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Articles by Clare Stothard
When does default interest become a penalty? Court of Appeal decision confirms correct approach
In a mixed decision for lenders, the recent Court of Appeal decision in Houssein & ors v London Credit Limited & ors has confirmed the applicable test in determining whether a default interest rate constitutes an unenforceable penalty and whether the standard interest rate can still be recovered following default if the default rate is not enforceable.
Fighting authorised push payment fraud: a new reimbursement requirement - 10 Key points
The Payment Systems Regulator (the PSR) has published its policy statement: ‘Fighting authorised push payment fraud: a new reimbursement requirement’ (the Policy Statement). We have set out below a summary the key points in the Policy Statement. Background On 29 September 2022, the PSR published its consultation (CP22/4: Authorised push payment (APP) scams: Requiring reimbursement) containing its proposals to give greater protection to consumers against Authorised Push Payment (APP) scams.
COVID-19 and the courts: the new normal | JD Supra
The UK is now 11 weeks into lockdown and, whilst there have been small changes to the rules, social distancing is guaranteed to remain in place for the foreseeable future. At the outset of lockdown, the courts were clearly struggling and hearings were routinely adjourned in the absence of any universal process in place to proceed in a world where social distancing was necessary.
Court of Appeal Judgment on Practice Direction 51(z) | JD Supra
Introduction On 27 March 2020, Practice Direction 51(z) was introduced, staying all possession proceedings and proceedings to enforce Possession Orders by Warrant or Writ of Possession for 90 days (i.e. until 24 June 2020). It was amended on 18 April 2020 to clarify that it did not apply to claims against trespassers within 55.6 CPR, application for interim possession orders or applications for case management directions agreed by all of the parties.
Court of Appeal Judgment on Practice Direction 51(z) | Lexology
Introduction On 27 March 2020, Practice Direction 51(z) was introduced, staying all possession proceedings and proceedings to enforce Possession Orders by Warrant or Writ of Possession for 90 days (i.e. until 24 June 2020). It was amended on 18 April 2020 to clarify that it did not apply to claims against trespassers within 55.6 CPR, application for interim possession orders or applications for case management directions agreed by all of the parties.
COVID-19: The Coronavirus Business Interruption Loan Scheme: a short-term fix? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Time to change the CPR rules on service? | Lexology
It is hard to believe that, in just a few weeks, the world as we know it has changed. What has come with lockdown is a new way of practising law, which involves working from home, virtual court hearings and video conferences, all of which are now the new normal. These changes have brought with them their own challenges, one of which is how to effect the service of court documents on other parties without easy access to the postal service or a fax machine (which surely no one still has!).
Virtual hearings: the way forward in the UK in uncertain times | Lexology
The world in which we live has dramatically changed in the past few weeks. The COVID-19 crisis has resulted in a lockdown where the government have advised people should only travel if absolutely essential. The question for many in the legal profession is this: where does that leave the administration of justice? The courts are taking a pragmatic approach.
The Court Of Appeal Provides Helpful Clarification On Legal Advice Privilege: Civil Aviation Authority v. R (On The Application Of Jet2.com Ltd)
To print this article, all you need is to be registered or login on Mondaq.com. Introduction The recent Court of Appeal decision in Civil Aviation Authority v. R (on the application of Jet2.com Ltd)1 has clarified the test for legal advice privilege (LAP). The court held that, to come within the scope of the privilege, it is not enough for a document to have had the purpose of seeking or receiving legal advice, rather that purpose must also have been the "dominant" purpose.
FCA Changes To Overdraft Charges
To print this article, all you need is to be registered or login on Mondaq.com. In June last year, the Financial Conduct Authority (FCA) confirmed it was going to introduce reforms to "fix a dysfunctional overdraft market", to make overdrafts simpler, fairer and easier to manage. The aim? To protect the millions of consumers who use overdrafts. A handful of changes have already come into effect, with the remainder coming into force in April 2020.
The Tort Of Intimidation And Economic Duress: Another High Hurdle For Claimants To Jump?
To print this article, all you need is to be registered or login on Mondaq.com. The High Court recently handed down its decision in Oliver Dean Morley t/a Morley Estates v. The Royal Bank of Scotland plc [2020] EWHC 88 (Ch), in which the claimant made allegations of intimidation and economic duress against The Royal Bank of Scotland (RBS).
FCA changes to overdraft charges | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The tort of intimidation and economic duress: another high hurdle for claimants to jump? | JD Supra
The High Court recently handed down its decision in Oliver Dean Morley t/a Morley Estates v. The Royal Bank of Scotland plc [2020] EWHC 88 (Ch), in which the claimant made allegations of intimidation and economic duress against The Royal Bank of Scotland (RBS). In this alert, we look specifically at how the court considered these allegations and how this compares to the court's approach in considering similar allegations, such as unlawful means conspiracy.
The Gambling Commission's Ban On Credit Cards
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The Gambling Commission's ban on credit cards | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Witness Statements Reform: be focused and follow the rules, or be punished | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Be Focused And Follow The Rules, Or Be Punished
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Can a witness be guilty of contempt by communicating with a third party when they are part-way through giving evidence? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Solicitor's failure to file costs budget not remedied by undertaking to pay costs thrown away | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
To what extent can a claim for dishonest assistance be made against banks when receiving fraudulent bank payments? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Judicial review of Financial Ombudsman Service decision brought by SIPP administrator fails | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
UK banks commit to dispute resolution processes for larger SMEs, including legacy complaints | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Access to court documents by an interested third party | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Mortgage set aside for undue influence but lender still entitled to possession pursuant to its equitable charge | JD Supra
JD Supra Privacy Policy Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Creative attempts to sue banks fail to overcome the high threshold for claims in conspiracy | JD Supra
JD Supra Privacy Policy Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Security for costs ordered against dormant company where ATE insurance inadequate and claim speculative | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Review into the Complaints and Alternative Dispute Resolution Landscape for UK SMEs by UK Finance | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Barclays successfully defends first swap mis-selling claim involving a claim by individuals for breach of statutory duty | JD Supra
Barclays successfully defends first swap mis-selling claim involving a claim by individuals for breach of statutory duty – Ramesh Jadavji Parmar and Rama Ramesh Parmar v. Barclays Bank PLC [2018] EWHC 1027 (Ch) In a comprehensive judgment, Mr Hochhauser QC, sitting as a Deputy Judge of the Chancery Division (the judge), has today dismissed claims for alleged breaches of statutory duty in relation to two interest rate hedging products (IRHPs) entered into by the claimants in April 2009.
I'm sorry I haven't a CLU - swaps claim relating to bank's failure to disclose internal credit provision is dismissed - London Executive Aviation v. The Royal Bank of Scotland plc [2018] EWHC 74 (Ch) | Dentons - JDSupra
In a robust judgment, Mrs Justice Rose (the Judge) has dismissed claims for negligence and misrepresentation in relation to two interest rate hedging products (the HPs) sold to the claimant (LEA).
No duty of care owed by banks to customers in relation to IRHP review
- (1) CGL Group Limited; (2) Jacqueline Bartels and Adrian Bartels; (3) WW Property Investments Limited v.
Regulatory developments
Manjeet Mohal, a former business analyst at Logica Plc, has been sentenced for insider dealing along with his neighbour, Reshim Birk. Mr Mohal was sentenced to 10 months’ imprisonment and Mr Birk to 16 months, both sentences suspended for two years. Mr Mohal was found to have come by inside information on CGI Holdings (Europe) Ltd’s planned takeover of Logica and shared that information with Mr Birk, who then traded in Logica shares and options to make more than £100,000.
What can we learn from the first half of 2017?
Whilst a number of cases in the first six months of 2017 dealt with issues of particular interest to litigators (e.g. LBI EHF v. Raiffeisen on default provisions and service by fax, BPE Solicitors v. Hughes-Holland on loss flowing from negligence), the recent case with perhaps the widest implications for lawyers and investigators is SFO v. ENRC.
Judgments | Dentons - JDSupra
This was the appeal of an unsuccessful claim against Credit Suisse International (the Bank), in which the claimants alleged that the Bank had failed to secure the best price reasonably obtainable when it exercised its powers of sale under a participation agreement (the Agreement) entered into between the parties.
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