Case Law - CCA / Banking

[labman]

Re: Case Law - CCA / Banking

A few more:

[labman]

Re: Case Law - CCA / Banking

.... and another few. Apologies if already on here - just looking through a few I've got. Shed loads more saved!

[labman]

Re: Case Law - CCA / Banking

There are a few more interesting judgments that need a mention.


Durkin

Here you go, already done the others!

[Amethyst]

Re: Case Law - CCA / Banking

can't find judgments for
Link Financial Limited v Opie - Plymouth County Court
Phoenix Recoveries v Dr Ian Cresswell (RIP) Birmingham County Court

rest mostly uploaded to homepage and linked in alphabetical order. I will go through and do basic summaries xx thanks for your help :beagle2222:

[Nibbler]

Re: Case Law - CCA / Banking

Phoenix Recoveries v Dr Ian Cresswell (RIP) Birmingham County Court

PHOENIX RECOVERIES (UK) LTD SARL v DR IAN C [2011].pdf

[MIKE770]

Re: Case Law - CCA / Banking

Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013)

[labman]

Re: Case Law - CCA / Banking

COUTTS & CO (an unlimited company)

- and -

GABRIEL OSCAR ALAN SEBESTYEN

[Amethyst]

Re: Case Law - CCA / Banking

http://www.lawgazette.co.uk/practice...039233.article
''High Court bucks Mitchell trend after 'trivial' missed deadline''

he added that relief from sanctions could be granted as the post-Mitchell relationship between justice and procedure ‘has not changed so as to transform rules and rule compliance into trip wires’.

In his summary, Oliver-Jones said to refuse relief would be a ‘disproportionate response’ on the basis of the solicitor’s ‘regrettable but not egregious’ errors.

He said: ‘As the decision in Mitchell now underscores, we are now in a new ‘era’ or ‘culture’ that must take a ‘no-nonsense approach’.

‘However, the starting point in an application for relief from sanction is to consider the nature of the non-compliance.’

What happened in these cases, he added, was a ‘failure of form rather than substance’ and could ‘properly be regarded as trivial’.

Oliver-Jones said that if the pressure of work was cited as the reason for non-compliance, relief from sanctions would not be granted, but that a lack of knowledge of holiday arrangements could be treated with a tolerant approach.