As some readers may recall, in a previous blog I reported on how last year the Financial Services Authority (FSA) had ordered Barclays, HSBC, Lloyds and the Royal Bank of Scotland to conduct a review of sales of Interest Rate Hedging Products to small/medium sized businesses. The FSA required those banks to carry out a […]

This year will be busy for the Commercial Dispute Resolution Department, not least because of a case that is heading to the Supreme Court which will provide a ruling important to all religious charitable institutions and religious institutions which have a Supreme Head. The case relates to the Birmingham and High Wycombe Gurdwaras (Sikh Temples) and […]

A recent Court of Appeal decision has provided a word of warning to those who shy away from the cost of instructing a solicitor and attempt to ‘go it alone’. Often this approach results in solicitors being instructed later on in the proceedings as the matter gets too complicated to manage. The case of Bank […]

In commercial contracts, it is common to have clauses providing that a party will use its “best or reasonable endeavours” to perform an obligation. When agreeing endeavours clauses, businesses need to be vigilant as to the scope of the clause and consider exactly what fulfilment of the clause will entail. A poorly drafted clause can […]

For over 100 years, the law has recognised that companies have a distinct legal personality from their directors and shareholders. This means that the individuals behind a company or a limited liability partnership are shielded from personal liability by a ‘corporate veil’ and will not usually be held liable for the acts or omissions of […]

Credit Rating Agency Equifax were dealt a heavy blow in the High Court when their failure to update the information held in their credit file meant Mr Smeaton was denied a loan. The Court found that Equifax had breached the Claimant’s statutory duty of care under the Data Protection Act and was entitled to be […]

A term in an employment contract which restricts the employee’s activities after termination will be void for being in restraint of trade and against public policy. However, such a term will be enforceable where the employer can show that they have a legitimate interest to protect and that the protection which they are seeking is […]

Under the Trade Marks Act 1994, a trade mark cannot be registered if it does not satisfy certain prescribed requirements, including that it must be a ‘sign’ and be capable of being represented graphically. A trade mark can also not be registered if it is devoid of distinctive character, unless before the date of the […]

The Office of Fair Trading (OFT) recently conducted a pre-Christmas review of 156 retailer websites and found that many of them were not fully complying with the Consumer Protection Distance Selling Regulations and the Electronic Commerce Regulations. These regulations cover “distance selling” and, in particular, the rights of consumers to receive certain minimum information prior […]

Wheel clampers will be outlawed from clamping vehicles on private land following the introduction of new legislation. The Protection of Freedoms Act 2012 (which came into effect on the 1 October) makes it a criminal offence to clamp on private land in England and Wales, but not in Northern Ireland. Clamping and towing away on private […]

Under the Defective Premises Act 1972, a landlord owes a duty of care to anyone who might be affected by defects present in the premises which they let. In a worrying decision for social and private landlords, the High Court has ruled that a landlord can be liable for not carrying out repairs even where […]

The use of Charging Orders as a means of enforcement of a debt has been increasingly popular over recent years as the equity in a debtor’s property is often his most valuable asset. The law in this area has today changed to allow Charging Orders to be obtained even where the debtor has an instalment […]