Category: Court of Appeal

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.

Directors Duties in the Zone of Insolvency (Sequana)

Insolvent Company Directors’ Personal Liability: BTI v Sequana Explained

If your company is struggling financially, your legal duties as a director change before formal insolvency begins. When does a company director’s duty shift from shareholders to creditors? Following the Supreme Court ruling in BTI v Sequana, directors face strict legal consequences for decisions made during a company’s financial distress. Learn the exact legal triggers for creditor duty and how to avoid claims for breach of fiduciary duty.

London skyline (Houses of Parliament/Big Ben) with a cracked insurance contract, a bundle of Pound Sterling cash, and a symbolic broken chain. Represents the UK Court of Appeal ruling confirming COVID-19 business interruption cover and rejecting insurer arguments on causation

Insurers Lose Appeal on COVID-19 Business Interruption Cover (At-the-Premises Disease Clauses)

The Court of Appeal in London International Exhibition Centre plc v Allianz & Ors [2024] EWCA Civ 1026 upheld the High Court’s ruling that policyholders can recover COVID-19 business interruption losses under “at the premises” disease wordings, holding that each case of COVID-19 at the insured premises formed part of the concurrent cause of national closure orders.

Manolete Case Study: Directors Liable for £1.4m Misappropriation and Unlawful Dividends

The High Court ordered the former directors of Evershine Travel Limited (In Liquidation) to repay more than £1.4 million after treating company funds as their own and authorising unlawful dividends while the company faced a £17.58 million deficit to creditors. The case highlights the severe consequences for directors who breach duties owed under the Companies Act 2006 once a company approaches insolvency.

Stylised digital illustration showing a blockchain network connecting to the Royal Courts of Justice silhouette, symbolising the intersection of cryptocurrency technology and English fiduciary law.

Court of Appeal: Blockchain Developers Owe Fiduciary Duties to Crypto Owners (Cryptocurrency Litigation)

In Tulip Trading Ltd v van der Laan & Ors [2023] EWCA Civ 83, the Court of Appeal held that software developers maintaining Bitcoin networks may arguably owe fiduciary duties to crypto owners, recognising a serious issue to be tried on whether developers’ control over blockchain code gives rise to duties of loyalty and care towards asset holders.

CCjs debt recovery london litigation lawyer solicitor barrister CFA no win no fee dba limitation period

Creditor’s Guide to Enforcement of Unpaid & Old Court Judgment Debts in the UK (2025)

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.

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.

Manolete Partners Plc v Sampson Coward LLP High Court Refuses Summary Judgment in £2m Escrow Breach Claim

Manolete Case Study: Court Refuses Summary Judgment in £2m Escrow Breach Claim (Breach of Undertaking)

The High Court refused Sampson Coward LLP’s application for summary judgment in Manolete Partners Plc v Sampson Coward LLP [2023] EWHC 37 (Ch), allowing a £2 million claim concerning alleged mismanagement of escrow accounts during UK Property and Land Specialists Ltd’s insolvency to proceed. The ruling highlights the complexity of fiduciary breaches in escrow arrangements and confirms assignees’ rights to pursue breach of undertaking claims under the Insolvency Act 1986.