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Latest Briefings

Landlord’s threats of legal action amounted to harassment of tenant

The recent Court of Appeal decision in Metropolitan Housing Trust Ltd v Worthington (1) and Parkin (2) alerts landlords to the risk of their dealings with tenants amounting to unlawful harassment.  Housing Management and Litigation experts Karl Anders and Lucie Bryan explain and offer practical advice, which will be of particular interest for social housing providers […]

Cabot SPR appeal: A welcome outcome for unsecured lenders in Scotland

Walker Morris partner Rob Aberdein explains an appeal allowed by the Sheriff Appeal Court which clarifies that the “interventionist and problem-solving approach” required of sheriffs under the new Simple Procedure Rules Simple Procedure Rules (SPR) for low value claims does not extend to undefended claims.  The appeal concerned a number of test cases and will […]

Industry responds to SME access to the FOS

The FCA last week published a suite of responses it has received to a consultation paper (CP18/3) released in January this year setting out the FCA’s proposed changes to the jurisdiction of the Financial Ombudsman Service (FOS) to open the FOS complaints resolution process to small businesses (SMEs). The fourteen responses published come from a […]

Cyber security, separation and self-protection online

Social media has many benefits, enabling us to keep in touch with old and new friends alike, sharing special moments with ‘followers’, organising events or tracking exercise progress. However, there is a dark side to the web.  Every click, post or search adds to your very own digital footprint, this leaves everyone vulnerable to exploitation. […]

Romanian companies will be able to distribute dividends on a quarterly basis

The Romanian Parliament recently approved the Law on the Amendment and Completion of the Accounting Law No. 82/1991, Amendment and Completion of the Companies Law No. 31/1990 and Amendment and Completion of Law No. 1/2005, on the organisation and functioning of cooperative companies. Before entering into force, the law will have to be promulgated by […]

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Law Soc must face its responsibilities

I must declare an immediate interest. I am one of the patrons of the African Caribbean & Asian Lawyers Association and have been ever since its foundation. Recently I had the opportunity of opening its annual conference. It was a most successful conference and one I enjoyed attending. It was overshadowed, however, by the fact […]

Protecting the good name of lawyers

Image, the perennial problem for the legal profession, is particularly pertinent to personal injury lawyers, if the US experience is anything to go by. There, the excesses of lawyers, from ambulance chasing to touting for business at the scene of accidents, have managed to give the legal profession a rather sullied reputation. The consequent loss […]

Colin Passmore on legislation affecting directors' duty of care

The Australian courts continue to take the lead in updating the nature of the duty of care which directors owe to their companies. Last year, the New South Wales Court of Appeal in Daniels v AWA (1995) displaced early English law formulations of the scope of directors’ duties. These required directors to exercise a level […]

Contempt of court. When the court draws the line

CONTEMPT of court: the very phrase has a medieval ring to it, evoking chains and dungeons – and the dungeon in its modern form is just what was ordered by Judge Pearson when Sarah Holt and her friend and co-witness Sophie Bird refused to give evidence at Chelmsford Crown Court. The young women had probably […]

Pensions watchdog Opra shows teeth with its appointment of lawyer and senior policeman

The embryonic post-Maxwell pensions watchdog is showing it intends to have teeth, with appointments thus far including a City lawyer and a policeman. The appointments to Opra (Occupational Pensions Regulatory Authority) were welcomed by pensions partner at Lovell White Durrant, Harriet Dawes, deputy chair of the current Occupational Pensions Board which Opra will replace. Richards […]

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