LEXLAW Solicitors & Barristers
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?
In a midnight deadline case, there is a complete undivided day following the expiry of the deadline, which should be included when calculating the limitation period. It is, therefore, crucial that limitation issues are considered at the outset of any potential claims.
The Supreme Court handed down its ruling in the FCA test case on business interruption insurance against six insurers. If you are an affected business, you should seek legal advice as soon as possible and our specialist financial services litigation team can be instructed to assist.
On 15 January 2021, the Supreme Court handed down its ruling in the FCA test case on business interruption insurance against six insurers . Many businesses will now be considering the next steps whilst waiting for their insurers to assess their case. The FCA has issued a letter setting out the next steps encouraging insurers to reassess, progress and settle claims quickly in light of the ruling.
The Supreme Court Business Interruption Insurance (BII) test case has brought clarity to policyholders who have been affected by COVID-19 and have previously been denied BII cover by their insurers. This is causing insurers to reassess policyholders’ disputes on a case by case basis. If you are an affected business, you should seek legal advice as soon as possible and our specialist financial services litigation team can be instructed to assist.
In Shaista Zuberi v Lexlaw Limited [2021] EWCA Civ 16, the Court of Appeal has refused the appellant permission to appeal to the Supreme Court. This is a welcome and important judgment for lawyers and clients equally as it provides some much needed judicial clarity on the effect of termination in respect of DBAs in litigation matters
Business interruption insurance covers businesses for loss of income during periods when the business cannot trade as usual due to an unexpected event. If you are a policyholder and your insurer is refusing to paying out for a business interruption claim related to the coronavirus pandemic, seek legal advice immediately as you may have a litigation claim to seek financial redress.
The FCA’s draft guidance on how to prove the presence of coronavirus (COVID-19) in a particular area around premises based on the High Court’s judgement and declarations is essential for policyholders in claims against insurers.
A “leapfrog” appeal to the Supreme Court may be the quickest route to get legal clarity for all parties. It is is essential that you seek expert legal advice early in order to prepare your Business Interruption Insurance claim.
Given the complexity of business interruption claims and the legal uncertainty surrounding their enforcement, it is is essential that you seek expert legal advice early in order to prepare your Business Interruption Insurance claim.