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“POST BREXIT – HOW DO I RECOVER A DEBT FROM A CLIENT IN EUROPE?”

Introduction So you did some work for a client in Madrid and you are based in England. In the event of non-payment, how do you recover the sum due to you under your invoice for professional accountancy services provided? Prior to the regulations referred to below, if a small business or consumer needed to recover …

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When You Have Not Been Reasonably Provided For (Case Study of a Claim under the Inheritance (Provision for Family and Dependents) Act 1975) (“the Inheritance Act”)

In late 2014 Summit Law LLP was approached by a client. He was a young man, just 18 at the time and unfortunately his father had died. Our client was distressed. After his father’s death a Will materialised leaving a small legacy to him and other small legacies to friends and other family of the …

When You Have Not Been Reasonably Provided For (Case Study of a Claim under the Inheritance (Provision for Family and Dependents) Act 1975) (“the Inheritance Act”) Read More »

Costs of providing documents pursuant to Section 236 of the Insolvency Act 1986 not recoverable from the insolvency estate as the duty is a ‘public duty’

The High Court case of Harvest Finance Ltd (in liquidation) v Cannons Law Practice LLP and another [2014] EWHC 4327 (Ch) considered whether an order should be made that the costs incurred by a law firm in providing documents be met by the insolvent estate (the liquidator had applied for an order pursuant to section …

Costs of providing documents pursuant to Section 236 of the Insolvency Act 1986 not recoverable from the insolvency estate as the duty is a ‘public duty’ Read More »

Bankruptcy threshold rises to £5,000

The bankruptcy threshold will increase to £5,000 for creditors’ bankruptcy petitions presented after 1 October 2015 as set out in the Insolvency Act 1986 (Amendment) Order 2015. Should a bankruptcy petition be presented prior to this date, the current minimum bankruptcy level of £750 will apply. Whilst debtors will welcome the move, creditors wishing to …

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Overdrawn Directors’ Loan Accounts

In this two part series, solicitor and founding partner Jeremy Boyle of Summit Law LLP and Barrister Louise Bowmaker of Enterprise Chambers, take a look at the legislation relating to directors’ overdrawn loan accounts. Seven years since the legalisation of directors’ loans, the ever-flexible directors’ loan account is as popular as ever, particularly for smaller, …

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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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