Category: Civil Litigation

Court Judgment Highlights Rules Regarding Claim Form Service

The case of Dr Markus Boettcher v (Xio (UK) LLP & Ors [2023] EWHC 801 (Comm) (05 April 2023) recently had an interim judgment decided by the Commercial Court.

Court of Appeal UK. Civil Litigation

Limitation Period for Payment of Services

In debt claims for the provision of services, the Court of Appeal has determined that time starts to run for limitation purposes from the date the work was done, rather than from the contractually agreed deadline for payment: Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWCA Civ 1699).

Court of Appeal UK. Civil Litigation

Court of Appeal: Context is King When it comes to Contractual Good Faith Duties

The Court of Appeal case of Re Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371, in the context of an unfair prejudice petition filed according to Section.994 of the Companies Act of 2006, the Court of Appeal has clarified the meaning of the contractual responsibility of good faith.

Indemnity Costs in Litigation

Indemnity Costs in Litigation

An award of indemnity costs might give a party in a lawsuit a major advantage, due to the fact that the paying party will be responsible for the legal expenses and the proportionality criterion will not be applied. Since costs on the standard basis are the norm, the indemnity costs principle (included in Civil Procedure Rules 44.3(3)) can be considered punitive in nature.

Challenging Validity of Discovery Assessments; Robert Don Hunter Dougan v HMRC

In the case of Robert Don Hunter Dougan v HMRC [2022] TC8471, the First Tier Tribunal (“FTT”) ruled the taxpayer had not deliberately intended to cause a loss…

Wyatt Paul v HMRC: Permission Needed to Raise New Points During an Appeal

The recent case of Wyatt Paul v HMRC [2022] UKUT 116 (TCC) confirmed: permission by a party must be sought from the Upper Tribunal (UT) to argue a…

mis-sold bridging loan lending solicitors advice

Case Study: Lender Default Charge of £150k+ Completely Defeated

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.

High Court provides reminder of the strict rules on valid service of the Claim Form

High Court rejects retrospective (one day) extension of time for service of the sealed Claim Form. The Claimant has a potential professional negligence claim against its’ solicitors.

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Litigation Lessons: “Weak and speculative” £3.7m professional negligence claimants awarded just £2K

A recent case of Beattie Passive Norse Ltd Anor v Canham Consulting Ltd highlights the importance of causation and repercussions of providing an inaccurate value of a claim.