Banking update: report and review on recent cases and issues

The meaning of charge for credit, enforcing charging orders, abuse of process considerations, tracing claims and the Financial Service Authority's responsible lending consultation; Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Court of Appeal brings some clarity to part 36

Part 36 offers are one of the most important tactical steps which parties (claimant or defendant) can take during a dispute. They provide a means of putting pressure on an opponent to settle a case or face potential costs and interest consequences.

Banking update: report and review on recent cases and issues

Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Local authority litigation update

With cuts to public spending high on the current political agenda, the focus on litigation issues for local authority in-house lawyers increases too.

Banking update: report and review on recent cases and issues

What constitutes actual occupation, no claim against Court Services for failure to register bankruptcy petition, getting the name of the parties correct and clear reasoning required for court's decision.

Common sense interpretation of Part 36 offers

In any litigation, considering offers of settlement is crucial. If you make an offer under part 36 of the Civil Procedure Rules and your opponent does not accept it but then fails to obtain a more (or equally) advantageous outcome at trial, you are likely to be awarded your costs.

Banking update: report and review on recent cases and issues

An order for sale and Convention considerations, undue influence, implied withdrawal of a Part 36 offer and reasonableness of after the event insurance premiums.

Banking update: report and review on recent cases and issues

A defendant making a "claimant" part 36 offer, considerations of an unfair relationship, payment starts time running again and good reason required for failure to attend trial.

The innocent purchaser v the innocent finance company: who gets better title?

Nemo dat quod non habet or, as they say in English, no one can pass better title to goods than they possess. But there are exceptions to this principle of English law.

Banking update: report and review on recent cases and issues

Obtaining information despite stay of enforcement, the need to act in good faith, recoverability of costs in small claims, penalty for destroying documents and a consultation on orders for sale for Consumer Credit Act debts.

Reporting under POCA - the need for a human process and clear audit trail

The decision of the Court of Appeal in Shah & another v HSBC Private Bank (UK) Ltd will give lenders some cause for concern.

Banking update: report and review on recent cases and issues

A review of civil litigation costs, the need to make enquiries of occupiers, restitution, bankruptcy over security and a consultation on mortgagee's power of sale.

Lord Justice Jackson publishes final report on civil litigation costs

Lord Justice Jackson's Civil Litigation Costs Review makes a number of important recommendations which, if implemented, could result in significant changes to civil procedure.

Court hands down judgment on key issues under the Consumer Credit Act 1974: Carey v HSBC

The case dealt with two matters concerning requests for copies of credit card agreements pursuant to section 78 of the Consumer Credit Act 1974 (Act) and the consequences of non-compliance with that provision.

Supreme Court hands down judgment in bank charges test case

The Supreme Court has handed down judgment in the highly publicised test case brought by the Office of Fair (OFT) against seven leading high street banks and one building society on the legality and fairness of bank charges.

Banking update: report and review on recent cases and issues

Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Court of Appeal delivers judgment on meaning of credit: Southern Pacific Personal Loans Limited v Walker & another

The Court of Appeal in Southern Pacific Personal Loans Ltd v Walker & another has handed down a further judgment on whether an agreement is unenforceable on the ground of non-compliance with a requirement of the consumer credit legislation.

A guide to health, safety and other prosecution risks - part 9. Driving in the course of employment - are you in the driving seat?

Approximately 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving or otherwise using the road for work purposes.

Court of Appeal delivers judgment on meaning of multiple agreements under the Consumer Credit Act 1974

In our alert Meaning of multiple agreements under the Consumer Credit Act 1974, we reported on the High Court decision of HHJ Purle QC in Heath -v- Southern Pacific Mortgage Limited. The Court of Appeal has now handed down its judgment in the case.

Banking update: report and review on recent cases and issue

Unfair relationships due to secret commission, costs penalties for failing to disclose relevant documents, claiming damages from the Court Service and contempt of court, the latest on the cases and issues affecting the lending industry.

Does non-compliance with section 77(1) extinguish a creditor's rights?: Phillip McGuffick -v- The Royal Bank of Scotland Plc

In Phillip McGuffick v The Royal Bank of Scotland Plc the Commercial Court held that non-compliance with section 77(1) of the Consumer Credit Act 1974 (Act) did not extinguish a creditor's rights.

Banking update: report and review on recent cases and issues

Charging order versus bankruptcy, enforcement of undertakings, valid guarantees and issues over service of proceedings, Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Banking update: report and review on recent cases and issues

The meaning of "realisation" under the Insolvency Act, warranty of identity of client, costly late withdrawal from mediation and the underlying requirement for the "without prejudice" rule to apply.

Banking update: report and review on recent cases and issues

Guarantees and variations, unjust statutory demand and civil restraint orders, Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Litigation survival guide - part 18. Putting payment terms under the microscope

With no end in sight to the economic downturn, payment terms are increasingly important to many businesses. Contractual terms agreed in the past regarding payment may now appear somewhat outdated.

Banking update: report and review on recent cases and issues

Valid debentures despite forged signature and invalid board resolutions, costs entitlement following an acceptance of a Part 36 offer and the pre-action protocol seven months on.

Litigation survival guide - part 17. Keeping your settlement confidential

You've reached a compromise, avoided the public arena of a trial and the potentially unwanted publicity that can go with it, and are happy with the terms of settlement negotiated.

Litigation survival guide - part 16. That's settled then!

Ensuring that a settlement agreement achieves its purpose is crucial.

Litigation survival guide - part 15. Securing the costs of your litigation

Litigation can be costly. Having to defend an unmeritorious claim made by a financially unstable company is the worst case scenario for any defendant and, in a period of economic downturn, the risk of this happening is increased.

Litigation survival guide - part 14. Mediation - do you have to and why should you?

Parties should always be alert to the possibility of mediation as an alternative form of dispute resolution. This is particularly so in the current economic climate as mediation can resolve a dispute in a short time frame.

Banking update: report and review on recent cases and issues

Unenforceable terms in existing consumer contracts, guarantee or indemnity, stay upheld in bank charges case and assignment of judgment debts.

Litigation survival guide - part 13. Offers to settle under Part 36

In any litigation, but possibly more so in times of economic downturn, considering offers of settlement is crucial. If an offer is accepted you will save on legal and management costs.

Litigation survival guide - part 12. Meeting your disclosure obligations

Disclosure is an integral and essential part of the litigation process.

Litigation survival guide - part 11. Time is (recoverable) money. Recovering wasted staff and management time

When a dispute arises which subsequently leads to litigation, the internal costs of investigating and dealing with the problem can be significant.

Debt Relief Orders - the latest tool in the debt relief toolbox

For debtors with limited liabilities, little surplus income and minimal gross assets, the new Debt Relief Order (DRO) is a further tool to consider in managing their debts.

Litigation survival guide - part 10. To use or not to use? That is the without prejudice question

If I stick without prejudice on this email, I can't go wrong. Wrong!

Litigation survival guide - part 9. Privilege - top five Q&As

Privilege is a complex area which can be the source of much confusion. The rules on privilege play a key role in the obligation to disclose documents which is an important stage in any litigated dispute.

Banking update: report and review on recent cases and issues

Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

Litigation survival guide - part 8. Cost-effective litigation

Although litigation should always be conducted in a cost-effective manner, in periods of economic downturn this becomes increasingly more important.

Litigation survival guide - part 7. Think before you claim

You might have a good claim, but jumping in with a strongly worded letter threatening court proceedings if settlement is not achieved by return of post is not necessarily the best way of achieving your desired outcome.

Litigation survival guide - part 5. Responding to the threat of winding-up

Although service of a statutory demand or winding-up petition on a company is a blunt and unsophisticated debt recovery tool, it will often have the desired effect for a creditor as they are seldom ignored and ignored only at the company's peril.

Banking update: report and review on recent cases and issues

Charging orders and intervening bankruptcy, enforcement of undertakings, disclosure under the Proceeds of Crime Act, Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

Litigation survival guide - part 4. Winding-up your corporate debtor

The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else.

Meaning of multiple agreements under the Consumer Credit Act 1974

A debtor might argue that a loan entered into pre 6 April 2007 in excess of £25,000 can still be subjected to a challenge under the provisions of the Consumer Credit Act 1974 on the basis that it falls to be considered as a multiple agreement.

Banking update: report and review on recent cases and issues

Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

Banking update: report and review on recent cases and issues

Unfair Terms in Consumer Contracts Regulations; no time limit on enforcing charging orders; enforcement of an unless order; and the new mortgage arrears pre-action protocol.

Property finance update

Three High Court decisions have provided commentary in this property finance update.

Escaping the abyss: How the court decides costs and the importance of making and accepting reasonable offers of settlement

A recent judgment has clarified that "winner takes all" no longer applies to recovery of costs in litigation. The formula to be used by trial judges in deciding the most appropriate costs order is now much more complicated.

Banking Update: report and review on recent cases

Expedited trials, failure to register at HPI and a claim for conversion, possession and the Convention for the Protection of Human Rights, confidentiality of Tomlin orders and a "u-turn" on the proposed general pre action protocol;

The Wragge & Co balloon debate

And who says dispute resolution can't be fun? Watch the video to find out who was top dog!

Banking Update: report and review on cases

Creditors appointing their preferred administrators; the new rules on service of proceedings; some tell tale signs of mortgage fraud; and submitting a claim form out of time in a Company Voluntary Arrangement.

Banking update: report and review on cases

The obligation to value the correct property, the need for certainty when agreeing security for loans, immunity from enforcement actions and taking a party's disabilities into account;

The lender's duty to obtain a proper price on a sale

In the current economic climate, it is not surprising that an increasing number of lenders are enforcing their security by exercising their power of sale either directly or by appointing a receiver.

Financial Ombudsman Service not bound by common law

In determining a complaint under the Financial Services and Markets Act 2000, the financial ombudsman's opinion as to what is fair and reasonable in all the circumstances of the case carries more weight than the common law.

Banking Update: report and review on recent cases

Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

Banking update: report and review on recent cases

Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Winning and losing under Part 36

"Beating" a Part 36 offer will not necessarily lead to a costs order in your favour as seen in Carver v BAA. Read our analysis of this potentially far reaching decision and consider our action points when reviewing all Part 36 offers.

High Court ruling on bank charges

The High Court has handed down judgment in the first stage of the OFT's challenge to the legality and fairness of bank charges. For all you need to know on the judgment, read Wragge & Co's expert analysis.

Banking update: report and review on recent cases

The proposed new general pre-action protocol, traceability of payments, receivers and foreign debts, unfair relationships and the Consumer Credit Act and the Uniform Rules for Collection; Wragge & Co's Banking & Finance experts bring you the latest news.

Banking Update: report and review on recent cases

Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

Banking update

Banking update: report and review on recent cases

Seller beware!

The Court of Appeal has held that there's no inconsistency between a simple retention of title clause and an implied, or even express, right of a buyer to sell on the goods before paying the seller.

Claiming compound interest

Banking Bulletin

Recovering the cost of mediation

Banking Bulletin - July

VFS Financial Services (UK) Limited v Euro Auctions & Others Limited [2007] EWHC 1492

Volkswagen Financial Services (UK) Limited v George Ramage

Asset finance case update and news

Banking Bulletin