Author: LEXLAW Solicitors & Barristers

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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The APPG to Challenge the Swift Review: Redressal of Mis-sold IHRPs

The All Party Parliamentary Group on Fair Business Banking (APPG) has sought judicial review against the FCA’s decision to not take any further action following the results of the Swift Review.

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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…

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How are the Courts dealing with COVID-related rental arrears?

The pandemic has resulted in revenue shortages and subsequent problems in meeting obligations, including the payment of rents and ancillary costs. We answer what options are available to tenants who are unable to meet rental payments.

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Breaches of court rules on expert advice not tolerated

Expert evidence is important and can help prove a claim or disprove allegations, especially where the case involves matters on which the court does not have the requisite technical or academic knowledge, or the case involves issues of foreign law. Unlike witnesses of fact, a qualified expert is permitted to give opinion evidence on any relevant matter.