header-logo header-logo

03 September 2015
Issue: 7666 / Categories: Legal News
printer mail-detail

Consumers in the insolvency queue

The Law Commission has set out proposals for greater consumer protection when a retailer goes bust.

The Commission examined 20 well-known high street insolvencies occurring between 2008 and 2014, as well as a number of smaller retailers.

Writing in NLJ this week, Stephen Lewis, Laura Burgoyne & Conor McLaughlin of the Law Commission explain they decided against the calls of some consumer bodies for all consumers to be paid in priority to other creditors as not practical or proportionate. This was because of the other interests involved, including employees, secured creditors and other unsecured creditors such as suppliers and self-employed contractors.

Instead, they suggest that there may be a case for a “limited preferential category of consumer claims where more than £100 has been paid in the three months leading up to insolvency, and where no other protections are available”.

This “would benefit consumers who part with significant sums in cash or by cheque,” they write.

Issue: 7666 / Categories: Legal News
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll