News and Resources

COVID-19: force majeure and frustration

7 / 4 / 2020

In light of the impact that COVID-19 is having on the ability of businesses to trade as normal, Ruhi Sethi-Smith explores the principles underlying the use of force majeure clauses and the doctrine of frustration. You can download Ruhi’s note from our Publications page.

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Freezing Injunctions in a time of COVID-19: Darragh Connell appears in worldwide freezing injunction application in the QBD

27 / 3 / 2020

On 27 March 2020, Darragh Connell appeared remotely on behalf of a respondent to an application for a continued worldwide freezing injunction before Griffiths J. in the Queen’s Bench Division. The remote hearing (involving five parties) demonstrated the High Court’s flexibility to continue to hear urgent injunction applications during the coronavirus pandemic. Darragh is frequently […]

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COVID-19: Business and Property Courts Protocol on Remote Hearings

20 / 3 / 2020

In light of the continuing Covid-19 outbreak, the Business and Property Courts have provided a revised protocol on remote hearings. We welcome this guidance and its commitment to moving to telephone and video hearings “wherever possible” so that the disputes that court users are facing can continue to progress at this unusual time. You can […]

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COVID-19: a message to our clients

20 / 3 / 2020

In light of the growing concerns around the current coronavirus outbreak, we wanted to reassure all of those who work with Forum that we have put in place a series of measures to protect the well-being of all of our clients, staff and members, while also making sure that we continue to offer the high […]

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Case Analysis: Secret Commissions

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 […]

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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 […]

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Berkeley Burke SIPP v FOS: High Court rejects challenge to FOS decision on SIPP mis-selling

8 / 11 / 2018

Susanne Muth considers the implications of the High Court’s recent rejection of a SIPP operator’s challenge to a FOS’s decision upholding a customer’s complaint about a mis-sold SIPP investment. The ruling is likely to result in a sharp increase in SIPP mis-selling complaints to the FOS. You can download Susanne’s case analysis here.

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SIPP Mis-selling: Unmasking a Flawed Business Model

20 / 9 / 2018

Susanne Muth considers the Upper Tribunal (Tax and Chancery Chambers) decision in Burns v the Financial Conduct Authority [2018] UKUT 246 (TCC), in which the Tribunal endorsed the FCA’s assessment that the business model operated by the TailorMade brand (and substantially replicated by many other IFA firms) was fundamentally flawed. You can download Susanne’s case analysis here.

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SMEs and Banks: Balancing the Scales

17 / 9 / 2018

David McIlroy considers the implications of the FCA’s announcement that it does not have the power to take action against the Royal Bank of Scotland (RBS) for the failures of its Global Restructuring Group (GRG) department. He analyses potential reforms to the law that could give additional protections to small businesses in their dealings with […]

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Ruhi Sethi-Smith writes in CLAN Newsletter

14 / 1 / 2018

The activities of the Royal Bank of Scotland’s Global Restructuring Group (“RBS GRG”) have been subject to widespread criticism in the media. The headlines have been welcome for affected customers and unpalatable for RBS. But what does it mean for your business?

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