Category: COVID-19

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Claimant’s Part 36 offer of 99.7% was genuine offer to settle proceedings

In a multi million pound breach of contract case, where there was no substantive defence to the claim and the Defendant accepted summary judgment and liability for the Claimant’s costs, the High Court held that a Claimant’s Part 36 offer to accept only 0.3% less than the full sum being claimed was a “genuine offer to settle” under CPR 36.17(5)(e).

New Practice Note: Remote Hearings in the Senior Courts Costs Office

We specialise in detailed assessments where clients are disputing the charges of their former solicitors. If you instruct us we will vigorously fight your case and get a reduction of your bill, which we will consider doing for you on a no win no fee basis. We act for both clients and for the solicitors. Our London lawyers are based just minutes from the Senior Courts Costs Office and can be deployed with speed as the client’s needs and case demands.

FCA High Court case SME advice

Update: FCA’s Business Interruption Insurance Test Case

The FCA’s test case is likely to be the quickest route to clarity on whether losses caused by Covid-19 are covered by Business Interruption insurance. Most SME insurance policies are focused on property damage (and only have basic cover for BI as a consequence of property damage) so, at least in the majority of cases, insurers are not obliged to pay out in relation to the coronavirus pandemic. This case is focused on the remainder of policies that could be argued to include cover.

insurance claim solicitor london

Update on Business Interruption Insurance test case

Given the complexity of business interruption claims and the legal uncertainty surrounding their enforcement (the FCA have issued a test case recently in the High Court), it is advisable that you seek expert legal advice early in order to prepare your Business Interruption Insurance claim.

litigation; interim remedy; default judgment; CPR; set aside; application; london

Judgment set aside: Unfair to serve on empty offices in COVID-19 and prospects of successful defence

The High Court set aside a default judgment because the Claim Form had been served on “empty offices” during the COVID-19 lockdown. Despite the Claimant’s solicitors attempts to engage in pre-action correspondence and check requirements for service, the Court was satisfied that the Defendant showed real prospects of successfully defending the claim.

failure to mediate costs

The Cost of an Unreasonable Refusal to Mediate

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).

business interruption insurance claim solicitors

FCA Test Case: Are insurers obliged to pay out for Covid-19 business losses?

On 9 June 2020, the Financial Conduct Authority (FCA) filed its Claim Form and Particulars of Claim in its High Court test case on business interruption (BI) insurance policies. The court action is aimed at providing clarity and certainty for everyone involved in Business Interruption insurance disputes, policyholder and insurer alike.

lexlaw litigation breach of contract lawyers

COVID-19: Government’s non-statutory guidance on responsible contractual behaviour

The Government is strongly encouraging all individuals, businesses (including funders) and public authorities to act
responsibly and fairly in the national interest in performing and enforcing their contracts, to support the response to Covid-19 and to protect jobs and the economy.

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Urgent Injunctions: Can I apply to the court for a freezing order during Covid-19?

During the lockdown, many businesses have moved to online and remote working. Action Fraud reports daily on coronavirus-linked fraudulent activity including phishing and online hacking scams. As companies continue to suffer financially, now more than ever, parties require the assistance of the court should an urgent injunction be necessary.