LEXLAW Solicitors & Barristers
An award of indemnity costs might give a party in a lawsuit a major advantage, due to the fact that the paying party will be responsible for the legal expenses and the proportionality criterion will not be applied. Since costs on the standard basis are the norm, the indemnity costs principle (included in Civil Procedure Rules 44.3(3)) can be considered punitive in nature.
The High Court has ruled that commercial leases were not “temporarily frustrated” by the coronavirus (COVID-19) pandemic and therefore the tenants were still obliged to pay rents to…
In Dwyer (UK) Franchising Ltd v. Fredbar Ltd & Bartlett [2021] EWHC 1218 (Ch), the High Court ruled that self-isolating due to coronavirus (COVID-19) counted as ‘force majeure’,…
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.
The Court discussed the principles of disclosure in the recent case of Square Global Ltd v Leonard [2020] EWHC 1008 which case highlights the importance of involving solicitors in…
Judge Timothy Kerr handed down judgment yesterday in the case of Oliver Dean Morley (trading as Morley Estates) v. The Royal Bank of Scotland PLC (case number HC-2017-002318).…
The Supreme Court (Lord Kitchin, Lady Hale, Lord Reed, Lord Hodge and Lady Black sitting) this week have handed down the highly anticipated judgment in Shanks v Unilever…
LEXLAW successfully represented a family business mis-sold interest rate swaps by Barclays, securing a substantial settlement despite initial negative advice from counsel. This case highlights the widespread impact of derivative mis-selling on UK small businesses, including sectors such as property, hospitality, and retail.