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Notices of Intention to Appoint – What is the intention?

Gavel and columns

The Court of Appeal, in JCAM Commercial Real Estate Property XV Limited v Davis Haulage [2017] EWCA Civ 267, has recently had to look at what intention a Director who files a ‘Notice of Intention to Appoint an Administrator” has to have when filing it at Court. The wording of the Notice seems to be… Read the rest of this post (No Comments)

NEW RULES IN INSOLVENCY PROCEEDINGS

Insolvency 1

Last month saw the new Insolvency Rules come into effect as of 6 April 2017. One of the key changes made relates to the holding of creditor meetings. These changes will impact on commercial contracts governed by English law. Many commercial contracts and leases contain an insolvency provision which defines “Insolvency” to include the holding… Read the rest of this post (No Comments)

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)