21 July 2010 | Steven Mills
The Bribery Act will:
Introduce a corporate offence of failure to prevent bribery by persons working on behalf of a business. A business can avoid conviction if it can show that it has adequate procedures...
Tags on this discussion: bribery Bribery and Corruption
21 July 2010 | Karen Jacobs
Consumer Affairs Minister, Edward Davey has announced a review of consumer credit and personal insolvency. The review will cover:
How consumers enter into credit commitments, including the way in...
Tags on this discussion: banking banks consumer credit act consumer protection credit Insolvency lenders loan
20 July 2010 | Kerry Talbot
In a recent case in which I was involved, the proposed representative had acted as advocate on behalf of the claimants on a number of previous applications both in a prior set of proceedings in connection...
Tags on this discussion: banking banks civil procedure McKenzie friend rights of audience
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”...
1 July 2010 | Steven Mills
Although the trustees, in this case, did not assert any general principle that a trustees’ lien for their own expenses should prevail over the bank’s registered rights as mortgagee, they asserted...
Tags on this discussion: charge debenture priority receivers security trustees
22 June 2010 | Steven Mills
The OFT has imposed requirements on a national retail finance company and issued a warning to the credit industry that taking court action against consumers outside their home jurisdiction is unacceptable.
An...
Tags on this discussion: banking banks consumer Debt management
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...
7 June 2010 | Christina Fitzgerald
On 25 March 2010, the Third Parties (Rights Against Insurers) Act 2010 (“the Act”) received royal assent and became law in England and Wales.
The purpose of the Act was to introduce reforms to...
Tags on this discussion: Insolvency Insurance Insurers Third Parties
1 June 2010 | Steven Mills
This is a case reminiscent of the “interest-rate swaps” litigation in which the House of Lords eventually held that English local authorities did not have the power to conclude such transactions. ...
Tags on this discussion: banking banks contract contract law restitution
19 May 2010 | Karen Jacobs
The Court of Appeal held that on the facts of this case it was always contemplated that the guarantors would obtain legal advice before they signed the guarantee. This would be a pointless provision...
Tags on this discussion: banking banks Court of Appeal guarantee
