Ratification of a director’s breach of duty

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Walker Morris team explores opportunities in new entry-level exception sites and starters homes

By Richard Sagar, Karl Anders, Graham Whiteford, Josh Kitson Introduction This briefing note, prepared by the Walker Morris Planning Environment Team, explores the opportunities presented in the new National Planning Policy Framework (“NPPF2“). Specifically, the opportunities to obtain planning permission for new entry-level exception sites consisting of affordable housing for first-time buyers on previously unallocated […]

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By Louise Power, Rachel Elgar Banking & Finance Litigation specialists Louise Power and Rachel Elgar report on the Payment Systems Regulator’s (PSR) recent proposals for dealing with push payment fraud. What is push payment fraud? Payments are described as ‘push payments’ when the payer obtains the payee’s account details and instructs their bank to send (or push) […]

Risks associated with GDPR for retailers

By Jeanette Burgess and Gwendoline Davies Much of the focus in the retail and legal press in recent months has been on the eye-watering level of fines which data protection regulators can impose for infringements of the new EU General Data Protection Regulation (GDPR) legislation [1].  However in this mini-series Walker Morris’ Heads of Regulatory & […]

Where we are now with e-conveyancing and electronic mortgage deeds?

By Christina Gill In a consultation paper published in August 2018 the Law Commission has sought to address legal uncertainty surrounding the electronic execution of documents, which is causing practical problems in today’s fast-paced, technology-driven business world. For example, whilst basic contracts can be validly formed without any documentation or formality, other contracts and legal documents must comply with […]

Approval of changes in Debt Arrangement Scheme in Scotland

By Rob Aberdein In August 2018 Rob Aberdein explained proposed changes to the Debt Arrangement Scheme (DAS) in Scotland. The legislation enacting those changes has now been approved by Parliament and the new regime will come into force on 29 October 2019.  The legislation and guidance can be viewed here.

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Redress scheme outcome challenges – Have they ended?

By Paul Gair The recent case of R. (on the application of Holmcroft Properties Ltd) v KPMG LLP 2018 WL 04636705 has confirmed that Judicial Review is not the appropriate avenue for a bank customer unhappy with an accountancy firm acting as a ‘skilled person’ in approving an offer of compensation by his bank under a redress […]

English Courts grants freezing order against unidentified individuals

By Nick Curling In CMOC v Persons Unknown [2017] EWHC 3599 (Comm) the claimant, China Molybdenum Company (CMOC), successfully obtained a worldwide freezing order against a class of unknown respondents. This was the first time the English Courts have granted a freezing order against unidentified individuals. Background The claim underlying CMOC’s freezing order application related to losses […]

Pay.UK releases rules and guidance for the confirmation of payee (CoP) service

By Elena Kyriakou On 18 October 2018 Pay.UK announced it had released to the market the standards, rules and guidance for the confirmation of payee (CoP) service. This is the latest in the line of industry initiatives to help protect consumers from falling victim to Authorised Push Payment (APP) fraud. When delivered by payment service providers, […]

Social housing monthly law update – October 2018

By David Isaacson Highlights of this month include: Autumn budget coming up Government announces new generation of council housing Bereavement (Leave and Pay) Act 2018 receives Royal Assent Government announces new housing measures Download the full update to get fully up-to-speed on the past month.

Austria – Has due diligence obligations for shareholder creditors increased?

The Austrian Insolvency Code provides for the possibility to challenge certain disadvantageous transactions carried out by the debtor after material insolvency has occurred, especially if the creditor knew or should have known of its debtor’s material insolvency. This risk of legal actions being contested is of particularly high relevance for shareholders who are also creditors […]

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