Court allows firm to take £386k in fees from frozen client account – Legal Futures

Posted April 30th, 2024 in client accounts, debts, fees, freezing injunctions, law firms, news, third parties by tracey

‘A law firm can be paid from monies held in its client account despite them being subject to both a freezing order and a third-party debt order, the High Court has ruled.’

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Legal Futures, 30th April 2024

Source: www.legalfutures.co.uk

Conditions on permission to appeal – Law Society’s Gazette

Posted April 22nd, 2024 in appeals, civil procedure rules, debts, foreign jurisdictions, news by sally

‘An order giving permission to appeal may be made subject to condition. In the recent case of Palladian Partners LP and others v The Republic of Argentina and another [2024] EWCA Civ 139, the Court of Appeal made an order granting Argentina permission to appeal the first instance judgment conditional on Argentina paying €310m to be held in escrow pending determination of the appeal. Argentina sought reconsideration of the imposition of that condition.’

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Law Society's Gazette, 19th April 2024

Source: www.lawgazette.co.uk

Cost liability determined following partially successful application for a final third party debt order (Chedington Events Ltd v Brake and others) – Gatehouse Chambers

‘Dispute Resolution analysis: The Defendants and Third Party who collectively advanced an untrue narrative in opposing a third party debt order were held jointly and severally liable to pay the Claimant’s costs. The fixed costs provisions in CPR Part 45 were disapplied in light of that concerted opposition.’

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Gatehouse Chambers, 18th March 2024

Source: gatehouselaw.co.uk

Number of households seeking help over energy debt legal action doubles – The Guardian

Posted April 5th, 2024 in citizens advice bureaux, debts, energy, news, statistics by michael

‘The number of households seeking help to deal with court action over their unpaid energy bills has doubled in the last year, according to Citizens Advice.’

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The Guardian, 5th April 2024

Source: www.theguardian.com

UK watchdogs say they will take action against ‘threatening’ debt collectors – The Guardian

Posted March 19th, 2024 in consumer protection, debts, mental health, news by tracey

‘UK regulators are warning they will take “robust action” against firms that are putting consumers’ mental health at risk by using threatening tones and inundating already-vulnerable borrowers with letters, calls and emails, about their debts.’

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The Guardian, 18th March 2024

Source: www.theguardian.com

Increased awards for pupil barristers – but also debts – Legal Futures

Posted March 14th, 2024 in barristers, debts, news, pupillage, remuneration by sally

‘Pupil barristers are receiving increased awards for their work but debt levels are also rising, a survey by the Bar Council has found.’

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Legal Futures, 14th March 2024

Source: www.legalfutures.co.uk

Coroner criticises benefits rules after vulnerable claimant’s death – The Guardian

‘A coroner has criticised the Depart­ment for Work and Pensions (DWP) after a woman died from an overdose in the wake of a six-month official investigation that left her with soaring universal credit debts.’

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The Guardian, 10th March 2024

Source: www.theguardian.com

Post Office scandal victim feels ‘survivor’s guilt’ after compensation – BBC News

‘Former sub-postmaster Jo Hamilton says she feels “survivor’s guilt” after settling with the Post Office over the Horizon IT scandal for an undisclosed sum.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk

Chestnuts Old and New – Hailsham Chambers

Posted December 20th, 2023 in chambers articles, debts, judgments, news by sally

‘As we all know, the Judgments Act 1832 (s.17) and orders made under it prescribe the rate of interest ordinarily payable on a judgment debt. The rate, which is rarely changed, used normally to be significantly higher than the likely cost to an ordinary borrower of borrowing. One can say that, as a matter of both principle and commercial sense, the judgment creditor should be paid by the judgment debtor at least as much interest as the creditor may be
losing by any delay, and that it should be made more expensive for the judgment debtor to delay payment rather than to pay promptly. (The problem has yet to be addressed that in the wider world the rates of interest payable by private individuals on overdrafts or credit cards substantially exceed the Judgments Act rate).’

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Hailsham Chambers, 28th November 2023

Source: www.hailshamchambers.com

Patisserie Valerie: Four face fraud charges over collapse – BBC News

Posted September 14th, 2023 in auditors, debts, false accounting, fraud, news by tracey

‘Four people have been charged with fraud connected to the collapse of bakery chain Patisserie Valerie in 2019.’

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BBC News, 13th September 2023

Source: www.bbc.co.uk

Litigant in person made ‘unacceptable’ threats to judge – Law Society’s Gazette

‘The solution for a dissatisfied litigant is not to threaten the judge, an Insolvency and Company Courts judge has noted, revealing ”deep concern’’ at threats made as he delivered judgment.’

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Law Society's Gazette, 11th August 2023

Source: www.lawgazette.co.uk

‘Drunk’ gambler must honour £590,000 cheque, judge rules – Law Society’s Gazette

Posted August 8th, 2023 in alcohol abuse, cheques, debts, disclosure, gambling, news by tracey

‘Mayfair casino Aspinall’s has succeeded in a claim against a high rolling gambler who maintained that his £590,000 losses were unenforceable because he had been drunk when he placed his bets. In Aspinall’s Club Ltd v Lester Hui, Mr Justice Cotter lamented that the 10-day hearing had been “beset with difficulties” including unsatisfactory disclosure and a trial bundle containing “well over 1,500 pages”.’

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Law Society's Gazette, 8th August 2023

Source: www.lawgazette.co.uk

Satisfying judgment from scheme assets following bankruptcy discharge – Pensions Barrister

Posted July 27th, 2023 in bankruptcy, debts, injunctions, judgments, news, pensions by sally

‘Handed down on 26th July, the latest in a long line of cases in which a judgment creditor has sought to enforce their debt from the pension scheme assets of the debtor is Cohen v O’Leary [2023] EWHC 1939 (Ch), a decision of Louse Hutton KC, sitting as a Deputy Judge of the High Court.’

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Pensions Barrister, 27th July 2023

Source: www.pensionsbarrister.com

Unpublished policy and unlawful detention: a case note on R (MXK) v Secretary of State for the Home Department – UK Human Rights Blog

‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.

In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’

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UK Human Rights Blog, 29th June 2023

Source: ukhumanrightsblog.com

Repayment prevented by sanctions – Law Society’s Gazette

Posted May 30th, 2023 in debts, interest, loans, news, repayment, Russia, sanctions by sally

‘In a novel application of the ancient equitable jurisdiction that protects a debtor’s right to redeem mortgaged property, after a short trial, Mr Justice Green granted Fortenova Grupa’s redemption action against LLC Shushary Holding – a subsidiary of VTB Bank PJSC, sanctioned in the UK, EU and US. The action concerned €1.157bn of senior secured floating rate notes issued by Fortenova and due to mature in September 2023; 38% of the notes were owned by Shushary.’

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Law Society's Gazette, 26th May 2023

Source: www.lawgazette.co.uk

Husband and wife joined people smuggling ring to get out of debt – The Independent

Posted February 21st, 2023 in debts, married persons, news, sentencing, trafficking in human beings by tracey

‘A husband and wife who joined a people smuggling ring to make money to pay off debts have been sentenced. Pamela and Nicholas Fullwood along with a third defendant, Azad Ahmadi, appeared at Canterbury Crown Court in Kent for sentencing on Monday.’

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The Independent, 20th February 2023

Source: www.independent.co.uk

Unravelling a mental health moratorium – Nearly Legal

Posted February 2nd, 2023 in debts, enforcement, mental health, mortgages, news, repossession by sally

Mr Kaye applied “to cancel the Current Moratorium pursuant to Regulation 19 on the grounds that (1) Mr Kaye’s interests as a judgment creditor are unfairly prejudiced by the moratorium and (2) there has been a material irregularity in that Ms Lees did not meet the relevant eligibility criteria when the application for the Current Moratorium was made (Reg 17(2)) and that the application was not made bona fide.” He also sought an injunction to restrain Ms Lees from entering a further moratorium for a period of 60 days.

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Nearly Legal, 1st February 2023

Source: nearlylegal.co.uk

Trustpilot reviews of law firm defamatory, judge rules – Law Society’s Gazette

Posted January 30th, 2023 in debts, defamation, fraud, harassment, internet, news by tracey

‘A debt recovery firm is taking legal action against the review website Trustpilot in relation to 20 different reviews left which include allegations of fraud and harassment.’

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Law Society's Gazette, 27th January 2023

Source: www.lawgazette.co.uk

Call to end forced installation of UK prepayment meters after millions suffer without power – The Guardian

Posted January 12th, 2023 in debts, elderly, energy, news, utilities by sally

‘Ministers are being urged to stop the forced installation of prepayment meters after revelations that 3.2 million people – the equivalent of one person every 10 seconds – were left with cold and dark homes last year as they ran out of credit.’

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The Guardian, 11th January 2023

Source: www.theguardian.com

Calls for UK ban on pre-payment meter installations made under court warrants – The Guardian

Posted November 30th, 2022 in consumer protection, debts, energy, news by sally

‘Campaigners have called for an immediate ban on pre-payment meter (PPM) installations made under court warrants because of fears that energy suppliers are using them to disconnect the poorest, most indebted customers “by the back door”.’

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The Guardian, 29th November 2022

Source: www.theguardian.com