August 2012 Archive

Assignment of Consumer Credit Act agreements

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It is increasingly common for consumer finance agreements to be assigned to third parties following execution and the Court has given some useful clarification for creditors in this market. More …

Trading online: Make sure your terms and conditions are binding and fair

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The recent decision in Spreadex Limited v Colin Cochrane [2012] EWHC 1290 serves as a useful reminder for operators of websites to consider carefully their customer contracts to ensure that they are binding and objectively fair or risk losing out. More …

Context is everything: latest cases on defective administration appointments

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The recent decision of Mr Justice Norris in Re Euromaster Ltd (judgment given on 10 August 2012) seeks to reassure insolvency practitioners by drawing a line under an earlier series of cases that suggested that any failure to comply with the strict procedural requirements for the appointment of administrators meant that the purported appointment was of no effect. More …

Bankruptcy: A "shield" against financial claims on divorce?

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The recent case of Arif v Zar (18 July 2012) highlights the inherent tension between a debtor's duty to pay his creditors and his obligation under divorce law to make financial provision for his spouse. More …