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May’s PLC Column: Broker Commission post-Pengelly and Wood

29 May

In May’s PLC column, Ruth Bala considers how to defend broker secret commission claims following the recent decision in Wood v Commercial First Business Ltd & ors and Business Mortgage Finance 4 plc v Pengelly [2021] EWCA Civ 471. The column may be read here.

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Cameron Crowe appointed to Football Association Disciplinary Commission

17 May

Cameron Crowe has been appointed by Northamptonshire FA as an independent member of their Disciplinary Commission. The Commission determines misconduct charges against clubs and individual players in breach of FA Regulations.

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April’s PLC Column: ‘Potter’ and Limitation

05 May

In April’s PLC column, Sabrina Goodchild considers the recent case of Canada Square Operations Ltd v Potter [2021] EWCA Civ 339 on section 32 Limitation Act 1980 and, specifically, deliberate concealment. The column may be read here.

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CAA v Ryanair: Aircraft Strikes are Not Extraordinary Circumstances

30 April

Following a trial held from 27th to 29th April 2021, the High Court yesterday handed down judgment confirming that industrial action by a carrier’s employees touching on their conditions of employment does not amount to an extraordinary circumstance for the purposes of Article 5(3) of Regulation (EC) 261/2004.  Accordingly, where flights are cancelled as the […]

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Hong Kong Politician cleared of inciting violence

23 April

The SDT has handed down judgment in SRA v Junius Ho. The Tribunal acquitted Junius Ho, a prominent Hong Kong politician, of inciting violence against his political opponents at a public rally in 2017. Robin Kingham was instructed on behalf of Mr Ho. Mr Ho was an elected member of the Legislative Council of Hong […]

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March’s PLC Column: ‘Gertner’ and Tomlin Orders

08 April

In March’s PLC column, Thom Samuels considers the recent case of CFL Finance Ltd v Gertner [2021] EWCA Civ 228 and its implications for Tomlin Orders. The column may be read here.

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Pengelly and Wood: CA Holds No Need for Fiduciary Relationship

31 March

The Court of Appeal has handed down judgment today in the conjoined appeals of Wood v Commercial First Business Ltd & ors and Business Mortgage Finance 4 plc v Pengelly [2021] EWCA Civ 471, in a significant decision on broker secret commission. David Richards LJ gave the lead judgment (with which the others agreed), dismissing […]

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FCA v 24Hr Trading and Implications for Arranging Mortgages

27 March

The High Court has recently handed down judgment in Financial Conduct Authority v 24Hr Trading Academy Ltd [2021] EWHC 648 (Ch). The defendant’s business involved the transmission of trading signals to customers via Whats App and Telegram containing recommendations as to trades in CFDs, spread betting and options in relation to FX and commodity prices. Customers were ‘guaranteed’ […]

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Application for Permission to Appeal in ‘Gertner’

23 March

CFL Finance Ltd, has applied to the Supreme Court for permission to appeal in CFL Finance Ltd v Gertner [2021] EWCA Civ 228, concerning the issue of what is ‘credit’ in the context of an agreement by way of Tomlin Order. The proposed grounds of appeal are: (i) the CA erred as to the correct […]

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CA Judgment in ‘Potter’: PPI and Limitation

11 March

The Court of Appeal handed down judgment this morning in Canada Square Operations Ltd v Potter [2021] EWCA Civ 339. Background On 26 July 2006 Mrs Potter (“C”) had entered into a regulated loan for £16,953.00 (the “Loan”) with Egg Banking plc (which later changed its name to Canada Square Operations Ltd) (“D”). The PPI […]

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