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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 (“A”) 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 […]

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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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FCA publishes final guidance on mortgage payment shortfalls and automatic capitalisation

28 April

The FCA has published its finalised guidance “the fair treatment of mortgage customers in payment shortfalls: impact of automatic capitalisations” (FG17/4). The finalised guidance follows a consultation launched ion October 2016 (GC16/6). The FCA has found that a number of firms are automatically capitalising payment shortfalls despite the requirement in MCOB not to do so […]

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36 Group Tenants Join Gough Square

25 April

Gough Square Chambers is delighted to announce the arrival of four new tenants and two door tenants from the 36 Group’s consumer law team. Cameron Crowe, Alison Lambert, Richard Roberts and Michael Coley have joined as full tenants and significantly strengthen Gough Square’s consumer and regulatory specialism. Jonathan Kirk QC, who was formerly a silk at […]

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April’s PLC Column: Loans secured on land

25 April

In April’s Practical Law regulated lending column, Thomas Samuels considers whether loans secured by way of charge on land will fall within either the FCA’s consumer credit regime or its mortgage regime. The column can be read here.

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