Author: LEXLAW Solicitors & Barristers

Financial services, UK financial law,

High Court Rules on £8 Million Spread Betting Claim: FSMA & FCA COBS Rules Compliance Examined

Real Estate Tycoon, Tchenguiz challenged the £6.5 million claim by IG Index Limited over spread-betting debt but court upheld the claimant’s position. The ruling implicates critical precedent for financial instruments, spread betting, statutory interpretation of financial regulations.

High Court ruling confirms HNW Lending Limited's right to enforce £1.52m bridging loan despite third-party rights challenge. Analysis of lender enforcement under Contracts Act 1999 & implications for structured finance agreements. Expert commentary from LexLaw's property litigation team.

Case Study: Bridging Lender Enforces £1.5m Bridging Loan Despite 3rd Party Challenge

The High Court, presided over by Andrew Lenon KC, upheld HNW Lending Limited’s enforcement of a £1.52 million bridging loan against property developer Nicole Lawrence, dismissing her claims of duress and unauthorised agreement amendments.

"High Court mandates £0.92m repayment by director for breaching insolvency duties, clarifying creditor priority and litigation funders' rights in director misconduct cases."

Manolete Case Study: Court orders Director to Repay £0.92m (Director’s Insolvency Duty Breach)

Manolete pusured a Direcors Claim against Director Norman Freed. The High Court ordered the director to repay £918,590 for funnelling monies to linked firms pre-insolvency, breaching duties under the Companies Act 2006 and Insolvency Act 1986.

civil litigation ● England and Wales ● judge's decision ● evidence ● causation of loss ● Blower v GH Canfields LLP ● legal process ● court judgments ● solicitor negligence

How Judges in England Decide Civil Litigation Cases: Insights from Blower v GH Canfields

This article uses the case of Sandra Blower v GH Canfields LLP to illustrate how judges in England and Wales reach decisions in civil litigation. Mrs. Blower alleged that Canfields, a London law firm, gave her inadequate advice regarding a settlement during her husband’s bankruptcy proceedings, where he faced liabilities exceeding £2 million. During a mediation session, Mr. Blower and the firm’s solicitor negotiated a £1.5 million settlement. However, Mr. Blower later attempted to back out of this agreement. The judge ruled in favour of the law firm. The judgment demonstrates the importance of evidence and legal precedent in the English legal system, as well as the weight judges give to the conduct and arguments of the parties.

Director Liability, Insolvency Act 1986, Manolete Partners, Connected Party Transactions, Breach of Fiduciary Duties, Insolvency Litigation Funding, Corporate Governance, Preferences, Knowing Receipt, ICC Judge Mullen

Manolete Case Study: Director Ordered to Repay £0.9m for Insolvency Duty Breach (Transactions at Undervalue)

The High Court ordered Norman Freed to repay £918,590 after causing Just Recruit Group Ltd to make substantial payments to connected companies while insolvent, breaching his fiduciary duties under the Companies Act 2006.

HMRC's Abuse of Process Winding-up Petition Defeated Injunction

Case Study: £0.5m HMRC Winding-up Petition Defeated

HMRC consented to the dismissal of a £0.5m winding-up petition against our client company, conceding their petition and agreeing to pay substantial costs. Our solicitor and counsel team successfully argued HMRC’s actions, including account freezing and misrepresentation, were an abuse of the proper process of the Companies Court. This case highlights the repercussions for all, including UK Government agencies, that engage in unjustified petitions.

no win no fee solicitor uk funding litigation barrister opinion cfa dba damages claim

Litigation Funding in England & Wales (Legal Services Board Report)

A litigation funding report for the Legal Services Board evaluates UK litigation funding. It finds such funding can improve access to justice, facilitate consumer interest cases, and support a healthy legal market. However, it identifies the problems of highly limited, highly selective funding, potential cost tensions, and the need for robust AML controls.