Author: LEXLAW Solicitors & Barristers

Only with court permission under CPR 36.10. You must prove a "change of circumstances" (e.g., new evidence), not just a change of mind. See our litigation guide.

Chinda v Cardiff: Rules on Withdrawing Accepted Part 36 Offers

Master Cook’s ruling in Chinda v Cardiff & Vale University Health Board EWHC 2696 (KB) refuses permission to withdraw an accepted Part 36 offer, stressing that a mere change of mind fails CPR 36.10’s “change of circumstances” test – even for vulnerable claimants. The court prioritised CPR Part 36 certainty.

Manolete Partners Plc v Trevor Howarth

Success: Defence of Manolete Director Repayment Claim

In Manolete Partners Plc v Trevor Howarth [2024] EWHC 2294 (Ch), the High Court dismissed a £101,000 claim against the former CEO of One Legal Services. Manolete alleged that repayments to Mr Howarth’s director loan account during the firm’s CVA were unlawful preferences under the Insolvency Act 1986. Judge Barber disagreed, holding the payments were made in good faith.

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.