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Undue influence – the concealment of affair amounts to undue influence

8 April 2010 | Clare Stothard Comments Off

The issue of undue influence has been a matter which has troubled the courts for many years. However, following the House of Lords decision in Royal Bank of Scotland plc v Etridge (2001) ("Etridge"), most...

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Consumer credit – discontinuance of claim and obligation to pay costs

7 April 2010 | Karen Jacobs

In general terms, if a claimant discontinues his claim he is usually ordered to pay the defendant’s costs unless the court provides for a different order (CPR 38.6 (1)).  In Carey v HSBC [2009] EWHC...

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Bankruptcy and compulsory liquidation fee – increase in April

25 March 2010 | Steven Mills Comments Off

The Insolvency Service has announced that the deposits payable in bankruptcy and winding up proceedings will be increased on 6 April 2010. The case administration fee charged by the Insolvency Service...

Consumer complaints (emerging risks and mass claims)

25 March 2010 | Clare Stothard

The OFT, Financial Ombudsman Service and FSA have published a joint discussion paper.  This paper covers how firms handle complaints and considers the current position of consumer redress.  It covers: firms’...

Consumer Credit Directive – transitional period

25 March 2010 | Steven Mills Comments Off

The Department for Business Innovation & Skills (BIS) has updated the timing for the UK implementation of the Consumer Credit Directive. The new Consumer Credit Directive repeals the original Directive...

Consumer credit agreements – requests for information

25 March 2010 | Steven Mills

The OFT is consulting on guidance for consumers and industry on the application of the sections on the Consumer Credit Act 1974 that allow consumers to request information about their credit agreements. The...

Credit and store cards – ‘Five-point plan’

25 March 2010 | Steven Mills Comments Off

The UK Cards Association, which represents the credit card industry, has reached a joint commitment with BIS as a result of the consultation “Review of the Regulation of Credit and Store Cards”. ...

Financial difficulty

25 March 2010 | Steven Mills Comments Off

Banks, building societies and credit card lenders who follow the Lending Code will provide additional protections to people who find themselves in financial difficulties. Under guidance issued by the Lending...

Limitation Act and mortgage debt

11 March 2010 | Clare Stothard

This judgment  highlights that where a borrower makes repayments albeit for a very small amount, this will ensure that time starts to run each time the part payment is made and so prevents a claim for...

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Administrators beware (but good news for landlords)

9 March 2010 | Mark Tempest

In Goldacre (Offices) Ltd v Nortel Networks UK Ltd (in administration) [2010] All ER (D) 54 (Jan), the respondent company held two long leases over properties of which the claimant was the landlord. During...

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