Patel v Mirza [2014] EWCA Civ 1047 ; [2014] WLR (D) 337
‘The claimant who had paid money to the defendant under an agreement to carry out an illegal scheme was not prevented from recovering the money by considerations of public policy if the scheme had not been implemented even if the claimant pleaded and relied on the illegality to recover the money.’
WLR Daily, 29th July 2014
Source: www.iclr.co.uk
‘In recent days, two pieces of news related to the most controversial elements of the Remuneration Code have emerged: clawback, and the bonus cap. The Remuneration Code applies to the variable remuneration (i.e. bonus) of certain employees of banks, building societies, investment firms, and some overseas firms of a similar nature.’
Employment Law Blog, 28th July 2014
Source: www.employment11kbw.com
‘Britain’s big four high street banks could be forced to break themselves up after the competition watchdog signalled its intention to launch a sweeping investigation into the £10bn-a-year sector.’
The Guardian, 18th July 2014
Source: www.guardian.co.uk
‘In Bank of Scotland v Joseph [2014] EWCA Civ 28, 1 P & Cr 18, the Court of Appeal was faced with an issue of priority in relation to a unilateral notice. It arose out of a rather curious set of facts.’
Hardwicke Chambers, 4th June 2014
Source: www.hardwicke.co.uk
‘Article 3(1) and (3) of Parliament and Council Directive 2008/95/EC of 22 October 2008 to approximate the laws of the member states relating to trade marks precluded an interpretation of national law according to which, in the context of proceedings raising the question whether a contourless colour mark had acquired a distinctive character through use, it was necessary in every case that a consumer survey indicated a degree of recognition of at least 70%.’
WLR Daily, 19th June 2014
Source: www.iclr.co.uk
‘Professionals in all walks of life are frequently asked to give references in respect of people or organisations. A negligently given reference may cause the recipient who relies on it or the person the subject of it to suffer pure economic loss in respect of which they will want to recover damages. In Durkin v DSG Retail Limited [2014] 1 W.L.R. 1148, the Supreme Court has, in a couple of short paragraphs, given a timely reminder of the pitfalls than may await anyone, in particular banks and other lenders, who gives a negligent reference.’
Hardwicke Chambers, 21st May 2014
Source: www.hardwicke.co.uk
‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
Co-operative and Community Benefit Societies Act 2014 published
Source: www.legislation.gov.uk
‘Lois Rogers, solicitor at Vardags, and Lily Mottahedan, barrister at 1 Hare Court, examine the court’s treatment of bonuses in financial remedy claims in light of the recent decision of Mrs Justice Eleanor King in H v W [2014] EWHC 4105 (Fam) and pre-existing case law.’
Family Law Week, 17th April 2014
Source: www.familylawweek.co.uk
Greenclose Ltd v National Westminster Bank plc: [2014] EWHC 1156 (Ch); [2014] WLR (D) 173
‘The terms of section 12(a) of the International Swaps and Derivatives Association (“ISDA”) Master Agreement (Multi Currency-Cross Border Form) (1992 ed) were mandatory and any notice purportedly served pursuant to those provisions had to have been given by the means therein prescribed, and by reference to and in accordance with the contact information provided in part 4 of the schedule to the agreement, subject to any amendment properly notified pursuant to section 12(b). If the schedule did not provide certain information necessary for service by a prescribed method, the contract was to be construed as limiting the prescribed methods to those expressly permitted by the schedule unless and until the missing information was notified under section 12(b) or the contract was formally amended.’
WLR Daily, 14th April 2014
Source: www.iclr.co.uk
‘Section 61 of the Trustee Act 1925 gives the court power to relieve from liability a trustee who has committed a breach of trust, if he: (i) acted honestly and reasonably; and (ii) ought fairly to be excused for the breach.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
Durkin v DSG Retail Ltd and another [2014] UKSC 21; [2014] WLR (D) 144
A restricted-use credit agreement under section 12(b) of the Consumer Credit Act 1974 which related to a specified supply transaction was conditional upon the substantive survival of that supply transaction, so that a purchaser who rescinded the supply agreement for breach of contract could also rescind the credit agreement.
WLR Daily, 26th March 2014
Source: www.iclr.co.uk
‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’
The Independent, 26th March 2014
Source: www.independent.co.uk
‘The action group that brought a premature application for budgeting in the RBS rights issue litigation will only pay half of the costs of the hearing at this stage, because “the basic proposition that a budgeting exercise would be appropriate may yet be vindicated”.’
Litigation Futures, 18th March 2014
Source: www.litigationfutures.com
‘Determination of issues raised in the administration of three companies as to the potential liability of two members in the group for the liabilities of the principal trading company, an unlimited company, and in particular its subordinated liabilities, and the relationship between their liability, if any, as members and their claims as creditors.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
‘The head of the Serious Fraud Office (SFO), which investigates and prosecutes serious and organised crime in England and Wales, has defended the agency’s record against UK banks and senior bankers in the aftermath of the financial crisis.’
OUT-LAW.com, 6th October 2014
Source: www.out-law.com
‘Why have no senior bankers been prosecuted for their role in the financial crisis? And should companies be able to avoid criminal prosecution by making a deal with a judge about how they work in future? The man who runs the Serious Fraud Office will be in the Law In Action studio to answer those questions and more as the programme returns for a new series.’
BBC Law in Action, 4th March 2014
Source: www.bbc.co.uk
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