Category: Civil Litigation

lukoil litasco sanctions trade force majeure litigation lawyers solicitors barristers in london uk

Court Dismisses Force Majeure & Trade Sanctions Control Defences

The High Court, in its decision on Litasco SA v Der Mond Oil and Gas Africa SA & Anor [2023] EWHC 2866 (Comm), clarified the application of force majeure and the “ownership and control” test under UK sanctions law. It emphasized that significant difficulty, nearly impossible to overcome, is necessary to invoke force majeure for debt obligations. The ruling further established stringent criteria for proving “control” in relation to sanctioned entities, highlighting the necessity for actual influence over business decisions, rather than theoretical possibilities, to satisfy this condition. This decision provides a clearer framework for businesses handling contracts under these terms.

London Litigation Solicitor Bridging Loan Finance Mis-selling Claim Complaint Compensation Settlement Case Study

Bridging Loan Case Study: McDonald v London Credit – Default Interest Rate – Unenforceable Penalty

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.

Using Unless Orders to force payment of Unpaid Costs Orders

Unless Orders are judicial directives that can force a non-compliant party to comply with a previous court order. Specifically, in the context of outstanding costs orders, Unless Orders can help ensure financial obligations are paid out.

costs lawyers in london enforce costs judgment order

Recovering the Costs of Civil Litigation

Deputy Costs Judge Joseph in the case of Coram v D R Dunthorn & Son Ltd [2023] EWHC 731 (SCCO) affirmed that the costs of instructing leading counsel for a three-day trial were not recoverable as they were deemed unreasonable and disproportionate for a case with a maximum value of £115,000 (settled for £75,000).

Litigation Lawyers London

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…