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Client Case Study: Moskalev wins against Yanishevskiy for improper Statutory Demand

The Respondent to an application to set aside a statutory demand must bear the costs of the application, even if they withdrew the demand shortly after the application was filed.

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Litigation Lessons: “Weak and speculative” £3.7m professional negligence claimants awarded just £2K

A recent case of Beattie Passive Norse Ltd Anor v Canham Consulting Ltd highlights the importance of causation and repercussions of providing an inaccurate value of a claim.

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Beware of Limitation Periods: Supreme Court clarifies time periods for litigation claims

In a midnight deadline case, there is a complete undivided day following the expiry of the deadline, which should be included when calculating the limitation period. It is, therefore, crucial that limitation issues are considered at the outset of any potential claims.

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Commercial leases not frustrated by COVID-19 restrictions, High Court rules

The High Court has ruled that commercial leases were not “temporarily frustrated” by the coronavirus (COVID-19) pandemic and therefore the tenants were still obliged to pay rents to…

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County Court Judgments and Enforcement after COVID-19

Following lifting of government lockdowns during the pandemic, enforcement action including bailiffs attending properties can now resume. There may also be changes to debt recovery legislation which protective measures were brought in during the pandemic to prevent aggressive debt recovery action from debtors affected by coronavirus. If you have received a county court judgment against you or your company, get in touch with our litigation team as soon as possible.

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High Court rules COVID-19 self-isolation counts as force majeure not breach of contract

In Dwyer (UK) Franchising Ltd v. Fredbar Ltd & Bartlett [2021] EWHC 1218 (Ch), the High Court ruled that self-isolating due to coronavirus (COVID-19) counted as ‘force majeure’,…

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Court of Appeal assesses swap mis-selling complaint under FCA DISP

The Court of Appeal recently analysed a swap mis-selling complaint submitted by the Claimant under the FCA Dispute Resolution scheme (“DISP”), which complaint would stop time running for the purposes of a making a complaint to the Financial Ombudsman Service (“FOS”).

Court refuses to amend developers’ £1.5 million cost budget

The High Court has refused permission for two property developers to amend their initial agreed cost budget of approximately £1.5 million after an attempt to request almost double the sums allowed.

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Court of Appeal holds negligent surveyor liable for house’s full diminution of value

In Large v. Hart, the Court of Appeal held a negligent surveyor liable for a house’s full diminution of value as a result of his failure to draw the purchasers’ attention to the property’s defects prior to completion.