Tag: High Court

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.

costs lawyers in london enforce costs judgment order

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.

Court of Appeal UK. Civil Litigation

Court of Appeal: Context is King When it comes to Contractual Good Faith Duties

The Court of Appeal case of Re Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371, in the context of an unfair prejudice petition filed according to Section.994 of the Companies Act of 2006, the Court of Appeal has clarified the meaning of the contractual responsibility of good faith.

High Court: Unreasonable refusal to ADR does not attract an order for costs on an indemnity basis

In the case of Richards & Anor v Speechly Bircham LLP & Anor (Consequential Maters) [2002] EWCH 1512 (Comm) HHJ Russen QC (sitting as a judge of the…

business interruption insurance claim solicitors

High Court rules COVID-19 self-isolation counts as force majeure not breach of contract

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’,…