LEXLAW Solicitors & Barristers
Unjust enrichment is a powerful remedy in English law allowing recovery where one party is enriched at another’s expense without legal justification. This guide by LEXLAW Solicitors explains how restitution claims arise in commercial, financial, and contractual disputes. We outline key legal principles, real-world examples, and common defences helping you understand your rights and take action.
The High Court considered the application of the Braganza duty in a banking litigation context, ruling that the bank breached its procedural fairness obligations when exercising discretionary powers, reinforcing directors’ and financial institutions’ duties under UK law.
Payoneer, an Israeli electronic money institution, has de-banked and frozen customer funds without explanation, thereby preventing tens of millions of charity funds being raised via online advertising for humanitarian aid – some of which may have gone to help refugees in Gaza. Payoneer’s customer is left having to launch litigation in England to recover its money.
Former tennis champion Boris Becker was sentenced to two and a half years in prison after being found guilty of four charges under the Insolvency Act, 1986. Becker has now been discharged and is no longer Bankrupt.
UK financial institutions have been selling interest rate swaps and fixed-rate loans without fully disclosing the risks and contingent liabilities involved, leading to substantial liabilities for customers. Lexlaw, a law firm specialising in hidden derivatives litigation, advises on legal action for SMEs and individuals affected by mis-selling. They guide clients through obtaining redress, often achieving out-of-court settlements with banks and insurers eager to avoid precedent-setting judgments. Lexlaw provides a step-by-step guide for those suspecting they’ve been mis-sold financial products, encouraging prompt legal advice to meet claim deadlines.
In this case our lawyers defeated “London Credit”; a bridging lender that demanded circa £160,000.00 GBP. We applied to the High Court and successfully set aside a default judgment then forced the withdrawal of a statutory demand, and 3 interim charging orders. We then forced the other side to settle – for a fraction of the sum demanded.
Summary of one of our successes in defeating aggressive bridging lender misconduct over default penalty charges and threats to appoint LPA Receivers and commence Possession proceedings.
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.
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.
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…