LEXLAW Solicitors & Barristers
We are the leading firm representing Directors and Companies facing HMRC Security Notices and we regularly succeed on behalf of clients. Here, our counsel successfully fought HMRC Security Notices that sought to impose over £215,000 in personal liability for VAT and PAYE debts. The case is a landmark victory against HMRC Notices of Requirement to give Security.
CPR Part 36 is a powerful tactical mechanism within the Civil Procedure Rules that can dramatically shift litigation risk and costs. A compliant, well‑timed Part 36 offer can unlock indemnity costs, enhanced interest and Jackson uplifts for claimants, while giving defendants a crucial tool to cap exposure and force serious engagement with settlement.
Contrary to common belief, unpaid High Court & County Court judgments (CCJs) do not always become unenforceable after six years. With proper legal procedures and court permission, creditors can successfully enforce judgment debts many years old.
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.
The Tribunal in Hastings Insurance Services Ltd v HMRC confirmed that UK intermediaries can recover VAT on services provided to overseas insurers. This decision challenges HMRC’s interpretation of VAT law and sets a strong precedent for cross-border transactions.
In Manolete Partners PLC v White, the Court of Appeal ruled that a pro bono costs order under Section 194 LSA 2007 for £85,000 payable to the Access to Justice Foundation (AJF) was unconditional and could not be set off against the pro bono party’s outstanding judgment debt, reinforcing the distinct legislative purposes of the provision.
In addressing the challenge of stalled litigation, the Civil Procedure Rules provide an extensive legal framework designed to facilitate swift and just resolution of cases. Central to this framework is the overriding objective of the CPR, which mandates that cases should be handled justly and at proportionate cost.
We successfully represented a client in a significant cryptocurrency loan dispute. On 2 July 2024, the High Court handed down a judgment varying the valuation date for assessing damages in lieu of specific performance. Initially, the County Court had set the valuation date at the breach in 2019, which did not account for the significant increase in Ethereum’s value.
A litigation funding report for the Legal Services Board evaluates UK litigation funding. It finds such funding can improve access to justice, facilitate consumer interest cases, and support a healthy legal market. However, it identifies the problems of highly limited, highly selective funding, potential cost tensions, and the need for robust AML controls.
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.