Miranda Jenkins | Mayo Wynne Baxter

Consumer Rights Act 2015

Consumer Rights

The Consumer Rights Act 2015 brings in many changes to consumer law which will affect both consumers and businesses alike. Rights and remedies available to consumers have been clarified and confirmed. Businesses and traders can be clearer on their obligations too. The Act replaces the majority of the ‘big three’ pieces of consumer legislation –… Read the rest of this post (No Comments)

Ilott v Mitson and others – Challenging a Will

Wills testament for blog

The recent case of Ilott V Mitson and others [2015] EWCA Civ 797 has upheld the challenge by a disinherited daughter to seek financial provision from the Estate of her estranged mother, but increased the award given to the daughter. This case has helped clarify the law in contentious probate and drawn the public’s attention… Read the rest of this post (No Comments)

Data protection, loss of data and compensation

Internet Security System

A recent Court of Appeal decision has changed the rules on compensation for data protection breaches, so that compensation may be awarded for a breach, even if no financial losses have occurred. This will have implications for many businesses, including the Travel industry and those who control and hold customer data. The case of Google… Read the rest of this post (No Comments)

New law on alternative dispute resolution for traders and consumers

Boxing gloves

Consumer rights are important when problems arise between a consumer and a trader (including retailers and distributors. If a problem or dispute arises, a consumer should first notify the trader to try to resolve that dispute direct. If they cannot resolve the dispute between them, then there are few options open to the consumer. Legal… Read the rest of this post (No Comments)

Fuller v West Sussex County Council [2015] EWCA Civ 189

The requirement for a causal link between a breach of Regulation 3 of the Management of Health and Safety at Work Regulations 1999 (risk assessments), and Regulation 4 of the Manual Handling Operations Regulations 1999, and a personal injury. Fuller v West Sussex County Council [2015] EWCA Civ 189 Summary. The Claimant, Ms Fuller, was… Read the rest of this post (No Comments)

McIlroy’s mediation fails so he is off to trial – why mediation matters

Rory McIlroy

World-famous golfer Rory McIlroy has failed to resolve his dispute with his former agent Horizon Sports Management and two other companies through mediation and is now facing a full hearing next year. Mr McIIroy is in a dispute over fees, with the golfer claiming that the representation agreement signed by him is invalid and unenforceable… Read the rest of this post (No Comments)

To be a Director or not a Director – that is the question?

Director job title on nameplate

A recent decision by the Court of Appeal has upheld a finding that a director of a holding company had not become a director of its subsidiary company. This meant that the director of the holding company had not infringed his duties as a director and become open to possible action against him by the… Read the rest of this post (No Comments)

The end of Glee?

Vittoria

A battle is being fought over the use of the name ‘the Glee Club’, which has been registered as a trademark. The High Court have recently made their decision over the use of the phrase and found against the broadcasting powerhouse Twentieth Century Fox, meaning a re-name and re-brand of the TV show in the… Read the rest of this post (No Comments)

The sun is out but assets can still be frozen

Frozen Assets 2

A Russian tycoon, Sergei Pugachev, has been served with an order freezing $2 billion of his assets by the UK High Court in an insolvency matter. This will mean that he cannot sell his properties or cars, or spend the money in his bank accounts. A liquidator has been appointed to deal with the now… Read the rest of this post (No Comments)

When bankruptcy looms…

Debt Word And 3d Character Showing Bankruptcy And Poverty

Bankruptcy is looming for Anna and Owen in Coronation Street, after Owen’s business has failed and their mortgage payments are overdue. Many people will empathise with the financial troubles of the soap couple as they face the bailiffs and possible bankruptcy. Newspapers have also recently reported that more women aged 18 – 25 are going… Read the rest of this post (No Comments)