John Tillman, Rebecca Newell and Vera Mayzel of Hogan Lovells report on a recent case resolving key tension between insolvency policy and arbitration policy. Madeline Hirschfield and Daniela Vella of Hogan Lovells report on an application for permission for judicial review of decisions made by the FOS. Ruth Bala of 4 Pump Court reports on a decision dismissing a judicial review claim of the FOS’s determination of client classification.
30 SEP 2024Sam O’Leary and Sandy Phipps of One Essex Court and Ruth Bala of 4 Pump Court report on recent banking law cases
31 JUL 2024A trial of alleged mis-selling of shared appreciation mortgages (SAMs) by Bank of Scotland plc (BoS) is listed for early 2024. In this article Benjamin Pilling KC and Ruth Bala of 4 Pump Court review the issues in the case. Does the “excessive” finance charge generate an “unfair relationship”? Will the court be willing to use the “unfair relationship” provisions to rewrite a mortgage, where there was full disclosure upon inception of the level of the finance charge (c.f. PPI, where the high level of commission was undisclosed)? The authors also consider limitation.
1 JAN 2024