Issues

Harrison, PPI and unfair relationship revisited

The Court of Appeal has revisited the issue of unfair relationship in payment protection insurance (PPI) claims where the payment of commission was not disclosed. The two conjoined appeals were Plevin v Paragon Personal Finance Ltd and Conlon v Black Horse Ltd. Conlon argued that her claim could be distinguished from Harrison as the court had accepted that […]

Owner’s right to deal with property

In Blemain Finance Ltd v Goulding, the court had to determine whose interests prevailed: the registered owner of a property or a trustee in bankruptcy who had been unaware of the property and whose alleged interest in it had never been registered. On 12 February 2003, G transferred his property to C. On 14 February 2003, […]

SJ Berwin

SJ Berwin’s final LLP accounts show turnover rise but profit fall

Legacy SJ Berwin saw its group revenue increase by 1.7 per cent, from £179.9m to £182.9m, during its last financial year before merging with King & Wood Mallesons. The turnover rise is less than originally reported by the firm (17 June 2013). In contrast to its original prediction, the firm also saw a decline in […]

Relief from sanctions cases

Lenders need to be aware of a number of judgments on relief from sanctions applications featuring the reworded Civil Procedure Rule (CPR) 3.9. Two are referred to below. The first case is Durrant v Chief Constable of Avon & Somerset. The judgment confirms that a party should not be lulled into a false sense of […]

eversheds

Eversheds wins nationwide adviser role on legal services framework

Eversheds is the only firm to have won the national and all 13 regional positions on the Salford-based Crescent Purchasing Consortium’s (CPC) legal services framework. Bond Dickinson and Michelmores were also successful in being appointed to the national lot. The rest of the regional lots were split between: Anderson Strathern, Bates Wells and Braithwaite, Bevan […]

White & Case has the blues over oligarch case conflict

Monday. The first day of the week and a chance to start all over again. Which should be a relief for members of the litigation team at White & Case London, whose previous last week ended on a shocker. In case you missed it, the firm effectively got thrown off what is likely to be […]

No winding-up order where genuine dispute over debt

A winding-up order was wrongly made where a creditor was described as a contingent creditor, but the underlying debt upon that the petition was based appeared to be genuinely disputed. In LSI 2013 Ltd v Solar Panel Co (UK) Ltd, the petition was based upon invoices giving rise to a substantial outstanding balance on the trading […]

Equity of exoneration

A sub-surety was entitled to an indemnity from the assets of a guarantor before a third party’s debt bit upon the guarantor’s assets. In Day v Shaw and Shaw, a bank had lent money to the first defendant’s company. The first defendant (and another) guaranteed that loan. The loan was also secured by a charge over […]

California

Cooley posts 9% revenue rise for third year running

California firm Cooley has posted record financial results for the 2013 year, reporting a 9 per cent rise in revenue to its highest-ever total of $674m. It is the third year in a row that Cooley has achieved revenue growth of at least 9 per cent. In 2012 it posted a similar uptick, with revenue […]

frankfurt germany

Herbies continues German growth with Bakers partner

Herbert Smith Freehills (HSF) has added to its German capabilities with the hire of a litigation partner from Baker & McKenzie in Frankfurt. Mathias Wittinghofer becomes the fourth partner at HSF in Germany, following the firm’s launch in Frankfurt last April (13 February 2013). He is the first litigator to join the firm in Germany […]

jersey channel islands
1

Ogier fiduciary partners complete £180m MBO of business

Offshore firm Ogier has sold its fiduciary business in a management buy-out backed by private equity company Electra Partners, which values the business at £180m. The sale, which completed on Saturday (1 February), sees a split between the law firm and the fiduciary business in the latest development of the complex relationships between offshore firms […]