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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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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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City firm casts net for corporate experts

MORE THAN 10 experienced lawyers are to be taken on as part of a recruitment drive by big City firm Herbert Smith. The new staff are being recruited for the corporate department and will bring the number of lawyers employed by the firm across the globe to about 500. Herbert Smith is looking for solicitors […]

First Name action could set off Lloyd's avalanche

THE FIRST legal action taken by Lloyd’s of London agents against a Lloyd’s Name could start an “avalanche” of cases against other individual defaulting Names, according to the agents’ lawyers. The action, against Dr Andrew James Higgins, was the subject of an Order 14 hearing last week and should result in a judgment within days. […]

Couderts in mass recruitment drive

COUDERT Brothers will introduce 80 new attorneys to its US practice next month if current merger talks with intellectual property lawyers are successful. Chair of the firm’s executive committee Anthony Williams last week confirmed Couderts was planning to strengthen its IP practice through acquisitions in New York, Washington and Los Angeles. New York, the base […]

Slaughters serves Barings protective writ

Slaughter and May is handling a ‘protective’ legal action on behalf of Barings’ administrators, Ernst & Young, against former derivatives trader Nick Leeson. A High Court writ was issued to “preserve the position of the administrators of Bishopscourt (BS) and Bishopscourt (BB & Co)”, formerly Baring Securities and Baring Brothers & Co said a spokesman […]

Libel/Food Contamination. When food isn't quite so glorious

Incidents of food and drink contamination, whether malicious or accidental, are never out of the news for long. Only recently it was reported that Marks & Spencer had launched a campaign to recall certain chocolate cakes on the same day that Sainsbury’s were recalling wafers because of possible contamination. The two incidents were unrelated. Such […]

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