Litigation Recent Decisions 14/04/98

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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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Management: Scotland. Scottish practice needs fresh approach

Many Scottish firms are in commercial trouble. Their decline can not only be halted, but with some fresh ideas, can be turned around, says Fiona Westwood. Fiona Westwood is a partner at management consultancy Robertson Westwood. Scots are known throughout the world for their inventiveness and commercialism, yet the Scottish legal market is showing all […]

In brief: Coutts appoints Carr as general counsel

Coutts Group, the private banking arm of NatWest, has appointed Chalmers Carr to the newly created position of group general counsel. Carr will have responsibility for building up a team to serve Coutts’ worldwide network of offices. Carr joined from HSBC, where he spent nine years as general counsel.

Conviction on the menu

The case of a hotel sandwich board which upset planners in Bideford, North Devon, is to return to the local magistrates’ court. But when it returns, the magistrates have been given no choice but to convict hotelier Alan Jarad for breach of the Town and Country Planning (Control of Advertisements) Regulations 1992 by putting the […]

Ruling repairs landlord's rights

Roger Pearson looks at a decision which could have serious consequences for tenants who do not comply with repair covenants. A recent ruling in the Chancery Division of the High Court is seen as adding a further weapon to the increasing armoury of landlords seeking to force tenants to honour the terms of repair covenants. […]

Property

Morgan Bruce acted for Capital and Regional Properties in raising £130.5m by way of a rights issue and an extension of banking facilities through Hypo Bank, advised by Allen & Overy. Slaughter and May advised the underwriters of the rights issue.

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