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New Changes to CPR Part 36 Offers – Effective from 6 April 2015

The purpose of CPR Part 36 is to encourage settlement between parties before trial.  Its primary effect is to impose cost sanctions on a party who declines an offer to settle a dispute pursuant to Part 36 and subsequently then fails to achieve a better result at trial. The new rules will be in force …

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High Court dismisses TIB’s application compelling a bankrupt to draw down pension which is not yet in payment

The High Court considered in Horton v Henry whether it had power under s.310 of the IA 1986 to make an IPO in respect of a pension which is not in payment. The earlier 2012 decision in Raithatha v Williamson concluded a TIB had power to claim a bankrupt’s lump sum entitlements under personal pension schemes not yet in …

High Court dismisses TIB’s application compelling a bankrupt to draw down pension which is not yet in payment Read More

New Guidance from Civil Justice Council – Instructing Expert Witnesses

Since 1 December 2014, new guidance on the instruction of experts in civil claims has been implemented.  The new guidance highlights the existing requirements concerning expert duties under CPR 35 and PD 35 and reinforces the underlying requirement of independence. The new guidance reflects the Jackson reforms which were introduced in April 2013. The full …

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The Perils of April 2015 for Insolvency Litigation Cases

The government has indicated that April 2015 will see the end of the recoverability of success fees and after the event (ATE) insurance premiums from the losing opponent as part of the costs ordered on the successful result of insolvency litigation. Crucially, any award of damages where funding arrangements are entered into after 1 April …

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Drafting Applications for Disclosure under s.236 of IA 1986

A recent judgment in the High Court has highlighted the need for office-holders to take care not to make sweeping requests for information when making applications for disclosure from third parties under section 236 of Insolvency Act 1986 in respect of corporate insolvency. The decision emphasises the need to be specific in terms of the …

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Third Party Funding for Litigation. Does it do what it says on the side of the box?

Third Party Funding for Litigation. Does it do what it says on the side of the box? In our experience and for the right type of case yes it really can work! As specialist litigation lawyers in our experience third party funding to assist with the expense of bringing a claim really can help. It’s …

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Will Searle admitted to the Roll of Solicitors

We are delighted that Trainee Solicitor Will Searle has been called to the Roll of Solicitors. Will has predominantly specialised in contentious insolvency law involving property related matters. Senior Partner Jeremy Boyle commented: “We are proud of our tradition of high quality and robust training of future solicitors which is reflected in Will’s admission to …

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