Category: Winding-up Petitions

HMRC's Abuse of Process Winding-up Petition Defeated Injunction

Case Study: £0.5m HMRC Winding-up Petition Defeated

HMRC consented to the dismissal of a £0.5m winding-up petition against our client company, conceding their petition and agreeing to pay substantial costs. Our solicitor and counsel team successfully argued HMRC’s actions, including account freezing and misrepresentation, were an abuse of the proper process of the Companies Court. This case highlights the repercussions for all, including UK Government agencies, that engage in unjustified petitions.

Post date 21 June 2024
Post author By LEXLAW Solicitors & Barristers
Post categories In HMRC, Winding-up Petitions
Tags Case Study, HMRC, HMRC Petition, Injunctions, Litigation, Success

Bridging loan litigation UK Bridging loan dispute UK Bridging loan misrepresentation UK Bridging loan solicitor UK Bridging loan lawyer UK

UK Bridging Loans: Fast Cash for Significant Risk?

Unregulated bridging loans are a short-term financing solution often used by UK property owners. Whether for swift property purchases, renovation projects, or addressing unexpected business costs, bridging finance can provide quick access to capital. However this is at significant cost and risk which some borrowers don’t understand. You must carefully consider the risks associated bridge loans. Seeking professional advice is crucial.

Post date 14 May 2024
Post author By LEXLAW Solicitors & Barristers
Post categories In Bridging Finance, Bridging Loan, Financial Mis-selling, Financial Services Litigation, Insolvency, Litigation, Statutory Demands, Winding-up Petitions
Tags bankruptcy annulment, Bridging Loan, Financial Services, Litigation, Mis-selling

Section 994 Petitions, Companies Act 2016

Quick Guide: s.994 Companies Act Unfair Prejudice Petitions

English law Unfair Prejudice Petitions offer a remedy for minority shareholders facing oppression by the majority within a company. Where the prospect of winding-up proves undesirable, section 994(1) of the Companies Act 2006 provides an alternative avenue for seeking redress. At LEXLAW, our expert company law team specialises in navigating the complexities of shareholder disputes and unfair prejudice claims.

Post date 24 April 2024
Post author By Hamza Chaudhry
Post categories In Business and Property Courts, Civil Litigation, Civil Procedure Rules, CPR, High Court, Litigation, Unfair Prejudice, unfair prejudice petition, unfair prejudice petition, Winding-up Petitions
Tags Civil Procedure Rules, companies act 2006, CPR, Disclosure, fairness, Insolvency, Limitation, prejudicial, remedies, shareholder disputes, unfair prejudice, unfair prejudice claims, unfair prejudice petition, Winding up petitions

Hunt v. Balfour-Lynn: No Breach of Duty for Directors entering into a Tax Avoidance Scheme

Our Director Liability litigation team review this recent judgment where a liquidator lost a claim for breach of director’s duties over a tax avoidance scheme.

Post date 11 August 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In Director's Duties, Insolvency, Winding-up Petitions
Tags Directors Duties, High Court, Litigation, Tax, Tax Avoidance

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Post-COVID: Restrictions on Winding-up Petitions Lifted

The pandemic saw numerous restrictions being imposed on winding-up petitions. These restrictions were lifted on the 1st of April 2022. If you are a creditor who has been unable to recover outstanding debts throughout the pandemic, our team of specialist debt recovery solicitors and barristers can assist you in making the most out of these recent changes.

Post date 1 April 2022
Post author By LEXLAW Solicitors & Barristers
Post categories In COVID-19, Litigation, Uncategorized, Winding-up Petitions
Tags COVID-19, Debt recovery, Litigation, Winding-up Petitions

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Case Study: Supreme Court rules on Reflective Loss in Sevilleja v Marex Financial Ltd

This decision confirms the rule against reflective loss as an important tool to protect the payment waterfall for unsecured creditors in the event of a company’s insolvency.

Post date 31 July 2020
Post author By Aashma Marahatta
Post categories In Civil Litigation, CPR, Injunction, Insolvency, Litigation, Media, News, Remote hearings, Supreme Court, Winding-up Petitions
Tags Company advice, Director Disputes, Reflective Loss, UK Supreme Court

UK Supreme Court finds Daiwa Capital Markets in breach of its Duty and upholds $153 million Negligence Claim

The UK Supreme Court, in the much anticipated judgment in Singularis Holdings Ltd (the “Respondent”) v Daiwa Capital Markets Europe Ltd (the “Appellant”) [2019] UKSC 50, have unanimously…

Post date 31 October 2019
Post author By James McConkey
Post categories In Banking Dispute Resolution Service, Banking Law, Litigation, Media, News, Winding-up Petitions
Tags Claims against Banks, Fiduciary duties, Negligent Financial Adviser, Professional Negligence, Supreme Court

High Court Litigation – Metro Bank Plc

Our team of bank litigators can assist on litigation claims or high value Financial Ombudsman Service complaints against Metro Bank Plc. We have brought very high value claims against…

Post date 20 March 2017
Post author By LEXLAW Solicitors & Barristers
Post categories In Banking Law, Borrower Protection, Enterprise Finance Guarantee, Financial Services Litigation, Fixed Rate Loans, Insolvency, Litigation, Property Litigation, Winding-up Petitions
Tags Banking Law, Banks, Business Support Unit, EFG, EFG Mis-selling, FCA, Financial Conduct Authority, Financial Ombudsman Service, Financial Regulation, Financial Services, Financial Services Authority, FSA, Litigation, Metro Bank Plc

Media Appearance: LEXLAW’s M Ali Akram on Comet Administration (Sky News)

LEXLAW’s M Ali Akram, who practises insolvency law at the firm, was interviewed by Joel Hills live on Sky News Business and also featured in a report by Sky News’…

Post date 18 December 2012
Post author By LEXLAW Solicitors & Barristers
Post categories In Insolvency, Litigation, Media, News, Winding-up Petitions
Tags Administration, Insolvency, Media, Media Appearances, News, Private Equity, Sky News, Sky News Business, Winding-up Petitions

Comet Administration highlights ‘Inequity of Legal Arms’

LEXLAW Senior Partner, M Ali Akram, was interviewed by Joel Hills live on Sky News Business providing insolvency law commentary around the collapse of Comet Group Limited. Joint…

Post date 18 December 2012
Post author By LEXLAW Solicitors & Barristers
Post categories In Administration, Insolvency, Media, News, Winding-up Petitions
Tags Administration, Administrators, Comet Group Ltd, Insolvency, Media, Sky News Business, Winding-up Petitions

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Case Study: £0.5m HMRC Winding-up Petition Defeated

UK Bridging Loans: Fast Cash for Significant Risk?

Quick Guide: s.994 Companies Act Unfair Prejudice Petitions

Hunt v. Balfour-Lynn: No Breach of Duty for Directors entering into a Tax Avoidance Scheme

Post-COVID: Restrictions on Winding-up Petitions Lifted

Case Study: Supreme Court rules on Reflective Loss in Sevilleja v Marex Financial Ltd

UK Supreme Court finds Daiwa Capital Markets in breach of its Duty and upholds $153 million Negligence Claim

High Court Litigation – Metro Bank Plc

Media Appearance: LEXLAW’s M Ali Akram on Comet Administration (Sky News)

Comet Administration highlights ‘Inequity of Legal Arms’

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When Stalled Litigation is an Abuse of the Proper Process of the Court

Cryptocurrency Litigation Success: Assessing Compensatory Damages in Lieu of an Injunction for Specific Performance

Case Study: £0.5m HMRC Winding-up Petition Defeated