White Collar Legal Blog
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Stay in the know about the legal industry with White Collar Legal's brand-new blog. From community initiatives to landmark legal decisions, the blog brings you the latest developments and stories unfolding within the legal community. White Collar Legal is run by director Philip Nam, an acclaimed civil and commercial litigation and disputes lawyer,
White Collar Legal Blog
3w ago
This blog is written by Jamie-Lee Hawkes who worked on this successful case for White Collar Legal: In the realm of legal disputes, particularly those involving financial transactions and vehicle purchases, it’s crucial to navigate the complexities with precision and diligence. In this blog post, I’ll walk you through a recent case where we successfully helped our client remove an HPI marker from their vehicle, illustrating the steps we took to achieve a favourable outcome. Background Our client faced an unexpected issue after privately purchasing a vehicle that has outstanding finance linked ..read more
White Collar Legal Blog
1M ago
Ground 8 Rent Arrears claims – “at the date of the hearing” means just that. It doesn’t mean in the days before. I’ve been a County Court Advocate for over 9 years now. Most of the cases I deal with at Court is in relation to residential possession cases and in most of them, I am acting for the Landlord. Most of the cases I deal with at Court are for clients who only instruct me to attend the hearing, i.e. in those cases, I receive a set of papers a few days before the hearing and I have to do my best to represent who I am instructed to act. In some instances of course, I deal with the case fr ..read more
White Collar Legal Blog
1M ago
I have just returned from a court hearing where I was instructed to represent a landlord seeking possession of a residential property due to serious rent arrears. The possession order was granted, but it was a close call, highlighting the critical importance of carefully handling service dates, especially when it comes to Section 8 notices under the Housing Act 1988. In cases like this, landlords must serve a Section 8 notice in accordance with Ground 8 of Schedule 2 of the Housing Act 1988 when seeking possession due to rent arrears. This notice must provide at least 14 days’ notice to the te ..read more
White Collar Legal Blog
2M ago
Service of the Claim Form is one of the first steps that must be taken in any litigation. It is not only one of the first steps but to start a claim, it is in my view, the most important step as getting it wrong can result in a claim being deemed null and void. The rules on service of the Claim are contained in Part 6 as well as Part 7 of the Civil Procedure Rules and I have previously written blogs about them [https://whitecollarlegalandadmin.com/category/civil-procedure-rules/]. So many people do get it wrong and I regularly see many articles of cases where the Courts deal with the iss ..read more
White Collar Legal Blog
2M ago
The Directions Questionnaire After filing a defence, the court will send questionnaires to all parties to help determine the next steps for the claim. This form is labelled N180. The parties should think about whether the claim can be settled without a trial, where the trial will be held, how many witnesses they plan to call, whether they need expert evidence, and whether they are open to resolving the claim through mediation. Parties provide the completed directions questionnaire to the court and the other party. Allocation to small claims track/directions Once the court has received d ..read more
White Collar Legal Blog
2M ago
To file your claim, you’ll need to fill out form N1. The information in the claim form should match the details provided in your letter of claim if you have sent one. This includes information about the parties involved, court details, a brief description of the claim, the claim’s value, and the court-issued fee. You have the option to file your claim at the Civil National Business Centre or online through Money Claim. A court fee is required for claims in the small claims track. The issue fees range from £35 for claims worth up to £300 to £455 for claims worth up to £10,000. Please remember t ..read more
White Collar Legal Blog
3M ago
The English court system encourages parties to attempt to resolve disputes through pre-claim correspondence. If you intend to take legal action against someone, you should first write to them outlining the legal basis for your claim. This should include relevant contractual terms, details of the defendant’s breach, the loss you have suffered as a result, and a request for payment within a reasonable timeframe, for example, 14 days from the date of your letter. Additionally, you should warn that failing to make the payment may result in legal action being taken against them. If you win and they ..read more
White Collar Legal Blog
3M ago
In the English court system, there are different tracks for various claim values, outlined in the civil procedure rule, also known as the court rules. The small claims track generally deals with claims up to a value of £10,000. They’re principally addressed in Part 27 of the court rules, but other parts of the CPR can also come into play when dealing with small claims, as it is generally not cost-effective to instruct the lawyer to deduct the claim with a value of £10,000 or less. The small claims track is designed for people to run their claims without the need for lawyers. Even though a low ..read more
White Collar Legal Blog
5M ago
We’ve recently had a client approach us, asking if we can help with a claim for a new commercial tenancy under Part II Landlord and Tenant Act 1954.
They had drafted a Part 8 Claim Form themselves and were under the impression that they could file it online (via CE-File).
Philip Nam directed them to Part 56 and Practice Direction 56 of the Civil Procedure Rules (which states that such claims should be started in the County Court – and therefore CE-File was not available.) They came back to Philip suggesting that their claim was a Commercial Claim and so it could be started online (CE-File) in ..read more
White Collar Legal Blog
6M ago
We are continuing our series on Civil Procedure Rules, highlighting some of the little known but common rules and hopefully explaining them in plain English.
We are now looking at the whole of Part 9 – Responding to Particulars of Claim – General, Rules 9.1 and 9.2.
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part09
Rule 9.1 deals with what the Defendant can do (or in that case may do) when they receive the Claim Form without a Particulars of Claim. If the Claim Form states that the Particulars of Claim are to follow (which is an option where a Claimant may want to issue a cl ..read more