Challenging Possession of Property by Fixed Charge LPA Receivers
LEXLAW Solicitors & Barristers | Legal News
by Danayal Tariq
4d ago
Fixed charge receivership is an important debt recovery tool for creditors in England & Wales, offering a legal avenue to reclaim outstanding debts secured against specific assets. The appointment of LPA Receivers often sparks debate surrounding property rights and debtor protections. In this article, we look at the legal landscape of fixed charge receivership in the UK… Source ..read more
Visit website
Short Guide: ‘Hidden’ or ‘Embedded’ Swaps
LEXLAW Solicitors & Barristers | Legal News
by Haseeb Syed
4d ago
Financial Institutions in the UK promoted interest rate swaps and fixed-rate loans as protective measures against potential increases in interest rates for customers. However, more often than not, such financial institutions neglected to adequately inform and advise customers about the substantial contingent liability risks associated with these swaps. We have successfully obtained redress… Source ..read more
Visit website
Court of Appeal Decides s.994 Petitions Subject to Statutory Limitation Period
LEXLAW Solicitors & Barristers | Legal News
by Shumaim Rizvi
2w ago
In a landmark decision, the Court of Appeal overturned decades of legal precedent regarding the limitation period for unfair prejudice petitions. The ruling in THG Plc v Zedra Trust Company (Jersey) Ltd [2024] EWCA Civ 158 casts aside the long-held rule that such petitions were exempt from statutory limitation. For 40 years, the legal consensus held that unfair prejudice petitions… Source ..read more
Visit website
British Post Office Horizon IT Scandal: HMRC’s ancillary attack on UK Postmasters
LEXLAW Solicitors & Barristers | Legal News
by LEXLAW Solicitors & Barristers
2M ago
Last week, following the airing of Mr Bates vs the Post Office, another 50 sub-postmasters came forward adding to the 700 or so previously known victims of the Post Office miscarriage of justice. The Post Office wrongly claimed sub-postmasters had taken money when in fact the computerised accounting system was faulty. The sub-postmasters, some of whom were prosecuted were told that they were the… Source ..read more
Visit website
Bridging Loan Case Study: McDonald v London Credit – Default Interest Rate – Unenforceable Penalty
LEXLAW Solicitors & Barristers | Legal News
by LEXLAW Solicitors & Barristers
4M ago
We have again successfully represented a bridging customer in a significant settlement win against another bridging lender. This time, London Credit Limited (an unregulated tertiary bridging lender) was forced to agree to our client’s settlement terms which were for payment of a fraction of the amount sought by the bridging lender for which they already had judgment for. This is not the first time... Source ..read more
Visit website
Glaser KC v Atay: Consumer Rights over Unfair Terms in Direct Access Counsel Contracts
LEXLAW Solicitors & Barristers | Legal News
by LEXLAW Solicitors & Barristers
5M ago
The Consumer Rights Act 2015 applies to legal services provided by directly by counsel to their clients. In a recent judgment, the engagement of barristers on a direct access basis was deemed to fall under the purview of the Consumer Rights Act 2015. The case affirms that if the Court perceives a term in an agreement between two individuals (in this case a legal retainer) to be unfair it can... Source ..read more
Visit website
Recovering the Costs of Civil Litigation
LEXLAW Solicitors & Barristers | Legal News
by LEXLAW Solicitors & Barristers
10M ago
The recent case of Coram v D R Dunthorn & Son Ltd [2023] EWHC 731 (SCCO) exemplifies the challenges and limits faced by winning party litigants seeking to recover substantial costs from the losing / paying party after judgment. In this case, Deputy Costs Judge Joseph determined that the costs incurred for engaging leading counsel to attend a three-day trial were not recoverable from the defendant... Source ..read more
Visit website
Court Judgment Highlights Rules Regarding Claim Form Service
LEXLAW Solicitors & Barristers | Legal News
by LEXLAW Solicitors & Barristers
11M ago
The case of Dr Markus Boettcher v (Xio (UK) LLP & Ors [2023] EWHC 801 (Comm) (05 April 2023) recently had an interim judgment decided by the Commercial Court. The case involves allegations of fraudulent misrepresentation made to the claimant, Dr. Boettcher, by a private equity firm called XIO (UK) LLP (in liquidation) and others as a result of which Dr. Boettcher claimed to suffer substantial loss. Source ..read more
Visit website
A Guide to Fixed Rate / Bridging Loan Unfair Relationship Claims
LEXLAW Solicitors & Barristers | Legal News
by LEXLAW Solicitors & Barristers
1y ago
What aspects of a loan agreement may be unfair? The unfair relationships provisions of the Consumer Credit Act 1974 (ss 140A to 140D), apply to lending agreements whenever made. Borrowers are increasingly bringing unfair relationship claims before the County Courts of England & Wales often resulting in multi-million pound confidential lender settlements. The Court has a wide discretion to alter... Source ..read more
Visit website
Understanding Limitation Period for Payment of Debt Regarding Services
LEXLAW Solicitors & Barristers | Legal News
by LEXLAW Solicitors & Barristers
1y ago
A recent Court of Appeal case, Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWCA Civ 1699, has highlighted the importance of understanding when time begins to run for limitation purposes in claims for payment of a debt in respect of the provision of services. The Court ruled that time starts to run from the date the work was done... Source ..read more
Visit website

Follow LEXLAW Solicitors & Barristers | Legal News on FeedSpot

Continue with Google
Continue with Apple
OR