‘In the first of our “Remind me about” series, John Grocott-Barrett of Wilberforce Chambers summarises the law relating to these two important sections of the Pensions Act 1995. The “Remind me about” series is aimed as a training tool and as an update for busy practitioners.’
Pensions Barrister, 22nd March 2023
Source: www.pensionsbarrister.com
‘The English and Welsh Court of Appeal has handed down a judgment which should act as a reminder for law firms that any innovative funding arrangements must comply with statutory rules or risk being declared void.’
OUT-LAW.com, 25th March 2022
Source: www.pinsentmasons.com
‘A London commercial firm will ask the Supreme Court to develop the common law of champerty after an appeal over the assignment of its now-deceased client’s claim was dismissed.’
Law Society's Gazette, 17th March 2022
Source: www.lawgazette.co.uk
‘The public policy behind the ban on a solicitor taking an assignment of their client’s cause of action prior to judgment holds good in the era of damages-based agreements (DBAs), the Court of Appeal has ruled.’
Legal futures, 14th March 2022
Source: www.legalfutures.co.uk
‘A London law firm has lost an appeal over the assignment of a now-deceased client’s claim to his solicitors, with the Court of Appeal confirming that “a solicitor acting for a client in legal proceedings may not validly take an assignment of the client’s cause of action prior to judgment.” ’
Law Society's Gazette, 14th March 2022
Source: www.lawgazette.co.uk
‘In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements.’
UKSC Blog, 16th November 2021
Source: ukscblog.com
‘A High Court judge has rejected an application by a law firm to substitute itself for a deceased claimant, on the grounds that it would be a form of champerty.’
Legal Futures, 20th July 2021
Source: www.legalfutures.co.uk
‘The High Court has refused an application from a London firm to be substituted for their deceased client in a £1.5m litigation claim.’
Law Society's Gazette, 20th July 2021
Source: www.lawgazette.co.uk
‘In a recent dispute over employees and copyright ownership – Penhallurick v MD5 Limited – ownership of copyright in software created out of hours and on a home computer was in question. Did the employee have the right to take it with him when he left or was it owned by his employer?’
Mills & Reeve, 3rd March 2021
Source: www.mills-reeve.com
‘The appeal related to a restrictive covenant given by the developer of a shopping centre in a lease that it granted to a retailer over part of the centre. In giving the covenant the developer and later Peninsula each undertook not to allow any substantial shop to be built on the rest of the centre in competition with the Dunnes. Peninsula then argued that the covenant engaged the doctrine of restraint of trade; that it was unreasonable; and that it was therefore unenforceable. The appeal to the Supreme Court concerned whether the covenant engages the doctrine.’
UKSC Blog, 19th August 2020
Source: ukscblog.com
‘In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession as the registered title holder of a legal charge, despite his allowing the Defendant’s appeal and holding that the Claimant had not proved that a valid assignment of the debt had occurred at trial.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
‘A High Court ruling refusing to set aside £4.3m judgment in default in a suppressed sales case shows the strength of the litigation funding model used by Manolete Partners, it has been argued.’
Litigation Futures, 5th December 2019
Source: www.litigationfutures.com
‘Restructuring & Insolvency analysis: James Bickford Smith, barrister at Littleton Chambers, examines the High Court’s decision in Nicoll v Promontoria (Ram 2) Ltd that the appellant debtor’s challenge to the validity of an assignment of his debt to the respondent should not have been entertained by the judge below because although the appellant had sought to put the effectiveness of the assignment in issue in his first witness statement, the point that he took was entirely different from that which he took before the judge.’
Littleton Chambers, 3rd October 2019
Source: www.littletonchambers.com
‘The High Court has determined a £35 million partition era dispute between India, Pakistan and successors in title to 7th Nizam of Hyderabad. Claims of Pakistan dismissed; claims of India, Prince Muffakham Jah and Prince Mukarram Jah upheld.’
Blackstone Chambers, 2nd October 2019
Source: www.blackstonechambers.com
‘For many common lawyers – certainly me – trusts and equity seem exotic things. At one point, I supposed the closest I would get to equity in action was by reading Bleak House, which in length and majesty even rivals some of the equity textbooks. But in this (as many other things) I was proved wrong. One cannot properly understand the law of assignment – a bedrock of the commercial construction lawyer’s practice – without comprehending equitable assignment. And it is at the outer fringes of assignment where one may bump – or even lapse – into trusts.’
Practical Law: Construction Blog, 9th October 2019
‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’
4 New Square, 5th December 2017
Source: www.4newsquare.com
‘In a much anticipated decision, the Court of Appeal has held that a pre-LASPO CFA can be transferred from one firm of solicitors to another – even post – LASPO – without losing the right to recover success fees from the defendant. The decision depended highly on policy considerations. It will be welcomed by solicitors who in a wide variety of circumstances have been party to such transfers.’
Hailsham Chambers, 7th December 2017
Source: www.hailshamschambers.com
‘The transfer of a conditional fee agreement (CFA) from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled.’
Litigation Futures, 5th December 2017
Source: www.litigationfutures.com
‘The assignment of conditional fee agreements (CFAs) is under the spotlight yet again after a costs judge ruled that one had been validly made.’
Litigation Futures, 23rd August 2016
Source: www.litigationfutures.com
‘The question of when a conditional fee agreement (CFA) can be assigned from one law firm to another is set for the Court of Appeal, Litigation Futures can report.’
Litigation Futures, 30th June 2016
Source: www.litigationfutures.com
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