Personal guarantees: will the court order that the original documents should be disclosed?

In litigation, the fundamental purpose of disclosure is to make available any evidence which either supports or undermines the respective parties' cases where, under Part 31 of the Civil Procedure Rules (CPR), parties are required to disclose to each other any documents that damage their case, as well as any helpful documents. Needless to say, […]

The civil court's power to order a prison sentence: a cautionary reminder for company directors

In the recent case of Olympic Council of Asia v Novans Jets LLP and others [2023] EWHC 276 (Comm) it was held by the High Court that, following the amendment of Part 81 of the Civil Procedure Rules (CPR) back in October 2020 — which deals with applications in relation to contempt of court — […]

The importance of limitation periods

Most limitation periods impose strict time limits within which a claim must be brought. As such, it is essential for any potential party to litigation to be fully appraised of how these time limits work in practice. The following guide provides an overview of the key limitation issues to consider when bringing or defending a […]

In determining an intention to create legal relations "context is all"

Is it possible for a professional to seek recovery of their fees if their client has not signed their contract?  This was the issue that the court considered I the recent case of Fenchurch Advisory Partners LLP v AA Limited [2023] EWHC 108 (Comm). Introduction It is trite law that when deciding whether a contract […]

Enforcing judgments against defendants with empty pockets

At the point at which a court hands down judgment, in many cases months or sometimes years after a commercial dispute has arisen and proceedings first issued, and the final outcome is in the Claimant’s favour, this is likely to represent a real moment of triumph. Still, any jubilation may be short-lived if the Defendant […]

Share purchase agreements: providing a valid notice of warranty claim

Providing a party with an improperly particularised notice of warranty claim in the context of a share purchase agreement (SPA) can often give rise to a dispute in itself and, in some cases, even a potential basis upon which a claim can be struck out. This, in turn, can create unnecessary applications to the court […]

Disputes about loans

It has been recently reported in the press that, in the US, Apple will be offering and approving loans to its customers.  The lending business is called Apple Pay Later.  As reported in the Financial Times, by taking ownership of the lending process, Apple will have better access to data and it will help the […]

Winding up petitions: new restrictions

The current restrictions on winding up petitions are due to expire on 30 September 2021. They will be replaced by more limited restrictions which are set out in the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) Regulations 2021.  According to the Insolvency Service, the changes are aimed at helping High Street […]
Helping resolve and manage disputes. Civil disputes, contractual disputes, professional negligence claims and company disputes.

Penalties: don't be too extravagant

In Ahuja Investments Ltd v Victorygame Ltd, Surjit Singh Pandher Judge Hodge QC, sitting as a High Court Judge, was asked to consider whether a default interest rate in a loan agreement constituted a penalty.  Judgment was handed down on 26 August 2021. Background The claimant, Ahuja Investments Limited (AIL) brought a claim against the […]

Preservation of evidence: Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd

It has been a while since I looked at an insurance dispute so this week I have chosen to review Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd [2021] EWHC 1808 (TCC). Judgment was handed down on 9 June 2021. The case was concerned with Chubb’s application for an order seeking […]

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