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Author Archive: Lauren Baber

FCA Find That BrightHouse Have Not Acted as a Reasonable Lender

Posted by on November 20th 2017 in Blog Posts

BrightHouse enable customers to purchase household items and pay for them on a weekly basis.   Many customers were charged a high interest rate and an example has been given of a £358 washing machine ended up costing over £1,000.

The Financial Conduct Authority has ordered BrightHouse to credit over 249,000 customers at a cost of 14.8m due to its findings that BrightHouse had not been a responsible lender.

The Financial Conduct Authority found that BrightHouse had failed to assess 81,000 customers on whether they had the ability to repay their loan. As a result many...

Filing of 'Electronic Bill of Costs' to be Delayed

Posted by on October 24th 2017 in Blog Posts

It was previously thought that the introduction of the New Electronic Bill of Costs would come in October 2017 requiring parties to file an electronic bill of costs in both the Senior Courts Costs Office and the County Courts. However, the Civil Procedure Rules Committee has delayed the introduction of the bill until April 2018 due to the need to ensure that the County Courts IT infrastructure can handle the electronic filing of costs.

The change is to encourage efficient production of bills and Lord Justice Jackson has made the recommendation that firms review their time recording systems so that...

County Court Work Increasing

Posted by on October 10th 2017 in Blog Posts

Figures from the Ministry of Justice reveal that there has been an increase in all work at the County Courts between January to March 2017.

The rise has been down to an increase of personal injury cases which were up by 10% and a rise of specified money claims which were up by 22%.  In the first quarter of 2017 over half a million claims were lodged at the County Courts, making it the highest figure since 2009!

The Ministry of Justice findings in the quarterly statistical update showed that where matters were defended, 56% had legal representation for both claimant and...

No Duty To Point Out Other Sides Mistake

Posted by on October 4th 2017 in Blog Posts

No Duty To Point Out Other Sides Mistake

In Higgins & Ors v ERC Accountants & Business Advisers Ltd the Claimant had failed to validly serve a claim form with their claim. 

The Claimant’s solicitors argued that the defendants were taking advantage of the mistake that had been made.

Judge Pelling QC held that the mistake of not serving the claim form was not a trivial and described it as the most basic step in ligation.  Judge Pelling rejected the argument that the defendant solicitors should have pointed out the mistake and were under no duty to correct the error.  In his view, had they pointed out the error they...

The Launch of the New Business and Property Court of England & Wales

Posted by on September 29th 2017 in Employment

The Launch of the New Business and Property Court of England & Wales

The Business and Property Courts of England & Wales will be launched on 02 October 2017. The new court will comprise the following:

  • Commercial Court
  • Technology and Construction Court
  • Courts of the Chancery Division
  • Insolvency and Companies Court
  • Admiralty Court
  • Business list
  • Financial list
  • Competition list
  • Intellectual Property List
  • Property Trust and Probate List; and
  • Revenue List.

In addition to London there will be 5 main regional centres comprising of Manchester, Birmingham, Bristol, Leeds and Cardiff. Users will be asked to identify which centre they wish to issue proceedings in.   This will enhance the connection between London and the regions with the mantra that...

What Can You Do If Your Flight Is Cancelled By Ryanair?

Posted by on September 28th 2017 in Blog Posts

What Can You Do If Your Flight Is Cancelled By Ryanair?

Ryanair has recently announced that hundreds of flights are being cancelled between mid-September and October leaving as many as 400,000 passengers without flights, due to issue with the lack of planning of pilot holidays.

What can you do if your flight is cancelled?

You can apply for a refund

You are able to apply for a refund if your journey is disrupted by a cancellation even if it is only the outbound trip that is affected.

You can choose an alternative flight

Ryanair has stated that that in most cases it will offer an alternative flight either earlier or late than...

Residential Landlords - What You Should Check Before You Let

Posted by on July 5th 2017 in Blog Posts, Property

Residential Landlords - What You Should Check Before You Let

 

Due to the introduction of the Immigration Acts 2014 and 2016, statutory provisions have been introduced requiring residential landlords to check the immigration status of prospective tenants before letting out their property for use as their only or main home. If the immigration status is not checked, the landlord could face a fine of up to £3,000 or a prison term of up to 5 years.

What are the requirements?

  • Immigration status of the tenant and all adult occupiers of the property need to be checked to ensure that their status allows them to be in...

The Rise of Property Fraud - How Can Home Owners Protect Themselves?

Posted by on July 5th 2017 in Blog Posts, Commercial Property , Property

The Rise of Property Fraud - How Can Home Owners Protect Themselves?

During the last few years, the real estate sector has seen a rise in property fraud.  Property is usually the most valuable asset people own and it is a clear target for fraudsters who could attempt to sell or mortgage a home.  The rise of fraud has mostly been down to identity theft with devastating effects.

You are more at risk if:

  • You rent out your property
  • You live overseas
  • Your property is left empty for long periods
  • Your property isn’t mortgaged
  • Your property is not registered

In order to protect your property from being fraudulently sold or mortgaged, the following steps should be taken, even if...

The March of the Pop Up

Posted by on June 21st 2017 in Blog Posts, Commercial Property

The March of the Pop Up

We have witnessed an unprecedented change to the high street scene. The recession saw off Woolworths, MFI, Austin Reed, BHS to name a few of the old stalwarts.  Changes in technology and habits have seen to the loss of Blockbuster, HMV and smaller independent operators, to produce a homogenous and boringly predictable retail offering up and down the high street. 

In their wake we have witnessed a proliferation of charity shops, surviving by minimising base cost, enjoying tax breaks and stripped down staffing costs.  The over supply (or rather poor demand for high street retail positions) has also seen the emergence...

Public Policy and the Modification of Restrictive Covenants

Posted by on May 23rd 2017 in Blog Posts

Public Policy and the Modification of Restrictive Covenants

Background

The developer, Millgate Developments Limited ( Millgate), built social housing on land which was subject to a restrictive covenant. The restrictive covenant prohibited building on land which backed onto a children’s hospice. Whilst Millgate were aware of the restrictive covenant they built nine houses and four bungalows on the land regardless. There was no evidence that Millgate had attempted to identify or contact those with the ability to enforce the covenants.

Once the development had been completed Millgate applied to the tribunal to ask the tribunal to exercise its discretion and modify a restrictive covenant so that it was no...

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