Salford Estates (No 2) Ltd v Altomart Ltd – WLR Daily

Posted December 12th, 2014 in arbitration, debts, insolvency, law reports, stay of proceedings, winding up by sally

Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527

‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk

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Legal aid slashed with no thought for consequences, MoJ chief admits – The Independent

Posted December 8th, 2014 in budgets, debts, employment, families, housing, legal aid, news by sally

‘The legal aid bill is being slashed by £300m without research into the potential effect of the cuts, the most senior civil servant at the Ministry of Justice (MoJ) has admitted.’

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The Independent, 5th Decemeber 2014

Source: www.independent.co.uk

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High Court ruling will create new market for pensions debts, says expert – OUT-LAW.com

Posted December 5th, 2014 in debts, insolvency, news, pensions, trusts, winding up by sally

‘A new market for trading the pension debts of insolvent companies will be created as a result of a recent High Court ruling. The ruling will also result in more efficient, earlier winding up of pension schemes when companies go out of business.’

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OUT-LAW.com, 4th December 2014

Source: www.out-law.com

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Oldest surviving law faces repeal after 747 years – BBC News

Posted December 5th, 2014 in debts, news, repeals, statute law revision by sally

‘Some of the oldest surviving legislation on Britain’s statute books is set to be repealed after 747 years.’

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BBC News, 5th December 2014

Source: www.bbc.co.uk

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Court of Appeal highlights dangers to lenders of choosing to enforce only part of a security – OUT-LAW.com

Posted October 21st, 2014 in appeals, debts, enforcement, mortgages, news, repossession by sally

‘Lenders must be careful to ensure that they do not lose the right to enforce their remaining rights under a security agreement when they choose to enforce only part of it, the Court of Appeal has warned.’

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OUT-LAW.com, 20th October 2014

Source: www.out-law.com

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Wonga TV ad banned for failing to show interest rate – BBC News

Posted October 8th, 2014 in advertising, debts, interest, news, regulations by sally

‘The Advertising Standards Authority has banned a TV advert by payday lender Wonga, after a complaint by a charity.’

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BBC News, 8th October 2014

Source: www.bbc.co.uk

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Nickel & Goeldner Spedition GmbH v “Kintra” UAB – WLR Daily

Posted September 9th, 2014 in carriage of goods, debts, EC law, insolvency, jurisdiction, law reports by sally

Nickel & Goeldner Spedition GmbH v “Kintra” UAB (Case C-157/13) ECLI:EU:C:2014:2145; [2014] WLR (D) 387

‘An action for the payment of a debt based on the provision of carriage services taken by the insolvency administrator of an insolvent undertaking in the course of insolvency proceedings opened in one member state and taken against a service recipient established in another member state came under the concept of “civil and commercial matters” within the meaning of article 1(1) of Council Regulation (EC) No 44/2001. Moreover, article 71 of Regulation No 44/2001 meant that, in a situation where a dispute fell within the scope of both that regulation and the Convention on the Contract for the International Carriage of Goods by Road, as amended, a member state could, in accordance with article 71(1) of that Regulation, apply the rules concerning jurisdiction laid down in article 31(1) of that Convention.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

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In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd – WLR Daily

Posted August 6th, 2014 in administrators, debts, energy, insolvency, law reports by sally

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd [2014] EWHC 2721 (Ch); [2014] WLR (D) 364

‘Charges arising under deemed contracts for supplies of gas and electricity to retail premises after the companies had entered into administration and after the premises had been vacated by the companies were provable debts within rule 13(12(1)(b) of the Insolvency Rules 1986.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Borrower wins court reprieve over £13,000 debt due to ‘illegible documents’ – Daily Telegraph

Posted July 17th, 2014 in consumer credit, debts, documents, news by tracey

‘ When Harry Moore was taken to court over spiralling credit card debts, he faced losing both his home and business. Mr Moore, 43, had built up a balance of more than £13,000 on an MBNA credit card, and had failed to meet repayments. His debts were passed from MBNA to a debt recovery agency, Hillesden Securities, which in November 2013 took him to court. But the case was thrown out – because the orginal agreement was “impossible to read”.’

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Daily Telegraph, 16th July 2014

Source: www.telegraph.co.uk

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Novoship (UK) Ltd and others v Nikitin and others – WLR Daily

Posted July 9th, 2014 in bribery, causation, charterparties, debts, fiduciary duty, interest, law reports by sally

Novoship (UK) Ltd and others v Nikitin and others [2014] EWCA 908; [2014] WLR (D) 297

‘The remedy of an account of profits was available against one who dishonestly assisted a fiduciary to breach his fiduciary obligations, even if that breach did not involve a misapplication of trust property.

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

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Could TV Licensing be given power to raid bank accounts? – Daily Telegraph

Posted July 9th, 2014 in BBC, debts, licensing, news by sally

‘HMRC chief Lin Homer indicates proposed powers to raid bank accounts of debtors could be extended to TV Licensing and DVLA, as MPs warn they violate Magna Carta.’

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Daily Telegraph, 8th July 2014

Source: www.telegraph.co.uk

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Gambling addict sues Ritz casino after losing £2m – BBC News

Posted July 3rd, 2014 in debts, gambling, news by sally

‘A gambling addict is suing the Ritz casino after betting and losing £2m in one evening.’

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BBC News, 3rd July 2014

Source: www.bbc.co.uk

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Wonga chased debt with fake lawyers, says FCA – BBC News

Posted June 25th, 2014 in compensation, debts, loans, news, unfair commercial practices by sally

‘Payday lender Wonga must pay £2.6m in compensation after sending letters from non-existent law firms to customers in arrears.’


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BBC News, 25th June 2014

Source: www.bbc.co.uk

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Businessman jailed for fraud after faking own death – Daily Telegraph

Posted June 18th, 2014 in debts, fraud, insurance, news, sentencing by sally

‘Debt-ridden businessman Sanjay Kumar faked his own death to claim millions of pounds in life insurance.’

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Daily Telegraph, 17th June 2014

Source: www.telegraph.co.uk

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University tuition fees and discretionary leave to remain – Hardwicke Chambers

‘Recent press coverage1 has highlighted a black hole in the government’s finances concerning student debt. A mis-calculation in the number of graduates who will earn enough to repay their loans has meant that, should the number pass the 48% mark (which appears likely – it is currently at 45%, having already been raised from an initial figure of 28%) the government would have been better off keeping to the £3,000 a year tuition fees regime. Little comfort to those students subject to the £9,000 a year rate of fees, but there is another group of people who view students with access to university loans on any terms as the lucky ones: those with discretionary leave to remain (“DLR”).’

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Hardwicke Chambers, 8th April 2014

Source: www.hardwicke.co.uk

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Panorama bailiffs investigation to be aired after high court bid fails – The Guardian

Posted April 8th, 2014 in bailiffs, BBC, debts, injunctions, media, news by sally

‘The bailiff and star of BBC show The Enforcers has failed in a high court bid to stop a John Sweeney Panorama investigation into debt recovery being broadcast.’

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The Guardian, 7th April 2014

Source: www.guardian.co.uk

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Crackdown to stop bailiffs using aggressive tactics – BBC News

Posted April 4th, 2014 in bailiffs, debts, enforcement, news by sally

‘Sweeping changes to the way bailiffs can enforce the repayment of debts come into force on Sunday.’

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BBC News, 4th April 2014

Source: www.bbc.co.uk

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Quarter of payday lenders may quit under tougher rules – BBC News

‘One quarter of payday lenders may pull out of the market under pressure from new regulations. The Financial Conduct Authority (FCA) is to investigate the way they treat borrowers struggling to repay loans. It has said the review will be one of its first actions when it takes over regulation of the consumer credit sector on 1 April.’

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BBC News. 12th March 2014

Source: www.bbc.co.uk

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OFT warns universities about sanctions on students in debt – The Guardian

Posted February 19th, 2014 in consumer protection, debts, disciplinary procedures, news, ombudsmen, universities by sally

‘The Office of Fair Trading has written to more than 170 universities and other higher education groups warning that the widespread practice of stopping students graduating or continuing with their course if they owe money over issues such as late library books or childcare services could breach consumer laws.’

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The Guardian, 18th February 2014

Source: www.guardian.co.uk

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‘Logbook lenders’ are flouting the law, say debt advisers – The Guardian

Posted February 17th, 2014 in debts, financial regulation, loans, news by sally

‘Innocent car buyers can lose their vehicles under ‘bills of sale’ rules dating back to the Victorian era.’

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The Guardian, 16th February 2014

Source: www.guardian.co.uk

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