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Searching Content indexed under Trials & Appeals & Compensation by Craig Neilson ordered by Published Date Descending.
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1
Effecting Service Of Proceedings On Uncommunicative Defendants
In this case, the High Court considered whether valid service had been effected upon two defendants based outside of the jurisdiction who had shown no willingness to be involved in the proceedings.
UK
18 Jan 2018
2
Preliminary Ruling On The Requirement For "Plain Intelligible Language" In Consumer Contracts
The Court of Justice of the European Union (CJEU) has made a preliminary ruling in relation to the interpretation of Directive 93/13/EEC on Unfair Terms in Consumer Contracts (the Unfair Terms Directive).
European Union
18 Jan 2018
3
Unfair Relationships Under The Consumer Credit Act 1974
In this case, the High Court considered: (1) whether the claimant (the Bank) was estopped from exercising its right to demand repayment and enforce security over the Defendants' assets ...
UK
18 Jan 2018
4
Substantially Negotiated LMA Facility Agreements Not Caught By Section 3 Of UCTA
In June, the Court of Appeal handed down judgment in an appeal that considered whether section 3 of the Unfair Contract Terms Act 1977 (UCTA) can catch facility agreements ...
UK
18 Jan 2018
5
Successful Claim For Damages For Breach Of FCA Rules In Relation To Advice And Whether A Decision Said To Amount To "Financial Suicide" Should Affect Causation
This claim related to investment advice allegedly given in breach of FCA rules. The claimants were a wealthy Kuwaiti family comprising a father and his three sons ...
UK
18 Jan 2018
6
Unwinding A Loan Participation Where The Deadline For Meeting A Condition Has Expired
In October, the High Court held that the buyer of a portion of a loan facility was entitled to unwind its participation where the deadline for meeting a condition had expired.
UK
18 Jan 2018
7
Agency, Effect Of A Bribe On The Enforceability Of A Contract By A Third Party, And The Effect Of A Conflict Of Interest
Kommunale Wasserwerke Leipzig GmbH (KWL) is the municipal water company of Leipzig. It was run at all relevant times by two individuals, Mr Heininger and Dr Schirmer.
UK
18 Jan 2018
8
No Duty Of Care Owed By Banks To Customers In Relation To IRHP Review – January 2018
The Court of Appeal decided that banks do not owe a duty of care to customers in relation to their conduct of the review agreed between the banks and the Financial Conduct Authority ...
UK
18 Jan 2018
9
Commercial Court Highlights The Importance Of How Default Interest Clauses Are Drafted
On 29 March 2017, Mr Justice Blair (the Judge) in the Commercial Court gave summary judgment for US$3 billion in proceedings relating to a Eurobond issue.
UK
17 Jan 2018
10
Who Can Sue For Breach Of The Non-Payment Terms Of A Bearer Note? (January 2018)
Secure Capital SA (SC) was the owner of the entire beneficial interest in a series of notes issued by Credit Suisse (the Notes).
UK
17 Jan 2018
11
Regulatory Developments
For further information or analysis in relation to any of the issues raised below, please contact us directly.
UK
17 Jan 2018
12
Performance Benchmarks, Stop Loss Protection And Breach Of Mandate
In this interesting and detailed judgment, Mr Justice Morris (the Judge) considered the claims of Mr Rocker, a successful businessman, against Full Circle Asset Management Limited (FCAM) ...
UK
19 Dec 2017
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