Category: Contractual duties

Miniature family home with house keys, financial documents, calculator and hourglass representing time to avoid mortgage repossession.

Section 36 AJA 1970: Delay Mortgage Repossession

Behind on your mortgage and facing a court date? Learn how the court can give you more time, what evidence persuades a judge and why bridging loans are treated differently.

Relief from Sanctions Applications / Civil Litigation / Expert London Litigation Lawyers / LEXLAW

When will the Court Grant Relief from Sanctions under CPR 3.9 (Civil Litigation)?

An application for relief from sanctions under CPR 3.9 is available where a party has failed to comply with court deadlines or procedural rules. The court will apply the three-stage test from Denton v TH White Ltd, considering (1) the seriousness of the breach, (2) the reasons for the default, and (3) all the circumstances of the case. Relief must be sought promptly, as delay may undermine the application.

McGuinness & Anor v Goldentree Financial Services PLC & Anor [2025] EWHC 870 (Ch)

Case Study: Commercial Lender Defeats Consumer Credit Claim (McGuiness v Goldentree 2025)

McGuinness v Goldentree [2025] EWHC 870 (Ch) clarifies investment property loan exemptions under Article 61A FSMA 2000. The High Court struck out regulatory challenges to commercial development finance, confirming contemporaneous evidence establishes business purposes. The judgment reinforces that former directors lack litigation authority during administration without administrator consent. This decision protects legitimate commercial lending from spurious consumer credit challenges whilst emphasising robust documentation practices for development finance practitioners.

Financial services, UK financial law,

High Court Rules on £8 Million Spread Betting Claim: FSMA & FCA COBS Rules Compliance Examined

Real Estate Tycoon, Tchenguiz challenged the £6.5 million claim by IG Index Limited over spread-betting debt but court upheld the claimant’s position. The ruling implicates critical precedent for financial instruments, spread betting, statutory interpretation of financial regulations.

WhatsApp digital messages can form legally binding contracts in English law.

Are WhatsApp Agreements Valid Contracts? High Court Rules in Jaevee Homes Limited v Fincham

Legally binding contracts in UK contract law can be made via WhatsApp, email, & text messages. The Jaevee Homes v Fincham High Court ruling confirms digital agreements require offer, acceptance, consideration, & intention (based on an objective test). Understand contract formation via electronic communication & risks of informal digital contracts in English law.

Barristers Solicitors Court Litigation UK Unfair Contract Terms

Glaser KC v Atay: Consumer Rights over Unfair Terms in Direct Access Counsel Contracts

The ruling in Glaser KC & Miller v Atay [2023] EWHC 2539 (KB) affects individuals who have instructed direct access barristers and had to pay fixed fees even if a trial did not go ahead. The judge’s verdict rendered this inherently unfair term effectively null and void with no quantum meruit fallback.

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.

contempt of court committal

Ulster Bank DAC and Ors v McDonagh and Ors: CA Holds That Civil Liability Act 1961 Inapplicable To Debt Recovery Cases

In the recent case of Ulster Bank DAC and Ors v McDonagh and Ors, the Court of Appeal confirmed that, as debt recovery cases are not considered actions for “damages”, the Civil Liability Act 1961 (CLA) does not apply to them.