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 The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]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

Recommended

Protecting the debtor

Anne McGrath says insolvency law reform is still high up on the Government’s agenda. The Queen’s Speech has come and gone with n’er a royal whisper of the proposed reform of insolvency law, which Secretary of State for Trade and Peter Mandleson have been strongly pushing for. But the DTI has confirmed that it is […]

Property

Cliff McAuley and Richard Hopkinson-Woolley of Clifford Chance advised Prestbury Group on the u1m-a-year letting of the Surrey Quays Retail Park to a continental sports retailer. The site will become the country’s largest sports superstore.

Corporate investors' risk costs will rise under SFA

Corporate investors at Lloyd’s are likely to see the costs of underwriting rise as the insurance market is brought under the direct supervision of the Financial Services Authority (FSA). The current draft of the Financial Services and Markets Bill gives extensive supervisory powers to the FSA over Lloyd’s, and the City regulator is likely to […]

Breaking down the barriers

The harmonisation of insolvency laws across Europe remains uncertain, write Howard Morris and Katharine Theobald. Howard Morris is a partner and Katharine Theobald a solicitor at Denton Hall. The idea of a European Convention on Insolvency Proceedings to harmonise substantive insolvency laws across Europe was first explored in 1960. On 23 November 1995, the convention […]

Cost disputes: what cost to the solicitor's reputation?

Marlene Winfield says that solicitors must be more transparent about exactly how much their services are going to cost the consumer. Marlene Winfield is senior policy officer at the National Consumer Council. Last year, I was having problems with a bowing wall in my Victorian semi. The surveyor thought it might be a drains problem. […]

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