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Marshalling is an equitable remedy for achieving fairness between two or more secured creditors of the same debtor.
An administrator, liquidator or receiver must make a ‘prescribed part’ of the company’s net property available for the satisfaction of unsecured debts.
Andrew Northage considers another case in which the FCA took enforcement action against inadequate anti-bribery procedures — even where no bribery had occurred.
Repeated unmeritorious attempts by the borrower to avoid repossession by the receivers and lender led to the strike-out of the borrower’s claim.
‘Firms must put the interests of customers first’ warns the FCA as it hands down its largest ever retail conduct fine download
Failings by insurance intermediary HomeServe have resulted in the company being fined £30.6m, the largest amount ever imposed by the Financial Conduct Authority for the retail sector.
The Court of Appeal has accepted the arguments of Bank of Scotland in the first reported case to analyse the proper content of a unilateral notice registered in the charges register to a property.
Since the current UK government was formed in 2010, it has been keen to promote industrial and provident societies and mutuals as part of the diversity of the UK economy.
‘Debtors’ to get a fairer Green Deal download
The Department of Energy & Climate Change recently announced further revisions to the Consumer Credit Act 1974, as applicable to Green Deal plans.
The London Stock Exchange has published AIM notice 38, which consults on a number of proposed changes to the AIM Rules for Companies and AIM Rules for Nomads.
Crowdfunding as a way of securing investment is beginning to gain ground on both sides of the Atlantic. What are the current regulatory requirements and how is this likely to change?
Parties to a contract need to be confident that the directors of the company they are dealing with have authority to bind the company. What is the position where the director has no authority?
LIBOR claims set to continue download
The High Court in Graiseley Properties Ltd v Barclays Bank plc had permitted the borrower to amend their particulars of claim following LIBOR-fixing allegations, but in Deutsche the court refused.
In Szepietowski v National Crime Agency, the Supreme Court set out a clear test for when the remedy of marshalling should be available to a second mortgagee.
We often come up against the argument from defendant professionals that the lender would not have acted differently even if it had been properly advised.
The judgment in this case gives a thorough and helpful review of the authorities and issues in play when a solicitor seeks to rely on a section 61 TA defence to a claim for breach of trust.
Price cap for payday loans download
In an unexpected and dramatic change of policy, the government has decided that a price cap should be introduced for payday loans.
On 4 December 2013, the government published the latest version of the National Infrastructure Plan, which was referred to by the chancellor in his Autumn Statement the following day.
Two strikes and you’re out — the FCA gives further insight into the new consumer credit regime download
The FCA has answered questions from consumer credit businesses about its proposed approach to regulation as set out in its October consultation paper.
The Financial Conduct Authority consultation paper — regulatory fees and levies: policy proposals for 2014–15 download
The Financial Conduct Authority will take over the regulation of consumer credit from the Office of Fair Trading on 1 April 2014.
The government has announced that it will cap the cost of payday loans. The level of the cap will be decided by the Financial Conduct Authority.