Supreme Court rules on Trust Deed appeal
On 31 October 2018 the Supreme Court issued its Judgment in the appeal of Dooneen Ltd (t/a McGinness Associates) and another (Respondents) v Mond (Appellant) (Scotland)  UKSC 54.
Interruption of the prescriptive period - new case law
A recent case at Edinburgh Sheriff Court has looked again at the manner in which the prescriptive period (i.e. the time period after which a claim expires, often referred to as 'time bar') in Scotland can be interrupted.
Extinction of claims reform: A repeat prescription?
On 5th September, the First Minister of Scotland delivered her Programme for Government 2017/18 and set out the key legislation which will be introduced to parliament in the coming year.
Are you haPPI now...?
A recent decision at Glasgow Sheriff Court has given guidance on the circumstances in which it is appropriate for a former trustee in receipt of a PPI refund to apply to be re-appointed to a sequestrated estate.
21 questions, 21 steps - new guidance on vulnerability launched this week
Shoosmiths has contributed to the latest industry guide on vulnerability.
Are you ready for the Debt Pre-Action Protocol?
This article looks at the forthcoming pre-action protocol for debt claims in its current form, with an anticipated implementation date around October this year.
Late payment reporting regulations identify good payers
This article looks at the draft regulations for limited liability partnerships and companies known as the Reporting on Payment Practices and Performance Regulations, 2017.
Contract drafting and the impact on disputes
This article looks at the case of First Personnel Services Limited and Halfords Limited, 2016.
It is not the Ombudsman's obligation to apply the law
A recent case demonstrates the role of the Financial Ombudsman Service and the importance for creditors of seizing the opportunity to put their case across to FOS when they have the chance
Examining the conduct of directors and personal liability - a recent case
This article looks at the case of BTI 2014 LLC and BAT Industries Plc v Sequana SA, 2016.
Traffic Commissioners and leased or financed vehicles - Updated Guidance for Owners
The senior traffic commissioner for Great Britain has updated guidance which will assist lease and finance companies trying to recover impounded vehicles.
All aboard the insolvency express
As we reach the 30th anniversary of the Insolvency Act 1986, the legislators have clearly decided it is time to dust the profession down and bring out a shiny new model for us to hop aboard and take a journey (for some) into the unknown.
What is 'reasonable' when a lender seeks to take possession of a property?
A lender in Scotland requires to take 'reasonable' steps to agree proposals with their customers before embarking on court proceedings for possession of a residential property.
Vulnerability, guidance, guidance and more guidance!
You could be excused from thinking that guidance on vulnerability is a bit like the buses. Nothing comes for a while and then three come together!
Will 'online dispute resolution' have its day in Court?
The Online Dispute Resolution Advisory Group produced a report in February 2015 which supports a movement towards online dispute resolution (ODR).
Changes to enforcement via High Court Enforcement Officers
Following the implementation of the Tribunals Court Act 2007 on 6th April 2014, the government has made a number of changes to enforcement via the High Court Enforcement Officers.
Ruling benefits companies serving legal proceedings to debtors living outside UK
Lauren Lee, finance litigation solicitor at Shoosmiths LLP, highlights the outcome of a court case which could benefit companies looking to serve legal proceedings on debtors living outside the UK
Practical advice on treating potentially vulnerable customers fairly
A briefing note by the Royal College of Psychiatrists and the Money Advice Trust entitled
The Big Bang: Where are we now?
For many, the Big Bang was not quite the explosion everyone was expecting.
Draft Consumer Rights Bill Published
The Draft Bill was published on 12 June 2013 and will represent the biggest overhaul of consumer law for decades.
Mental health and best practice: Appropriately processing data from individuals with mental health problems under the Data Protection Act (1998)
The joint Money Advice Liaison Group (MALG) and Royal Collage of Psychiatrists (RCP) brefing note on appropriately processing data from individuals with mental health problems was released on 4 April 2013.
Civil Procedure Rules - The Big Bang: But what does it mean for you?
Lord Justice Jackson completed his year long review of costs in civil litigation in January 2010, when his final report was published.
FOS award no longer end of the road for claimants
In late December 2012, the High Court heard the appeal in Clark v In Focus Asset Management and Tax Solutions Limited.
Supreme Court decision on legal advice privilege
The Supreme Court today handed down its decision in the case of R (on the application of Prudential plc and another) (Appellants) v Special Commissioner of Income Tax and another (Respondents)  UKSC 1.
Are you breaching your ongoing duty of care under the Data Protection Act?
£325,000 - the largest Civil Monetary Penalty issued to date by the Information Commissioner's Officer (ICO) for breach of the Data Protection Act (DPA).
Top Tips: Debt and mental health
Approximately one in six adults could be living with mental health issues.