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In addition to the dreadful effects on global human health and wellbeing, the ongoing coronavirus Covid-19 crisis is also having a seismic economic impact on businesses and organisations operating in all sectors and in all countries. As a by-product of this economic upheaval, commercial and civil lawyers are predicting an tsunami of legal actions in all jurisdictions as businesses’ and individuals turn to the courts for compensation resulting from Covid-19 related illness, death and economic disruption.

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The Covid-19 coronavirus crisis has gripped the UK for the past couple of months, impacting greatly on all areas of life from frontline healthcare through to closed businesses and furloughed staff. The effect on economic activity has been, and will continue to be, seismic; but as living in the Covid-19 world starts to become ‘the new normal’, what are the an individual’s or a businesses’ legal rights when it comes to goods and services that have not been received or that have been cancelled due to the pandemic?

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A recent study conducted by Wolverhampton University has shed light on the growing level of claims and commercial activity around insolvency litigation in the UK. The report shows that there has been a 50% increase in the value of insolvency claims in the past five years. This large increase can mainly be attributed to 2012’s Legal Aid, Sentencing and Punishment of Offenders ACT (also referred to as the LASPO act), after which lawyers success fees under a conditional fee arrangement and any after the event (ATE) insurance premiums were no longer recoverable from the defendant.

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An important decision has recently been in the UK’s Volkswagen group litigation claim that is good news for the 91,000 claimants who are seeking compensation from the German motor manufacturer.

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Comments made by a High Court judge recently have highlighted some of the complexities involved when using litigation funding to back large commercial claims. The comments, by Mr Justice Nugee, were made during the latest stage of the Ingenious Litigation, in which a large number of investors are attempting to recover losses incurred following investments in so called ‘film-schemes’ – schemes that were initially promoted and sold as a highly tax-efficient form of investment, but more recently have been deemed as inappropriate by HMRC. The investor claims have been made against a number of Ingenious entities and against financial advisors who originally recommended the schemes, with litigation funding being provided to support the claim by Therium.

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Latest News

  • Following recent Supreme Court rulings in two professional negligence cases, the Court has outlined a “wholly new legal roadmap” for professional negligence claims made in England and Wales. As a result, the Professional Negligence Lawyers Association (PNLA) have said that existing claims will now need to be reviewed, stating that “for many there could be a substantial impact on the likely chances of success and the assessment of financial loss”.The cases in question are Khan v Meadows [2021] and Manchester Building Society v Grant Thornton UK LLP [2021]. The first case centred on whether a medical expert, who failed to diagnose that a mother carried the haemophilia gene, was liable for the costs associated with her son’s autism as well as his haemophilia, whilst the second case concerned whether accountants Grant Thornton were liable for the costs of a building society... Read More

  • A recently failed business claim that was dismissed at court has once again highlighted the many pitfalls and legal complexities facing litigants in person (LIPs – that is, individuals taking legal action without professional representation from a solicitor or barrister). The claim in question - Daly & Anr v Ryan & Anr. 2021 - concerned an individual businessman who had a costly judgment entered against him simply because he had repeatedly failed to abide by the rules. Read More

  • Latest statistics from the Solicitors Regulation Authority (SRA), who are responsible for the regulation of solicitors and law firms in England and Wales, confirm what many in the profession have been predicting for a while; that law firms are accelerating the consolidation process as they begin to embrace new ways of working. Read More