Author: Jaron Dosanjh

New Practice Note: Remote Hearings in the Senior Courts Costs Office

We specialise in detailed assessments where clients are disputing the charges of their former solicitors. If you instruct us we will vigorously fight your case and get a reduction of your bill, which we will consider doing for you on a no win no fee basis. We act for both clients and for the solicitors. Our London lawyers are based just minutes from the Senior Courts Costs Office and can be deployed with speed as the client’s needs and case demands.

FCA High Court case SME advice

Update: FCA’s Business Interruption Insurance Test Case

The FCA’s test case is likely to be the quickest route to clarity on whether losses caused by Covid-19 are covered by Business Interruption insurance. Most SME insurance policies are focused on property damage (and only have basic cover for BI as a consequence of property damage) so, at least in the majority of cases, insurers are not obliged to pay out in relation to the coronavirus pandemic. This case is focused on the remainder of policies that could be argued to include cover.

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.

insurance claim solicitor london

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.

lexlaw zuberi damages based agreementscovid 19 corona virus courts remote hearing

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.

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.

failure to mediate costs

The Cost of an Unreasonable Refusal to Mediate

All solicitors have a duty to advise their clients about alternative dispute resolution (ADR), including mediation. Along with the ADR requirements in the pre-action protocols, the CPR and court schemes, overall, mediation is an option that must be considered by parties both before and during litigation (and a failure to do so can lead to costs penalties).

business interruption insurance claim solicitors

FCA Test Case: Are insurers obliged to pay out for Covid-19 business losses?

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.

part 36 settlement offer litigation advice

Costs: The perils of making a Calderbank offer without a time limit

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).

lexlaw litigation breach of contract lawyers

COVID-19: Government’s non-statutory guidance on responsible contractual behaviour

The Government is strongly encouraging all individuals, businesses (including funders) and public authorities to act
responsibly and fairly in the national interest in performing and enforcing their contracts, to support the response to Covid-19 and to protect jobs and the economy.