- May 11, 2022
Serving company directors as defendants to a claim
Background The recent case of Abu Dhabi Commercial Bank PJSC v Shetty raised the question of whether section 1140 of the Companies Act 2006, when used in conjunction with the “necessary or proper party” gateway under PD 6B.3.1(3), has an “exorbitant and arbitrary” effect.
- March 14, 2022
Unfair credit relationships, PPI payments, and limitation: Smith and another v Royal Bank of Scotland plc
Background On 6 April 2007, sections 140A to D of the Consumer Credit Act 1974 (the 1974 Act) came into force pursuant to the Consumer Credit Act 2006 (the 2006 Act). These replaced the old “extortionate credit bargain” provisions and, in brief, confer powers on the court to grant relief in connection with a credit … Continue reading Unfair credit relationships, PPI payments, and limitation: Smith and another v Royal Bank of Scotland plc →
- November 17, 2020
Search orders in the digital age: TBD (Owen Holland) Ltd v Simons and others
What can be done with documents obtained by a search order? Search orders are intrusive orders, but they are often obtained under pressure and at short notice, which means that the procedural safeguards are paramount. Having developed from 1974 in the “analogue era”, to borrow Arnold LJ’s phrase, the fact that they are now being … Continue reading Search orders in the digital age: TBD (Owen Holland) Ltd v Simons and others →
