Commission report clears up consent

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Latest Briefings

Landlord’s threats of legal action amounted to harassment of tenant

The recent Court of Appeal decision in Metropolitan Housing Trust Ltd v Worthington (1) and Parkin (2) alerts landlords to the risk of their dealings with tenants amounting to unlawful harassment.  Housing Management and Litigation experts Karl Anders and Lucie Bryan explain and offer practical advice, which will be of particular interest for social housing providers […]

Cabot SPR appeal: A welcome outcome for unsecured lenders in Scotland

Walker Morris partner Rob Aberdein explains an appeal allowed by the Sheriff Appeal Court which clarifies that the “interventionist and problem-solving approach” required of sheriffs under the new Simple Procedure Rules Simple Procedure Rules (SPR) for low value claims does not extend to undefended claims.  The appeal concerned a number of test cases and will […]

Industry responds to SME access to the FOS

The FCA last week published a suite of responses it has received to a consultation paper (CP18/3) released in January this year setting out the FCA’s proposed changes to the jurisdiction of the Financial Ombudsman Service (FOS) to open the FOS complaints resolution process to small businesses (SMEs). The fourteen responses published come from a […]

Cyber security, separation and self-protection online

Social media has many benefits, enabling us to keep in touch with old and new friends alike, sharing special moments with ‘followers’, organising events or tracking exercise progress. However, there is a dark side to the web.  Every click, post or search adds to your very own digital footprint, this leaves everyone vulnerable to exploitation. […]

Romanian companies will be able to distribute dividends on a quarterly basis

The Romanian Parliament recently approved the Law on the Amendment and Completion of the Accounting Law No. 82/1991, Amendment and Completion of the Companies Law No. 31/1990 and Amendment and Completion of Law No. 1/2005, on the organisation and functioning of cooperative companies. Before entering into force, the law will have to be promulgated by […]

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An Act of confusion

The growing number of childless couples entering into surrogacy arrangements has added a new dimension to family law litigation. This area of family law was the focus of a recent judgment given in chambers in the High Court’s Family Division by Mr Justice Johnson. The decision was made public because of the nature of the […]

City partner swaps practice for Bar

A FORMER City partner has crossed over to the Bar in search of more advocacy work and greater variety. Sue Burns, formerly of Lovell White Durrant, was invited to join 3 Serjeants’ Inn chambers after successfully completing a three-month refresher pupillage. She originally qualified as a barrister before establishing herself as a construction litigation specialist […]

Litigation Recent Decisions 19/12/95

Extradition proof that foreign offence is not time-barred R v Bow Street Magistrates Court, ex parte Paloka: sub nom re Paloka (1995). DC (Simon Brown LJ and Scott Baker J) 6/11/9Summary: In extradition proceedings the onus was on the detainee to show the proceedings were out of time not the other way around. Application by […]

No ignoring the problem

Some in the profession may have their doubts about the Mears/Sayer/Edge approach to conveyancing. Brian Marson is one and in The Lawyer 19 December he made this clear. In the same article he said he was also totally in favour of good quality conveyancing being carried out for much greater reward than it is currently […]

LAPG calls for action on quality

THE JOINT leaders of the Legal Aid Practitioners Group have called on the Law Society to seize back the quality initiative by introducing more specialist panels and pushing ahead with quality accreditation. In a message to their group, co-chairs Jon Lloyd and Bill Montague have accused the profession of being “too slow off the mark […]

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