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Results: 1-10 of 31

Lenders’ contributory negligence a blunted blade?

  • RPC
  • -
  • United Kingdom
  • -
  • February 7 2013

Notwithstanding the growing impact of limitation defences, many UK lenders’ portfolios remain exposed. The value of outstanding claims mostly

Lender claim founders losses “caused” by underlying fraud

  • RPC
  • -
  • United Kingdom
  • -
  • July 17 2012

The High Court handed down its judgment on 10 July 2012 in Platform Funding v Anderson Associates 2012 EWHC 1853 (QB

FSB principles add weight to contributory negligence arguments against lenders

  • RPC
  • -
  • United Kingdom
  • -
  • April 30 2012

The Financial Stability Board (FSB), the international regulatory task force set up following the recent global financial crisis with the aim of developing and promoting effective regulatory policies in the interest of improved financial security, has just published its Principles for Sound Residential Mortgage Underwriting Practices

Jones v Kaney: the Supreme Court abolishes expert immunity

  • RPC
  • -
  • United Kingdom
  • -
  • April 6 2011

The Supreme Court has swept away the longstanding immunity from suit afforded to expert witnesses in a 5 to 2 majority decision in Jones v Kaney

Contractual limits of liability lessons for all

  • RPC
  • -
  • United Kingdom
  • -
  • September 16 2010

Contractual limits of liability are often seen as the saviour for businesses, giving them a guaranteed way to protect themselves against claims if and when something goes wrong

The ‘without prejudice’ rule and the interpretation of settlement agreements

  • RPC
  • -
  • United Kingdom
  • -
  • April 12 2010

Although the point of the without prejudice rule - namely to encourage settlements in commercial disputes - conflicts with the policy of affording the court the best and most useful evidence, one cannot resolve that conflict merely by saying that the latter policy trumps the former

Recovery by the beneficial owner of property

  • RPC
  • -
  • United Kingdom
  • -
  • April 12 2010

The beneficial owner of property can recover, subject to the rules of remoteness and damage, for all the loss which it suffers (including consequent economic loss) in relation to damage to property that it beneficially owns, so long as the legal owner of that property is joined to the proceedings

Ordering costs in the small claimsfast track

  • RPC
  • -
  • United Kingdom
  • -
  • April 12 2010

Two recent cases argued consecutively in the Court of Appeal address the issue of when it is appropriate for a costs judge to order that costs be assessed on the small claimsfast track basis

Public procurement limitation

  • RPC
  • -
  • European Union, United Kingdom
  • -
  • January 12 2010

On 29 October 2009, the Advocate General handed down an opinion on a reference for a preliminary ruling from the High Court in relation to limitation periods for bringing challenges for beach of the public procurement rules

Public procurement - Public Contracts (Amendment) Regulations 2009

  • RPC
  • -
  • United Kingdom
  • -
  • January 12 2010

The Public Contracts (Amendment) Regulations 2009 were published on the OPSI website on 12 November 2009

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