LEXLAW Solicitors & Barristers
The Court of Appeal case of Re Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371, in the context of an unfair prejudice petition filed according to Section.994 of the Companies Act of 2006, the Court of Appeal has clarified the meaning of the contractual responsibility of good faith.
A claim or an application made to the English court with the subject being or the outcome affecting an existing or proposed agreement to arbitrate or to challenge its award, is termed as an ‘application for arbitration’ or an ‘arbitration claim’. The Civil Procedure Rules which statutorily govern the rules and procedures to be adopted by the English Courts in all civil cases brought before it, in Part 62.2 define an ‘arbitration claim’ as an application or a claim before the English courts which seeks determination of the validity of; an arbitration agreement, the jurisdiction of arbitration tribunal, or the matters submitted before such tribunal during the course of arbitration proceedings or any matter related thereto.
An award of indemnity costs might give a party in a lawsuit a major advantage, due to the fact that the paying party will be responsible for the legal expenses and the proportionality criterion will not be applied. Since costs on the standard basis are the norm, the indemnity costs principle (included in Civil Procedure Rules 44.3(3)) can be considered punitive in nature.
In the case of Robert Don Hunter Dougan v HMRC [2022] TC8471, the First Tier Tribunal (“FTT”) ruled the taxpayer had not deliberately intended to cause a loss…
The recent case of Wyatt Paul v HMRC [2022] UKUT 116 (TCC) confirmed: permission by a party must be sought from the Upper Tribunal (UT) to argue a…
In Gorbachev v Guriev & Ors [2022] EWHC 1907 (Comm), the Court of Appeal held that it had jurisdiction to permit service of a third-party disclosure application outside…
Making a strategic Part 36 offer is a powerful tool in UK litigation. It provides a pressure for the other side to settle the dispute early, potentially saving both sides significant time and costs. By carefully calculating the offer and timing it correctly, you can increase the likelihood of a favourable settlement. If the offer is rejected and you ultimately win a better judgment, Part 36 offers significant financial advantages, including increased costs recovery, interest, and potentially a percentage of damages. Ultimately, a well-crafted Part 36 offer can strengthen your negotiating position and improve your overall chances of success in UK litigation.
UK judges opened a path for a group of more than 200,000 plaintiffs to bring a suit against BHP Group Ltd over its role in the collapse of…
In the case of Richards & Anor v Speechly Bircham LLP & Anor (Consequential Maters) [2002] EWCH 1512 (Comm) HHJ Russen QC (sitting as a judge of the…
Our Director Liability litigation team review this recent judgment where a liquidator lost a claim for breach of director’s duties over a tax avoidance scheme.