LEXLAW Solicitors & Barristers
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.
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.
Deputy Costs Judge Joseph in the case of Coram v D R Dunthorn & Son Ltd [2023] EWHC 731 (SCCO) affirmed that the costs of instructing leading counsel for a three-day trial were not recoverable as they were deemed unreasonable and disproportionate for a case with a maximum value of £115,000 (settled for £75,000).
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.
The Court of Appeal upheld the High Court’s dismissal of Manolete Partners’ £849,278 claim against director Ebrahim Dalal, finding the evidence for alleged unreported sales too weak to meet the civil standard of proof. The case underscores the evidential challenges liquidators face when pursuing directors for purported accounting deficiencies.
In the case Wright v McCormack [2022] EWHC 3343 (KB), the High Court has taken it upon themselves to begin contempt proceedings against certain individuals who may have revealed the content of a judgment while it was still under embargo.
In Supreme Court case of Candey Ltd v Crumpler and another (as Joint Liquidators of Peak Hotels and Resorts Ltd (In Liquidation))[2022] UKSC 35 the question in issue was that under what circumstances will solicitors have waived (or be inferred to have waived) their equitable lien when a solicitor enters into a security arrangement with a client?
The recent decision in Jones v Persons Unknown [2022] EWHC 2543 (Comm) has elated users of Crypto Exchanges operating in the UK as the Court held that the defendant Crypto Exchange should be taken as a constructive trustee in relation to the Wallet holders.
The Court of Appeal case of Re Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371, in the context of an unfair prejudice petition filed according to Section.994 of the Companies Act of 2006, the Court of Appeal has clarified the meaning of the contractual responsibility of good faith.
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…