Commercial disputes
Solicitors found negligent when failing to register a property transfer that facilitated fraud
If solicitors fail to do their job properly, with the result that a fraudulent transaction is not carried out as intended, are the solicitors still liable?
Another judicial review of the Financial Ombudsman: more verification of their stance
In another judicial review towards the end of last year, again related to fraudulent financial adviser activity, the court has considered the liability of SIPP administrators.
Company cash gambled away? There may be redress.
Last week Paddy Power Betfair was fined £2.2 million by the Gambling Commission for permitting stolen money to be gambled.
When to issue and serve a claim form and what to do if your solicitor misses the deadline
Claims for breach of contract must be made within 6 years of the breach. A claim form must be served within four months of issue. Any reasonably competent solicitor ought to make sure these deadlines are met, but there are pitfalls. They can lead to disputes over the conduct of the litigation, a fiendish outcome for the client.
When injunctive relief is "completely disproportionate"
Wright Hassall successfully acted for one of four Defendants (Ms Susan Cawley) in an application for injunctive relief (brought by Tenon FM Limited) that was described as “completely disproportionate” by a Judge in the High Court.
Equity Release. Another Problem Product?
Are equity release schemes really as good as they sound, or is this another problem product, of which we will only see the downfall in years to come?
Avoiding liability even where there is negligence
The recent case of Manchester Building Society v Grant Thornton 2018 is a striking example of the inability to recover certain losses from a professional adviser, even where their advice has been negligent.
Commercial disputes: shorter trials scheme
Should the courts work faster? Reaching trial sooner may be more of an advantage to the Claimant, if the Defendant is happier dragging a claim out to put off the evil day, but the courts are nonetheless trying to provide ways to get there more quickly and at less cost.
The Courts in London have been piloting a Shorter Trials Scheme (STS). “Shorter” here means coming to trial no later than 10 months after issue of the claim.
Insurance claims: legitimate investigations or rogue practices?
It is a common perception that insurers can be quick to decline cover. Recent publicity of an overly keen loss adjuster will only add fuel to that jaundiced view of insurers’ approach to their legal and regulatory obligations.
2019 Loan Charge Frequently Asked Questions
Since our first article about the 2019 Loan Charge, we have received a number of enquiries and common issues have appeared. This FAQ addresses some of the points we have experienced with clients in relation to the 2019 Loan Charge.
