Category: CPR

Using Unless Orders to force payment of Unpaid Costs Orders

Unless Orders are judicial directives that can force a non-compliant party to comply with a previous court order. Specifically, in the context of outstanding costs orders, Unless Orders can help ensure financial obligations are paid out.

Court Judgment Highlights Rules Regarding Claim Form Service

The case of Dr Markus Boettcher v (Xio (UK) LLP & Ors [2023] EWHC 801 (Comm) (05 April 2023) recently had an interim judgment decided by the Commercial Court.

Challenging Validity of Discovery Assessments; Robert Don Hunter Dougan v HMRC

In the case of Robert Don Hunter Dougan v HMRC [2022] TC8471, the First Tier Tribunal (“FTT”) ruled the taxpayer had not deliberately intended to cause a loss…

expert evidence remote hearings

High Court: Breaches of procedural rules when it comes to expert advice will not be tolerated

Expert evidence is important and can help prove a claim or disprove allegations, especially where the case involves matters on which the court does not have the requisite technical or academic knowledge, or the case involves issues of foreign law. Unlike witnesses of fact, a qualified expert is permitted to give opinion evidence on any relevant matter.

High Court provides reminder of the strict rules on valid service of the Claim Form

High Court rejects retrospective (one day) extension of time for service of the sealed Claim Form. The Claimant has a potential professional negligence claim against its’ solicitors.

maxim moskalev wins UK legal case Moskalev v Yanishevskiy (BR-2020-000554) Solicitors London

Client Case Study: Moskalev wins against Yanishevskiy for improper Statutory Demand

The Respondent to an application to set aside a statutory demand must bear the costs of the application, even if they withdrew the demand shortly after the application was filed.

Litigation Lawyers in London High Court

County Court Judgments and Enforcement after COVID-19

Following lifting of government lockdowns during the pandemic, enforcement action including bailiffs attending properties can now resume. There may also be changes to debt recovery legislation which protective measures were brought in during the pandemic to prevent aggressive debt recovery action from debtors affected by coronavirus. If you have received a county court judgment against you or your company, get in touch with our litigation team as soon as possible.

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.