This Case Law Update looks at the decision in Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Limited) –v- Walker and another in which the Supreme Court considered, for the first time, the key concept of credit.

This Case Law Update examines the Court of Appeal’s decision in Helmsley Acceptances Ltd v Lambert Smith Hampton which provides comfort to lenders, servicers and issuers seeking redress from professionals who were negligent in the loan origination process.

In the recent case of Muschett v HM Prison Service, the Court of Appeal was asked to decide whether a temporary agency worker was an employee as defined by discrimination legislation and, therefore, entitled to bring a claim for race, sex and religious discrimination.

This Case Law Update looks at the recent case of Good Harvest Partnership LLP v Centaur Services Limited where the High Court considered whether, upon an assignment of a lease, the guarantor of an original tenant can be made to enter into an Authorised Guarantee Agreement along with the original tenant.

The case of Goldsmith Williams v Travelers Insurance Company Ltd is important in the field of solicitor professional negligence. It addresses when an insurer can deprive a solicitor firm of insurance cover for a claim by exercising a dishonesty exclusion.

A look at the case of Goldacre (Offices) Limited v Nortel Networks UK Limited (in administration) which is important for landlords seeking to recover rent from companies which have gone into administration.

On 25 November 2009 the Supreme Court delivered its Judgment in The Office of Fair Trading (Respondents) –v- Abbey National plc & Others (Appellants), a decisions which is likely to have an impact upon nearly a million claims brought by aggrieved banking customers.

In the case of Quest Advisors Limited and another v McFeely and another the High Court considered whether the seller of a development site had validly assigned its obligations and liabilities under a contract for the sale and leaseback of the development site and, if so, whether this amounted to a repudiatory breach of that contract.

This Case Law Update looks at the Court of Appeal decision in Southern Pacific Mortgage Limited -v- Jayne Elizabeth Heath which considered the issue of Multiple Agreements under the Consumer Credit Act 1974.

Rosling King LLP recently acted for Southern Pacific Personal Loans Ltd in this test case before the Court of Appeal arising from the interpretation of the Consumer Credit Act 1974.

This Case Law Update examines the case of Oakland v Wellswood (Yorkshire) Limited in which the Court of Appeal softens the effect of Regulation 8(7) of the TUPE Regulations 2006.

This Case Law Update examines the case of Phillip McGuffick –v- The Royal Bank of Scotland Plc which looks at the enforceability of loan agreements regulated by the Consumer Credit Act 1974.

Payment protection insurance (“PPI”) is the second biggest selling insurance product in the UK. This Case Law Update looks at the recent case of MBNA v Thorius which considered the actions of MBNA in selling PPI.

This Case Law Update looks at the Court of Appeal ruling in Nationwide v Wright which overturned a previous decision to set aside a Charging Order following the insolvency of the debtor.

The High Court in Stephen John Edmund Jones v (1) Kelly Churcher (2) Abbey National PLC has held that a bank and its customer were liable in restitution further to a mistaken payment being made into the customer’s account which the bank then wrongly permitted the customer to draw upon.

This Case Law Update examines the case of Levicom International Holdings BV and another v. Linklaters which looked at the issue of causation in a negligence action.

An examination of the case of Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Howe in which the Court of Appeal held that, in principle, there is no reason why someone who is a shareholder and director of a company cannot also be an employee of a company.

An analysis of Nationwide Building Society v Dunlop Haywards Ltd and Cobbetts which examined whether a non-fraudulent defendant could recover a contribution towards their liability from a fraudulent co-defendant and confirmed the basis upon which losses in deceit cases are to be quantified.

An examination of a mortgagee’s rights of possession and sale as set out in the Law of Property Act 1925 following the case of Horsham Properties v. Clark and Another.

An examination of two recent cases which serve as timely reminders of the risks involved, both to the employer and to the contractor, in proceeding with works in the absence of an executed building contract.

A look at the recent decision of the Appellate Committee of the House of Lords in Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc) which dismissed an application for permission to appeal a Court of Appeal decision that valuers have an unqualified obligation to value the correct property.

This Case Law Update reviews the recent case of Alchemy Estates Ltd. v. Astor which considered whether a claimant was prevented from rescinding a contract due to its own breach.

The Employment Appeals Tribunal decision in Oakland v Wellswood (Yorkshire) Limited may not be warmly welcomed by employees but it is helpful for those purchasing businesses in administration. This Case Law Update examines the decision.

This edition of Case Law Update examines the recent case of Limit No.2 Ltd v AXA Versicherung AG, in which the Court of Appeal heard an appeal by insurers against a decision that the reinsurers were entitled to avoid reinsurance treaties due to a misrepresentation by the syndicates’ broker.

This Case Law Update looks at the case of Pegasus Management Holdings SCA and another v Ernst & Young in which the Court considered when exactly the claimant suffered damage, so as to ascertain whether a professional negligence claim would be statute-barred.

A review of the recent decision of the Court of Appeal in Pratt v Aigaion Insurance Co SA which addressed the construction of the words “at all times” in an insurance warranty.

This edition of Case Law Update examines the case of Cuthbert v Gair, in which the Court considered whether costs incurred pre-litigation by a loss adjuster, where a solicitor had not yet been instructed, could be recovered as a disbursement or expense where that work would normally have been carried out by a solicitor.

This Case Law Update looks at the recent case of Kier Regional Limited v City and General (Holborn) Limited and third parties which highlights the difficulties faced by construction creditors in the current economic downturn when seeking to enforce judgment, which in turn enforces an adjudicator’s decision, through the use of a third party debt order.

A review of the case of Barclays Bank Plc v Alfons Kufner in which the High Court considered whether or not an experienced businessman was able to rely on unfair contractual terms legislation to protect him from fulfilling his obligations under a guarantee he made to a bank.

An analysis of Dickins v O2 Plc in which the Court of Appeal upheld a decision by the Judge at first instance to award an employee damages as a result of the employee’s psychiatric illness caused by her employer.

This edition of Case Law Update looks at the recent decision of the Court of Appeal in Yorkshire Bank Finance Limited –v- Aubrey Joseph Mulhall and Angela Gail Mulhall which considered the application of the Limitation Act 1980 to the delayed execution of a Charging Order.

A look at the decision in The Office of Fair Trading v Abbey National PLC and others which established that bank charges are largely not capable of amounting to penalties at common law but can be assessed for fairness under the Unfair Terms in Consumer Contracts Regulations.

This Case Law Update examines the case of Andrew Fender v Natwest in which the High Court directed an administrator to recognise a bank as a secured creditor despite their execution of a deed of release.

This Case Law Update looks as the case of Platform Funding -v- Bank of Scotland Plc (Formerly Halifax Plc) in which the Court of Appeal considered the question of whether a valuer, instructed to value a property on behalf of a lender, is under an unqualified contractual obligation to value the correct property.

This Case Law Update examines the case of UBS Wealth Management (UK) Ltd and another v Vestra Wealth LLP and others which established that “springboard injunctions” can be used to prevent breaches of contract by current and ex-employees.

A look at the issues surrounding Part 36 offers as considered in the case of Carver –v- BAA Plc.

This edition of Case Law Update looks at the case of Tesco Stores Ltd v Constable & Others which considered whether the wording of a public liability policy extended to cover pure economic losses sustained by a third party.

An examination of the Court of Appeal decision in Kosmar Villa Holidays Plc v Trustees of Syndicate 1243 which appears to make it easier for insurers to delay when investigating indemnity post-notification of a claim without an inference being drawn from their conduct or communications that they have waived their rights or taken a decision on coverage.

An examination of the case of Brit Syndicates Ltd v Italaudit SpA (in Liquidation) (formerly Grant Thornton SpA) which illustrates how the House of Lords is prepared to adopt a pragmatic approach to insurance contract interpretation.

This Case Law Update examines the case of National Westminster Bank Pl v Robin Ashe (Trustee in Bankruptcy of Djabar Babai) and its impact on lenders in pursuing shortfall recoveries.