LEXLAW Solicitors & Barristers
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.
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…
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…
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 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.
Extension of limitation period for claims against property developers for unsafe cladding will lead to further breach of building regulation claims.
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.
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.
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…
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.