Should you Accept a Decision of the Financial Ombudsman Service?

The Financial Ombudsman Service is designed to offer an independent assessment of a consumer’s complaint against a financial institution or adviser. This service is offered to consumers and small businesses...


E-Receipts & Personal Data

It is becoming increasingly common for retailers to ask customers if they would like an email copy of their receipt. The advantage for the customer is that they are less...


Mental Capacity to Enter into a Contract

In the case of Fehily v Atkinson [2016] EWHC 3069 (Ch) the High Court was asked to determine whether a person who had purportedly entered into an Individual Voluntary Arrangement...


How the Courts Decide a Litigation Case

In the case of Adepoju v Akinola [2016] EWHC 3160 (Ch), Master Matthews has set out invaluable guidance on the way that the court approaches evidence and reaching a judgment...


Damages for False Imprisonment under the Deprivation of Liberty Safeguards

What are the Deprivation of Liberty Safeguards? The Deprivation of Liberty Safeguards (DoLS) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007. They were introduced to...


Data Protection – An Overview

Under current legislation, the Data Protection Act 1998 covers the processing, obtaining, recording and holding of data, or carrying out any operation or set of operations on the data. The...


Implied Term Cannot Save an Incomplete Contract

When agreeing a contract, parties will agree a set of terms that they are both happy with. Sometimes the written contract actually agreed does not cover every aspect of the...


‘Normal Measure of Damages’ and Increase in Properties’ Market Value

For people buying a new build home from a property developer or house builder, the situation can arise where they discover the house is riddled with defects that the seller is...


Decision on Unlawful Imprisonment Successfully Appealed by Secretary of State

A case that I have previously written about in my blog Detention Unlawful for a Period of 10 Months has now been appealed by the Secretary of State. The claimant...


The future of data protection – what you need to know

Data protection is not the most glamorous of subjects. You probably dealt with ‘that  data protection issue’ years ago when the Data Protection Act 1998 came along, made sure all...


Curfew Issued Pending Deportation Determined Unlawful

The case of R (on the application of Abdiwell Gedi) v Secretary of State for the Home Department [2016] EWCA Civ 409 considered whether or not it is legal for...


Slovakian National Entitled to Damages as Torture Evidence not Considered

The recent case of R (on the application of IS) v Secretary of State for the Home Department [2016] dealt with a Slovakian national who had been convicted of conspiracy...