Published Work 2016

• What next for mortgage lending and representative group actions?
  Property 118 Action Group v West Bromwich Mortgage Company [2016] EWCA Civ 496
  Journal of the Chartered Institute of Legal Executives September 2016

• Financial Services Case Law Digest
  Journal of the Chartered Institute of Legal Executives September 2016

• Education charity's new training centre was economic activity attracting £135,000 VAT bill
  Longridge on the Thames v. HMRC [2016] EWCA Civ 930
  David Bowden Law September 2016

• SCCO considers validity of assigned CFA
  Azim v Tradewise Insurance Services Ltd
  Lexis PSL September 2016

• VAT liability for consumer credit intermediaries used by pay day lender
  Dollar Financial UK Ltd v. HMRC [2016] UKFTT 598 (TC)
  David Bowden Law September 2016

• Refusing a liquidator's wrongful trading application
  Re Ralls Builders Ltd (in liquidation) - [2016] EWHC 1812 (Ch)
  LexisPSL September 2016

• Does lending by a family run business to a builder need FCA authorisation?
  Newmafruit Farms Limited v. Alan Pither [2016] EWHC 2205 (QB)
  David Bowden Law September 2016

• Bankruptcy order refused where creditors issued petition for ulterior purpose
  Glenn Maud v. Aabar Block and Edgeworth Capital [2016] EWHC 2175 (Ch)
  LexisPSL September 2016

• Vogue is distinctive enough to be registered as an EU trade mark for cleaning or toilet preparations
  Trinity Haircare AG v. EU IPO & Advance Magazine Publishers Inc - Case T 453/15
  David Bowden Law September 2016

• Mis-selling claim by couple for poorly performing investments sold by bank's pushy ex-salesman dismi
  Les and Janet O'Hare v Coutts & Co - [2016] EWHC 2224 (QB)
  David Bowden Law September 2016

• This term's commercial law cases for the Supreme Court
  October to December 2016
  David Bowden Law September 2016

• This term's Privy Council commercial law cases
  October to December 2016
  David Bowden Law September 2016

• Advocate General's opinion is that a bank's secure messaging system is a 'durable medium'
  BAWAG PSK Bank fur Arbeit & Wirtschaft AG v. Verein fur Konsumenteninformation - Case C 375/15
  David Bowden Law September 2016

• Financial Services Case Law Digest
  Round up of cases from 1st half of 2016
  Journal of the Chartered Institute of Legal Executives August 2016

• Judge refuses both wrongful trading claim and director's disqualification order
  Grant & Tickell v. Ralls, Ralls & Hailstones [2016] EWHC 243 (Ch)
  LexisPSL August 2016

• Don't bank on ATE recovery when the horse has already bolted
  Kai Surrey v Barnet & Chase Farm Hospital [2016] EWHC 1598 (QB)
  David Bowden Law August 2016

• Supreme Court applies Greek law in assessing compensation for holidaying UK driver in Greece
  Tiffany Moreno v. The Motor Insurers' Bureau [2016] UKSC 52
  David Bowden Law August 2016

• Disputed solicitor and own client costs in contested right to light case
  Dr Rahimian and Scandia Care Ltd v Allan Janes LLP [2016] EWHC B18 (Costs)
  David Bowden Law August 2016

• High court rules new Labour Party members can vote in forthcoming leadership election
  Evangelou, Leir, Fordham, Granger & FM v. Ian McNicol [2016] EWHC 2058 (QB)
  David Bowden Law August 2016

• CMA wants banks to follow Uber model to improve competition in SME banking market
  Competition & Markets Authority 'Retail banking market investigation' final report
  David Bowden Law August 2016

• Sex change pension rights prove too difficult for UK courts to sort out
  MB v. Secretary of State for Work and Pensions [2016] UKSC 53
  David Bowden Law August 2016

• Court of Appeal reserves judgement on whether new Labour Party members can vote for party leader
  Ian McNicol v. Christine Evangelou and others A2/2016/3148
  David Bowden Law August 2016

• Court of Appeal rules new Labour Party members cannot vote in 'crowd funded' leadership election challenge
  Ian McNicol v. Christine Evangelou and others [2016] EWCA Civ 817
  David Bowden Law August 2016

• University ordered to disclose sensitive ME clinical trial data by information rights tribunal
  Queen Mary, University of London v. ICO and Alem Matthees [2016] UKFTT 2015_0269 (GRC)
  David Bowden Law August 2016

• Mortgage fraud alleging vicarious liability of broker for its dishonest agent's acts to go to trial
  Frederick and Redmond v. Positive Financial Solutions (Financial Services) Ltd [2016] EWHC 2030 (Ch)
  David Bowden Law August 2016

• High Court makes costs managment order even after parties have run up £1.8million in trial preparation costs
  Signia Wealth Ltd v. Marlborough Trust Co Ltd & Duariac-Stoebe [2016] EWHC 2141 (Ch)
  Daivd Bowden Law August 2016

• SCCO rules CFAs in personal injury case were validly assigned
  Mohammed Azim v Tradewise Insurance Services Ltd [2016] EWHC B20 (Costs)
  David Bowden Law August 2016

• Inheritance money wrongly paid to insolvent lawyers has to be repaid to estate in take over fraud case
  Lyons and Kerr v. Andrene Kerr-Robinson [2016] EWHC 2037 (Ch)
  David Bowden Law August 2016

• Shopping around for favourable expert evidence
  Allen Tod Architecture Ltd v. Capita Property and Infrastructure Ltd - [2016] EWHC 2171 (TCC)
  David Bowden Law August 2016

• Supreme Court refuses to take loss of opportunity damages case
  Hughes v. Pendragon Sabre Ltd t/a Porsche Centre Bolton - UKSC 2016/0037
  David Bowden Law August 2016

• Reshaping the authorisation to practice process
  Implications of lawyers being regulated by the Bar Standards Board
  LexisPSL July 2016

• One year on - bar entities pleased they broke away
  Law Society Gazette July 2016

• Court of Appeal considers race bias claim against the BSB
  Miss Daphne Evadne Portia O'Connor v. Bar Standards Board
  David Bowden Law July 2016

• Highlights of AGM and Board answers to submitted questions
  FCA's Annual General Meeting 2016
  David Bowden Law July 2016

• Court of Appeal dismisses pub operator's claim for improvement costs against pub owner
  Preedy & Baker v. Dunne, Blue Mango Investments & the Albert Arms
  David Bowden Law July 2016

• Green light given to lender to enforce stale possession order by the Court of Appeal
  Amber Homeloans Limited v Darbyshire - B5/2015/1624
  David Bowden Law July 2016

• Liability of cruise operator to passengers for norovirus infection upheld by Court of Appeal
  Swift v. Fred Olsen Cruise Lines [2016] EWCA Civ 785
  David Bowden Law July 2016

• Stamp Duty Land Tax changes for businesses
  New rules from HMRC
  Journal of the Chartered Institute of Legal Executives June 2016

• Court of Appeal considers whether bank should bear losses from 'sale & rent back' scheme
  Mortgage Express v Lambert
  LexisPSL June 2016

• Mortgage Express v Lambert
  The case law and authorities relied on in the Court of Appeal
  LexisPSL June 2016

• Court of Appeal considers scope of receiver's duties and whether 2nd court claim is abuse of process
  Ahmad & Zanrose Developments v Bank of Scotland PLC , PriceWaterHouse Coopers PLC & GVA Grimley Ltd
  David Bowden Law June 2016

• Civil appeal granted where existence of lender's critical documents surfaced at unsucessful criminal trial
  Santander Asset Finance PLC v. Richard Dixon
  David Bowden Law June 2016

• Court of Appeal makes respondent's costs order even where appellant won on one issue
  Julie McMullon v Secure the Bridge Limited [2016] EWCA Civ 563
  David Bowden Law June 2016

• Court of Appeal considers consequences of lender's error in cancelling its registration with HMLR
  Paul & Susannah Evans v NRAM PLC A3/2015/2002
  David Bowden Law June 2016

• Solicitor slashes insurance costs through bar regulation
  David Bowden interviewed for the Law Society Gazette
  Law Society Gazette June 2016

• Steely Ladies - Divided Court of Session ruling on solicitor's professional negligence conveyancing claim
  Northern Rock Asset Management PLC v Jane Steel and Bell & Scott LLP
  Lexis PSL May 2016

• Stamp Duty Land Tax
  New rules from HM Treasury and HMRC
  Journal of the Chartered Institute of Legal Executives May 2016

• Court of Appeal considers whether it was unfair to business borrowers to raise interest rates by 2%
  Property Action Group 118 v West Bromwich Building Society
  Lexis PSL May 2016

• Property Action Group 118 v West Bromwich Building Society
  The case law and authorities relied on in the Court of Appeal
  LexisPSL May 2016

• Court of Appeal refuses to extend constructive notice in re-mortgage case beyond s199 of the LPA
  HSBC Bank PLC v Mrs Elilah Rahman
  David Bowden Law May 2016

• CJEU rules insolvency courts must determine unfair contract terms challenge in sub-prime lending case
  Radlinger v. Finway AS Case: C-777/14
  David Bowden Law May 2016

• Court of Appeal dismisses cross border challenge to jurisdiction of insolvent Gibraltar insurer
  Rodney Mark Gardner v Lemma Europe Insurance Company Limited (in liquidation)
  David Bowden Law May 2016

• Shifting the burden - the CFA assignment issue goes on
  Jones v. Spire Healthcare Ltd
  Lexis PSL May 2016

• More than words - can a formal contract be construed from email exchanges?
  JAS Financial Products LLP v ICAP PLC and ICAP Securities Limited
  Lexis PSL April 2016

• CJEU rules 19% interest on consumer mortgage unfair
  Ibercaja Banco SAU v. Jose Cortes Gonzalez C-613/15
  David Bowden Law April 2016

• Prepping POG arrangements for retail banking products
  Guidelines from European Banking Authority on product oversight & governance
  Lexis PSL April 2016

• First look by the Court of Appeal at the Regulated Activities Orders and PERG from the FCA
  Simply Sure Limited v. Personal Touch Financial Services Limited
  Lexis PSL April 2016

• Reporting defamatory allegations without imputing guilt
  Hiranandani-Vandrevala v Times Newspapers Ltd
  Lexis PSL March 2016

• Throwing darts at Peter Pan - escape route for patent infringers in rare account of profits appeal ruling
  Design & Display Limited v OOO Abbott & Godfrey Chasmer
  Lexis PSL March 2016

• Another costs judge denies solicitors success fee on legal aid to CFA funding change
  Yesil v. Doncaster & Bassetlaw NHS Foundation Trust
  Lexis PSL March 2016

• Stamping your mark - indemnity costs on discontinued claim
  Rosenblatt (a firm) v. TAL Limited, Barry Stamps and Nigel Frudd
  Lexis PSL March 2016

• No success fee or ATE premium for firm in successful clinical negligence case
  AH v Lewisham Hospital NHS Trust
  Lexis PSL March 2016

• The future for financial services and the economy in Jersey
  Implications of Jersey Budget Statement 2016
  Lexis PSL March 2016

• Pure chemistry - businesses, expert evidence and psychoactive substances
  Psychoactive Substances Act 2016
  David Bowden Law March 2016 March 2016

• Supreme Court of the United Kingdom refuses permission for a final appeal in phone hacking cases
  MGN Limited v Gulati UKSC 2016/0016
  David Bowden Law March 2016

• Court of Appeal rules that unfair relationship cases can be determined summarily
  Faith Momoh v. Bluestone Mortgages Limited
  David Bowden Law February 2016

• Costs wars - drawing a line under pre-LASPO 2012 CFAs
  Alina Budana v The Leeds Teaching Hospitals NHS Trust
  Lexis PSL February 2016

• Judge refuses wrongful trading application made by liquidator
  Grant & Tickell (Joint liquidators of Ralls Builders Limited) v. Ralls, Ralls & Hailstones
  Lexis PSL February 2016

• Court of Appeal endorses the making of an NPCO against an insurer
  Legg and others v Sterte Garage Ltd and another [2016] EWCA Civ 97
  Lexis PSL February 2016

• Costs Wars - return of the post-LASPO CFA assignment attack
  Webb v Bromley London Borough
  Lexis PSL February 2016

• What is the summary of everyone's written case in the Supreme Court 'Brexit' appeal?
  The Queen (Gina Miller and others) v. Secretary of State for Exiting the European Union and others
  David Bowden Law December 2016

• Appeal court in Scotland agrees that WeRe Bank cheques are worthless and businesses cannot be made to accept them
  Steward McLeod v. Prestige Finance Limited - [2016] ScotCS CSIH 87
  David Bowden Law December 2016

• Fixed costs not applicable to RTA cases allocated to the multi-track
  Qader v. Esure Services Ltd and Khan v. McGee [2016] EWCA Civ 1109
  LexisPSL December 2016

• Court of Appeal refuses to hear domain name registrant's challenge to its One in a Million judgment Limited v. Royal Bank of Scotland Group PLC - A3/2015/4363
  David Bowden Law December 2016

• Chancery judge hearing insolvency appeal dismisses all technical CCA challenges to credit card contract
  Blackshaw v. MFS Portfolio Ltd, Atkinson & the Official Receiver - Ch/2015/0009
  David Bowden Law December 2016

• Upper Tribunal upholds FCA's consumer credit permission refusal forcing business to close down
  Steven Maoudis t/a Montana Debt Management v. FCA [2016] UKUT 548 (TCC)
  David Bowden Law December 2016

• What will Brexit mean for financial services?
  Implications of Brexit for UK financial services industry and the future shape of financial regulation
  Journal of the Chartered Institute of Legal Executives November 2016

• Irwin Mitchell's £1million costs bill upheld on appeal whilst its clients receive only £150k compensation
  TUI UK Limited v. Tickell [2016] EWHC 2741 (QB)
  David Bowden Law November 2016

• UK Government must obtain Parliamentary approval before Brexit Article 50 notice is sent
  The Queen (Gina Miller & Deir dos Santos) v. Secretary of State for Brexit [2016] EWHC 2768 (Admin)
  David Bowden Law November 2016

• Insolvency judge on appeal orders IVA of disgraced solicitor to be revoked
  Joseph Golstein v. Colin Bishop & Nicholas Barnett - [2016] EWHC 2804 (Ch)
  David Bowden Law November 2016

• Phone hacking victims' solicitors are entitled to high success fees and ATE premiums in full
  Peter Andre, Sven Goran Eriksson, Sadie Frost, Paul Gascoigne, Alan Yentob and others v. MGN Ltd - [2016] EWHC B29 (Costs)
  David Bowden Law November 2016

• CJEU rules on 'durable medium' requirements for consumer credit agreements
  Home Credit Slovakia AS v. Ms Klara Biroova - Case C-42/15
  David Bowden Law November 2016

• A critical look at the Goods Mortgages Act proposed to replace Bills of Sale
  Law Commision Report number 369 and HC641
  David Bowden Law November 2016

• Feeling the burn as Court of Appeal grants permission to appeal £100k costs order made against FCA
  Angela Burns v. Financial Conduct Authority - A3/2015/4343
  David Bowden Law November 2016

• Supreme Court to hear solicitor's negligence claim made by lender who failed to check its own file
  Jane Steel and Bell & Scott LLP v. Northern Rock Asset Management PLC - UKSC 2016/0111
  David Bowden Law November 2016

• Insolvency judge declares void a divorce consent order signed by bankrupt husband
  Ian Robert (trustee in bankruptcy of Jonathan Elichaoff) v. Sarah Woodall - [2016] EWHC 2987 (Ch)
  David Bowden Law November 2016

• What will the proposed on-line court mean for litigators?
  Briggs LJ "Civil Courts Structure Review: Final Report" -27 July 2016
  Journal of the Chartered Institute of Legal Executives October 2016

• Trustees finally obtain possession order over pub despite objection of one beneficiary
  Baker & Preedy v. Jonathan Dunne, Sarah Fenton & Peter Dunne - [2016] EWHC 2318 (Ch)
  David Bowden Law October 2016

• Future rights to pension benefits not available to creditors in bankrupcy
  Robert Horton (trustee in bankruptcy of Michael Henry) v. Michael Henry - [2016] EWCA Civ 989
  David Bowden Law October 2016

• Is a pure legal assignment of a debt champertous?
  JEB Recoveries LLP v. Binstock - Court of Appeal A3/2015/1702
  David Bowden Law October 2016

• Is Parliamentary approval required before the Brexit Article 50 notice is sent?
  The Queen (Gina Miller & Deir dos Santos) v. Secretary of State for Exiting the European Union - CO/3809/2016
  David Bowden Law October 2016

• Court of Appeal declines to express a view on whether debt assignment is champertous
  JEB Recoveries LLP v. Binstock - [2016] EWCA Civ 1008
  David Bowden Law October 2016

• Supreme Court rules professional indemnity insurer has no liability to funder of insolvent solicitor's firm
  Impact Funding Solutions Limited v. AIG Europe Insurance - [2016] UKSC 57
  David Bowden Law October 2016

• SCCO rules that ATE premium was validly incurred and declines to interfere with premium
  Allan Coleman v. Medtronic Ltd - [2016] EWHC B27 (Costs)
  David Bowden Law October 2016

• Damages awards for phone hacking after Gulati
  Court of Appeal decision in Gulati v. Mirror Group Newspapers Ltd
  Lexis PSL January 2016

• Court calls time on pursuit of Scottish claims in County Court at Carlisle
  Court of Appeal decision in Cook v Virgin Media and McNeil v Tesco PLC
  Lexis PSL January 2016

• First reported case on Swaps mis-selling resolved in bank's favour
  Mercantile Court decision in Thornbridge Ltd v. Barclays Bank PLC
  Lexis PSL January 2016

• Court of Appeal clarifies mortgagee's duties in aircraft finance case
  Alpstream AG v PK Airfinance Sarl
  Lexis PSL January 2016

• Non Party Costs Orders against insurers
  Submissions to Court of Appeal in Legg and others v Sterte Garage Ltd and Aviva UK Ltd
  Lexis PSL January 2016

• New rules for admission in the British Virgins Islands
  Legal Professions Act 2015
  Lexis PSL January 2016

Published Work