Category: High Court

newspaper-the-mirror-phone-hacking-roxanne-pallett-proceedings-litigation-offer-settlement-part-36-costs

Claimant wins battle over Defendant’s late acceptance of Part 36 offer in phone hacking claim

In Pallett v MGN Ltd, a case concerning the newspaper phone hacking scandal, the High Court orders the Defendant, owner of the Mirror newspaper, to pay all of the Claimant’s costs of the proceedings, despite arguments that they had accepted the settlement offer outside of the 21 day relevant period under CPR Part 36.

Litigation Lawyers in London High Court

Damages Based Agreements: Permission to appeal to Supreme Court refused in landmark DBAs case

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

china chinese insolvency chase debt unpaid invoice lexlaw litigation solicitors barristers in london limitation

Damages Based Agreements: Court of Appeal upholds enforceability of DBAs in the event of termination

The landmark Court of Appeal judgment in Shaista Zuberi v Lexlaw Limited [2021] EWCA Civ 16 makes clear that termination fees are not caught by the DBA Regulations and any DBA including termination clauses is enforceable. The judgment paves the way for DBAs to flourish and enhances access to justice.

lexlaw litigation lawyers london civil evidence advice

Witness Statements: New Rules Upcoming in the Business and Property Courts

Key changes include a new draft Practice Direction 57AC; the need to identify the documents which the witness has been referred to for the purpose of providing the evidence and endorsement by a certificate of compliance signed by a lawyer.

employer employee restrictive covenant employment dispute breach of contract litigation tribunal high court

Non-compete in employment contract held to be unreasonable and void

The coronavirus pandemic has led to many individuals losing their jobs due to redundancies and employees may wonder where they stand in relation to any restrictive covenants in their contracts. The case of Quilter Private Client Advisers v Falconer discusses the factors to be taken into account when seeking to enforce a restrictive covenant, which in this case was a 9 month non compete, which was found to be void and unenforceable.

business interruption insurance claim solicitors

Business Interruption Insurance: FCA guidance on how policyholders can prove the presence of COVID-19

The FCA’s draft guidance on how to prove the presence of coronavirus (COVID-19) in a particular area around premises based on the High Court’s judgement and declarations is essential for policyholders in claims against insurers.

Unexplained wealth order

High Court issues costs penalty for failure to resolve issues with ADR

This latest High Court case again demonstrates the pitfalls for litigants who unreasonably refuse to engage in Alternative Dispute Resolution such as mediation to resolve issues. Parties that fail to do so risk be punished by the court when it comes to costs.

business interruption insurance claim solicitors

FCA’s Business Interruption Insurance Appeal to be heard at Supreme Court

A “leapfrog” appeal to the Supreme Court may be the quickest route to get legal clarity for all parties. It is is essential that you seek expert legal advice early in order to prepare your Business Interruption Insurance claim.

CPR Part 36 Part 18 Litigation UK Solicitors

High Court holds Ed Sheeran’s lawyers gave inadequate responses to Part 18 requests in copyright infringement case

The High Court has held that singer Ed Sheeran, ignored CPR Part 18 Requests for Information from Defendants in a copyright infringement case. The Court takes breaches of its rules seriously.

london solicitor high court litigation second opinion

German company commences High Court litigation over unpaid Letter of Credit

A Letter of Credit is an irrevocable written commitment by a Bank to make payment to a seller, in connection with the export of specific goods, against the presentation of specified documents identified in the Letter of Credit and relating to those goods. If you have a dispute about a documentary credit our expert UK lawyers can assist.