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European Parliament and Council agree to changes to (Recast) Late Payments Directive

27 September 2010 | Justine Ash | 2 comments

The European Parliament in Brussels has issued a press release announcing that the Parliament and Council of the European Union have reached an agreement on implementing new changes to the draft (Recast)...

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Does a guarantor remain liable in the event that the obligation of the principal debtor is for some reason unenforceable?

22 September 2010 | Steven Mills Comments Off

A typical standard clause in a guarantee provides that if sums cannot be recovered from the principal debtor for whatever reason, the guarantor still remains liable. In this case, the contract was for...

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CPR amendments – Unauthorised tenants. Part 55 Possession Claims and CCR O.26 Warrants of Execution, Delivery and Possession

8 September 2010 | Jackie Hanlon

Part 55 of the CPR which deals with possession proceedings is being amended from 1 October. The amendments are as follows: Unauthorised tenants living in a mortgaged property are allowed to apply to...

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The Independent Commission on Banking

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...

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Case rules in favour of lender (again)

31 August 2010 | Steven Mills Comments Off

His Honour Judge Waksman has delivered another judgment in favour of lenders.  The claims all related to the interest rates stipulated on a regulated agreement relating to credit cards.  The central...

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BIS publishes quick start guide and guidance on the regulations implementing the Consumer Credit Directive

24 August 2010 | Steven Mills Comments Off

BIS, the Department for Business Innovation & Skills has published a quick start guide and more detailed guidance on the regulations implementing the Consumer Credit Directive. Please see the link...

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The Ministry of Justice announces that the Bribery Act will come into force in April 2011

21 July 2010 | Steven Mills Comments Off

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...

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Review of consumer credit and personal insolvency

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...

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Is an unqualified person allowed to act on behalf of parties to litigation?

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...

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Supreme Court rules in favour of lender

8 July 2010 | Clare Stothard Comments Off

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”...

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