This succinct guide provides essential insights into unfair prejudice petitions within the framework of English law. According to Section 122(1)(g) of the Insolvency Act 1986, if a minority within a company perceives oppression by the majority, they have the right to petition for the company’s winding-up on the grounds of justness and equity. However, if the minority prefers not to pursue this… Source ..read more

The High Court granted a summary judgment application in a breach of contract claim, and delivered a clear signal regarding reliance on contractual force majeure and trade sanctions provisions. The case in question is Litasco SA v Der Mond Oil and Gas Africa SA & Anor (Rev1) [2023] EWHC 2866 (Comm). The central question was whether payments to a Russian Oil Company were prohibited as sanctioned? Source ..read more

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

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

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

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

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

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

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

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