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Subscribe to this list via RSS Blog posts tagged in no win no fee commercial claim

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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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.

As part of the UK government’s attempts to speed up the processing of claims that have been affected by the Covid-19 pandemic, the Ministry of Justice (MOJ) has recently announced the location of the first ten temporary courts.
Dubbed ‘Nightingale Courts’ after the emergency intensive care hospitals that were set up in record time during the pandemic’s peak, the new, temporary will hopefully be finished and in use by the end of August. The first such court, at East Pallant House in Chichester, Sussex, is due to open by the start of next week. The new locations opening soon are:

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Despite the recent revelations highlighting the extent of the delays and backlog of cases in UK courts, the latest set of financial results by specialist litigation funder Manolette suggests that demand is still increasing and that the litigation funding sector is in rude health, with new enquiry volumes doubling compared to the previous year.

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A recent announcement in the House of Commons may lead to venues such as sports halls and hotel conference rooms being used as temporary court rooms should there be a backlog of claims and cases following the COVID-19 coronavirus lockdown. In England and Wales there are already over 1,400 cases waiting for dates at both the Crown court and magistrates court, a number that increases to grow week by week.

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Global tech giant Apple is likely to face a group-action claim over multiple problems and failures of the displays on its popular MacBook Pro range. Apple, one of the ‘big 5’ global technology companies and the first US company to be valued at over $1 trillion, is the defendant in a complaint filed in a California district court that alleges a number of breaches of state and federal consumer protection laws, in addition to fraudulent concealment.

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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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A survey conducted by the Nesta Challenges, as part of its Legal Access Challenge, has highlighted concerns amongst many UK businesses that the ability to take effective legal action for commercial & business disputes is far too focussed on big business or those with significant financial resources.

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Following a recent High Court appeal judgement, infrastructure support services provider Amey are set to receive £4m in compensation from West Sussex County Council due to a disputed highways contract procurement process.

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Providers of professional indemnity insurance in the UK have revealed the massive increases in premiums over the past two years for Architects, Builders and Surveyors following the Grenfell Tower tragedy in June 2017.

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Pink Floyd legend and multi-instrumentalist David Gilmour has become embroiled in a contract dispute with the composer of a well-known and popular jingle that can be heard at train stations throughout France.

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Multiple European champions and current Premier League frontrunners Liverpool FC have emerged victorious in a recent contract dispute and are now free to use global sportswear giant Nike as their new supplier of official team kit.

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The Solicitors Disciplinary Tribunal (SDT) has fined two directors £17,500 each based on their role in a failed apartment development scheme.

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Recently published figures from a litigation funder LCM has highlighted the increasing trend in the use of external litigation funding to support commercial legal actions both in the UK and in other international jurisdictions.

Australian-based LCM’s annual report (to 6/19) shows a 17% year on year increase in revenues revenue17% to A$35m (£19m), with a 23% increase in gross profit to A$20m. LCM’s shares, launched on London’s AIM at 52p last December had reached a high of 116p in April 2019.

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Prompting speculation in the UK gambling industry that a private settlement has been reached, a long running claim for unpaid winnings from a horse racing bet has recently been discontinued.

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S&G (Slater & Gordon) solicitors has confirmed that it will be proceeding with its legal action against Watchstone PLC over claims that its acquisition of legal services business Quindell was based on fraudulent misrepresentation, together with breach of warranties provided as part of the deal.

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The UK’s Anglia Ruskin University has lost a claim by one of its graduates over the standard and quality of the teaching provided, resulting in an out of court financial settlement of £61,000.

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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

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