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PBA Webinar - Competition and Consumer Law Issues in Property Litigation

Date: Monday 6 September
Time: 5pm
Venue:  Zoom


Aidan Robertson QC, Brick Court Chambers
Ruth Bala, Gough Square Chambers
Henry Webb,  Selborne Chambers

Henry Webb – Selborne Chambers: Unfair Terms in Leases

Henry will speak on the potential application of unfair terms legislation to leases, with particular reference to the Court of Appeal decision in Jones v Roundlistic Limited [2018] EWCA Civ 2284. When might the legislation apply? What factors will the Court take into account in assessing the fairness of a clause in a lease?

Ruth Bala – Gough Square Chambers: Broker Secret Commissions on Mortgages

Wood v Commercial First Business Ltd & ors and Business Mortgage Finance 4 plc v Pengelly [2021] EWCA Civ 471 was another significant loss for the industry on broker secret commissions. The Court of Appeal clarified that it was not an element of the borrower's cause of action that the mortgage broker owed him a fiduciary duty. Ruth considers how to defend broker secret commission cases following the decision - is there any point contesting liability or should mortgagees focus on limitation and remedies?

Aidan Robertson QC – Brick Court Chambers and Visiting Professor at the University of Oxford: Restrictive covenants in light of Peninsula Securities and Brexit

Aidan will examine the application of the Restraint of Trade doctrine to restrictive covenants in the light of the Supreme Court’s decision in Peninsula Securities v Dunnes Stores [2020] UKSC 36.  He will also discuss the impact of Brexit on the Restraint of Trade doctrine.

Please email Jo at to register and she will send you a zoom link for the webinar.  


  • Start: 05:00 PM
  • End: 06:00 PM


06 September 2021



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