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
“October last year saw the decision of the Court of Appeal in litigation arising from the administrations of Nortel and Lehman Brothers (Re Nortel GMBH [2011] EWCA Civ 1124). The case concerned the treatment of contribution notices from the Pensions Regulator by the administrators. However, for those who ventured beyond mention of the Pensions Regulator, the decision contains a useful review of the law pertaining to whether liabilities fall as provable debts or expenses of the insolvency process.”
Hardwicke Chambers, 8th February 2012
Source: www.hardwicke.co.uk
Blight and others v Brewster: [2012] EWHC 165 (Ch); [2012] WLR (D) 26
“Bankrupts who were subject to an order for enforcement of a judgment had to take both the benefits and burdens of their bankruptcy and should not be allowed to hide their assets in pension funds when they had a right to withdraw monies needed to pay their creditors.”
WLR Daily, 9th February 2012
Source: www.iclr.co.uk
“Private debt collectors have been called in to help collect £420m in unpaid court fines on behalf of the Ministry of Justice under pilot schemes that may be rolled out across the country.”
The Guardian, 31st January 2012
Source: www.guardian.co.uk
“Disgraced peers who fail to repay wrongly claimed expenses are to be barred from returning to parliament.”
The Guardian, 14th December 2011
Source: www.guardian.co.uk
“Companies that provide expensive, short-term loans to desperate borrowers face tougher regulation by the government.”
The Guardian, 7th December 2011
Source: www.guardian.co.uk
Withers LLP v Langbar International Ltd [2011] EWCA Civ 1419; [2011] WLR (D) 351
“In asking whether money placed in the client account of a solicitor’s client were subject to a lien in favour of the solicitor the key question was whether the money had been placed in the account for general purposes or for a particular purpose which was incompatible with a lien arising.”
WLR Daily, 5th December 2011
Source: www.iclr.co.uk
“A high court judge has been asked to take action against a football industry debt rule described as revealing ‘the ugly side of the beautiful game’.”
The Guardian, 30th November 2011
Source: www.guardian.co.uk
McGuinness v Norwich and Peterborough Building Society [2011] EWCA Civ 1286; [2011] WLR (D) 324
“A petition in bankruptcy against a guarantor could be founded, in certain circumstances, upon a guarantee which had contained a ‘see to it’ clause.”
WLR Daily, 9th November 2011
Source: www.iclr.co.uk
“The Court of Appeal heard joined appeals considering the impact of insolvency on the right to make an order for possession and order for money judgment. Sharples concerned a possession claim brought under Ground 8 Housing Act 1988 (a mandatory ground for possession) and was a case in which the tenant had become bankrupt. Godfrey was a case in which possession was sought on discretionary grounds and the court of first instance had made a suspended possession order on terms of repayment of the arrears and granted money judgment; the order was made although the arrears were included within a debt relief order ‘DRO’.”
Hardwicke Chambers, 28th October 2011
Source: www.hardwicke.co.uk
“Social landlords face a constant struggle trying to persuade heavily indebted tenants that paying rent is a priority over paying off the tenants’ bigger, more threatening creditors.”
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Zenith Chambers, 13th September 2011
Source: www.zenithchambers.co.uk
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