Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal

Posted May 16th, 2022 in damages, debts, enforcement, housing, leases, mental health, news, repossession by tracey

‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’

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Nearly Legal, 15th May 2022

Source: nearlylegal.co.uk

People left out of pocket by traders say UK county court system ‘unfit for purpose’ – The Guardian

Posted May 3rd, 2022 in county courts, debts, enforcement, judgments, news, small claims by sally

‘Customers say judgments against firms lead nowhere and compound their misery.’

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The Guardian, 2nd May 2022

Source: www.theguardian.com

Case Preview: Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc – UKSC Blog

Posted April 27th, 2022 in appeals, banking, damages, debts, insolvency, liquidators, news, Supreme Court by sally

‘On 19 January 2022, the Supreme Court heard the appeal in Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc. The appeal turns on whether a company in liquidation can be considered to have suffered loss where, while it is still trading, its bank pays money out of the company’s accounts to discharge debts owed by the company. It is likely that this case will further set out the limits of the Quincecare duty, following a spate of recent high-profile cases in this area.’

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UKSC Blog, 26th April 2022

Source: ukscblog.com

JCT’s insolvency payment regime – how does it work? – Practical Law: Construction Blog

Posted April 11th, 2022 in construction industry, contracts, debts, insolvency, news by tracey

‘The case of Levi Solicitors LLP v Wilson and another considered the impact of contractor insolvency on debts owed to an employer under a JCT contract.
Significantly, the court helpfully clarified how the payment regime under JCT contracts operated in the context of insolvency. This blog takes a closer look at the case.’

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Practical Law: Construction Blog, 6th April 2022

Source: constructionblog.practicallaw.com

Farrar Out – Local Government Lawyer

‘Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com

Posted March 7th, 2022 in company law, construction industry, contracts, debts, insolvency, news, time limits by tracey

‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’

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OUT-LAW.com, 4th March 2022

Source: www.pinsentmasons.com

Claimant liable for abuse of process after misusing online claim system – Legal Futures

Posted December 7th, 2021 in abuse of process, debts, default judgments, electronic filing, news by sally

‘A claimant who filed a request for judgment on the Money Claim Online (MCOL) system, knowing the defendant’s alleged admission had not been made, has been found liable for the tort of abuse of process.’

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Legal Futures, 7th December 2021

Source: www.legalfutures.co.uk

Bankruptcy Petitions – Petitioner Substitution r.10.27 and Change of Carriage r.10.29 – 33 Bedford Row

Posted November 3rd, 2021 in bankruptcy, chambers articles, debts, insolvency, news by sally

‘In England and Wales, there should only be one bankruptcy petition against a debtor at any one time. As stated in Re Maud [2020] EWHC 1469 (also known as Edgeworth Capital (Luxembourg) Sarl v Maud)(‘Re Maud’), by Snowden J, at paragraph 98:

“Consistent with the principle that a bankruptcy petition is a class remedy, the legislation, rules and court practice are generally based upon the notion that there should only be one petition against a debtor at any one time.”‘

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33 Bedford Row, 14th October 2021

Source: www.33bedfordrow.co.uk

Man who used commemorative coin to pay for petrol wins payout – The Independent

Posted October 28th, 2021 in coinage, compensation, damages, debts, news by sally

‘A commemorative coin collector who was arrested after attempting to pay for his fuel at a petrol station with a £100 coin, insisting it was legal tender, has been awarded a £5,000 compensation payout.’

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The Independent, 27th October 2021

Source: www.independent.co.uk

CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette

Posted October 18th, 2021 in appeals, costs, debts, fees, news, trusts, wills by tracey

‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’

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Law Society's Gazette, 15th October 2021

Source: www.lawgazette.co.uk

Recovering commercial rent during the pandemic – Local Government Lawyer

Posted October 15th, 2021 in coronavirus, debts, landlord & tenant, leases, local government, news, rent, set-off by tracey

‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’

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Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: Anwar v The Advocate General for Scotland (representing the Secretary of State for Business, Energy and Industrial Strategy) (Scotland) [2021] UKSC 44 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal concerning the petition for judicial review against the Department for Business, Energy and Industrial Strategy for failure to provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law.’

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UKSC Blog, 13th October 2021

Source: ukscblog.com

Quarter of pupillage hopefuls £50k in debt – Law Society’s Gazette

Posted October 4th, 2021 in barristers, coronavirus, debts, news, pupillage, statistics by tracey

‘Over a third of aspiring barristers expect to have racked up over £40,000 of debt by the time they complete pupillage, as the number of applicants competing for jobs continues to rise.’

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Law Society's Gazette, 1st October 2021

Source: www.lawgazette.co.uk

Research: “Billions could be saved” by funding more legal advice – Legal Futures

Posted September 28th, 2021 in budgets, debts, health, housing, legal advice, news by sally

‘The Treasury could save billions of pounds a year if more public money is put into specialist legal advice, according to new research.’

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Legal Futures, 28th September 2021

Source: www.legalfutures.co.uk

Cancelling a debt moratorium – some issues – Nearly Legal

Posted September 15th, 2021 in civil procedure rules, debts, housing, landlord & tenant, mental health, news, repossession by tracey

‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Winding Up Petitions – Balancing Supporting and Opposing Creditors – 33 Bedford Row

Posted August 6th, 2021 in bankruptcy, chambers articles, debts, insolvency, news, winding up by sally

‘Where a creditors’ winding up petition is presented and the petitioner seeks a winding up order under section 122(1)(f) of the Insolvency Act 1986, and the debtor/respondent company does not resist or its points of defence/opposition prove unmeritorious, the petitioner will be entitled to a winding up order as of right (in Latin, ex debito justitiae). However, this “as of right” entitlement only relates to the relationship between the petitioner and the debtor/respondent (‘debtor’). Where the debtor has only one creditor, i.e. the petitioning creditor, there will be no other, wider interests, to consider (leaving aside the rare intrusion of contributories’ interests). However, where the debtor has other creditors, those other creditors may wish[5] for their voices to be heard as to whether the Companies Court should, under section 125 of the Insolvency Act 1986: (i) make the winding up order; (ii) dismiss the petition; or (iii) make some other order, for instance, to adjourn/stay the winding up petition pending some other event (e.g. a vote on an creditors voluntary arrangement proposal).’

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33 Bedford Row, 1st August 2021

Source: www.33bedfordrow.co.uk

Pick the first landlord up – Nearly Legal

Posted July 30th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, statutory interpretation by sally

‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’

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Nearly Legal, 29th July 2021

Source: nearlylegal.co.uk

Tardy defendant allowed to fight £101m case ‘by skin of his teeth’ – Law Society’s Gazette

Posted July 14th, 2021 in costs, debts, default judgments, delay, news, shareholders by tracey

‘A civil defendant who waited three months to challenge a default judgment worth £101m has been given another chance to fight the claim.’

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Law Society's Gazette, 13th July 2021

Source: www.lawgazette.co.uk

Stay of proceedings in consequence of restructuring plan – Mills & Reeve

‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’

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Mills & Reeve, 7th July 2021

Source: www.mills-reeve.com

Binding arbitration to settle Covid commercial rent disputes – Litigation Futures

‘The government is to introduce mandatory, binding arbitration to settle disputes between landlords and businesses struggling to pay their rent because of the pandemic.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com