Finance, insolvency, recoveries and sales 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.

  • 02.06.08 - Civil Procedure Rules

    A new pre-action protocol for general litigation claims is likely to be added to the Civil Procedure Rules (CPR) that govern litigation in the UK.Read what this could mean for motor finance companies.

  • 28.05.08 - No contractual effect

    In ING Lease (UK) Ltd v Harwood a director unsuccessfully attempted to escape liability under a personal guarantee by alleging an agreement had been reached in negotiations that he would not be personally liable.

  • 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.

  • 01.05.08 - It's still my property!

    In Schwarzschild v Harrods Ltd, the court confirmed that for a claim in conversion to arise, there has to be both an unequivocal demand for delivery up and an unequivocal refusal to do so.

  • 28.04.08 - Get the basics right

    The case of County Leasing Ltd and another v East is a reminder of the need to get the simple things right when enforcing hire-purchase and loan agreements, such as calculations of arrears and demands for payment, even the agreements are unregulated.

  • 01.04.08 - Dishonest valuations - lender wins mortgage fraud case

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

  • 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 - Limit to ROT reach

    ROT clauses are often found in agreements for the sale of goods whereby a seller seeks to reserve the ownership of those goods until certain conditions are met, usually payment in full. However, they may not be suitable in every transaction.

  • 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.

  • 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.

  • 01.02.08 - 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.

  • 01.01.08 - 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.

  • 02.10.07 - Who owns what share of the home

    In Stack v Dowden, the House of Lords handed down a judgement setting out the rights of ownership in relation to a marital home following the marriage breakdown. Wragge & Co's experts look at the Court's attitude to the division of property ownership.

  • 01.09.07 - Counting the costs

    Failure by a party to a dispute to reasonably consider alternative dispute resolution procedures (ADR), including mediation, can result in severe cost sanctions being imposed by the court. Wragge & Co provide expert material on this issue.

  • 01.09.07 - Bankruptcy and matrimonial court orders

    In Scottish & Newcastle plc v Lancashire Mortgage Corporation Limited, both companies had registered legal charges over 109 Wellington Street, Grimsby (the Property) which was owned by Mr & Mrs Pexman.

  • 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.