Published articles

  • 21.07.08 - Conversion for wrongful retention

    A recent case has restated the basic principles of a claim in conversion fir wrongful retention of goods.

  • 11.07.08 - PFI: Opportunity still knocks

    The risks for contractors and subcontractors in PFI are not to be underestimated. The trick is to understand what these risks are, and to be bold about pricing for them.

  • 16.06.08 - Ignorance is bliss: but it's no defence

    With the OFT breathing down our necks, it would be wise not to get caught out on competition rules because you didn't know they existed.

  • 16.05.08 - So, what's the damage?

    Construction companies accused by the OFT will be wondering how bad things are going to be for them. Here's the answer.

  • 01.05.08 - Consumer or business contract?

    Clarification from the Court of Appeal in Evans v Cherry Tree Finance Ltd & Anor, concerning consumer and business contracts.

  • 01.04.08 - Dishonest valuations - lender wins mortgage fraud case

    A look at a case showing an increasingly robust judicial attitude benefiting lenders.

  • 01.04.08 - Holding the ring

    Ian Yule discusses the legal issues regarding the project manager's duty to act fairly and impartially.

  • 01.03.08 - Bear in mind the 12 year rule

    Usually, a mortgagee has 12 years from the date on which the right of action accrued to take action under its security; and after the expiry of that period, will be 'time barred' under the Limitation Act 1980 from taking steps to enforce its security.

  • 01.03.08 - Fraudulent misrepresentation

    Renault UK Ltd v Fleetpro Technical Services Ltd & Anor is an interesting case. It confirms that fraudulent misrepresentations can be made to a machine such that, if loss is suffered as a result, a claim in damages can be brought.

  • 22.02.08 - That's all folks

    If a home is built defectively, but the owners can still live in it, what compensation can they claim from the house builder for their loss of enjoyment?

  • 01.02.08 - Damages for fraudulent misrepresentation as to ability to supply cars

    The case of Parallel Imports (Europe) Ltd  (T/A Baglan Car Centre) v Radivan & Anor is a reminder to dealers that care needs to be exercised where there is a history of trading with a supplier.

  • 01.02.08 - Title disputes

    Fairfax Gerrard Holdings Ltd and others v Capital Bank Plc (now Bank of Scotland Plc by substitution) is a reminder that retention of title clauses are a clumsy and unreliable method of taking security over an asset, including over motor vehicles.

  • 01.02.08 - Surrendering life policies to aid mortgage arrears can still lead to posession

    Wragge & Co's experts look at Mr & Mrs Banfield v Leeds Building Society, which saw an unhappy Christmas for the Banfields. This was due to the dismissal of their appeal by the Court of Appeal in relation to a Possession Order granted in LBS' favour.

  • 01.01.08 - Court of Appeal decides on bankruptcy and marital breakdown

    The New Year sees an important decision in relation to two of the competing modern day realities: financial difficulties and marital breakdown. 

  • 01.12.07 - Promotional literature and directors' warranties

    Wragge & Co takes a look at the legal implications of statements made in a company's promotional literature used to attract customers.

  • 01.11.07 - Bankruptcy and its impact on property ownership

    Fiona Hayles, associate at Wragge & CO LLP Solicitors, discusses two very different cases illustrating the varied impact of bankruptcy in the property arena.

  • 01.08.07 - VFS Financial Services (UK) Limited v Euro Auctions & Others Limited

    This article analyses a case about the correct measure of damages payable to a finance company whose goods have been unlawfully converted by a third party.

  • 01.05.07 - Legal Business arbitration report, May 2007

    Arbitration disputes are increasingly ending up in court, raising questions as to whether this  pays proper regard to the wishes of the parties and the message the courts ought to give when faced with invitations to adjudicate arbitration issues.