Author: LEXLAW Solicitors & Barristers

Litigation Lawyers London

Court Judgment Highlights Rules Regarding Claim Form Service

The case of Dr Markus Boettcher v (Xio (UK) LLP & Ors [2023] EWHC 801 (Comm) (05 April 2023) recently had an interim judgment decided by the Commercial Court.

Court of Appeal UK. Civil Litigation

Limitation Period for Payment of Services

In debt claims for the provision of services, the Court of Appeal has determined that time starts to run for limitation purposes from the date the work was done, rather than from the contractually agreed deadline for payment: Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWCA Civ 1699).

"Defending HMRC Security Notice of Requirement"

Defending a HMRC Security Notice of Requirement

A HMRC Security Notice is a formal notice issued by HM Revenue and Customs (HMRC) to an individual or business requiring them to provide security for certain future tax liabilities. It is a tool used by HMRC where they believe there is a risk of tax loss.

Supreme Court of UK

When will the Solicitors’ Equitable Lien be Waived?

In Supreme Court case of Candey Ltd v Crumpler and another (as Joint Liquidators of Peak Hotels and Resorts Ltd (In Liquidation))[2022] UKSC 35 the question in issue was that under what circumstances will solicitors have waived (or be inferred to have waived) their equitable lien when a solicitor enters into a security arrangement with a client?

Crypto Currency. Cryptocurrencies and Law

Crypto Exchange Held to be a Constructive Trustee for its Users

The recent decision in Jones v Persons Unknown [2022] EWHC 2543 (Comm) has elated users of Crypto Exchanges operating in the UK as the Court held that the defendant Crypto Exchange should be taken as a constructive trustee in relation to the Wallet holders.

Court of Appeal UK. Civil Litigation

Court of Appeal: Context is King When it comes to Contractual Good Faith Duties

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.

Arbitration Claim Application in the Courts of United Kingdom

Arbitration Claim Application in the Courts of United Kingdom

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.

Indemnity Costs in Litigation

Indemnity Costs in Litigation

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.