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part 36 settlement offer litigation advice

High Court rule service of Claim Form to be ineffective

Piepenbrock v Associated Newspapers [2020] EWHC 1708 is another case concerning where and when service may occur on the Defendant’s solicitors. The facts are similar to the Court of Appeal case of Woodward v Phoenix Healthcare Distribution (which Lexlaw were instructed on). The Claimant, a litigant in person, purportedly served the Claim Form on the last day of its four month validity period via email on the Defendants’ solicitors, who had not confirmed whether they were authorised to accept service. This amounted to a failure to effect service of the Claim Form. Applications to the Court to validate service were refused and the claim dismissed highlighting the dangers of ‘DIY litigation’ and the importance of instructing a specialist litigation team.

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Update on FCA’s Business Interruption Insurance test case: Insurers file Defences

Given the complexity of business interruption claims and the legal uncertainty surrounding their enforcement (the FCA have issued a test case recently in the High Court), it is is essential that you seek expert legal advice early in order to prepare your Business Interruption Insurance claim.

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FCA Test Case: Are insurers obliged to pay out for Covid-19 business losses?

On 9 June 2020, the Financial Conduct Authority (FCA) filed its Claim Form and Particulars of Claim in its High Court test case on business interruption (BI) insurance policies. The court action is aimed at providing clarity and certainty for everyone involved in Business Interruption insurance disputes, policyholder and insurer alike.

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Costs: The perils of making a Calderbank offer without a time limit

Once proceedings have started, it is not correct to assume that all bets are off and it is too late to accept an offer (in all circumstances). In fact, offers that are not time-limited, not withdrawn, and not a Part 36 offer are open for acceptance during a hearing (and therefore capable of acceptance when a party is in the best possible position to know what a judge will order).

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COVID-19: Government’s non-statutory guidance on responsible contractual behaviour

The Government is strongly encouraging all individuals, businesses (including funders) and public authorities to act
responsibly and fairly in the national interest in performing and enforcing their contracts, to support the response to Covid-19 and to protect jobs and the economy.

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Litigation: Can Recorded Conversations be used as evidence in Court?

Modern technology has allowed anyone to be able to record a conversation very easily. However recording a conversation without the participants knowledge could be considered a breach of…

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Statement by LEXLAW re Coronavirus (COVID-19): HMRC’s Failure to Process NHS Uniformed Workers Claims for Laundering Uniforms

CORONAVIRUS (COVID-19): HMRC’S FAILURE TO PROCESS NHS UNIFORMED WORKERS CLAIMS FOR LAUNDERING UNIFORMS LONDON, UK – The HMRC Director General for Customer Services has taken and continues to…

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How will coronavirus (COVID-19) affect commercial contracts?

The global and unprecedented ramifications of the coronavirus (COVID-19) pandemic have exposed many businesses to legal complications and difficulties with their commercial contacts. How will coronavirus affect the…

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Court of Appeal: Indemnity costs order for “speculative” claims are not constrained by approved costs budget

In Lejonvarn v Burgess and Burgess [2020] EWCA Civ 114, the Court of Appeal have confirmed that the High Court was wrong not to punish the claimants who pursued…