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Bank Law Blog Bank Law Blog

An idiosyncratic selection of news in the world of English bank law.

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Last Entry: July 08, 2010 at 09:41:02

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Mortgage arrears - pre-action protocol proposed

Posted on March 05, 2008
The Civil Justice Council (”We promote the needs of civil justice in England and Wales and monitor the system to ensure that progress to modernise it continues.”) has issued a consultation paper on a Mortgage Arrears Protocol.   This is going to be of interest to amongst others, lenders to residential developers...


Mortgages - house points?

Posted on March 05, 2008
Just when you thought regulation of financial products couldn’t get any heavier, see the front page of today’s FT and its banner headline “Darling to push ?gold standard? mortgages“. Alistair Darling is going to propose that all mortgages in Britain will be graded and the least risky will be given an official seal of approval...


Execution clause - single director from 6 April 2008

Posted on March 03, 2008
Do you need to have a look at your standard company execution signing block? Companies will be able to execute deeds on the signature of a single director that has been witnessed, from 6 April 2008.  The Companies Act 2006, section 44 makes the change...


Insolvency set-off - building societies

Posted on February 27, 2008
The Financial Markets Law Committee have published their December 2007 paper proposing that the mandatory insolvency set-off rule should be applied to building societies and incorporated friendly societies.   Insolvency Rule 4.90 doesn’t apply to them at present...


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Delay on new Insolvency Rules

Posted on February 26, 2008
The Insolvency Service have said the timetable for introducing new Insolvency Rules that update the 1986 ones has slipped back to 1 October 2009.  The details are here. 


OFT credit card comparisons

Posted on February 11, 2008
The OFT has today published its report into the difficulty consumers have in comparing credit cards.  It makes a series of recommendations to help consumers choose a credit card, the most significant being the recommendation that the FSA offer a price comparison website...


Loan: was it residential? commercial?

Posted on February 11, 2008
The court has decided that a borrower who took out a loan on a property that was partly residential and partly commercial was a consumer.  This meant that in that particular case, the Unfair Terms in Consumer Contracts Regulations 1999 applied. The lender was unable to impose an early redemption penalty as it was held to [...


Running onto the Rock?

Posted on February 06, 2008
Two items of interest to note in the aftermath of Northern Rock: the House of Commons Treasury Committee report that analyses the causes and consequences of the run on Northern Rock and the publication by HM Treasury, the Financial Services Authority and the Bank of England of a consultation document outlining proposals “to strengthen the framework [...


Bank charges case

Posted on January 29, 2008
In case you are not attending court in person to watch proceedings, you can see the BBC’s comments on the test case on bank charges at this page.   Some of the comments are tantalising.  Bank Law Blogger is not snoozing away the working day in the arms of Morpheus in the International Dispute Resolution Centre and so [...


Implementation of the Payment Services Directive

Posted on January 28, 2008
The Government have issued this consultation document showing how it proposes to implement the PSD.  It explains where the Government has some flexibility. It looks at the type of firms which will be subject to the requirements of the PSD; the conditions for waiving the application of the prudential authorisation requirements; the waiving of some [...


Duty of bank in customer relationship

Posted on January 21, 2008
In a case involving the operation of a bank account, consideration of the complex facts of the particular case led the court to hold that the director of the claimant company account holder had given authority for the transfers (which happened to ease his personal financial difficulties)...


Empty property rates relief for companies in administration

Posted on January 10, 2008
The Government (the Department for Communities and Local Government) have announced a permanent exemption from empty property rates for companies in admininstration that redresses the anomaly shown up by the Trident case, that companies in liquidation, but not administration, have such an exemption...


Silver linings and other cliches

Posted on January 09, 2008
In the period of Christmas quiet , it has been easier than usual to spot patterns of publishing in the trade rags. It’s a rare disaster that brings no good to lawyers, and the credit crunch is no exception. On the surface it is more surprising that it also benefits bankers...


Statement of principles for banks and business

Posted on January 09, 2008
The BBA issued a summary of its statement of principles for banks and business on its nice new website on 8 January 2008.  So far as I know, there are no changes to the existing statement of principles which sets out how high street banks deal with their business customers who borrow from them...


Leased plant and machinery

Posted on January 08, 2008
HMRC has been spending a bit of time drafting laws to prevent people avoiding tax on “mismatched chains of leases” and on leases granted at a premium.  They have published a Technical Note with draft legislation to be included in the Finance Bill 2008, that affects: 1...


Buy-to-let funding - CCA exemption?

Posted on January 07, 2008
The Department for Business Enterprise and Regulatory Reform has issued a consultation paper on proposals to exempt buy-to-let lending from regulation under the Consumer Credit Act 1974, as amended by the Consumer Credit Act 2006. In April 2008, the financial limit of £25,000 for agreements regulated by the CCA will be abolished, extending the protection of the [...


Companies Act 2006 ? news on implementation dates

Posted on December 14, 2007
At last we know when the restrictions on private companies granting assistance for the acquisition of their own shares will come into effect under the Companies Act 2006. BERR (or rather, the equally sillily-named ?The Minister for Competitiveness?) has announced the revised implementation dates for the parts of the Companies Act 2006 that originally were [...


Can you lie to a machine?

Posted on December 11, 2007
A judgment of staggering dullness, unless you ever wanted to understand how car dealership agreements work, has shown that a fraudulent misrepresentation could be made to a machine acting on behalf of a person, rather than to an individual.  This is if the machine were set up to process certain information in a particular way and would not [...


Companies Act 2006 - loan documentation

Posted on December 10, 2007
The Association of Corporate Treasurers have published a briefing note, “The Impact of the UK Companies Act 2006 on Loan Documentation.”   Bank Law Blogger is being deeply altruistic in telling you about this as she herself has written Issues for Lenders, only last month, but the ACT note goes into a bit more detail on [...


Consumer Credit Act consultation opens

Posted on December 03, 2007
HMT and BERR have published a consultation document on proposed changes to the Consumer Credit Act 1974 to prevent the dual regulation of mortgages. The consultation paper, Regulation of Modified Credit Agreements asks for views on a proposed change to the Act to ensure that the regulatory regimes of the Financial Services Authority and the [...


2-4-6: cheque clearing

Posted on November 29, 2007
APACS have announced that from 30 November 2007, changes to the cheque clearing process will come into effect.  The changes, known as 2-4-6 are designed to benefit any person who accepts a cheque, banker?s draft or building society cheque.  The Cheque & Credit Clearing Company have issued a set of FAQ’s...


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