LEXLAW Solicitors & Barristers
Master Cook’s ruling in Chinda v Cardiff & Vale University Health Board EWHC 2696 (KB) refuses permission to withdraw an accepted Part 36 offer, stressing that a mere change of mind fails CPR 36.10’s “change of circumstances” test – even for vulnerable claimants. The court prioritised CPR Part 36 certainty.
Contrary to common belief, unpaid High Court & County Court judgments (CCJs) do not always become unenforceable after six years. With proper legal procedures and court permission, creditors can successfully enforce judgment debts many years old.
An application for relief from sanctions under CPR 3.9 is available where a party has failed to comply with court deadlines or procedural rules. The court will apply the three-stage test from Denton v TH White Ltd, considering (1) the seriousness of the breach, (2) the reasons for the default, and (3) all the circumstances of the case. Relief must be sought promptly, as delay may undermine the application.
The High Court, per Chief ICC Judge Briggs, held that Manolete Partners could not advance misfeasance claims under section 212 Insolvency Act 1986 via an Insolvency Application, and instead had to pursue them under CPR Part 7, ordering payment of the full Part 7 issue fee despite procedural arguments about hybrid claims brought in insolvency proceedings.
Account Freezing Orders (AFOs) are among the most formidable tools that law enforcement and regulatory bodies in England and Wales wield in the fight against financial crime. In…
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.
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.
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.