132 results
22 Jan 2019 08:59
2018 – A year in CostsIn 2017, four members of our 4 New Square Costs Team set themselves a challenge to come up with a calendar of key costs decisions in the last year. 1 per month, 100 words max per case. So here, back by popular demand, is our calendar of 2018 in costs. January Dial Partners LLP v Eastern Airways more...
21 Jan 2019 14:30
Laura Hocknell defended client who defrauded students in Student Loan Company fraud receives suspended sentence.Laura Hocknell was instructed by ABV Solicitors. You can read more about this case in the following article:- Evening Standard - Conman who tricked students into applying for illegal loans faces jail The defendant pleaded guilty to his part in an extensive fraud on both university students and the more...
21 Jan 2019 11:07
Cost Consequences of Accepting a Part 36 Offer late
in former RTA and EL/PL Protocol Claims – Hislop
v Perde [2018] EWCA Civ 1726I. INTRODUCTION 1. In the joined cases of Hislop v Perde and Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726, the Court of Appeal considered the question of the correct approach to costs in cases falling under the fixed costs regime in CPR Part 45 Section IIIA more...
8 Jan 2019 12:24
McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch)McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch) concerned a dispute between a borrower, Mr McDonagh (“the Claimant”) and a lender, Bank of Scotland (“the Bank”) in respect of the borrower’s default on a loan facility which had been used to refinance commercial property in an out of more...
18 Dec 2018 11:13
Charles Irvine acts in claim against Sirius Marine Services for defective workmanshipCharles Irvine acted for Mr Greatbatch in a High Court (Business and Property)(Queen’s Bench Division)(Admiralty) claim against Sirius Marine Services Ltd for defective workmanship. The case raised issues as to the correct rate for the loss of use of a pleasure vessel. The Court awarded loss of use more...
18 Dec 2018 08:49
Jurisdiction and Applicable Law after Exit Day: If not that agreement, then what?There is just over 3 months to go until Exit Day, defined by the European Union (Withdrawal) Act 2018 as 11pm on 29 March 2019. If no agreement can be reached between the UK and the European Union on judicial co-operation in civil and commercial matters before then, what rules will apply to more...
12 Dec 2018 15:19
Vicarious liability for fraud and reliance-based tortsThe Winter v Hockley Mint decision 1. In torts such as deceit, where liability depends on the claimant acting in reliance on a statement made to him, the test for establishing vicarious liability is not the same as for other wrongs committed in the course of a servant’s employment. 2. A principal more...
12 Dec 2018 15:02
Early dismissal of a £39m Commercial Court fraud and conspiracy claimA £39 million Commercial Court fraud and conspiracy claim has been struck out and summary judgment entered in the Defendants’ favour.The Claimant had been majority shareholder of Allerton Group Limited (“AGL”), the parent of a group involving steel fabrication and bridge building. The group entered more...
11 Dec 2018 10:29
The November 2018 Draft Withdrawal Agreement – Implications for Civil Litigation in the UK?Camille Slow considers those provisions of the Draft Withdrawal Agreement currently due to be considered by Parliament which would have an impact on civil litigation; the Draft Withdrawal Agreement currently under discussion remains heavily contested, but has potentially significant effects on all more...
4 Dec 2018 10:09
Solicitors’ BillsThe court of appeal’s decision in Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667 is good news for solicitors but potentially not so good for their clients. Introduction: Consider the client of a solicitor who has agreed within the retainer to have interim statute bills more...
30 Nov 2018 09:10
Gareth Compton successfully represents council in bringing contempt of court caseCounsel from a Birmingham barristers’ chambers has represented a West Midlands council in a contempt of court case against a woman who fraudulently claimed for damages. Gareth Compton, of No5 Barristers’ Chambers, represented Walsall Metropolitan Borough Council in the case. Karen Britton, 45, of 44 more...
28 Nov 2018 16:17
Richard Slade & Co v Boodia: Court of Appeal rules in favour of solicitors’ practice on billingBENJAMIN FOWLER | 28 Nov 2018 Yesterday, the Court of Appeal handed down judgment in Richard Slade & Co v Boodia [2018] EWCA Civ 2667, resolving much of the confusion and concern that had fomented around the now reversed High Court decision and the issue of interim statute bills generally. more...
28 Nov 2018 11:33
What to expect if your claim is defendedSo, you have an unpaid invoice, you’ve issued legal proceedings, and your debtor has defended the claim. What happens next? You are now in the hands of the courts, which can be a worrying time if you are not used to dealing with the court. The unknown is the issue here. If you know the process and more...
27 Nov 2018 14:01
Costs Budgeting process appeal upheldAn appeal over the process of Costs Budgeting has been upheld bringing into question the practice of ‘parking off’ hourly rates to detailed assessment. Paul Joseph, counsel at No5 Barristers’ Chambers, has highlighted the case of Derrick Offei Agyemang Yirenkyi v Ministry of Defence (2018). The more...
23 Nov 2018 09:23
Mortgage fraudster allowed to sue solicitorsThe Court of Appeal has allowed a claim against negligent solicitors, despite the fact that the claimant had committed mortgage fraud. In so doing, the Court of Appeal has provided important guidance on the application of the ‘illegality defence’. Sandip Singh, a Director in Walker Morris’ Banking more...
23 Nov 2018 09:04
Disclosure, all change please!What is changing, and why? Whilst the full ‘cards on the table’ approach to disclosure in England and Wales may be an important aspect of the litigation process in England and Wales, it can often prove disproportionately expensive. The explosion in the volume of electronic data in recent years is more...
22 Nov 2018 09:41
Alexandra Felix prosecutes man given six-year sentence for Grenfell fraudSharife Elouahabi was given a six-year sentence at Isleworth Crown Court having falsely claimed more than £100,000 intended for victims of the Grenfell Tower fire. Mr Elouahabi had claimed he had been staying with relatives in a flat on the 21st floor of the tower block. In his sentencing remarks, more...
16 Nov 2018 16:12
Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us?The Draft Withdrawal Agreement The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018. Formally the “14 November 2018 Draft Agreement on the Withdrawal of the United Kingdom … from the European Union and the more...
8 Nov 2018 16:22
Suspension lifted in Deep Tube Procurement claimsIn the latest High Court ruling on a procurement suspension, Mrs Justice O’ Farrell determined that the suspension should be lifted in claims by Alstom, Hitachi and Bombardier against London Underground Limited (LUL). The procurement concerned a procurement under the 2006 utilities rules concerning more...
2 Nov 2018 11:20
Financing Litigation – Chapter from the little green book of dispute resolutionOur little green book of dispute resolution will be out soon but in the meantime we thought we would provide you with a sneak preview of a couple of key chapters, including this, the Financing Litigation Chapter which is available to download now. When a business faces a dispute, one of the key more...
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