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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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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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Garrigues, Dundas set to quit Andersen Legal

US indictment threatens legal network as key members poised to sever links The Andersen Legal network is in danger of collapsing following the US Department of Justice (DoJ) indictment of Andersen LLP on obstruction of justice charges. One key member is close to pulling out of the network and others are considering whether to do […]

BA names new legal director

BA has named Stephen Walsh’s replacement within its legal department Maria Da Cunha is already a lawyer with BA and will take over as legal director on 1 April. Her ambit includes responsibility for external legal advisers.Da Cunha trained as a barrister but later joined Lovells as a corporate lawyer. She left for Lloyd’s of […]

Keeping the faith

Among the stormy seas of recent corporate events, the ‘good faith’ section of the Marine Insurance Act 1906 has been making waves of its own. Joanna Goldsworthy reports Commercial events of 2001 were dominated by several high-profile corporate collapses, including Railtrack, Equitable Life, Independent Insurance and, most spectacularly of all, Enron.The issues raised by these […]

Robert Muckle rejigs management

Robert Muckle has undertaken a management reshuffle Current managing partner Ian Gilthorpe and senior partner Hugh Welch will swap roles from the beginning of April following an uncontested vote. Welch has been the North East firm’s senior partner since 1997. He will assume the managing partner role of a fixed five-year term. Gilthorpe had been […]

Norton Rose has Georgia on its mind for arbitration

The former Soviet republic of Georgia may become an international arbitration centre to sit alongside London, Paris, Stockholm and the US if a collaborative project involving Norton Rose goes ahead Arbitrations currently take place in Georgia but are subject to rules governed in the main by the International Chamber of Commerce, the American Arbitration Association, […]

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