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Ostensible authority times two

Wragge & Co LLP
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United Kingdom
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May 21 2009

Two cases relating to debentures have confirmed that ostensible authority is sufficient to debar a company from challenging the validity of a debenture and the powers vested in it

What constitutes actual occupation?

Wragge & Co LLP
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United Kingdom
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May 19 2010

In Link Lending Ltd v Hussein and another, the Court of Appeal considered what constitutes actual occupation so as to defeat an application for a possession order

Post winding-up transactions set aside

Wragge & Co LLP
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United Kingdom
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April 24 2013

Where a company has been wound-up, directors are no longer officers of the company and any transactions they enter into will be void. This was

Consumer credit - what the future holds for consumer credit firms post 1 April 2014

Wragge & Co LLP
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United Kingdom
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April 29 2013

The new Financial Conduct Authority (FCA) opened for business on 1 April 2013 and will administer a new regulatory regime for consumer credit from 1

Payment of disbursements doesn't render solicitors liable for adverse costs orders

Wragge & Co LLP
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United Kingdom
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April 24 2013

Solicitors who fund disbursements for impecunious claimants will not be liable for adverse costs simply because they do so. They might be so liable

Freestanding or modifying agreements under the Consumer Credit Act?

Wragge & Co LLP
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United Kingdom
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April 24 2013

Freestanding and separate agreements are not modifying agreements and so not caught by the Consumer Credit Act 1974 (CCA). This was the finding of

Payment guarantee is a performance bond

Wragge & Co LLP
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United Kingdom
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April 24 2013

We first reviewed the decision in Wuhan Guoyu Logistics Group Co Ltd v Emporiki Bank of Greece SA in our August 2012 issue of Finance Litigation

Negligent valuations and contributory negligence

Wragge & Co LLP
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United Kingdom
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February 28 2013

In Webb Resolutions Ltd v E.Surv Ltd claims for negligently valuing two properties (A and B) were brought against the defendant. The defendant acted

A right to subrogation

Wragge & Co LLP
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United Kingdom
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October 21 2010

A lender which fails to register its legal charge will, subject to fulfilment of all other relevant requirements, be entitled to be subrogated to an earlier legal charge that was discharged from the advance

Failure to appeal in time

Wragge & Co LLP
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United Kingdom
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July 19 2012

In Goosefish Property Ltd v Arthur Barnes & Co Solicitors, the claimant applied for permission to appeal against an order dismissing its application to stay the sale of a property and giving permission to the defendant to sell it

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