BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) – Supreme Court

Posted May 10th, 2013 in company law, debts, insolvency, law reports, Supreme Court, winding up by sally

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) [2013] UKSC 28 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

VFS Financial Services Ltd v JF Plant Tyres Ltd – WLR Daily

Posted March 8th, 2013 in consumer credit, debts, law reports by tracey

VFS Financial Services Ltd v JF Plant Tyres Ltd: [2013] EWHC 346 (QB);   [2013] WLR (D)  91

“A ‘disposition’ of goods for the purposes of section 29(1) of the Hire-Purchase Act 1964 was limited to a transaction where the goods had been transferred for money.”

WLR Daily, 26th February 2013

Source: www.iclr.co.uk

Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others – WLR Daily

Posted February 22nd, 2013 in banking, debts, guarantees, law reports, loans by sally

Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others [2013] EWHC 238 (Ch); [2013] WLR (D) 71

“A creditor was entitled to invoke the equitable doctrine of marshalling to claim the benefit of securities held by a doubly-secured creditor even if the two securities did not both come from a debtor if one of the securities derived from a principal for whom the debtor stood surety.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

Rogue bailiff menace exposed as complaints soar – The Guardian

Posted January 28th, 2013 in bailiffs, complaints, debts, fees, news, professional conduct, regulations by sally

“The true scale of the problem posed by ‘lawless bailiffs’ is revealed as shocking figures show a sharp rise in complaints about their behaviour since the start of the banking crisis.”

Full story

The Guardian, 27th January 2013

Source: www.guardian.co.uk

New rules for bailiffs industry – The Independent

Posted January 25th, 2013 in bailiffs, debts, news, professional conduct, regulations by tracey

“Bailiffs will be regulated under new laws to ‘clean up’ the industry and protect vulnerable debtors, the Government has announced.”

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The Independent, 25th January 2013

Source: www.independent.co.uk

Almost £2 billion in court fines and confiscation orders remain unpaid – Daily Telegraph

Posted January 21st, 2013 in assets recovery, confiscation, courts, debts, fines, news by sally

“Nearly £2 billion in court fines and confiscation orders remain unpaid, official figures show, as the Government admitted it needed to do more to tackle the debt.”

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Daily Telegraph, 19th January 2013

Source: www.telegraph.co.uk

OFT bars RBS debt collecting that puts homes at risk – Daily Telegaph

Posted January 11th, 2013 in banking, charging orders, debts, news by tracey

“Regulator imposes requirements on Royal Bank of Scotland’s use of charging orders – a way of collecting unsecured debts that could see borrowers lose their homes.”

Full story

Daily Telegraph, 11th January 2013

Source: www.telegraph.co.uk

Payday loan firms warned over lending and debt collection – BBC News

Posted November 20th, 2012 in consumer credit, consumer protection, debts, news, reports by sally

“The payday loan industry has been warned to improve the way it lends money and collects debts, or face sanctions.”

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BBC News, 20th November 2012

Source: www.bbc.co.uk

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti – WLR Daily

Posted October 12th, 2012 in debts, EC law, freedom of movement, law reports by sally

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti (Case C-249/11); [2012] WLR (D) 269

“European Union law precluded the application of a national provision which provided for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a member state, solely on the ground that he owed a legal person governed by private law a debt which exceeded a statutory threshold and was unsecured.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

SerVaas Inc v Rafidain Bank – WLR Daily

Posted August 31st, 2012 in debts, enforcement, international law, law reports, state immunity, third parties by tracey

SerVaas Inc v Rafidain Bank: [2012] UKSC 40;   [2012] WLR (D)  257

“Whether property was ‘for the time being in use or intended for use for commercial purposes’ within the meaning of section 13(4) of the State Immunity Act 1978 did not depend on the property’s origin but on the use to which the state had chosen to put it.”

WLR Daily, 17th August 2012

Source: www.iclr.co.uk

Link Financial Ltd v Jones – WLR Daily

Posted August 24th, 2012 in assignment, consumer credit, debts, law reports by sally

Link Financial Ltd v Jones [2012] EWHC 2402 (QB); [2012] WLR (D) 251

“A legal assignee of the debt due under a regulated consumer credit agreement which had given notice of the assignment to the debtor was a “creditor” within the meaning of section 189 of the Consumer Credit Act 1974 and entitled to bring proceedings to recover the debt.”

WLR Daily, 22nd August 2012

Source: www.iclr.co.uk

Privy council blocks ‘vulture fund’ from collecting $100m DRC debt – The Guardian

Posted July 19th, 2012 in debts, news, Privy Council by tracey

“The privy council has blocked a multimillionaire speculator from taking up to $100m (£64m) from the Democratic Republic of the Congo (DRC) for a decades old debt that started out at $3.3m.”

Full story

The Guardian, 18th July 2012

Source: www.guardian.co.uk

Upheld football creditors’ rule “becoming increasingly outdated”, expert says – OUT-LAW.com

Posted May 28th, 2012 in debts, insolvency, news, penalties, sport by sally

“The controversial rule allowing the Football League and Premier League to insist that football players, managers and other clubs get paid before other creditors if a football club enters administration will ‘likely become an irrelevance’ as penalties against insolvent teams become more sophisticated, according to an expert.”

Full story

OUT-LAW.com, 28th May 2012

Source: www.out-law.com

PC who stole £4,000 recovered raid cash jailed – The Independent

“A lonely and debt-ridden police constable stole money seized in police raids and used the force computer to contact women after a relationship ended, a court heard today.”

Full story

The Independent, 25th May 2012

Source: www.independent.co.uk

OFT criticises Wonga debt collection practices – The Guardian

Posted May 22nd, 2012 in consumer protection, debts, fraud, news by sally

“Payday loan company Wonga has been told by the Office of Fair Trading (OFT) it must improve its debt collection practices, after it emerged it had sent letters to customers accusing them of committing fraud.”

Full story

The Guardian, 22nd May 2012

Source: www.guardian.co.uk

Using insolvency to discharge financial order obligations: the blank canvas remains – Family Law Week

Posted May 21st, 2012 in bankruptcy, debts, families, news by sally

“Byron James, Barrister, 14 Gray’s Inn Square explores the, as yet, unfettered and undefined discretion of the court to discharge a party from obligations under orders made in family proceedings following bankruptcy, following the recent Chancery Division case of Hayes v Hayes.”

Full story

Family Law Week, 20th May 2012

Source: www.familylawweek.com

F1 team wins High Court copyright ruling but is ordered to pay substantial unpaid debts – OUT-LAW.com

Posted March 26th, 2012 in contracts, copyright, damages, debts, news by sally

“A design company has been ordered to pay a Formula One (F1) team over £20,000 after it used computer-aided design (CAD) files belonging to the team to help form aerodynamic features for rival cars.”

Full story

OUT-LAW.com, 26th March 2012

Source: www.out-law.com

Call for tighter controls on payday lenders – The Guardian

Posted March 7th, 2012 in consumer credit, debts, financial regulation, loans, news by sally

“Payday lenders should be forced to limit the rolling over of loans, stop allowing customers to switch from one lender to another, and to share information about their customers with other lenders, the business, innovation and skills committee has recommended.”

Full story

The Guardian, 7th March 2012

Source: www.guardian.co.uk

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy: [2012] EWCA Civ 196;  [2012] WLR (D)  51

“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Widow conned by husband into paying £1m debt – Daily Telegraph

Posted February 28th, 2012 in banking, debts, news, undue influence by tracey

“A widow who says she was conned by her violent art dealer husband into picking up a £1 million debt when he died is fighting a unique High Court battle for the return of the cash.”

Full story

Daily Telegraph, 28th February 2012

Source: www.guardian.co.uk