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Dispute Resolution Blog

Pedal to the Metal: Are the Banks Speeding Up the FCA Review Process?

Pedal to the Metal: Are the Banks Speeding Up the FCA Review Process? Posted on Dec 06, 2013 by  | 0 Comments One the most frustrating things about the FCA’s interest rate swap review process is the amount of time it appears to take. It was mentioned time and time again during the course of the recent Westminster debate on swap mis-selling. These delays are made ever more frustrating given that the FCA pilot scheme found that 95% of cases involved non-compliant sales.Following the debate it appears that the FCA has been exerting some pressure on the banks to speed things up....
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1398 Hits

It’s a Penalty (Clause)!



It’s a Penalty (Clause)! Posted on Feb 20, 2014 by  | Tags: commercial, dispute, contract, penalty clause, unenforceable, exit clause,  | 0 Comments By Neil Morrison, Associate, Dispute Resolution “...in ony contract or obligatioun, in name of pane, may not be askit be ony person, bot in sa far  as he is interestit, hurt or skaithit” [Old Scots] Home v Hepburn (1549) Mor. 10033 (Court of Session, Edinburgh)IntroductionIn football when a player falls innocuously in the box, that player’s team’s fans will often scream ‘It’s a penalty!’ even if perhaps the player simply fell over the ball and there was no infringement by...
  842 Hits
842 Hits

Swithering Over A Potential Legal Claim? If You Snooze You Lose!


Swithering Over A Potential Legal Claim? If You Snooze You Lose! Posted on Jul 04, 2014 by Liina Tulk  | Tags: time bar, limitation, scotland, claims, standstill agreement, prescription,  | 0 Comments By Neil Morrison, Associate, and Liina Tulk, Solicitor, Dispute ResolutionIntroductionOften many people will feel that their legal rights have been infringed but for many reasons decide not speak to a solicitor either because they don't want to incur costs investigating if they have a valid claim or because they put it off until they feel ready to focus their attention on it. It is often overlooked  by business owners that...
  1545 Hits
1545 Hits

Spam Wars: Spammed Email Recipients Strike Back!


Spam Wars: Spammed Email Recipients Strike Back! Posted on Jun 10, 2014 by  | Tags: spam, privacy, electronic communications, john lewis, mansfield, dick v transcom, damages, email, opt-in,  | 0 Comments By Neil Morrison, Associate, Dispute ResolutionINTRODUCTIONIt seems even with the most advanced anti-spam software that no email inbox is immune to unsolicited marketing emails known as ‘spam’. It’s a tiresome business trawling through the inbox and deleting the unwanted spam emails. However it is an annoyance which is growing at an alarming rate with unsolicited spam emails now accounting for more than 75% of all emails received in Europe.THE EUROPEAN 'ANTI-SPAM' LAWThe European...
  1457 Hits
1457 Hits

4 Ways to Recover Your Bad Debts!

4 Ways to Recover Your Bad Debts! Posted on Mar 14, 2014 by Liina Tulk  | Tags: debt recovery, commercial debts, Stautory Demand, demal letter, arresment on earnings  | 0 Comments IntroductionOur clients often ask us to assist them with recovering overdue invoices and debts from parties who have delayed or failed to pay them on time. In Scotland there are several ways to recover commercial debts and it often depends on the circumstances of the case which of the options is most suitable. While debts can be recovered through courts, most of our clients wish to avoid having to raise...
  1476 Hits
1476 Hits

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