2 February 2010 | Steven Mills
When a claim is allocated to the small claim usually the successful party is unable to recover the costs. In this case the Judge held that the successful defendant could recover their costs.
The...
Tags on this discussion: banking banks contract costs High Court
2 February 2010 | Steven Mills
The OFT is consulting on guidance because of concerns that some debtors are being misled into thinking that these sections can be used to get their debts written off and that some creditors are not following...
Tags on this discussion: banking banks consumer credit mortgages Office of Fair Trading OFT
27 January 2010 | Karen Jacobs
The Financial Services Authority has published proposals to strengthen existing rules on arrears handling.
The key arrears proposals:
Make plain that firms must not add early repayment charges...
Tags on this discussion: banking banks FSA mortgages
26 January 2010 | Tim Constable |
The Jackson report on Civil Litigation costs has proposed a host of important reforms. One recommendation which seems very likely to be implemented is a new standard form costs estimate for multi-track...
Tags on this discussion: costs Dispute Resolution Litigation Litigation and Dispute Resolution litigation project management Lord Justice Jackson
14 January 2010 | Karen Jacobs
Lord Justice Jackson’s report on costs in civil litigation has been published today. His proposals make dramatic reading.
The headline proposals are as follows:
Conditional fees. These are...
Tags on this discussion: costs Litigation litigation funding
12 January 2010 | Karen Jacobs
If the signature is not authorised then the guarantee is not effective. Section 4 of the Statute of Frauds Act 1677 provides that a guarantee must be in writing and signed by the guarantor or a person...
Tags on this discussion: Upload-Banking & Finance Litigation
8 January 2010 | Amanda Melton
So held Mr Justice Eady in a judgment handed down on 21 December 2009 in a case in which he concluded, "No one emerges with much credit". The facts read stranger than fiction and make interesting reading.
Miss...
Tags on this discussion: injunction Miss Andresen Mr Lovell Protection from Harassment Act 1997
5 January 2010 | Clare Stothard |
Can debtors avoid paying their debts under the Consumer Credit Act 1974 ("the Act") if a bank is unable to provide an exact copy of the agreement?
Judge David Waksman held that the banks could satisfy...
Tags on this discussion: banks consumer credit act
29 December 2009 | Steven Mills
The Ministry of Justice has today published a consultation paper on mortgages - power of sale and residential properties. It ends on 28 March 2010.
The consultation was launched in response to the case...
Tags on this discussion: eviction lenders mortgages residential property
22 December 2009 | Clare Stothard
The Office of Fair Trading ("OFT") has decided to drop its investigation into the fairness of bank charges.
This decision comes after the Supreme Court decision last month in which the banks successfully...
