LEXLAW Solicitors & Barristers
If you’re facing liquidator legal action backed by Manolete Partners (or other litigation funders), expert legal representation is essential. We specialise in defending clients against such claims. Our expert team provides strategic legal support to counter aggressive tactics and ensure the most optimal outcome is achieved by you in your case.
We successfully annulled a bankruptcy order against our client after HMRC failed to properly serve notice of a key hearing. Mr. Gaster proved this procedural error denied him the chance to present evidence of his ability to pay. The court’s judgment emphasized due process under Rule 10.23 of the Insolvency Rules 2016, exposing flaws in HMRC’s conduct and evidence on the adjournment notice.
Funding Circle personal guarantees are under legal scrutiny, with a High Court case questioning their enforceability. Many business owners face enforcement actions following loan transfers to Azzurro Associates. This article explores the implications, risks, and potential legal defences available to guarantors.
In Purkiss v Kennedy, the High Court rejected a liquidator’s attempt to recover unpaid PAYE and NICs from Ethos Solutions Ltd’s failed tax avoidance scheme. The court found no fraudulent intent to evade HMRC under Insolvency Act 1986, Section 423. This case highlights HMRC’s challenges in tax recovery via insolvency law and the need to prove intent.
In addressing the challenge of stalled litigation, the Civil Procedure Rules provide an extensive legal framework designed to facilitate swift and just resolution of cases. Central to this framework is the overriding objective of the CPR, which mandates that cases should be handled justly and at proportionate cost.
We successfully represented a client in a significant cryptocurrency loan dispute. On 2 July 2024, the High Court handed down a judgment varying the valuation date for assessing damages in lieu of specific performance. Initially, the County Court had set the valuation date at the breach in 2019, which did not account for the significant increase in Ethereum’s value.
English law Unfair Prejudice Petitions offer a remedy for minority shareholders facing oppression by the majority within a company. Where the prospect of winding-up proves undesirable, section 994(1) of the Companies Act 2006 provides an alternative avenue for seeking redress. At LEXLAW, our expert company law team specialises in navigating the complexities of shareholder disputes and unfair prejudice claims.
UK financial institutions have been selling interest rate swaps and fixed-rate loans without fully disclosing the risks and contingent liabilities involved, leading to substantial liabilities for customers. Lexlaw, a law firm specialising in hidden derivatives litigation, advises on legal action for SMEs and individuals affected by mis-selling. They guide clients through obtaining redress, often achieving out-of-court settlements with banks and insurers eager to avoid precedent-setting judgments. Lexlaw provides a step-by-step guide for those suspecting they’ve been mis-sold financial products, encouraging prompt legal advice to meet claim deadlines.
The High Court, in its decision on Litasco SA v Der Mond Oil and Gas Africa SA & Anor [2023] EWHC 2866 (Comm), clarified the application of force majeure and the “ownership and control” test under UK sanctions law. It emphasized that significant difficulty, nearly impossible to overcome, is necessary to invoke force majeure for debt obligations. The ruling further established stringent criteria for proving “control” in relation to sanctioned entities, highlighting the necessity for actual influence over business decisions, rather than theoretical possibilities, to satisfy this condition. This decision provides a clearer framework for businesses handling contracts under these terms.
The ruling in Glaser KC & Miller v Atay [2023] EWHC 2539 (KB) affects individuals who have instructed direct access barristers and had to pay fixed fees even if a trial did not go ahead. The judge’s verdict rendered this inherently unfair term effectively null and void with no quantum meruit fallback.