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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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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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Lowry release doubtful

The Portuguese legal representative of imprisoned British lawyer Professor David Lowry believes the odds are against him being released, despite widespread protest over his arrest. Lowry’s fraud trial, described by UK lawyers as “a very serious potential miscarriage of justice”, ended in Lisbon’s Boa Hora court last week with addresses by the prosecution, defence lawyer […]

City firms cash in on £3.75 bn issue

A landmark bond issue could set important precedents, say City lawyers. London & Continental Railways (LCR) is issuing the bond this month to finance the Folkestone to Fawkham section of the Channel Tunnel rail link. In an unprecedented move, the Government has guaranteed the issue for up to £3.75bn. The first tranche will be for […]

Bakers to rival Clifford Chance in Dusseldorf

Baker & McKenzie is to open a new office in Germany to accommodate a rapidly expanding market. The office will open in Dusseldorf on 1 April and will be the firm’s fourth office in Germany’s regionalised market and its 60th worldwide. Baker & McKenzie’s objective is to fight its way back up the ratings. In […]

Tough talk on a tender issue

After the trials and tribulations of compulsory competitive tendering (CCT), the more user-friendly – and accountant friendly – phrase of “best value” will be the mantra for the next millennium in local government circles. The Local Government Bill is currently going through Parliament and it is envisaged that the Act will start to be phased […]

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