19 / 11 / 2019
David McIlroy explores the Supreme Court decision in Singularis Holdings Ltd (in liquidation) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 and considers its implications for Authorised Push Payment Fraud claims. This case analysis looks at the extent of a bank’s Quincecare duty, the ability to attribute the dishonesty of the controlling mind in a ‘one-man company’ to […]
Full article12 / 11 / 2019
Nathan Webb examines the decision in Wood v Commercial First Business and explores its detailed review of the law on secret commissions. The judgment addresses in particular the distinction between full secret commissions and so-called half-secret commissions. It clarifies the law in the area and solidifies the basis for a broker being held liable where […]
Full article21 / 10 / 2019
Darragh Connell has been appointed as a Guest Teacher in the Department of Law at the London School of Economics for the academic year 2019/2020. Darragh will be teaching students advanced Commercial Contract Law. The course focuses on topics such as agreed remedies, agency, assignment, and the provision of security in credit transactions. Alongside his […]
Full article15 / 10 / 2019
We are delighted to announce that Jonathan Lester has joined Chambers from September 2019. Jon appears regularly in County Courts and has appeared in the High Court. Prior to joining the Bar, Jon had a successful career as a lawyer at a well-respected City law firm. He has solid experience in the areas of property […]
Full article9 / 10 / 2019
The decision in Nicoll v Promontoria (RAM2) Ltd [2019] EWHC 2410 (Ch) confirms the limited scope for challenging the effectiveness and validity of an assignment. In summary, if Promontoria has given notice of the assignment to the debtor, and the assigning bank has confirmed by notice or has otherwise acknowledged that it considers the assignment complete, […]
Full article9 / 10 / 2019
Klaus Schmitz, EU Law Expert & ADR Specialist, Door Tenant with Forum Chambers, has recently been appointed as Arbitrator to CAE-AKD (FR: Chambre d’Arbitrage d’Experts, NL: Arbitragekamer van Deskundigen), a Brussels-based institutional body of expert arbitrators. Klaus has been appointed for Commercial Law, Contract Law, Competition Law (General), European Law and Public Procurement Law. For […]
Full article14 / 6 / 2019
The FCA has just published its report into its own ‘further investigative steps in relation to RBS GRG’. David McIlroy comments here.
Full article6 / 6 / 2019
4 June: the FCA has published its new rules for the P2P Lending sector. Susanne Muth explains the impact of these rules for P2P lenders and investors. You can find Susanne’s article here.
Full article7 / 5 / 2019
Susanne Muth examines the Supreme Court’s recent decision in Perry v Raleys Solicitors (A Firm) [2019] UKSC 5, which concerns the dividing line between issues of causation which concern the claimant’s own actions (which a claimant has to prove on the balance of probabilities) and issues of causation which concern the actions of third parties […]
Full article7 / 5 / 2019
David McIlroy and Susanne Muth discuss the requirement of appropriateness under COBS 10 in this month’s edition of Butterworth’s International Journal of Banking and Financial Law. The article, entitled ‘The dog that doesn’t bark’, looks at how the courts have failed to understand that this rule is intended to put an end to execution-only sales of financial products […]
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