Commercial Litigation

Does agreeing to “reasonable costs” mean assessment on the indemnity basis?

Yes, held the Commercial Court. In Alafco Irish Aircraft Leasing Sixteen Ltd v Hong Kong Airlines Ltd [2019] EWHC 3668 (Comm) the parties had entered into a lease which contained a clause that the Defendant (who was the lessee) was to pay all of the Claimant’s (the lessor’s) “reasonable costs and expenses” of litigation, including its legal …

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Commercial Debt Recovery: Pre-Action Protocols and Conduct

The court will expect the creditor to have sent out a Letter Before Claim to the debtor, which would set out the basis of their claim and allow a reasonable amount of time for the debtor to fully respond. For straight-forward cases, it is expected that a response should be received within a period of around 14 …

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Can foreign litigants be bound by English jurisdiction clauses contained in contracts to which they are not a party

Airbus SAS v Generali Italia SPA and others [2019] EWCA Civ 805 In its recent decision Airbus SAS v Generali Italia SPA and others, the Court of Appeal dismissed an appeal against a declaration that the English court had jurisdiction to determine a claim by insurers concerning damage to an aircraft pursuant to an English jurisdiction …

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The Risks of Presenting D.I.Y Petitions

Calling all creditors! Whilst you might think the procedure for presenting a petition against a debtor is simple, it seems that the English Legal System is keeping you on your toes! The Risks of Presenting D.I.Y Petitions Recently we have had an influx of creditor client’s approaching us to assist them with the amending and …

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Fraud law

“Only when the tide goes out do you discover who has been swimming naked” (Warren Buffett)” No matter how large or small your business, no one can ignore the consequences of fraudulent activity; which can have a devastating effect on an entity’s ability to trade. The number of frauds recorded by police has risen by …

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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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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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Sunny Places for Shady UK Criminals – Management Receivership Assets in Spain

As globalisation of our society continues to gather pace Management Receivers are having to grapple with different legal systems as they attempt to trace and then recover assets in foreign jurisdictions. Since the 1960’s Spain has been a known favourite for many UK criminals trying to escape the clutches of the long arm of the …

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