Following an emphatic victory for our Claimant client in the Technology and Construction Division of Central London County Court, the Defendant tried to appeal, challenging almost every finding of fact. In the High Court Kerr J dismissed the application for permission to appeal, referring by analogy to the Court of Appeal’s unwillingness to investigate findings of fact made by the [...]
Thousands of borrowers who took out shared appreciation mortgages with Bank of Scotland or Barclays in the 1990s are being urged by a law firm to join a new legal battle against the banks. The law firm, Teacher Stern, has spent more than a year tracking down borrowers who took the loans and This is Money can reveal that they [...]
Teacher Stern is pleased to announce that with effect from 1 May 2017, Clare Toomer will become a Junior Partner in the firm. Clare joined Teacher Stern as a trainee in 2008 and after qualifying into the Commercial Dispute Resolution department has gone from strength to strength. Clare has been part of the continuing growth of the department and her [...]
After a number of years of consultation the long awaited Insolvency (England and Wales) Rules 2016 will finally come into effect today. The new regulations aim to provide a modern and concise guide for Insolvency Practitioners and other relevant stakeholders and will consolidate various amendments made to the original rules introduced in 1986. If these intended reforms work, they will [...]
Christopher Philpot, Senior Associate in Teacher Stern’s dispute resolution department, has been interviewed on the BBC’s One Show in relation to a potential claim being organised against both Bank of Scotland and Barclays for compensation relating to Shared Appreciation Mortgages that were sold between 1996 – 1998. The programme was aired on BBC One on Monday 3rd April 2017 at [...]
Section 393 of the Financial Services and Markets “FSMA” Act 2000 provides that, if an FCA warning or decision notice “identifies”, prejudicially, an individual who is not the subject of the notice, that individual must be given the opportunity to respond to the criticism made, before the notice is made public. As prejudicial comments by the FCA can cause significant, [...]
The details of how Bank of Scotland rushed older borrowers into hugely expensive mortgages where their debt rose with house prices have been revealed by a This is Money investigation. Evidence has emerged that the bank - which has previously been criticised for sharp sales practices - hurried customers approaching retirement into signing up to shared appreciation mortgages without financial [...]
This article discusses the recent decision of the High Court in The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch), in which it was held that communications with lawyers and working papers prepared by clients and their lawyers (whether in house or external) for the purposes of obtaining and giving legal advice, will not necessarily be privileged from disclosure if [...]
Congratulations to Rebecca Calver in our Dispute Resolution team who was admitted today. Rebecca joined Teacher Stern as a Qualified Australian Solicitor in October 2014, undertook the Qualified Lawyer Transfer Scheme examinations and has now been admitted as a solicitor in England and Wales.
After an extended period of consultation and drafting the Insolvency (England and Wales) Rules 2016, were published and laid before Parliament on 25 October 2016. The new rules will come into effect on 6 April 2017 and will represent the most significant change to the procedures relating to almost all types of insolvency process since 1986. The underlying primary legislation [...]
