LEXLAW Solicitors & Barristers
In the High Court case of Essex County Council v UBB Waste (Essex) Ltd (No 3) [2020] EWHC 2387 (TCC), it was held that a Claimant’s Part 36 offer which failed to correctly set out the relevant period was still deemed compliant with Part 36 of the Civil Procedure Rules.
In a multi million pound breach of contract case, where there was no substantive defence to the claim and the Defendant accepted summary judgment and liability for the Claimant’s costs, the High Court held that a Claimant’s Part 36 offer to accept only 0.3% less than the full sum being claimed was a “genuine offer to settle” under CPR 36.17(5)(e).
The former president of Kazakhstan’s family have successfully challenged three unexplained wealth orders (“UWO”) which were brought by the Nation Crime Agency (“NCA”). The UWO’s were placed upon properties of the family together valued in excess of £80million.
The High Court set aside a default judgment because the Claim Form had been served on “empty offices” during the COVID-19 lockdown. Despite the Claimant’s solicitors attempts to engage in pre-action correspondence and check requirements for service, the Court was satisfied that the Defendant showed real prospects of successfully defending the claim.
All solicitors have a duty to advise their clients about alternative dispute resolution (ADR), including mediation. Along with the ADR requirements in the pre-action protocols, the CPR and court schemes, overall, mediation is an option that must be considered by parties both before and during litigation (and a failure to do so can lead to costs penalties).
The Court of Appeal considered the rules regarding Norwich Pharmacal applications for non-party disclosure and the costs of the same. The decision concerning Natwest bank and a limited company, provides helpful guidance to parties when making applications for third party disclosure and understanding the importance of pre-action correspondence which will impact any order for costs.
In these uncertain times, with many, including legal representatives working from home and the courts operating with limited resources, the judiciary is making it easier for parties to agree or apply for extensions of time.
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…
The coronavirus (COVID-19) pandemic has forced social distancing. UK Court Litigation continues while still following government guidelines.
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…