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Author Archive: Rebecca Tilke

The Grey Area Explained; Banks and the Intermediate Duty

Posted by on September 7th 2017 in Blog Posts, Litigation

The Grey Area Explained; Banks and the Intermediate Duty

The case of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 (‘Hedley Byrne’) sets out the primary duty on financial institutions to take reasonable care not to misstate any facts on which the customer might be expected to rely. However recent case law suggests that banks have a greater duty than just a duty to take reasonable steps not to mislead.

In Crestsign Ltd v National Westminster Bank [2014] EWHC 3043 (Ch) (‘Crestsign’), the Judge, Timothy Kerr QC, accepted that when giving information about the financial product, the bank owed a duty to fully explain and...

New Debt Recovery Protocol; what businesses need to be aware of...

Posted by on August 31st 2017 in Blog Posts, Debt Recovery, Insolvency

New Debt Recovery Protocol; what businesses need to be aware of...

On 1 October 2017, there will be a new Pre-Action Protocol to follow for debt claims involving businesses pursuing individuals. To be clear the new Protocol does not apply to business to business debts unless the debtor is a sole trader.

The most important change companies should be aware of is to the Letter Before Action which needs be sent by post to the debtor before proceedings are issued.

The new Protocol sets out various details that need to be included in the letter, specifically;

  • The amount of the debt and whether interest or other charges are continuing to accrue;
  • Details of how...

Ping fined £1.45m; warning to companies that preventing its products from being sold online could be illegal

Posted by on August 29th 2017 in Blog Posts

Ping fined £1.45m; warning to companies that preventing its products from being sold online could be illegal

Companies should take appropriate measures to ensure their internet policies do not breach competition law, or be aware that they run the risk of having a financial penalty being imposed by the Competition and Markets Authority (‘CMA’).

Ping have been fined £1.45 million by the Competition and Markets Authority for breaching competition law with regards to their internet policy.

Ping were preventing two UK retailers from selling its golf clubs on their websites in an effort to promote in-store custom fitting. Ping acknowledged this in their statement last week by saying; "Our Internet Policy is an important procompetitive aspect of our long–standing...

General Data Protection Act Regulation; Greater Protection for Individuals

Posted by on August 27th 2017 in Blog Posts

General Data Protection Act Regulation; Greater Protection for Individuals

With cyber attacks and security breaches prominent in our minds following a series of attacks over the course of the last few months, most noteworthy of course being the attack against the NHS involving masses of personal data being held to ransom. As a result, perhaps now more than ever we are considering who holds data about us, and exactly what data they hold.

At present, Data Protection is governed by the Data Protection Act 1998 (‘DPA’) but this is due to be replaced by the General Data Protection Regulation (‘GDPR’) which comes into force on 25 May 2018. This new...

Thakkar Reminder to Mediate

Posted by on July 13th 2017 in Blog Posts

Thakkar –v- Patel [2017] EWCA Civ 117; a reminder of the cost consequences where there is a failure to mediate

It is known that the courts have a wide discretion on what costs orders to make during proceedings and after trial. Ordinarily, the successful party will recover its costs, however as the recent case of Thakkar –v- Patel [2017] EWCA Civ 117 (‘Thakkar’) reiterates, the importance of Alternative Dispute Resolution (‘ADR’) should not be underestimated as in certain circumstances even an unjustified delay to engage in ADR can result in successful parties having a cost order made against them!

In 2013,...

My Month Working in London

Posted by on May 15th 2017 in Blog Posts

In October 2016, after working in the Commercial Disputes department at Kitsons for just shy of six months, I was given the opportunity to complete a month long secondment for one of the firm’s London based clients, working in their in-house legal team.

I have always been drawn to the hustle and bustle of the “big city”, and as a student I certainly pictured myself completing a stint in London at some point during my working life. I therefore jumped at the chance to finally experience the London lifestyle for myself. 

While most secondments cover a general...

General Election - What is Purdah? Will it Affect You?

Posted by on April 28th 2017 in Blog Posts

General Election - What is Purdah? Will it Affect You?

Theresa May’s announcement last week to call a general election was of significant surprise to many given the previous assurances and declarations made by the Prime Minister. Whilst a significant back-peddle from her previously entrenched position where she has maintained that an election would not occur before 2020, the question now arises as to what effect such an announcement will have.

During any election, the pre-election period known as ‘purdah’ comes into force. This is a period in which specific restrictions are placed on the decision making powers of public bodies and government departments in order to prevent these bodies and...

Seven Bedford Row to go Paper-Less: Is this the End of Paper-Cuts and Filing Cabinets?

Posted by on April 19th 2017 in Blog Posts

Seven Bedford Row to go Paper-Less: Is this the End of Paper-Cuts and Filing Cabinets?

‘We’re Going Paperless’ is a phrase that can be heard reverberating around the conference rooms and corridors of businesses up and down the country, and none more so than in the legal industry. With the introduction of a new online court system on the horizon, and the opportunity to provide a quicker, more cost effective service for clients, more and more firms are making the effort to go “paper-less”.

To remain competitive, Barrister Chambers are now feeling the pressure to adapt their own practices to embrace the changes seen in the way others are operating around them. It is therefore not...

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