Tag: Mediation

LPA Receivers UK London England Challenge

Challenging Possession of Property by Fixed Charge LPA Receivers

Fixed charge receivership serves as a way for creditors in England & Wales to recover debts by seizing assets secured by fixed charges. It carries serious legal implications for property rights and debtor protections. The practice is rooted in the Law of Property Act 1925 and the Insolvency Act 1986, allowing creditors to appoint receivers to manage or sell assets in default. Debtors have avenues to dispute receivership, via specialist insolvency law advice.

Lexlaw v Zuberi – Agreed Public Statement on Settlement of Landmark DBA Litigation

Whilst this litigation produced the leading judgment of the Court of Appeal on DBAs the case itself was not resolved by trial of the preliminary issue. The parties have now amicably settled the matter.

Unexplained wealth order

High Court issues costs penalty for failure to resolve issues with ADR

This latest High Court case again demonstrates the pitfalls for litigants who unreasonably refuse to engage in Alternative Dispute Resolution such as mediation to resolve issues. Parties that fail to do so risk be punished by the court when it comes to costs.

Unexplained wealth order

High Court: Costs penalties for a failure to engage in mediation

If a party completely foregoes mediation will that party be punished in costs? The High Court judgment highlights that although the court cannot compel parties to mediate, an unreasonable refusal to do so is likely to result in costs penalties for a defaulting party. The costs risks of unreasonably refusing to mediate or not responding to a mediation proposal may be severe.