Category: Disclosure

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Consumer Credit Act 1974 Reform: What Borrowers Need to Know

From outdated statute to FCA rulebook: the Consumer Credit Act 1974 is facing its most significant overhaul in fifty years. Automatic sanctions that have protected borrowers for decades are proposed for repeal, voluntary termination rights hang in the balance, and the window to enforce existing statutory protections is closing. Here is what every borrower needs to know before the law changes.

Ultimate Guide to HMRC Discovery Assessments: How to Challenge & Appeal (2026)

HMRC discovery assessments can arrive years after you filed, but many are successfully challenged. This guide explains the legal framework, grounds of appeal, and how to protect your position in 2026.

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.

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High Court: Accountant’s report can be disclosed in litigation

For privilege to apply, there must be a lawyer (i.e. a solicitor or barrister) in the communication for legal advice privilege to apply. Legal advice privilege does NOT extend to other professionals such as accountants. Therefore, in disputes with HMRC for example, (potentially incriminating) communications with an accountant can be disclosed and are not privileged.

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Update on the Operation of the Disclosure Pilot Scheme

The DPS is intended to promote a wholesale change of culture in the approach to the disclosure process in civil litigation, with the hope that it will result in a more efficient and flexible disclosure process, tailored to the individual requirements of each case.

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Norwich Pharmacal Pre-Action Disclosure Order granted for barrister to disclose defamatory Twitter messages

In the High Court case of Collier & Ors v Bennett, three claimants obtained a Norwich Pharmacal order against Doughty Street Chambers’ barrister, Daniel Bennett for pre-action disclosure of messages and details of a Twitter account to assist victims of libel and harassment.

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Norwich Pharmacal Relief: Non-party disclosure sought from Bank

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.