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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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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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Govt must decide on gay job laws

The review of anti-discrimination legislation by the Better Regulation Task Force (BRTF) lacks an ethical framework. The Government might argue that it is leaving it to the courts to decide whether discrimination on grounds of sexuality is lawful under the Human Rights Act. But why should political leaders expect more of the UK judiciary than […]

Midlands market is ripe for rich pickings

The Midlands legal scene is acknowledged as a dog-eat-dog world. And, with 480 law firms, Birmingham eclipses provincial rivals like Leeds and Manchester. As one managing partner says: “Birmingham’s profile has risen dramatically by hosting events like the G7 summit, the Eurovision song contest and Gladiators.” Despite the region’s manufacturing industry – the traditional bread […]

Exiles seek redress from the Government

Roger Pearson reports on how the actions of the British Government 30 years ago may come back to haunt it today. The Government is facing a potentially embarrassing confrontation over human rights in the High Court with accusations that it “rode roughshod” over the rights of islanders from the Chagos Islands in the Indian Ocean. […]

Barristers' pay is more than enough

Your article “Barristers fight solicitors for share of a shrinking market” (The Lawyer, 21 June) suggests barristers can compete effectively on price by charging a “very low rate” of #50 per hour, and that their overheads are around 25 per cent of earnings. Let’s do some calculations on this. Suppose these barristers work for 30 […]

Hugh James shuffles pack after Ford Simey merger

Welsh firm Hugh James has shuffled its senior positions following its recent merger with Exeter-based Ford Simey. Matthew Tossell has become the managing partner of Hugh James Ford Simey. He replaces Cherry Wright, who is returning to fee earning. Senior partners have not escaped the reshuffle. Two senior partners have been replaced with a single […]

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