions. On 6 April 2007, Part 36 was completely rewritten. In this case when the claimant put forward their...
Default Notices
This is a Court of Appeal judgment involving a debt of £5,000 owed by Mr Brandon in respect of his credit card with Amex.
On 19 June 2007, Amex issued a Default Notice asserting a breach of the agreement...
Resolving costs payable in respect of a mortgage
Where a bank takes steps to enforce a mortgage against the borrower, a bank is usually entitled to recover all of its costs including solicitor’s costs from the borrower on a full indemnity basis. ...
Can a lender petition for bankruptcy based on a guarantee?
Last December, I reviewed the case of McGuinness v Norwich and Peterborough Building Society [2010] EWHC 2989, which considered whether a guarantee liability is a liability for a liquidated sum within...
Consumer law enforcement focus by Public Accounts Select Committee
The Public Accounts Select Committee (PASC) has published a report on the enforcement of consumer law in the UK which records the losses suffered by consumers and lists recommendations for improvements....
OFT publishes revised Debt Collection Guidance
Last month, following a consultation between 10 March and 2 June 2011, the Office of Fair Trading (OFT) published a revised version of its Debt Collection Guidance. It was last revised in December 2006.
The...
Unfair relationships – Payment Protection Insurance
This Court of Appeal decision focused on the narrow issue of the size of the commission, relating to the cost of payment protection insurance (“PPI”), which the borrowers alleged gave rise to an unfair...
Charging orders and competing creditors
This case considered whether to decline to make an interim charging order final if the effect would be to give one creditor priority in enforcing its judgment against other defendants.
Unusually there...
