All articles by Greg Standing

Casebook: It’s a matter of timing

Securing judgments by way of charging orders over property is a popular way for finance companies to enforce against debtors. Often, this process is a race against time before a bankruptcy or winding-p order is made. Therefore, it is important to know when a bankruptcy order, or winding-up petition, comes into force.

Casebook: ‘Without prejudice’?

The use of the words without prejudice on correspondence or in a meeting where there is a dispute over a finance agreement can potentially lull the parties into a false sense of security.

Casebook: Guarantees – indemnities – that old chestnut

In the absence of an express provision to the contrary in the guarantee, any bilateral variation of the contract between the creditor and debtor, such as the giving of time by the creditor to the debtor to pay, will usually discharge the liability of the guarantor

Casebook: Unfair terms in consumer contracts

In consumer contracts entered into on a businesss standard terms, the court can find on a claim by an individual consumer that a term is unreasonable and unenforceable as against that particular consumer In addition, the court can also hold, on a general challenge by a body not a party to the contract, that such a term is unreasonable and unenforceable in all such consumer contracts entered into by that business

Casebook: Payment by instalments

In these difficult financial times it is not unusual for a debtor to ask for additional time to pay outstanding finance instalments, or any judgment that might have been obtained against him.

Casebook: Charging orders remain enforceable indefinitely

Having obtained a judgement following default in payment of finance agreement, the obtaining of a charging order over the debtor’s property is an effective way of ensuring that the judgement is secured and that payment will, ultimately and subject to equity, be made. The debtor cannot sell the property without first clearing off the charge.

No contractual effect

In ING Lease (UK) Ltd v Harwood a director unsuccessfully attempted to escape liability under a personal guarantee by alleging an agreement had been reached in negotiations that he would not be personally liable. ING provided finance to a group of companies which was personally guaranteed by the groups chief executive, Harwood

Damages for fraudulent misrepresentation as to ability to supply cars

Damages for fraudulent misrepresentation as to ability to supply cars The case of Parallel Imports (Europe) Ltd (TA Baglan Car Centre) v Radivan & Anor is a reminder to dealers that care needs to be exercised where there is a history of trading with a supplier

Casebook: Serving proceedings

Lenders issuing and serving proceedings to include repossession for non-payment, debt recovery, fraud loss recovery and recovery of debitable commission, need to be aware of the changes to the rules on service of proceedings in England and Wales which came into effect on 1 October 2008.

Funding options for litigation