Articles

Is the regulatory references regime ripe for deceit and negligent misstatement claims?

Is the regulatory references regime ripe for deceit and negligent misstatement claims?

Date: 7 Jun, 2017
The regulatory references regime has wide-reaching implications for employers. They may unexpectedly find themselves in the civil courts for the torts of deceit and negligent misstatement in attempting to comply with the new rules.

Richard Ascroft considers the suspension of discharge from bankruptcy - A welcome clarification?

Richard Ascroft considers the suspension of discharge from bankruptcy - A welcome clarification?

Date: 12 May, 2017
The recent decision of Nugee J in Weir v Hilsdon [2017] EWHC 983 (Ch) (04.05.17) has cast doubt on a form of order typically used to suspend a bankrupt’s discharge from bankruptcy.

Banking & Finance - Regulatory update

Banking & Finance - Regulatory update

Date: 5 May, 2017
Significant regulatory change is looming on the horizon for many financial services firms. The UK must implement the revised Payment Services Directive ("PSD2") and must also implement the new General Data Protection Regulation (the "GDPR").

Equity of Exoneration Revisited: Armstrong v Onyearu [2017] EWCA Civ 268

Equity of Exoneration Revisited: Armstrong v Onyearu [2017] EWCA Civ 268

Date: 11 Apr, 2017
In a recent Property & Estate article, Daisy Brown carefully analysed the development of the equity of exoneration ("a judge-made principle of some antiquity") and concluded that it was "crying out for the higher courts to take a fresh look at how it should be applied".

Practice growth and proprietary estoppel - Malcolm Warner, March 2017

Practice growth and proprietary estoppel - Malcolm Warner, March 2017

Date: 1 Mar, 2017
This article follows a well received recent lecture on this topic and its aim is to identify how solicitors can help their clients.

Stefan Ramel & John Churchill analyse the Supreme Court's recent decision on s.127 in Akers v Samba

Date: 21 Feb, 2017
The case is rare example of the country’s highest Court considering in some detail the operation of s.127 of the Insolvency Act 1986.

Neil Levy considers ‘Security on Rental Income’

Neil Levy considers ‘Security on Rental Income’

Date: 25 Jan, 2017
This is the sixth in the series of insolvency papers which we have been launching over recent weeks.

Suzanne Staunton - Precedent H does not set the precedent for costs

Suzanne Staunton - Precedent H does not set the precedent for costs

Date: 19 Jan, 2017
Within this article, recently featured in the latest Paragon Cost Solutions newsletter, Suzanne Staunton considers - Precedent H does not set the precedent for costs.

James Hannant discusses "Going Behind Judgments in Bankruptcy Proceedings"

James Hannant discusses "Going Behind Judgments in Bankruptcy Proceedings"

Date: 12 Jan, 2017
This article by James is the fifth? in the series of insolvency papers being produced by the members of Guildhall Chambers’ insolvency team.

Katie Gibb considers "Claims against Third Parties in Insolvency: Is there any room for the Part 20 Claim?"

Katie Gibb considers "Claims against Third Parties in Insolvency: Is there any room for the Part 20 Claim?"

Date: 16 Dec, 2016
Where a company sues a former director, for example, or its auditors for negligence, that defendant is entitled if it so wishes to join in a third party for the purpose of claiming a contribution or an indemnity.