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The High Court has struck out a LIBOR fraud claim brought by a property investment firm against two renowned banks Natwest and RBS, two weeks after the publication of FCA’s findings against the banks, concluding that it was time barred.
Informally known as a ‘pre-action letter’ or ‘letter before action’, a letter before claim (“LBC”) is a letter sent from a claimant to a potential defendant which sets out the details of the claim that is being advanced and may be pursued in court.
Business interruption insurance covers businesses for loss of income during periods when the business cannot trade as usual due to an unexpected event. If you are a policyholder and your insurer is refusing to paying out for a business interruption claim related to the coronavirus pandemic, seek legal advice immediately as you may have a litigation claim to seek financial redress.
On 9 June 2020, the Financial Conduct Authority (FCA) filed its Claim Form and Particulars of Claim in its High Court test case on business interruption (BI) insurance policies. The court action is aimed at providing clarity and certainty for everyone involved in Business Interruption insurance disputes, policyholder and insurer alike.
The Court of Appeal considered the rules regarding Norwich Pharmacal applications for non-party disclosure and the costs of the same. The decision concerning Natwest bank and a limited company, provides helpful guidance to parties when making applications for third party disclosure and understanding the importance of pre-action correspondence which will impact any order for costs.
Once proceedings have started, it is not correct to assume that all bets are off and it is too late to accept an offer (in all circumstances). In fact, offers that are not time-limited, not withdrawn, and not a Part 36 offer are open for acceptance during a hearing (and therefore capable of acceptance when a party is in the best possible position to know what a judge will order).
With the increase in use of the internet and social media, it is becoming more difficult to take action against defamation, particularly where individuals can hide their identity behind user accounts e.g. an anonymous blogger. Do you wish to bring a claim for defamation against someone online but you do not know their identity? We can assist you in legally identifying the anonymous prospective defendant.
If you have received a bill or bills from your solicitors and you think that the fees are higher than they should have been then a specialist court exists to deal with such disputes with its own rules and guidance. Many law firms simply do not understand what is a niche area of legal practice. Unlike most law firms, we understand solicitor/client costs disputes.
Litigants may consider that the opponent has not given sufficient information about the claim in pleadings. If so, a request can be made under Part 18 of the English Civil Procedure Rules for clarification.
Pre-action rules govern the conduct of the parties and what steps should be taken before issuing a claim. Non-compliance with UK litigation pre-action protocols may mean a party is later punished by the court in terms of costs.