News and Resources

Push Payment Fraud: Singularis v Daiwa — Case Analysis

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 the company itself, and the voluntary Contingent Reimbursement Model Code for Authorised Push Payment Scams.

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Secret Commissions: Wood v Commercial First Business — Case Analysis

12 / 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 a commission is only partially disclosed.

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Promontoria update: effectiveness of assignments

9 / 10 / 2019

Susanne Muth examines the decision in Nicoll v Promontoria and its impact on the scope for challenging the effectiveness and validity of assignments from Clydesdale Bank and other lenders.

In Nicoll v Promontoria (RAM2) Ltd [2019] EWHC 2410 (Ch), Mann J severely limited the scope of challenge. 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, the debtor is not entitled to challenge the efficacy or validity of the assignment.

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Another Coat of Whitewash

14 / 6 / 2019

David McIlroy comments on the FCA’s report into its own ‘further investigative steps in relation to RBS GRG’.

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New Regulation Bad News for P2P Lenders

6 / 6 / 2019

Yesterday (4 June 2019) the FCA published its new rules for the P2P Lending sector. Susanne Muth explains the impact of these rules for P2P lenders and investors.

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Case Note: Perry v Raleys Solicitors — Nothing to Prove

7 / 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 (which are to be assessed as a loss of a chance). 

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Counter-drone technology and regulation: the sky must have limits

5 / 4 / 2019

In light of global drone attacks on airports and the recent introduction of new measures to combat drone misuse by the UK government, Ruhi Sethi-Smith, barrister at Forum Chambers, looks at the legal implications of counter-drone technology and regulation.

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