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Latest Briefings

Unfair relationships: The latest for lenders

By Christina Gill January 2019 saw two key cases concerning ‘unfair relationships’ between lenders and borrowers. Banking & Finance Litigation specialist Christina Gill looks at Pontearso v Greenlands Trading and Pilgrim Rock v Iwaniuk  and explains the latest key takeaways for lenders. What is an ‘unfair relationship’? Section 140A of the Consumer Credit Act 1974 (CCA) provides […]

The changing face of non-disclosure agreements

By Jo Tunnicliff Business Minister Kelly Tolhurst has announced that the rules surrounding non-disclosure agreements (NDAs) and confidentiality clauses will become more restrictive. We look at the proposed changes and how these could impact employers. How are such agreements used at the moment? Currently, a large number of employers use NDAs and confidentiality agreements to […]

Care home providers get new guidance from the CMA on terms of service

By Nina Smith The Competition and Markets Authority (CMA) has issued guidance for care home providers to assist with compliance under both the Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Rights Act 2015. The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]

Gas safety certificate must be provided before start of residential tenancy

By Georgina Kenny, Lucy Shepherd A second case confirms that a landlord who fails to provide a gas safety certificate before the start of a residential tenancy cannot later terminate the tenancy by using a section 21 notice. The Gas Safety (Installation and Use) Regulations 1998 (the Regulations) oblige landlords to provide a copy of […]

I am on the brink of bankruptcy, what can I do?

The Insolvency Act of 1986 (amended by the Insolvency Act 2000 and the Enterprise Act 2002) introduced a new procedure whereby a debtor could come to an arrangement with their creditors to pay their debts in full or in part, over time as an alternative to bankruptcy. This type of arrangement is known as an […]

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Quality standards: help or hindrance?

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An annus mirabilis

Champagne corks are popping for those firms posting record profits, but Philip Hoult and Robert Lindsay wonder whether a hangover is in the offing. Law firms will look back on the 1997/1998 financial year as a halcyon period. Amazingly, nearly every firm in The Lawyer Top 50 broke its record for both turnover and profitability. […]

Irish theme pub given licence to appeal

Roger Pearson reports on how an upcoming judicial review could see the theme pub making even further inroads in the UK. Harrods loses fight over name m Knightsbridge store Harrods has failed in the final round of the legal battle, reported in The Lawyer (17 December 1996), in which it sought to prevent Harrods (Buenos […]

Pension problems under scrutiny

Christopher Fitton and Andrew Long on the latest pensions mis-selling review. Christopher Fitton is a solicitor and Andrew Long a partner at Pinsent Curtis. On 13 August the financial services regulators launched Phase II of the Review of Past Pension Business. This low-key, eight-line press release attracted little coverage, but its implications will be massive. […]

Building society goes to Lords

The West Bromwich Building Society has been given leave to appeal to the House of Lords in a key battle over home income plans. The Court of Appeal ruling in February, which is under challenge, centres on a long-running dispute over home income plans, promoted in the 1980s, and the liability of solicitors who carried […]

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