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Plevin v Paragon — non-disclosure of the amount of PPI commission paid to the lender rendered its relationship with the borrower unfair download
The Supreme Court has ruled that non-disclosure of the significant amount of commission earned by a lender created unfairness in the borrower’s relationship with it.
On 6 November 2014, the Competition and Markets Authority (CMA) launched an in-depth investigation into both the personal current account sector and aspects of SME retail banking.
The Financial Conduct Authority is currently consulting on proposed changes to the rules on complaints handling and customers’ access to the Financial Ombudsman Service.
On 13 November the Payment Systems Regulator published a consultation paper entitled ‘A new regulatory framework for payment systems in the UK’ with responses due by 12 January.
Stamp duty on takeovers download
We have seen an increasing number of public company takeovers structured as schemes of arrangement.
The Court of Justice of the European Union has recently ruled on the approach national courts should take when deciding whether an arbitration clause in a contract between a bank and consumer is unfair.
The High Court has determined preliminary issues in a professional negligence claim against a firm of conveyancing solicitors brought by a mortgage lender.
The Supreme Court has denied lenders a claim for equitable compensation for a solicitors’ breach of trust that exceeds that of the actual loss caused.
The CMA is to make a ‘Phase 2’ market investigation reference in relation to the supply of retail banking services to personal current account customers and SMEs.
This is a cautionary tale for lenders to take care that their rights under an ‘all monies’ clause are not lost when enforcement action is taken against individual security in separate actions.
The Financial Reporting Council has published changes to the UK Corporate Governance Code.
In Richmond Pharmacology Ltd v Chester Overseas Ltd, Chester held 44 per cent of the shares in Richmond.
In Shafi v Rutherford, the Court of Appeal considered the completion accounts clause in a share purchase agreement, by which the final consideration was to be determined.
Mis-selling of interest rate swaps download
The drop in interest rates that accompanied the downturn in 2008 left many borrowers confronted with much higher-than-expected payments to lenders.
The Supreme Court has published its final decision in the North East Property Buyers litigation that has provided crucial clarity on priority interests in land.
When a court assesses the amount of costs payable by one party in litigation proceedings to another, the costs may be assessed on either a standard basis or an indemnity basis.
Rights of a subrogated creditor download
Subrogation is a remedy allowing a party to step into the shoes of another party assuming the benefit of any rights that second party may have in relation to a liability.
The Pensions Regulator has finally reached a compromise in respect of the Financial Support Directions it issued in connection with the Lehman Brothers pension scheme.
Finance Bill 2014 download
On 17 July 2014, the Finance Bill received royal assent and became the Finance Act 2014 (FA 2014).
A recent High Court case concerned borrowers who had a buy-to-let portfolio with many of the properties mortgaged.