Category: Civil Litigation

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…

Post date 19 October 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Civil Litigation, Civil Procedure Rules, CPR, First Tier Tax Tribunal, HMRC, Litigation, Taxation
Tags Civil Procedure Rules, CPR, Discovery Assessment, First Tier Tax Tribunal, FTT, HMRC, Litigation, Tax Disputes, Tax Litigation, Tax return

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…

Post date 18 October 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Administrative Law, Civil Litigation, Court of Appeal, Financial Services Litigation, Financial Services Tribunal, HM Treasury, HMRC, Immigration, Litigation, Taxation
Tags Appeal, Derivatives, Financial Regulation, Financial Services, HMRC, Interest Rate Swaps, Litigation, PaulvHMRC

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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.

Post date 16 June 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Banking Law, Borrower Protection, Bridging Finance, Bridging Loan, Civil Litigation, Financial Mis-selling
Tags Banking Law, bridging finance dispute, Bridging Loan Mis-selling Claim, Case Study, Litigation, Mis-selling

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.

Post date 26 July 2021
Post author By LEXLAW Solicitors & Barristers
Post categories In Chancery Division, Civil Litigation, Civil Procedure Rules, COVID-19, CPR, High Court, Legal Negligence, Litigation, Negligent Solicitors, News, Professional Negligence
Tags Civil Procedure Rules, Claim form, Litigation, No win no fee, Second Opinion

Government announces 15 year limitation period for “shoddy workmanship” claims

Extension of limitation period for claims against property developers for unsafe cladding will lead to further breach of building regulation claims.

Post date 6 July 2021
Post author By Shrey Bahl
Post categories In Civil Litigation, CPR, High Court, Litigation, Professional Negligence, Property Litigation
Tags grenfell, housing secretary, labour, legislation, Property Disputes, Property Litigation

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.

Post date 4 June 2021
Post author By Erica Truong
Post categories In Breach of Contract, Civil Litigation, Civil Procedure Rules, Court of Appeal, CPR, High Court, Legal Negligence, Litigation, Negligent Conveyancer, Part 36, Pre-action Protocol, Professional Negligence, Standard costs
Tags Claims against conveyancers, Claims against Solicitors, costs, Professional Negligence

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Beware of Limitation Periods: Supreme Court clarifies time periods for litigation claims

In a midnight deadline case, there is a complete undivided day following the expiry of the deadline, which should be included when calculating the limitation period. It is, therefore, crucial that limitation issues are considered at the outset of any potential claims.

Post date 28 May 2021
Post author By Erica Truong
Post categories In Business and Property Courts, Chancery Division, Civil Litigation, Civil Procedure Rules, Legal Negligence, Litigation, Negligent Solicitors, Supreme Court
Tags Claim form, CPR, Limitation Act, Limitation Act 1980, Negligent Solicitor, Time Limits, Time to issue a claim

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Commercial leases not frustrated by COVID-19 restrictions, High Court rules

The High Court has ruled that commercial leases were not “temporarily frustrated” by the coronavirus (COVID-19) pandemic and therefore the tenants were still obliged to pay rents to…

Post date 26 May 2021
Post author By Sivakumaran Sivathillainathan
Post categories In Breach of Contract, Business and Property Courts, Chancery Division, Civil Litigation, Contractual duties, COVID-19, High Court, HMCTS, Landlord, Litigation, News, Property Litigation, Summary judgment, Tenant, Uncategorized
Tags Breach of contract, Civil Litigation, commercial lease, Frustration, High Court, Judgments, Landlord and Tenant

County Court Judgments and Enforcement after COVID-19

Following lifting of government lockdowns during the pandemic, enforcement action including bailiffs attending properties can now resume. There may also be changes to debt recovery legislation which protective measures were brought in during the pandemic to prevent aggressive debt recovery action from debtors affected by coronavirus. If you have received a county court judgment against you or your company, get in touch with our litigation team as soon as possible.

Post date 26 May 2021
Post author By Shrey Bahl
Post categories In Civil Litigation, Coronavirus, Costs, County Court, CPR, FCA, Financial Services Tribunal, Insolvency, Litigation
Tags CCJ, county court judgment, court judgment, court order, default judgment, Remove CCJ, remove court judgement

High Court rules COVID-19 self-isolation counts as force majeure not breach of contract

In Dwyer (UK) Franchising Ltd v. Fredbar Ltd & Bartlett [2021] EWHC 1218 (Ch), the High Court ruled that self-isolating due to coronavirus (COVID-19) counted as ‘force majeure’,…

Post date 25 May 2021
Post author By Sivakumaran Sivathillainathan
Post categories In Act of God, Breach of Contract, Civil Litigation, Contractual duties, Coronavirus, COVID-19, Force Majeure, High Court, HMCTS, Litigation, News
Tags Breach of contract, Civil Litigation, Contractual Duties, Force Majeure, High Court, Judgments, Litigation

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