‘The Supreme Court’s ruling against Mastercard will make it easier for group damages claims to proceed to trial, commentators have said. However, the card issuer’s solicitors have stressed the “very unusual circumstances” of the judgment, in which justices were divided on key issues.’
Law Society's Gazette, 11th December 2020
Source: www.lawgazette.co.uk
‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’
Ministry of Justice, 1st December 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
‘At the end of 2021 the London Interbank Offered Rate (LIBOR) will be discontinued. In its place the Financial Conduct Authority is proposing a different rate to become the market standard, the Sterling Overnight Index Average (SONIA). What is the impact of LIBOR’s discontinuance on regulated credit agreements? How might regulated lenders approach a transfer to SONIA? Will the Government legislate to assist with the change?’
Henderson Chambers, 7th October 2020
Source: www.hendersonchambers.co.uk
‘A battle for the control of more than $1.8bn worth of Venezuelan gold stored at the Bank of England has swung in favour of the government of Nicolás Maduro after an appeals court in London overturned an earlier high court ruling concerning whom the UK recognised as Venezuela’s president.’
The Guardian, 5th October 2020
Source: www.theguardian.com
‘On 17 June 2020, the Supreme Court (Lords Reed, Hodge, Lloyd-Jones, Sales and Hamblen) handed down a landmark judgment on whether certain fees which are paid by merchants to banks under the Visa and Mastercard payment card schemes breach competition law. The judgment finally settles years of litigation in the UK courts, and deep divisions in the rulings which had been given in the lower courts and tribunals. It is also the first judgment of the Supreme Court dealing with the Court of Appeal’s powers of remittal.’
Monckton Chambers, July 2020
Source: www.monckton.com
‘The UK’s financial regulator has fined Commerzbank £38m for money-laundering failures, including an “out-of-control” system for checking clients.’
The Guardian, 17th June 2020
Source: www.theguardian.com
‘Lloyds Banking Group has been fined £64m by the City watchdog for failing to treat mortgage customers fairly after they fell into financial difficulty.’
The Guardian, 11th June 2020
Source: www.theguardian.com
‘A court in London has said that it will need to decide which of Venezuela’s duelling political factions to recognise before ruling on president Nicolas Maduro’s request for the Bank of England to hand over gold the country has in its vaults.’
The Guardian, 28th May 2020
Source: www.theguardian.com
‘These appeals concern the treatment for rating purposes of ATMs situated in supermarkets or shops owned and operated by the retailers. The issues raised by the case were whether the sites of the ATMS are to be properly identified as separate hereditaments from the stores and if so who was in rateable occupation of the separate hereditaments. Hereditament is defined in the General Rate Act 1967, s 115 (1) as “property which is or may become liable to a rate, being a unit of such property which is, or would fall to be, shown as a separate item on the valuation list”.’
UKSC Blog, 26th May 2020
Source: ukscblog.com
‘The European Banking Authority’s long-awaited inquiry into dividend arbitrage trading schemes (“Cum-Ex/Cum-Cum”) and 10-point action plan to enhance the future regulatory framework – what are the implications for UK financial institutions and the Financial Conduct Authority?’
5SAH, 13th May 2020
Source: www.5sah.co.uk
‘The standard of proof in dishonesty cases: simple to state, difficult to apply. In Bank St Petersburg PJSC v Arkhangelsky [2020] EWCA Civ 408 the difficulty led the Court of Appeal to reverse an experienced High Court judge’s dismissal of a counterclaim. The matter was remitted after a 46 day trial spread over 6 months in 2016, 22 months waiting for a 388 page judgment and nearly 2 years waiting for the Court of Appeal decision on 18 March 2020. Jack Dillon and Amy Held consider the implications.’
Hardwicke Chambers, 10th May 2020
Source: hardwicke.co.uk
‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’
UKSC Blog, 5th May 2020
Source: ukscblog.com
‘The City watchdog is cracking down on UK banks that have been preying on corporate clients seeking financial help during the Covid-19 crisis.’
The Guardian, 28th April 2020
Source: www.theguardian.com
‘Cryptocurrency: The Future of Money? Bitcoin is just one of many cryptocurrencies (internet currency). It’s not the first but it’s the first that works and the one that’s caught everyone’s attention. As with any currency comes regulation and in light of the rise of Bitcoin in recent years, it’s important to consult a Bitcoin lawyer if seeking advice in cryptocurrency law, regarding Bitcoin law.’
St Paul's Chambers, 24th April 2020
Source: www.stpaulschambers.com
‘As happens at times of crisis, fraud rises and criminals attempt to take advantage of people’s fears. The situation in the current crisis is made even worse by the fact that the police have other major demands on their time and the courts capacity to deal with matters is severely limited.’
Drystone Chambers, April 2020
Source: drystone.com
‘Morrisons, heard recently in the Supreme Court, concerns vicarious liability for a rogue data controller. Together with another Supreme Court case, Barclays Bank, these two cases cover all the key issues.’
Six Pump Court, 8th April 2020
Source: www.6pumpcourt.co.uk
‘Robert Kellar QC and Isabel McArdle of 1 Crown Office Row discuss with Rosalind English the latest Supreme Court rulings rejecting the liability of Barclays Bank for the wrongdoings of an independent contractor, on the one hand, and the liability of Morris’s Supermarket for the breach of data protection laws by one of its employees, on the other. Are enterprises to be shielded from the risks created by persons they commission to perform certain tasks?’
Law Pod UK, 9th April 2020
Source: audioboom.com
‘In the Christian Brothers case Lord Phillips of famously declared that “the law of vicarious liability is on the move”. The recent decision of the Supreme Court in Barclays Bank v. Various Claimants [2020] UKSC 13 has brought that movement to a juddering halt. The question posed by the appeal was a simple one. Is it possible to be vicariously liable for the acts of a self-employed ‘independent contractor’? The answer the Court gave in this case was ‘no’.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
‘In this appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 1968 and about 1984 by the late Dr Gordon Bates. Dr Bates was a self-employed medical practitioner with a portfolio practice. His work included conducting medical assessments and examinations of prospective Barclays employees. Barclays required job applicants to pass a pre-employment medical examination as part of its recruitment and employment procedures.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
‘The High Court of England and Wales does not have jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
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