Supreme Court, 9th May 2013
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
“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
“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.”
The Guardian, 27th January 2013
Source: www.guardian.co.uk
“Bailiffs will be regulated under new laws to ‘clean up’ the industry and protect vulnerable debtors, the Government has announced.”
The Independent, 25th January 2013
Source: www.independent.co.uk
“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.”
Daily Telegraph, 19th January 2013
Source: www.telegraph.co.uk
“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.”
Daily Telegraph, 11th January 2013
Source: www.telegraph.co.uk
“The payday loan industry has been warned to improve the way it lends money and collects debts, or face sanctions.”
BBC News, 20th November 2012
Source: www.bbc.co.uk
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: [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 [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
“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.”
The Guardian, 18th July 2012
Source: www.guardian.co.uk
“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.”
OUT-LAW.com, 28th May 2012
Source: www.out-law.com
“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.”
The Independent, 25th May 2012
Source: www.independent.co.uk
“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.”
The Guardian, 22nd May 2012
Source: www.guardian.co.uk
“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.”
Family Law Week, 20th May 2012
Source: www.familylawweek.com
“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.”
OUT-LAW.com, 26th March 2012
Source: www.out-law.com
“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.”
The Guardian, 7th March 2012
Source: www.guardian.co.uk
“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
“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.”
Daily Telegraph, 28th February 2012
Source: www.guardian.co.uk
