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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll