Category: Case Law

Manolete Partners Plc v Sampson Coward LLP High Court Refuses Summary Judgment in £2m Escrow Breach Claim

Manolete Case Study: Court Refuses Summary Judgment in £2m Escrow Breach Claim (Breach of Undertaking)

The High Court refused Sampson Coward LLP’s application for summary judgment in Manolete Partners Plc v Sampson Coward LLP [2023] EWHC 37 (Ch), allowing a £2 million claim concerning alleged mismanagement of escrow accounts during UK Property and Land Specialists Ltd’s insolvency to proceed. The ruling highlights the complexity of fiduciary breaches in escrow arrangements and confirms assignees’ rights to pursue breach of undertaking claims under the Insolvency Act 1986.

Expert VAT penalty defence guide by LEXLAW. Learn how UK tribunals assess “reasonable excuse,” when it applies, excluded grounds, case law insights, and how to maximise your chances of success against HMRC.

How to Appeal HMRC VAT Penalties: “Reasonable Excuse” Defence Guide 2025

Expert guide to VAT “reasonable excuse” defences. Learn how to successfully challenge HMRC penalties, surcharges & late filing penalties with proven legal strategies from specialist tax dispute solicitors.

McGuinness & Anor v Goldentree Financial Services PLC & Anor [2025] EWHC 870 (Ch)

Case Study: Commercial Lender Defeats Consumer Credit Claim (McGuiness v Goldentree 2025)

McGuinness v Goldentree [2025] EWHC 870 (Ch) clarifies investment property loan exemptions under Article 61A FSMA 2000. The High Court struck out regulatory challenges to commercial development finance, confirming contemporaneous evidence establishes business purposes. The judgment reinforces that former directors lack litigation authority during administration without administrator consent. This decision protects legitimate commercial lending from spurious consumer credit challenges whilst emphasising robust documentation practices for development finance practitioners.

Manolete Case Study: Court Rejects Escrow Defence in £2m Solicitor Breach Claim (Solicitor Undertakings in Insolvency Disputes)

The High Court refused a summary judgment application by Sampson Coward LLP, a Salisbury-based law firm, over its handling of £2 million in escrow funds, allegedly misapplied while acting for connected parties, following assignment of the claims to litigation funder Manolete Partners.

Manolete Case Study: Director Ordered to Repay £1.43m for Unauthorised Expenditure (Director’s Duties & Insolvency Act Breaches)

The High Court ordered Dr Amir Matta, director of Saint George Investment Holdings Ltd, to repay £1.43 million after he misapplied company funds for personal expenses, breaching his statutory duties under the Companies Act 2006 and authorising unsubstantiated payments to connected parties during a period of financial distress.

Braganza Duty in UK Banking Litigation – Procedural Fairness in Focus.

The Braganza Duty in Banking Litigation (Implied Contractual Term to Exercise Discretion Fairly)

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.

"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.

WhatsApp digital messages can form legally binding contracts in English law.

Are WhatsApp Agreements Valid Contracts? High Court Rules in Jaevee Homes Limited v Fincham

Legally binding contracts in UK contract law can be made via WhatsApp, email, & text messages. The Jaevee Homes v Fincham High Court ruling confirms digital agreements require offer, acceptance, consideration, & intention (based on an objective test). Understand contract formation via electronic communication & risks of informal digital contracts in English law.

insolvency bankruptcy petition lawyer debt defence solicitor

Case Study: Bankruptcy Order Annulment Victory Following HMRC’s Defective Service

We successfully annulled a bankruptcy order against our client after HMRC failed to properly serve notice of a key hearing. Mr. Gaster proved this procedural error denied him the chance to present evidence of his ability to pay. The court’s judgment emphasized due process under Rule 10.23 of the Insolvency Rules 2016, exposing flaws in HMRC’s conduct and evidence on the adjournment notice.