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To be or not to be a "consumer": a question for the court, not FOS - R (on the application of Bluefin Insurance Services Ltd) v. Financial Ombudsman Service 2014 EWHC 3413 (Admin)

  • Dentons
  • -
  • United Kingdom
  • -
  • October 29 2014

The court has recently considered an application for judicial review of a decision made by the Financial Ombudsman Service (FOS) to entertain a

Court of Appeal gives guidance on identifying domicile of a company

  • Hogan Lovells
  • -
  • United Kingdom
  • -
  • October 28 2014

In Young v Anglo American South Africa Ltd (unreported, 31 July 2014), the Court of Appeal had to grapple with the issue of where a company was

Hats off to de facto directors

  • Hogan Lovells
  • -
  • United Kingdom
  • -
  • October 28 2014

In Smithton Ltd v Guy Naggar and others (2013), the Court of Appeal held that a director of a holding company was not, by virtue of that position, a

Oral agreements ought to be contractually agreed and documented to ensure they are enforceable and binding on all parties

  • Hogan Lovells
  • -
  • United Kingdom
  • -
  • October 28 2014

In Barnsley v Noble (2014), the Court held that an oral agreement was not contractually binding. Despite evidence that such agreement had been

De facto vs shadow directorships

  • Greenberg Traurig LLP
  • -
  • United Kingdom
  • -
  • October 28 2014

In a recent case, Smithton Ltd v Naggar 2014 EWHC 680 Ch, the Court of Appeal reconsidered the difference between de facto and shadow directors. A

With or without prejudice?

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • October 28 2014

What lawyers write - or don't write - at the top of letters and emails can adversely affect their clients or employers. The temptation to put

Contractual obligations to act in good faith

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 27 2014

Unlike in many other legal systems around the world, English common law does not recognise a general contractual duty to act in good faith either when

Seldon v Clarkson Wright & Jakes UKEAT043413

  • Taylor Wessing
  • -
  • United Kingdom
  • -
  • October 27 2014

The Employment Appeal Tribunal has upheld an Employment Tribunal's decision that a compulsory retirement age of 65 in a partnership deed was a

Case summaries

  • Clyde & Co LLP
  • -
  • United Kingdom
  • -
  • October 22 2014

The claimant (Lehman) claimed for the balance of the sum which it argued was properly due from the defendant arising out of early termination of four

Court of Appeal considers meaning of “commercially reasonable manner”

  • Clyde & Co LLP
  • -
  • United Kingdom
  • -
  • October 22 2014

This case addressed the construction of a clause requiring a party to make a determination in a “commercially reasonable manner” in relation to an