LEXLAW Solicitors & Barristers
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.
Real Estate Tycoon, Tchenguiz challenged the £6.5 million claim by IG Index Limited over spread-betting debt but court upheld the claimant’s position. The ruling implicates critical precedent for financial instruments, spread betting, statutory interpretation of financial regulations.
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.
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.
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.
In Purkiss v Kennedy, the High Court rejected a liquidator’s attempt to recover unpaid PAYE and NICs from Ethos Solutions Ltd’s failed tax avoidance scheme. The court found no fraudulent intent to evade HMRC under Insolvency Act 1986, Section 423. This case highlights HMRC’s challenges in tax recovery via insolvency law and the need to prove intent.
In Manolete Partners PLC v White, the Court of Appeal ruled that a pro bono costs order under Section 194 LSA 2007 for £85,000 payable to the Access to Justice Foundation (AJF) was unconditional and could not be set off against the pro bono party’s outstanding judgment debt, reinforcing the distinct legislative purposes of the provision.
The High Court ordered Norman Freed to repay £918,590 after causing Just Recruit Group Ltd to make substantial payments to connected companies while insolvent, breaching his fiduciary duties under the Companies Act 2006.
In addressing the challenge of stalled litigation, the Civil Procedure Rules provide an extensive legal framework designed to facilitate swift and just resolution of cases. Central to this framework is the overriding objective of the CPR, which mandates that cases should be handled justly and at proportionate cost.
We successfully represented a client in a significant cryptocurrency loan dispute. On 2 July 2024, the High Court handed down a judgment varying the valuation date for assessing damages in lieu of specific performance. Initially, the County Court had set the valuation date at the breach in 2019, which did not account for the significant increase in Ethereum’s value.