CA decision on Mechanically Separated Meat

30 May

The Court of Appeal (Civil Division) has handed down judgment in R (on the application of Newby Foods Ltd) v Food Standards Agency [2017] EWCA Civ 400. It was held that ‘desinewed meat’ should be classified as mechanically separated meat (MSM) as interpreted by the CJEU in Newby Foods Ltd v Food Standards Agency ( C-453/13). […]

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R v AB: CA case on Local Authorities’ Power to bring Prosecutions

30 May

The Court of Appeal has handed down judgment in R v AB and others [2017] EWCA Crim 534 ( attached). This case concerns local authorities’ power to bring prosecutions under section 222 of the Local Government Act 1972 where it is expedient to do so in the interests of the inhabitants of their area. A […]

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Payday Lending Regulation

26 May

As of 26 May 2017, online payday lenders must have the details of their payday loans published on an FCA-authorised payday loan price comparison website (“PCW”). Payday lenders must also prominently display on their own website a hyperlink to at least one PCW on which their payday loans appear. These requirements are set down in the […]

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High Court Case on Privilege

18 May

In Director of the Serious Fraud Office v Eurasian Natural Resources Corp Limited [2014] EWHC 1017 (QB) the Serious Fraud Office applied for a declaration that certain categories of documents generated by solicitors and forensic accountants during an internal investigation into the activities of the Defendant were not subject to legal professional privilege. Mr Justice Andrews […]

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‘Ashfaq’: CA decision on ‘Consumer’

17 May

The Court of Appeal has handed down judgment in Ashfaq v International Insurance Company of Hannover plc [2017] EWCA Civ 357. Mr Ashfaq owned a residential property which he let out to students. The property was damaged by fire and a dispute arose as to the enforceability of certain clauses in an insurance policy covering the property. […]

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Sentencing in counterfeit DVD operation

17 May

Yesterday three men were sentenced to a total of 10 years 7 months in custody for running an operation selling counterfeit DVDs. Alison Lambert was prosecuting counsel on behalf of Suffolk Trading Standards. The defendants had operated the business over a two and a half year period, selling over 31,000 DVDs worth more than £500,000. […]

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High Court case on agreement documentation and default notices

15 May

In Blackshaw v MFS Portfolio Ltd [2016] EWHC 3708 (Ch) the High Court considered whether permission to appeal should be allowed against a refusal to annul a bankruptcy order on two principal grounds: The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in […]

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High Court case on the “intermediate duty”

11 May

In Thomas v Triodos Bank NV [2017] EWHC 314 (QB) the High Court has again considered the extent of a bank’s duty to its customers. The Claimants, who had become customers of the Defendant in 2006, moved their borrowing from variable rate products to fixed rate products in June 2008. The rates were fixed for ten […]

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James Clibbon

03 May

Chambers expresses its deepest sympathy to the family, friends and colleagues of James Clibbon who died unexpectedly on 24 April. James was a much liked pupil in Chambers in the 1990s and went on to have a successful career as a solicitor, latterly as a partner at Holman Fenwick and Willan. An obituary for James […]

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Advocate General’s Opinion on loans in a foreign currency

02 May

On 27 April 2017, Advocate General Wahl delivered his opinion in the case of Ruxandra Paula Andriciuc and Others v Banca Românească SA (C-186/16). In proceedings regarding the fairness of “foreign exchange risk” terms between a lender and various borrowers, the Court of Appeal of Oradea, Romania referred the following questions to the Court: Must […]

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