Litigation | Mayo Wynne Baxter

Are Court Fees preventing you from issuing a claim?

Rubber Stamp with past due for payment. Includes clipping path for stamp.

The Law Society Gazette this week published an article stating that the number of county court judgments against businesses has fallen according to the official year-on-year figures. It was reported that this fall was fuelling speculation that higher court fees were preventing businesses from going to court to recover the monies owed to them. The… Read the rest of this post (No Comments)

Insolvency goes back to School

insolvency

In July 2016 the government launched a consultation regarding the development of an Insolvency Regime for Further Education. It was a short lived consultation lasting only four weeks leaving many interested parties concerned that the process was open for such a short time and during the period where colleges would be on their summer vacation…. Read the rest of this post (No Comments)

Disclosing Surveillance

spy at work

There are times when a defendant receives valuable video surveillance footage of a claimant late in the proceedings. How can it then be introduced as evidence? The starting point is that a party has a continuing duty of disclosure to the other under CPR Part 31.11 which only concludes when proceedings end. If privilege is… Read the rest of this post (No Comments)

Soaring House Prices in Crawley

House

As the property market continues to soar throughout the UK, a significant number of areas are making their mark on the map as being “the most desirable”.  Crawley in West Sussex has recently hit the headlines, being the only area outside of London to make it into the top 10 most desirable places to live.  … Read the rest of this post (No Comments)

Staged Claims

falling man isolated on white background

With an estimated £2.1 billion of undetected insurance fraud committed every year in the UK, there has been an increasing imperative upon defendants and their insurers to combat this through the courts. Insurance fraud has an impact upon the public, who end up paying for the dishonesty of some through higher insurance premiums. Insurance fraud… Read the rest of this post (No Comments)

Consumer Rights Act 2015

Consumer Rights

The Consumer Rights Act 2015 brings in many changes to consumer law which will affect both consumers and businesses alike. Rights and remedies available to consumers have been clarified and confirmed. Businesses and traders can be clearer on their obligations too. The Act replaces the majority of the ‘big three’ pieces of consumer legislation –… Read the rest of this post (No Comments)

Data protection, loss of data and compensation

Internet Security System

A recent Court of Appeal decision has changed the rules on compensation for data protection breaches, so that compensation may be awarded for a breach, even if no financial losses have occurred. This will have implications for many businesses, including the Travel industry and those who control and hold customer data. The case of Google… Read the rest of this post (No Comments)

Effective Debt Recovery

Economic Recovery on the Mechanism of Metal Cogwheels.

It was announced earlier in the year that as of October the level of debt that an individual had to owe a single creditor before that creditor could petition for their bankruptcy was due to rise from the current level of £750 to £5,000. Although bankruptcy is not and was not designed to be a… Read the rest of this post (No Comments)

Can an insurer try to claw back a compensation payment when it finds new evidence of fraud years later?

Tearing up the contract

The Court of Appeal considered this point in March 2015 in the case of Hayward –v- Zurich Insurance Co plc (2015) following an earlier judgment, which set aside a previous settlement in a personal injury claim. It rejected the insurer’s arguments and decided that the original settlement was binding. Background to Appeal The person making… Read the rest of this post (No Comments)

Recent court decisions about legally binding agreements between those in debt and the people they owe…

Insolvent Concept with Word on Folder.

An Individual Voluntary Arrangement (“IVA”) is a legally binding agreement between someone in debt and the people they owe money to and is supervised by an insolvency practitioner. The IVA typically lasts for five years during which time the person in debt will pay a monthly contribution into the IVA and agree to sell certain… Read the rest of this post (No Comments)