About this blog

Accessible legal tips, know-how and news for anyone with a complaint or legal issue from Stephen Gold, author of The Return of Breaking Law, the book

Wednesday, 18 May 2022

MASTERCARD CLAIM: LATEST

Sorry, you won't get your cheque quite yet. For the  last instalment in the Walter Merricks claim against Mastercard on behalf of us all (well, most of us) see - https://www.breakinglaw.co.uk/search/label/MasterCard%20claim    

Mastercard did not like the ruling that, when someone had had the potential to collect compensation as at 06 September 2016 but had since died, the personal representatives of their estate could step into their shoes. So Mastercard decided to challenge that ruling through an appeal. But they needed permission to appeal. The Competition Appeal Tribunal has just refused permission. If they have the will and the energy, Mastercard could now ask the Court of Appeal to grant permission. However, this should not slow down the preparation for a final hearing. Bigger than Depp and Vardy!

Tuesday, 10 May 2022

NEW DIVORCE LAWS

There have been monumental changes in the divorce laws for England and Wales and they are now all in force. For a full explanation on how they work - with both primary and subordinate legislation covered - treat yourself to my book The Return of Breaking Law. And if you want a free ride or a big taster, take a view of my video (episode 12 - see below) on the subject and enjoy the wallpaper behind me.

Tuesday, 29 March 2022

NEW DIVORCE LAWS: COSTS GUIDANCE ISSUED

As I predicted in my video on the new divorce laws coming into force next week, the President of the High Court's Family Division has issued (just yesterday) guidance on how the courts should approach an application by one party for an order that the other party should pay their costs of proceedings. In fact, the guidance covers not only proceedings for divorce but proceedings for a dissolution of a civil partnership or for separation in marriage and civil partnership where mirror reforms will also come into force on 06 April 2022.

The guidance has a special eye on proceedings that are uncontested and where, because of the legal reforms, the court will no longer be considering the conduct of either party towards the other during their relationship. It makes clear, however, that the conduct of the party being asked to pay the costs of the other party in connection with the actual proceedings, rather than the relationship, may be relevant. This will be particularly so if, for example, the other party has attempted to evade service of court documentation and increased the costs as a result. Raising spurious or unreasonable arguments in proceedings will also be taken into account and could lead to a costs order.

This guidance in no way affects current proceedings or those which are started between now and 06 April 2022. This means, as I have been suggesting, that bringing proceedings under the current laws may well make it more likely that the blameless party will score on costs than under the new laws.

All is explained in my video which you can access by clicking on the video image in one of the posts below. 






Wednesday, 16 March 2022

NEW DIVORCE LAWS START ON 6 APRIL 2022: VIEW FREE VIDEO

The Divorce, Dissolution and Separation Act 2022 WILL be fully in force on 06 April 2022. It's official. Thank the commencement regulations which have now been made - SI 2022/283.

Bring proceedings now or wait until 06 April 2022. How will the new laws work? For painless answers to these and other questions, click on my free video and settle down for twenty minutes......with a drink. 

Friday, 11 March 2022

NEW DIVORCE LAWS EXPLAINED FOR LAWYERS & NON-LAWYERS ON FREE VIDEO

It is all due to be happening on 06 April 2022. That's when the new divorce laws will come into force. In my free to view video, I explain how they will work and whether anyone after divorce or civil partnership dissolution should bring proceedings under the current law before 06 April or wait for the new laws to arrive. Account is taken of all the relevant legislation as well as the amended practice directions.



Thursday, 10 March 2022

MASTERCARD CLAIM: LATEST

If you are after collecting a few bob without having to strain yourself, you will know all about the Mastercard claim brought by Walter Merricks in the Competition Appeal Tribunal. If you don't, take a look at https://www.breakinglaw.co.uk/search/label/MasterCard%20claim

Where are we with this claim? Yesterday 09 March 2022 on the latest preliminary skirmish, the Competition Appeal Tribunal ruled that where someone who had the potential to collect compensation as at 06 September 2016 has since died, their claim will live on through the representative of their estate. This will add in an estimated three million extra claims. The Tribunal also gave permission for interest on compensation to be sought at the higher rate of 5% above base rate which raises the £14 billion being sought on behalf of UK consumers by up to £2.7 billion.

The case will move to a further hearing at the end of July 2022 when it is expected that a timetable for a trial will be set. A bit early to apply for tickets for the front row stalls.