Commercial Litigation

Case Study 1 (Business fraud) We were asked by a firm of accountants to speak to their client, a large limited company within the pharmaceutical sector. The in-house cashier and bookkeeper had misappropriated company funds but because of his position of trust and the large turnover of the business, the fraud had for many years […]

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

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

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

Do you have a potential insurance claim against a bankrupt or company in liquidation? Perhaps you had a claim against an individual or company and it has since been declared insolvent. Or you could be an insurer and your insured has been declared insolvent. If so the following article may be of interest. Third Parties

Whilst the decision in the case of Meah-v-G E Money Home Finance Ltd [2013] EW CH 20 (Ch.) was unsuccessful and related to a mortgagee in possession, there are nevertheless lessons to be learnt. The case serves as a reminder to take care to adopt best practice when selling. Mortgage lenders in particular are always

Construction lawyers are extremely familiar with contractual penalty clauses. Recently however contractual law and the issue of penalties in particular has again come under the judicial microscope in two reported cases:- Iman-Sadeque-v-Bluebay Asset Management (Services) Limited [2012] EWHC 3511 (QB) and Cavendish Square Holdings BV and another-v-El Makdessi [2012] EWHC 3582 (Comm) It is important

If you are thinking about bringing a claim against a UK lender you should make sure that you are up to speed with a couple of fairly substantial developments. The first of these is the pending appeal in the Green-v-Royal Bank of Scotland case which is due to be heard by the Court of Appeal in late

We often get asked very similar questions by new clients with potential interest rate swop claims against lenders. In this article we try and tackle a few of the more common ones. What exactly is an interest rate swap or IRS? We have seen several definitions but essentially an interest rate swap (IRS) is a

We often get asked by clients to explain the difference between a “Calderbank” offer and Part 36 offers.A Calderbank offer, named after the 1975 Court of Appeal case in which it featured, is a letter expressed to be an offer which is written ‘without prejudice save as to costs’. The effect of the letter is