Article Category: Dispute Resolution – Insight & Opinion

Misrepresentation in Contract Law

Misrepresentation of the facts in contract law can quite rightly, have financial consequences. The importance of making true and accurate representations when encouraging a party to enter into a contract was highlighted in a well-publicised case in 2018, where a premium dating agency was ordered by the High Court to refund a client £12,600 after… Read more »

Contentious Probate: how to deal with relatives squabbling over the estate

Contentious Probate Q&A My father has recently passed and I am the executor of his estate. He had a lot of personal effects, which my relatives are squabbling over. What should I do? These personal effects are called chattels. As executor, it is your duty to collect his personal effects and distribute them to the beneficiaries of… Read more »

Mis-sold tax avoidance scheme: can I claim against my tax adviser?

If you are self-employed and/or run a business, tax is probably something your tax adviser (often your accountant or independent financial adviser) helps you with. Tax advisers should, and usually do, help you to find the best tax products for your business, i.e. those that will limit the tax you pay while ensuring that any… Read more »

The Royal Bank of Scotland Plc ring-fencing transfer scheme

What has happened at the Royal Bank of Scotland? Ahead of the January 2019 deadline the Royal Bank of Scotland Plc has made changes to its structure, to comply with the UK ring-fencing legislation. The ring-fencing legislation requires each large UK bank to separate their core retail banking services (such as current and savings accounts)… Read more »

The Consumer Rights Act 2015: What businesses should be aware of

The Consumer Rights Act 2015 offers protection to consumers when they enter into contracts for the supply of goods, services and digital content. It also offers protection in relation to unfair terms in a contract. As a business owner, it’s important to make sure you’re aware of the ins and outs of the Consumer Rights… Read more »

Greater access to the Financial Ombudsman Service: What this means for SMEs

On 16 October 2018, the Financial Conduct Authority (FCA) published ‘near-final’ rules confirming its intention to extend access to the Financial Ombudsman Service (FOS) to more small and medium-sized enterprises (SMEs). What does this mean for SMEs? Currently, the FOS only accepts complaints from “micro-enterprises”, which covers those businesses with an annual turnover of up… Read more »

Independence Of Regulators: Are They Truly Independent?

The independence of regulators is often called into question with many wondering, how independent are disciplinary and arbitration panel’s when they are appointed, trained and retained largely at the discretion of the governing bodies? And, is there a case for regulators to make it clearer to those under investigation that the decision-making panel or tribunal… Read more »