LEXLAW Solicitors & Barristers
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
You can apply to annul your bankruptcy on the basis that all of your debts and expenses have been repaid in full or to the satisfaction of the Court. Third parties such as claims management companies commonly assist bankrupts in obtaining a bridging loan or other short term finance. Due to the nature of these complex, high interest rate loans, you should seek legal advice in relation to the same, which loans are commonly mis-sold and can result in the individual finding themselves in further financial difficulty e.g. facing possession.
There are, as a result of coronavirus restrictions, bound to be many more remote and virtual hearings as courts, tribunals and other forms of dispute resolution adapt to appropriate new ways of working. The guidance sets out the best ways to prepare for hearings proceeding remotely.
Bridging loans are a complex subject matter and which most generalist lawyers simply won’t be familiar with or understand to a level adequate enough to be able to recognise and formulate a mis-selling claim. Our financial services litigation team will ensure your bridging finance mis-selling claim achieves the best possible result in terms of putting you back in the position your business would have been in but for the mis-sold short term loan.
All solicitors have a duty to advise their clients about alternative dispute resolution (ADR), including mediation. Along with the ADR requirements in the pre-action protocols, the CPR and court schemes, overall, mediation is an option that must be considered by parties both before and during litigation (and a failure to do so can lead to costs penalties).
The Court of Appeal considered the rules regarding Norwich Pharmacal applications for non-party disclosure and the costs of the same. The decision concerning Natwest bank and a limited company, provides helpful guidance to parties when making applications for third party disclosure and understanding the importance of pre-action correspondence which will impact any order for costs.
The Court of Appeal has held that the automatic stay on possession proceedings imposed by Practice Direction 51Z also applies to appeals against possession orders.
A litigation court order for indemnity costs means the party that lost has been ordered to pay a higher costs contribution to the winner than is standard. Judges…
The doctrine of precedent is one of the most important features of the law of England and Wales. It is important to understand in litigation when and if a past court decision is binding on subsequent courts. It can mean the difference between winning and losing a case.
In Lejonvarn v Burgess and Burgess [2020] EWCA Civ 114, the Court of Appeal have confirmed that the High Court was wrong not to punish the claimants who pursued…