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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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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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German strategy changes

While some foreign firms have failed in Germany, a change in tactics has seen others succeed, writes Patrick Stewart. Patrick Stewart is a freelance journalist. That Germany is an attractive destination for aspiring international law firms is undeniable. At least three UK-based firms Lovell White Durrant, Eversheds and Dibb Lupton Alsop are looking to set […]

In brief: Irvine examining daily fee plan for litigants

The Lord Chancellor, Lord Irvine has revisited the idea of charging litigants a daily fee during court cases in order to discourage them from stringing out cases. The proposal, first raised by Lord Irvine’s predecessor, Lord Mackay, is contained in a “discussion paper” on court fees issued by the Lord Chancellor’s Department last Friday.

Summers slams Bar Council disbar rules

A former barrister is threatening judicial review of a proposed Bar Council rule that will effectively disbar barristers who re-qualify as solicitors. Under the proposals, due to go before the Bar Council in March, barristers who become solicitors will be suspended for as long as they hold a solicitor’s practising certificate. But former barrister Gary […]

Lawyers “silent' over money laundering

Not enough lawyers are reporting suspicions of money laundering by clients, according to the Financial Action Task Force on Money Laundering (FATF). The OECD-backed agency, in its first report since it was set up last year, called for lawyers to be better trained to recognise suspicious transactions. The UK imposes obligations on lawyers to report […]

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