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FCA Issues Consultation Paper on its Regime for Consumer Credit

On 1st April 2014, the Financial Conduct Authority (FCA) is set to take over the regulation of the consumer credit industry from the Office of Fair Trading (OFT).  Prior to that date the FCA has...

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IP Reforms Continue with Introduction of Intellectual Property Enterprise Court

As the latest in a series of recent intellectual property reforms, the Patents County Court has been renamed the Intellectual Property Enterprise Court (IPEC) and will sit as a specialist listing...

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Personal Insolvencies at a record low

Statistics released yesterday have revealed that personal insolvencies are at their lowest level since 2005. The official figures released by the Insolvency Service show a 1.8% decrease in individual...

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Contracting Electronically: Getting it Right

With electronic communications fast surpassing the use of traditional, paper-based forms, there are key issues of which to be aware surrounding the electronic creation of legally binding relationships,...

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Can A Trustee In Bankruptcy Access An Undrawn Pension Pot?

At present the law relating to what a Trustee in Bankruptcy can access, in terms of the undrawn pension of a bankrupt, is anything but certain.  This follows the High Court decision in Horton v Henry...

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Warranty Claims, Be Careful What You Wish For!

The Hut Group Ltd v Nobahar-Cookson and another In a recent case the High Court has considered whether a limitation of liability clause in a share purchase agreement was effective in barring a Buyer’s...

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Oil Giant Shells Out On Target

Royal Dutch Shell has agreed to buy oil and gas exploration company BG Group in a deal valued at £47bn. BG shareholders will be able to take payment in combination of cash and shares in Shell, which is...

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Morrisons Local stores pass their use-by date

Bradford-based Morrisons is looking to arrest escalating losses by selling off its ill-fated convenience stores – but faces a cost in the tens of millions of pounds. The expensive expiry of the...

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Tesco Tells Its Croissants To “Straighten Up”

In the current climate of worldwide economic uncertainty a trawl through the business news can make for some gloomy reading, whether it be via the stuttering Chinese economy or the potential fallout of...

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Court Clarifies Position On Implied Contractual Terms

A contractual relationship between two parties is often not just about the written terms set out by the parties, but also about the terms which are not discussed when agreeing the contract. These terms...

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What a relief: deferred shares and entrepreneurs relief

If your company has shares with no dividend rights in issue, there are two recent First-tier Tribunal rulings regarding entrepreneur’s relief, which may have an impact on entrepreneurs’ relief for...

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What’s in a Name? – Millen Loses Millions

From the humble beginnings of a £100 loan, to a business sale of £95 million; it seemed like Karen Millen’s success story had already reached the part where they all lived “happily ever after”.  The...

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Register Remedy – The Court and the Companies Act

The High Court has recently passed a rare order, rectifying a company’s register of members under section 125 of the Companies Act 2006 – before grant of probate was attained. In the case of Kings...

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Fail to File… Fine? – Changes to Partnership Penalties

Until recently, it was simply to be expected that partners who failed to produce a partnership return in time to HMRC would face a fine. However, the First-tier Tribunal has now reduced penalties for a...

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No Right, No Way: Taxpayers Remain Mindful!

An unsurprising revision has recently passed through the Upper Tribunal, in the case of McQuillan v HMRC. The First-Tier had decided in favour of the McQuillans, in relation to their attempts to claim...

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Clause for Concern: Recent Updates to Exclusion Clauses and Indemnities

Contracting parties must always be considerate of circumstances that could lead to losses, even more so when these parties are of equal bargaining power. The recent decisions of the courts in relation...

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Is EUr Trade Mark Ready? – Preparing your business for Brexit

Uncertainty surrounding the effects Brexit will have upon trademarks and intellectual property (IP) across the EU remains, with the next phase of talks focusing on the future of the trading...

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Winner Winner (No) Chicken Dinner – KFC and Supply Contracts

KFC has recently hit the news for all the wrong reasons, due to a huge amount of stores running out of fresh chicken. Out of 900 restaurants only a reported 254 of these remained open, the majority of...

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Kit Kat “Have a Break” from Trade Mark Protection

Bringing a moment of pause to a legal battle that has lasted over a decade, The Court of Justice of the European Union recently held that the shape of Nestlé’s famous Kit Kat bar did not warrant...

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A Little Less Conversation, A Little More Contracts Please

When does conversation stop being just that, and instead drifts toward a variation of the contract? The Supreme Court has helped by confirming that where a contract (such as a loan agreement or...

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