financial services litigation advice

Bridging Loans: When are interest rates & charges unfair?

Bridging loans are a complex subject matter and which most generalist lawyers simply won’t be familiar with or understand to a level adequate enough to be able to recognise and formulate a mis-selling claim. Our financial services litigation team will ensure your bridging finance mis-selling claim achieves the best possible result in terms of putting you back in the position your business would have been in but for the mis-sold short term loan.

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Update on Business Interruption Insurance test case

Given the complexity of business interruption claims and the legal uncertainty surrounding their enforcement (the FCA have issued a test case recently in the High Court), it is advisable that you seek expert legal advice early in order to prepare your Business Interruption Insurance claim.

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Norwich Pharmacal Pre-Action Disclosure Order granted for barrister to disclose defamatory Twitter messages

In the High Court case of Collier & Ors v Bennett, three claimants obtained a Norwich Pharmacal order against Doughty Street Chambers’ barrister, Daniel Bennett for pre-action disclosure of messages and details of a Twitter account to assist victims of libel and harassment.

lloyds hbos fraud scheme review compensation high court litigation

APPG complaint to SRA against Lloyds’ legal advisers Herbert Smith Freehills in HBOS review scheme

The All-Party Parliamentary Group (“APPG”) have submitted a lengthy complaint to the SRA against Herbert Smith Freehills, legal advisers to Lloyds Banking Group during the lender’s compensation review scheme in relation to fraud at HBOS. The scheme is due to reopen following Sir Ross Cranston’s report that Lloyds’ original customer review had ‘serious shortcomings’.

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Damages Based Agreements: High Court confirms DBA enforceability

The High Court judgment in Lexlaw Ltd v Zuberi [2020] EWHC 1855 (Ch) (10 July 2020) provides much needed certainty over payment provisions on early termination in DBAs. The clarity given by HHJ Parfitt in relation to the DBA Regulations will widen access to justice as impecunious litigants will be more able to pursue civil and commercial litigation via damages-based agreements.

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Solicitor-client dispute: Firm’s failure to update cost estimate

In a trial of a preliminary issue, Senior Courts Costs Office Costs Judge, Master Leonard, held that a law firm breached its professional and contractual duties by failing to adequately advise a client on mounting costs and failing to update an initial costs estimate for work on a matter after the estimate was exceeded.

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High Court rule service of Claim Form to be ineffective

Piepenbrock v Associated Newspapers [2020] EWHC 1708 is another case concerning where and when service may occur on the Defendant’s solicitors. The facts are similar to the Court of Appeal case of Woodward v Phoenix Healthcare Distribution (which Lexlaw were instructed on). The Claimant, a litigant in person, purportedly served the Claim Form on the last day of its four month validity period via email on the Defendants’ solicitors, who had not confirmed whether they were authorised to accept service. This amounted to a failure to effect service of the Claim Form. Applications to the Court to validate service were refused and the claim dismissed highlighting the dangers of ‘DIY litigation’ and the importance of instructing a specialist litigation team.

Unexplained wealth order

Unexplained Wealth Orders: High Court challenge National Crime Agency

The former president of Kazakhstan’s family have successfully challenged three unexplained wealth orders (“UWO”) which were brought by the Nation Crime Agency (“NCA”). The UWO’s were placed upon properties of the family together valued in excess of £80million.

litigation; interim remedy; default judgment; CPR; set aside; application; london

Judgment set aside: Unfair to serve on empty offices in COVID-19 and prospects of successful defence

The High Court set aside a default judgment because the Claim Form had been served on “empty offices” during the COVID-19 lockdown. Despite the Claimant’s solicitors attempts to engage in pre-action correspondence and check requirements for service, the Court was satisfied that the Defendant showed real prospects of successfully defending the claim.

business interruption insurance claim solicitors

Update on FCA’s Business Interruption Insurance test case: Insurers file Defences

Given the complexity of business interruption claims and the legal uncertainty surrounding their enforcement (the FCA have issued a test case recently in the High Court), it is is essential that you seek expert legal advice early in order to prepare your Business Interruption Insurance claim.