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Dispute Resolution Law Blog

14 July 2016

Decline of the English Sex Scandal – why you can never get a good sex scandal these days (with apologies to George Orwell)

It is a Sunday afternoon –you put your feet up on the sofa and open the Sun on Sunday.What is it that you want to read about? Naturally - about a sex scandal. But what kind?

28 June 2016

Property transaction deemed an ‘unconscionable bargain’ but not enough of a bargain to overreach a mortgage interest

On 17 June 2016 the Court of Appeal held in the case of Mortgage Express v Laura Lambert [2016] EWCA Civ 555 that a transaction to purchase a property for £30,000 with a true value of £120,000 amounted to an unconscionable bargain. However, due to Ms Lambert’s failure to disclose her true arrangement and interest in the property, it could not amount to an overriding interest and so was capable of being overreached. 

15 June 2016

Legal Update: Landlords’ successful appeal in clawing back lion’s share of costs serves as note of caution to tenants

Sinclair Gardens Investments (Kensington) Ltd v (1) Paul Kenneth Charles Wisbey (2) Lesley Barbara Mary Wisbey [2016] UKUT 203 (LC)

9 June 2016

Is a freezing order affecting third parties contrary to public policy?

The Court of Justice of the EU (ECJ), on referral from a preliminary ruling by the Supreme Court of Latvia, has held that the public policy defence in Article 34 of the 2001 Brussels Regulation (the 2001 Brussels Regulation) did not prevent the enforcement of a freezing order made without a prior hearing of third parties whose rights might be affected, provided that the third parties had the right to apply to the original court to vary or discharge the order. Meroni v Recoletos Ltd and others (Case C-559/14)

Fiona Simpson

8 June 2016

Hidden flaws in proposed new “failure to prevent fraud” corporate offence.

Shortly before the recent anti-corruption summit hosted by David Cameron, he announced a consultation on an extension of the corporate offence of failing to prevent bribery to other economic crimes such as fraud and money laundering.

 

William Christopher

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