Sale and leaseback schemes
The court was asked here to determine preliminary issues in 9 test cases concerning the controversial sale and lease back schemes. These schemes enabled the occupiers of property to sell their property...
View ArticleThe Directive on credit agreements relating to residential property
The European Commission has published proposal for a directive on credit agreements relating to residential property. Please see link....
View ArticleCan you serve proceedings out of the jurisdiction by alternative means?
The Claimant applied for permission to serve the Claim Form out of the jurisdiction by alternative means. The First Defendant operates the website www.wordpress.com, the Second Defendant runs the...
View ArticlePart 36 – certainty at last
There has been some uncertainty surrounding Part 36 of the Civil Procedure Rules, but there have been two recent developments, which should ease any ambiguity. The first development is the recent Court...
View ArticleCharging orders and competing creditors
This case considered whether to decline to make an interim charging order final if the effect would be to give one creditor priority in enforcing its judgment against other defendants. Unusually there...
View ArticleThe perils of Part 36
This is yet a further case on Part 36 and the perils of not complying strictly with its provisions. On 6 April 2007, Part 36 was completely rewritten. In this case when the claimant put forward their...
View ArticleCourt of Appeal compulsory mediation scheme
A new pilot scheme managed by CEDR (Centre for Dispute Resolution) for certain Court of Appeal cases has been launched. The pilot applies to all personal injury and contract claims up to the value of...
View ArticleShould an application for permission to appeal be heard separately from an...
When a party wishes to appeal a decision, it will usually need permission to appeal before the appeal court can hear the appeal in accordance with the Civil Procedure Rules (“CPR”) Part 52.3. Despite...
View ArticleConsumer Credit Changes
From 1 April 2014 the Financial Conduct Authority (“FCA”) has taken over responsibility for the regulation of consumer credit in place of the Office of Fair Trading (“OFT”). The Consumer Credit Source...
View ArticleReversal of unjust enrichment where a lender does not advance funds but...
Can a lender be subrogated to reverse the effect of unjust enrichment where the lender did not advance funds, but released security instead? Previously there had been no authority on this question, but...
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