Received an email recently from John Tredennick, CEO & Founder of Merlin Search Technologies, Inc and thought I’d share with readers,
By Malcolm Trotter, global education and training professional In the pursuit of career ambitions, investing in oneself and securing credible
While our mission is to be one of the world’s leading resources on law, digital and legal technology, helping the
Product liability attorneys play a crucial role in securing the compensation you deserve. Imagine this: you’ve just purchased a new
Finding yourself in a car accident can be a harrowing experience. In the midst of dealing with injuries, insurance claims,
By Amanda Hamilton, Patron of the National Association of Licensed Paralegals (NALP) Paralegals play a vital role in law firms,
How to Write a First Class Law Dissertation – My honours law dissertation, top tips and a great video from an ex-Cambridge professor. Enjoy!
Mr Justice Tugendhat ruled that the allegation of paedophilia was serious and could have damaged the plaintiff’s reputation. Now, I don’t know whether Mr Justice Tugendhat has a profile on Facebook or has any idea about social networking sites, but he should be aware, or have been made aware by the defence, that this type of abuse goes on more than he might imagine, albeit not quite as acerbic, indecent and tasteless as in this case. To be clear, the author does not support this sort of bullying in the slightest.
WardblawG supports the ECtHR move in its entirety and wishes Ms Allison Walls the best of luck. May Justitia swing her sword in her favour.
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Comment
In the author’s personal opinion, it is time for the courts and, perhaps, government to stop sitting on the fence with legal argument that lends itself to squeaky clean judges’ desks. It is quite clear that the public has noted its concern. They realise, (or at least should realise by now!), that banks are businesses unlike any other. And, while the banks might enjoy the benefits of having large capital reserves, somewhat questionable following the recession, the Scottish and, indeed, the British public expect them to be treated as such in the legal systems of the UK. This effective immunity from suit should seriously be reconsidered and, the author hopes, soon.
How to Claim despite Walls being breached
Consumers may be best advised to take the recent shock wave of Allison Walls v Santander with a pinch of salt: there are certain steps, including those from moneysavingexpert.com, which are still worth considering:-
1. Send a style letter and send to the bank;
2. If unsuccessful and the bank continues to charge, send a different style letter to the Financial Ombudsman;
3. If still unsuccessful, consult a reputable solicitor and take the bank to court, but be prepared for considerable legal expenses and long, drawn out proceedings.
Banks would be best advised not to get complacent: a battle may have been won; but the war, most certainly, is not over.
The relatively recent case of Education 4 Ayrshire Ltd v South Ayrshire Council [2009] CSOH 146, CA37/09, concerns the issue of what happens when a contract clearly provides how and when a notice of delay or claims should be given but the parties do not follow the precise form of the notice provisions.
A good theoretical decision in favour of pacta sunt servanda and adherence to what the parties have agreed strictly, it has to be wondered whether this is the right practical decision given that effectively notice, albeit in a different form, had been given. Certainly, I have seen this decision take effect on elements of a recent multimillion pound NPD project, which may have delayed the deal.
The case serves as an important lesson for contractors, not just those involved in PPP / PFI, to take special notice of notice requirements under contracts.