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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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

On 1 July the EU directive on the taxation of savings income will come into force. It will also become effective in the Channel Islands via agreements with individual countries within the EU. The directive allows three member states to adopt withholding tax for a transitional period, while the other 22 member states will adopt […]

Linklaters’ PEP knocks Freshfields out of place

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European investors failed to claim the $2.4bn that was owed to them from last year’s US securities class actions. Jon Robins reports on the firm trying to tap in to this lucrative market It was recently estimated that European-based shareholders failed to pick up in the region of $2.4bn (£1.32bn) last year from securities class […]

Debevoise, Herbies and Stibbe finalise epic Malaysian-Ghanian telecoms fight

Debevoise & Plimpton, Herbert Smith and Stibbe have closed a two and a half-year international dispute with an agreement that is expected to improve relations between Ghana and Malaysia. International arbitration proceedings against Ghana’s government were commenced by Herbert Smith client Telekom Malaysia in September 2002. The dispute concerned the company’s investment in Ghana Telecom, and the […]

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