Combating racism in the profession

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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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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: Eversheds, Birmingham recruits from rivals

Eversheds’ Birmingham office has hired two partners from national rivals. Commercial property partner Mike O’Sullivan is joining from Edge Ellison and insurance partner Geoff Owen is joining from Dibb Lupton Alsop. Meanwhile another Dibbs’ partner, David Maples, is leaving the firm’s Manchester office to join the Liverpool office of Berrymans Lace Mawer.

Divorce is no place for 'nasty' lawyers

Leading playwright Terence Frisby believes that the legal profession is ill-equipped to deal with the emotive issues that surround divorce proceedings. It was when a member of staff at the Royal Courts of Justice held a door for me, touched his cap and said, “Morning, Mr Frisby”, that I realised something had gone seriously wrong […]

Prescott adds brands to Bacardi

Last year’s £9.8bn merger of Grand Metropolitan and Guinness to form Diageo also resulted in a bonanza for other lawyers this year when the European Commission and the Federal Trade Commission ruled that Diageo was required to dispose of the Dewars Scotch and Bombay Gin brands. After a rapid auction, Diageo sold the brands for […]

Harassment Act is poorly worded

The Protection from Harassment Act was rushed through leaving grey areas vulnerable to argument, writes Roger Pearson. Anti-stalking laws have been under the microscope in the High Court in a case which has brought some judicial clarification, but which has also left the door wide open for further legal challenge. The case centred on definition […]

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