Litigation Matters | Legal News | Page 3 | LEXLAW Solicitors & Barristers

Challenging Validity of Discovery Assessments; Robert Don Hunter Dougan v HMRC

In the case of Robert Don Hunter Dougan v HMRC [2022] TC8471, the First Tier Tribunal (“FTT”) ruled the taxpayer had not deliberately intended to cause a loss…

Post date 19 October 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Civil Litigation, Civil Procedure Rules, CPR, First Tier Tax Tribunal, HMRC, Litigation, Taxation
Tags Civil Procedure Rules, CPR, Discovery Assessment, First Tier Tax Tribunal, FTT, HMRC, Litigation, Tax Disputes, Tax Litigation, Tax return

Wyatt Paul v HMRC: Permission Needed to Raise New Points During an Appeal

The recent case of Wyatt Paul v HMRC [2022] UKUT 116 (TCC) confirmed: permission by a party must be sought from the Upper Tribunal (UT) to argue a…

Post date 18 October 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Administrative Law, Civil Litigation, Court of Appeal, Financial Services Litigation, Financial Services Tribunal, HM Treasury, HMRC, Immigration, Litigation, Taxation
Tags Appeal, Derivatives, Financial Regulation, Financial Services, HMRC, Interest Rate Swaps, Litigation, PaulvHMRC

Court’s power to serve Disclosure Application on Third Party outside the jurisdiction

In Gorbachev v Guriev & Ors [2022] EWHC 1907 (Comm), the Court of Appeal held that it had jurisdiction to permit service of a third-party disclosure application outside…

Post date 4 October 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Uncategorized
Tags Civil Procedure Rules, Court of Appeal, CPR, High Court, Litigation, out of jurisdiction, Part 31.17, Senior Courts Act

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The Importance of Making a Strategic Part 36 Offer

What does a Part 36 offer mean? Part 36 offer in the Civil Procedure Rules is a provision which aims to encourage parties to try to settle their…

Post date 28 September 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Costs, Part 36
Tags Case Studies, Case Study, Litigation, Part 36, Part 36 offers, settlement, Settlement Advice, settlement offers

Litigation Lawyers in London High Court Immigration

Court of Appeal strikes out class action over Fundao Dam collapse

UK judges opened a path for a group of more than 200,000 plaintiffs to bring a suit against BHP Group Ltd over its role in the collapse of…

Post date 13 September 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Court of Appeal
Tags Civil Procedure Rules, class action claims, Court of Appeal, CPR, Litigation

High Court: Unreasonable refusal to ADR does not attract an order for costs on an indemnity basis

In the case of Richards & Anor v Speechly Bircham LLP & Anor (Consequential Maters) [2002] EWCH 1512 (Comm) HHJ Russen QC (sitting as a judge of the…

Post date 13 September 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Uncategorized
Tags ADR, Civil Procedure Rules, costs, CPR 44, High Court, High Court litigation, Indemnity basis, Standard Basis, Unreasonable refusal to mediate

Hunt v. Balfour-Lynn: No Breach of Duty for Directors entering into a Tax Avoidance Scheme

Our Director Liability litigation team review this recent judgment where a liquidator lost a claim for breach of director’s duties over a tax avoidance scheme.

Post date 11 August 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Director's Duties, Insolvency, Winding-up Petitions
Tags Directors Duties, High Court, Litigation, Tax, Tax Avoidance

Candey Ltd v Tonstate Group Ltd & Ors: CA finds non-counterclaiming defendants to be beyond the scope of Damage Based Agreements

In the recent case of Candey Ltd v Tonstate Group Ltd & Ors [2022] EWCA Civ 936, the Court of Appeal clarified the scope of damages-based agreements (DBAs)…

Post date 8 July 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Uncategorized
Tags Banking Law, DBA advise, DBA solicitor, DBAs, Litigation, No win no fee

mis-sold bridging loan lending solicitors advice

Case Study: Lender Default Charge of £150k+ Completely Defeated

Summary of one of our successes in defeating aggressive bridging lender misconduct over default penalty charges and threats to appoint LPA Receivers and commence Possession proceedings.

Post date 16 June 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Banking Law, Borrower Protection, Bridging Finance, Bridging Loan, Civil Litigation, Financial Mis-selling
Tags Banking Law, bridging finance dispute, Bridging Loan Mis-selling Claim, Case Study, Litigation, Mis-selling

unfair unreasonable solicitors fee invoice

Recovering Unfair and Unreasonable Solicitor Fees

If you have been charged a very high fee by a solicitor you are able to challenge the fairness and reasonableness utilising the Solicitors Act 1974. However delay in taking action could reduce or eliminate prospects of recovery. If the sum involved is high value, we and counsel could (after a paid review) act on a no win no fee basis where we are only paid if we succeed.

Post date 15 June 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Costs, Negligent Solicitors, Solicitors, Solicitors Act 1974, Taxation
Tags Claims against Solicitors, costs, DBA solicitor, Litigation, Solicitors, solicitors act, solicitors bill, Solicitors Duties

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