Summary Judgment: Win Without a Trial?
Yes, if the other side has no real prospect of winning. This guide explains the CPR Part 24 test, who can apply, the 14, 7 and 3 day timetable and what the court can order.
Yes, if the other side has no real prospect of winning. This guide explains the CPR Part 24 test, who can apply, the 14, 7 and 3 day timetable and what the court can order.
If your bank account is frozen by an interim third party debt order, the bank must hold only the amount stated in the order until a court hearing fixed for at least 28 days after it was made. You can oppose the final third party debt order and, if you are an individual, apply for a hardship payment order under CPR Part 72.
In complex civil litigation, lower courts can commit critical procedural errors, such as deciding an application based on arguments that were never formally pleaded by the parties. As demonstrated by the High Court’s ruling today in Arran Coghlan & Anor v Lexlaw Ltd, an appellate strategy that holds a lower court to the boundaries of civil procedure can successfully reverse an irregular judgment.
Master Cook’s ruling in Chinda v Cardiff & Vale University Health Board EWHC 2696 (KB) refuses permission to withdraw an accepted Part 36 offer, stressing that a mere change of mind fails CPR 36.10’s “change of circumstances” test – even for vulnerable claimants. The court prioritised CPR Part 36 certainty.
Contrary to common belief, unpaid High Court & County Court judgments (CCJs) do not always become unenforceable after six years. With proper legal procedures and court permission, creditors can successfully enforce judgment debts many years old.
An application for relief from sanctions under CPR 3.9 is available where a party has failed to comply with court deadlines or procedural rules. The court will apply the three-stage test from Denton v TH White Ltd, considering (1) the seriousness of the breach, (2) the reasons for the default, and (3) all the circumstances of the case. Relief must be sought promptly, as delay may undermine the application.
Account Freezing Orders (AFOs) are among the most formidable tools that law enforcement and regulatory bodies in England and Wales wield in the fight against financial crime. In…
As crypto fraud escalates, traditional legal tools like Norwich Pharmacal Orders may not be sufficient to unmask anonymous perpetrators. This article explores the limitations of NPOs in the decentralised crypto world and outlines emerging legal remedies, including Bankers Trust Orders, proprietary injunctions, and the Law Commission’s proposed free-standing information orders.
Legally binding contracts in UK contract law can be made via WhatsApp, email, & text messages. The Jaevee Homes v Fincham High Court ruling confirms digital agreements require offer, acceptance, consideration, & intention (based on an objective test). Understand contract formation via electronic communication & risks of informal digital contracts in English law.
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.