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Case rules in favour of lender (again)

Comments Off 31 August 2010 | Steven Mills

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

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

Comments Off 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...

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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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FSA Responsible Lending Proposals

14 July 2010 | Jackie Hanlon

Tightening of regulation was inevitable given the financial turmoil that followed the global economic downturn which exposed the flaws in the UK mortgage market. Clear regulatory guidelines are welcomed...

Supreme Court rules in favour of lender

Comments Off 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”...

The Agency Workers Regulations 2010

6 July 2010 | Michael Delaney

the 1st October 2011, the Agency Workers Regulations 2010 are due to come into force. The time between publication of the final Regulations and them coming into force was intended to give recruitment agencies...

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Can trustees’ right to be indemnified out of trust assets for all expenses reasonably and properly incurred and to have a lien over trust assets rank in priority to a bank’s security?

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...

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Undue influence

24 June 2010 | Karen Jacobs

Can a court make a finding of actual undue influence even if this is not pleaded? Even where a finding of undue influence is made, if one part of the transaction is not affected by the undue influence,...

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