LEXLAW Solicitors & Barristers
The Court of Appeal recently analysed a swap mis-selling complaint submitted by the Claimant under the FCA Dispute Resolution scheme (“DISP”), which complaint would stop time running for the purposes of a making a complaint to the Financial Ombudsman Service (“FOS”).
The High Court has refused permission for two property developers to amend their initial agreed cost budget of approximately £1.5 million after an attempt to request almost double the sums allowed.
Does your insurance policy provide coverage for business interruption as a result of the pandemic? The quickest way to find out is to send our Business Interruption Insurance solicitors your policy and book an advice meeting with our Solicitors and Barristers.
The Supreme Court handed down its ruling in the FCA test case on business interruption insurance against six insurers. If you are an affected business, you should seek legal advice as soon as possible and our specialist financial services litigation team can be instructed to assist.
The Supreme Court Business Interruption Insurance (BII) test case has brought clarity to policyholders who have been affected by COVID-19 and have previously been denied BII cover by their insurers. This is causing insurers to reassess policyholders’ disputes on a case by case basis. If you are an affected business, you should seek legal advice as soon as possible and our specialist financial services litigation team can be instructed to assist.
In Pallett v MGN Ltd, a case concerning the newspaper phone hacking scandal, the High Court orders the Defendant, owner of the Mirror newspaper, to pay all of the Claimant’s costs of the proceedings, despite arguments that they had accepted the settlement offer outside of the 21 day relevant period under CPR Part 36.
In Shaista Zuberi v Lexlaw Limited [2021] EWCA Civ 16, the Court of Appeal has refused the appellant permission to appeal to the Supreme Court. This is a welcome and important judgment for lawyers and clients equally as it provides some much needed judicial clarity on the effect of termination in respect of DBAs in litigation matters
Business interruption insurance covers businesses for loss of income during periods when the business cannot trade as usual due to an unexpected event. If you are a policyholder and your insurer is refusing to paying out for a business interruption claim related to the coronavirus pandemic, seek legal advice immediately as you may have a litigation claim to seek financial redress.
The landmark Court of Appeal judgment in Shaista Zuberi v Lexlaw Limited [2021] EWCA Civ 16 makes clear that termination fees are not caught by the DBA Regulations and any DBA including termination clauses is enforceable. The judgment paves the way for DBAs to flourish and enhances access to justice.
Key changes include a new draft Practice Direction 57AC; the need to identify the documents which the witness has been referred to for the purpose of providing the evidence and endorsement by a certificate of compliance signed by a lawyer.