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Barristers Solicitors Court Litigation UK Unfair Contract Terms

Glaser KC v Atay: Consumer Rights over Unfair Terms in Direct Access Counsel Contracts

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.

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Recovering the Costs of Civil Litigation

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).

Crypto Currency. Cryptocurrencies and Law

Crypto Exchange Held to be a Constructive Trustee for its Users

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.

Lexlaw v Zuberi – Agreed Public Statement on Settlement of Landmark DBA Litigation

Whilst this litigation produced the leading judgment of the Court of Appeal on DBAs the case itself was not resolved by trial of the preliminary issue. The parties have now amicably settled the matter.

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RBS v JP SPC 4 & Another: The Privy Council Restricts Banks’ Quincecare Duty

In the recent case of RBS v JP SPC 4 & Another, the Privy Council upheld the striking out of a claim against the Royal Bank of Scotland for damages of over £60 million.

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Bringing Professional Negligence Claims: McClean and Others v Thornhill

The case of McClean and Others v Thornhill sheds light on how those providing advice may now protect themselves based on the technicalities of a disclaimer. Multiple investors…

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

End of Furlough Scheme – what does this mean for employers?

It is fair to say that the Furlough Scheme has probably saved many thousands of jobs, but with its end employers are likely to be faced by difficult decisions about possible redundancies.

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How are the Courts dealing with COVID-related rental arrears?

The pandemic has resulted in revenue shortages and subsequent problems in meeting obligations, including the payment of rents and ancillary costs. We answer what options are available to tenants who are unable to meet rental payments.

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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.