Author: LEXLAW Solicitors & Barristers

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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.

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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.

The Need to Be Clear: Percy v Merriman White and Professional Negligence

In the recent case Percy v Merriman White and Mayall, the Court of Appeal clarified what must be proved by a contribution claimant to succeed in their contribution claim.

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Ulster Bank DAC and Ors v McDonagh and Ors: CA Holds That Civil Liability Act 1961 Inapplicable To Debt Recovery Cases

In the recent case of Ulster Bank DAC and Ors v McDonagh and Ors, the Court of Appeal confirmed that, as debt recovery cases are not considered actions for “damages”, the Civil Liability Act 1961 (CLA) does not apply to them.

Lexlaw v Zuberi – Agreed Public Statement on Settlement of Landmark DBA Litigation

Whilst this litigation produced the leading judgment of the Court of Appeal on DBAs the case itself was not resolved by trial of the preliminary issue. The parties have now amicably settled the matter.

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RBS v JP SPC 4 & Another: The Privy Council Restricts Banks’ Quincecare Duty

In the recent case of RBS v JP SPC 4 & Another, the Privy Council upheld the striking out of a claim against the Royal Bank of Scotland for damages of over £60 million.

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Post-COVID: Restrictions on Winding-up Petitions Lifted

The pandemic saw numerous restrictions being imposed on winding-up petitions. These restrictions were lifted on the 1st of April 2022. If you are a creditor who has been unable to recover outstanding debts throughout the pandemic, our team of specialist debt recovery solicitors and barristers can assist you in making the most out of these recent changes.

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Bringing Professional Negligence Claims: McClean and Others v Thornhill

The case of McClean and Others v Thornhill sheds light on how those providing advice may now protect themselves based on the technicalities of a disclaimer. Multiple investors…