This edition of Caught in the Act looks at how the pre-budget report, published on 24 November 2008, intends to support home owners in financial difficulties by helping to protect against repossession.

A look at the pre-action protocol for mortgage possession claims which takes effect from 19 November 2008.

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.