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An individual who has debts that do not exceed £5,000, cannot pay these debts in full now but will be able to over time, can apply to a court for an administration order. An administration order offers protection to the individual concerned and enables them to make payments of their debts by monthly instalments. An administration order also allows for a postponement of payments (a ‘moratorium’) on the enforcement of the debts by the individual’s creditors. The main benefit of this type of order is that while the order remains in force, and the debtor maintains the agreed monthly payments, no creditor may issue proceedings for (or exercise any other remedy in respect of) any of the debts covered by the order.

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A recent claim and subsequent costs order has again highlighted the financial risks that many Litigants In Person (‘LiPs’) face when taking legal action with professional representation or appropriate legal expenses insurance.

In a ruling that is likely to have a huge impact on manufacturers of classic car replicas, a recent decision by a court in Sweden has seen Jaguar Land Rover (JLR), owners of the Jaguar Cars brand, victorious in a copyright claim against a small Swedish business.

An annual report from litigation funders Burford Capital are further evidence of the burgeoning civil litigation sector in the UK.
In a recent business update for 2020, Burford, who offer claims funding to lawyers and clients engaged in litigation and arbitration, asset recovery and other legal finance and advisory activities, has reported record results, described as ‘the best year in its history for portfolio performance’. The listed funder, with main office locations in London, New York and Chicago, reported that its portfolio of ongoing matters is at its largest volume ever, with ‘record levels of realized gain and more cash from successes than ever before’.

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A group of private investors have recently commenced legal action against the failed Woodford Equity Income Fund (WEIF), seeking to recover losses sustained following the fund’s collapse in 2019.

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A recent ruling by the Court of Appeal in London means that a large group action claim against a number of large truck manufacturers can proceed based on its existing funding arrangements.

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Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken.

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The UK’s largest ever group action litigation action, ostensibly valued at almost £5bn, has been thrown out by the High Court in London with the case having been found to be an abuse of process.

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A recent ruling by the High Court in London will mean that unsuccessful claimants in the well-publicised Municipio De Mariana & Ors v BHP Group PLC & Anor group action claim will need to make an interim payment of £8m to cover 50% of their opponents legal costs.
In making the ruling, High Court judge Mr Justice Turner said that it was wrong to penalise the defendants for the work done on the case. Justice Turner had already struck out group litigation on behalf of some 202,600 Brazilians last November who were claiming compensation following the collapse of the Fundao dam in Brazil in 2015, saying the task of managing such a case would be ‘irredeemably unmanageable’ if it was allowed to proceed.

Following the UK’s exit from the European Union at the end of January this year, many leading City law firms have announced plans to open offices in the EU to ensure that they are able to continue to provide a full range of services throughout the EU.

With a number of UK law firms lining up to bring a group-action claim against British Airways, litigation professionals estimate that a successful claim could cost the flag carrier and self-styled ‘Worlds Favourite Airline’ over £2.2bn for a data breach in 2018 that affected over 400,000 passengers.

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Following the nations formal exit from the EU, a recent move by the Council of European Bars and Law Societies (CCBE) has been widely welcomed by UK-based law firms, barristers and lawyers.

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Japanese tyre and automotive parts manufacturer Bridgestone has threatened to take legal action against a one-man-band flooring company in Herefordshire over use of the ‘Bridgestone’ company name.

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Unpaid debts are an unwelcome hazard of operating in the commercial world. The reality of working life is that operating in the private sphere exposes a business to the risk that their fees will not be paid, or that the terms of an agreement are not honoured. In other words, the business will become a creditor and must attempt to recover commercial debt.

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Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken.

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US-based financial services and card payment corporation Mastercard with global revenues of £12bn are facing a £14bn class action claim for allegedly overcharging over 45 million British consumers during a 15-year period.

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Californian tech giant Apple is facing a class-action legal action over allegations that the Cupertino-based company has followed a programme of software updates that have deliberately resulted in the slowdown of older iPhones.

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French car maker Citroen, part of multinational auto manufacturer PSA Group, has accused a new Swedish manufacturer of infringing copyright through the use of a logo that bears a strong resemblance to the logo the French maker has used for years. 
 
The Swedish brand in question, Polestar, used to be a division of Volvo cars but became an independent brand and business three years ago. Whilst still maintaining close ties with Volvo, Polestar focusses on designing and manufacturing plug-in hybrids and electric vehicles. Polestar already has two products that go but the simple names of 1 and 2, but the trademark dispute with Citroën means that they have been unable to sell the vehicles in France. 

The Supreme Court in London is about make its judgement in highly contentious case centred on the rejected business interruption claims that many large insurers have turned down due to the Covid-19 pandemic. With large numbers of mainly small businesses reporting problems when claiming on their business insurance policies, the final judgement in the case will have huge implications for over 350,000 businesses involving claims totalling just under £1.3bn.

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New research by GLG that was commissioned by litigation funding specialists Burford Capital shines light onto the increasingly common use of third party litigation funding to resolve business disputes of all types.
GLG approached a cross section of private law firms, in-house legal departments and other related professionals in the USA, UK and Australia, the territories in which use of litigation funding is most prevalent. The law firms surveyed had between 10 and 500 lawyers, whilst the in-house legal professionals were at firms with annual revenues ranging from £80m to over £4bn. Overall, use of litigation funding by private law firms has increased from 37% to 89%, with funding use by in-house teams also doubling over 3 years to 76%.

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Latest News

  • An individual who has debts that do not exceed £5,000, cannot pay these debts in full now but will be able to over time, can apply to a court for an administration order. An administration order offers protection to the individual concerned and enables them to make payments of their debts by monthly instalments. An administration order also allows for a postponement of payments (a ‘moratorium’) on the enforcement of the debts by the individual’s creditors. The main benefit of this type of order is that while the order remains in force, and the debtor maintains the agreed monthly payments, no creditor may issue proceedings for (or exercise any other remedy in respect of) any of the debts covered by the order. In order for an individual to apply for an administration order, certain conditions have to be met. These include... Read More

  • A recent claim and subsequent costs order has again highlighted the financial risks that many Litigants In Person (‘LiPs’) face when taking legal action with professional representation or appropriate legal expenses insurance. Read More

  • In a ruling that is likely to have a huge impact on manufacturers of classic car replicas, a recent decision by a court in Sweden has seen Jaguar Land Rover (JLR), owners of the Jaguar Cars brand, victorious in a copyright claim against a small Swedish business. Read More