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03 September 2015 / Stephen Lewis
Issue: 7666 / Categories: Opinion
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Iron clad?

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Stephen Lewis, Laura Burgoyne & Conor McLaughlin on proposals for greater consumer protection on retailer insolvency

When the Christmas savings club Farepak collapsed in 2006, it owed £37m to financially vulnerable consumers, who rank as unsecured creditors on insolvency. Subsequently, the failure of high street retailers such as HMV and Land of Leather has brought the issue to the fore: what happens to gift vouchers and deposits when a retailer ceases to trade?

Consumer loss

The Law Commission examined 20 well-known high street insolvencies occurring between 2008 and 2014, as well as a number of smaller retailers. It found that most gift vouchers holders were not significantly disadvantaged when the issuing retailer became insolvent. Depending on commercial and legal considerations, administrators may decide to accept gift vouchers during a period of trading in administration, and the amounts held tended to be relatively small (for example, an average of £8.12 in the case of Zavvi).

Where prepayments took the form of deposits for pre-ordered goods, the value of individual prepayments and the total amount of consumer funds held by retailers tended

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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