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Latest Briefings

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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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

I am on the brink of bankruptcy, what can I do?

The Insolvency Act of 1986 (amended by the Insolvency Act 2000 and the Enterprise Act 2002) introduced a new procedure whereby a debtor could come to an arrangement with their creditors to pay their debts in full or in part, over time as an alternative to bankruptcy. This type of arrangement is known as an […]

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Sweden’s courts fall foul of ECJ

Sweden faces censure from the European Commission for failing to refer enough cases to the European Court of Justice (ECJ). The Commission has called for Swedish courts to refer more cases involving interpretation of EU law to the ECJ, arguing that with only three referrals since 2001 Sweden is breaking its EU treaty obligations. Brussels […]

Australia set to unify defamation legislation

Australia could introduce uniform national defamation laws after the country’s eight states and territories agreed earlier this month to support the development of new legislation. The claim comes after the states and territories unanimously voiced their support of a model bill for the laws proposed by the New South Wales government at a meeting of […]

DLA hires Pinsents’ IP head to lead Birmingham push

DLA has stolen Pinsents head of intellectual property to kickstart its Birmingham IP practice. Highly rated partner Marie McMorrow, who is head of both Pinsents IP and automotive groups, will join DLA on 6 December, bringing with her senior associate Colin Leech. Her clients include Avon Cosmetics and Unomedical. The move signals DLA’s push into […]

UK Supreme Court’s costs estimated at £7m per year

The Lord Chancellor, Lord Falconer of Thoroton, gave evidence to the Commons Constitutional Affairs Committee last week, estimating the cost of the proposed Supreme Court to be £7m per year. It is a figure that will concern many. Currently, the cost of the Law Lords sitting in the House of Lords is a little over […]

Eversheds consolidates Midlands management

Eversheds has announced plans to consolidate its Midlands offices under one management team. This follows a similar process instituted in the North and South. Cardiff, Birmingham and Nottingham will operate under one banner, the Central region, and with one management team from May 1, 2005. Eversheds’ managing partner David Gray explained that the restructuring means […]

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