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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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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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CC drafts new rules for LIFFE

CLIFFORD CHANCE finance partner Tim Plews is drawing up the new rules for controversial screen-based trading at LIFFE, the London International Financial Futures & Options Exchange. The move from open outcry to electronic trading, is likely to see dozens of City traders losing their jobs. But the move has been forced by competition from Frankfurt’s […]

Court makes intentions clear

Irvine pledges to go all the way with audience rights “There are no “no go’ areas in the Government’s determination to modernise our country,” proclaims the Lord Chancellor’s consultation paper on rights of audience and rights to conduct litigation. Noting that the 1990 Courts and Legal Services Act has led to only 624 solicitor-advocates in […]

In brief: Eversheds

The Eversheds scheme which won the Best Marketing Initiative in the 1998 The Lawyer/Hifal awards is the Employers Forum on European Union Social Policy (EFSP). The scheme was incorrectly named in the awards supplement which has been sent out with The Lawyer. The judges comments referred to another entry.

NHSLA keeps panel of law firms on its toes

LAW firms on the National Health Service Litigation Authority’s (NHSLA) medical negligence panel have attacked as a waste of money a controversial “gatekeeping” scheme which brings in other law firms to scrutinise their work. The scheme was originally introduced by the NHSLA two years ago to help it slash its panel from 90 to 18, […]

Handle with care: court cameras

While many see US court coverage as reason enough to ban cameras in court, Arun Daniel-Selvaratnam says the opposite is true. Arun Daniel-Selvaratnam is a non-practicing barrister. Louise Woodward has returned to our national lexicon with the Supreme Court of Massachusetts upholding the decision of Judge Hiller B Zoebel. We all have an opinion as […]

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