Financing and restructuring

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Latest Briefings

High Court rules on key contractual issues in post office group litigation

By Gwendoline Davies, Nick McQueen On 15 March 2019, the High Court handed down its first judgment on substantive issues in the high-profile Post Office Group Litigation, as Commercial Dispute Resolution specialists Gwendoline Davies and Nick McQueen explain. The judgment, which stretches to 315 pages, is notable because it covers many different key contractual issues, […]

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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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 […]

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In brief: Social services reprieve for council

The House of Lords has ruled that councils can take into account resources when allocating social services. Gloucestershire County Council and Health Secretary Stephen Dorrell had appealed an Court of appeal decision that once care was agreed it had to be provided no matter how short of money a council was.

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Shared-based employee benefits have their origins in the US where this form of motivation and reward for employees, both senior executive and company-wide, has been commonplace for some time. There is little doubt that there is now an equal interest in these structures in the UK and also, slowly, in continental Europe. The UK has […]

Isle speaks with more authority

The Isle of Man is not complacent about its reputation as a financial services centre. The private sector, the legislature and the regulatory authorities are all conscious that, to maintain its position in the offshore world, it must continually develop its legislation to enhance its products and services. Recent legislative changes reflect this. A significant […]

Ontario's 'robojustice' plan sparks political controversy

Concerns in Ontario about an ambitious C$100m plan to computerise and re-engineer the province’s entire justice system have been heightened by accusations that the regional government is pursuing a policy of “information control”. Negotiations are under way between the provincial government and a consortium of companies led by IBM to sign a deal to launch […]

Smith Bernal establishes arm in Bermuda

The London-based reporting company Smith Bernal International, which provided the transcription technology for the OJ Simpson trial, has set up an operation in Bermuda. The new arm will provide the same range of reporting services as the company’s offices in London, Hong Kong and Philadelphia. Its chief executive, Graham Smith, said the company chose to […]

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