London Fraud Forum
Founding partner and solicitor James Edward has been invited to talk on 11 March 2015 by the London Fraud Forum hosted by Grant Thornton. The seminar will focus on recoveries in the public sector.
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Overdrawn Directors’ Loan Accounts
In this two part series, solicitor and founding partner James Edward of James Edward & Associates and Barrister Louise Bowmaker of Enterprise Chambers, take a look at the legislation relating to directors’ overdrawn loan accounts. Seven years since the legalisation of directors’ loans, the ever-flexible directors’ loan account is as popular as ever, particularly for smaller,
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New Changes to CPR Part 36 Offers – Effective from 6 April 2015
The purpose of CPR Part 36 is to encourage settlement between parties before trial. Its primary effect is to impose cost sanctions on a party who declines an offer to settle a dispute pursuant to Part 36 and subsequently then fails to achieve a better result at trial. The new rules will be in force
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LASPO Funding Update for Insolvency Proceedings
So you did some work for a client in Madrid and you are based in England. Accordingly, April 2015 will not see the end of the recoverability of success fees and after the event (ATE) insurance premiums from the losing opponent as part of the costs ordered on the successful outcome in insolvency litigation cases.
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High Court dismisses TIB’s application compelling a bankrupt to draw down pension which is not yet in payment
The High Court considered in Horton v Henry whether it had power under s.310 of the IA 1986 to make an IPO in respect of a pension which is not in payment. The earlier 2012 decision in Raithatha v Williamson concluded a TIB had power to claim a bankrupt’s lump sum entitlements under personal pension schemes not yet in
New Guidance from Civil Justice Council – Instructing Expert Witnesses
Since 1 December 2014, new guidance on the instruction of experts in civil claims has been implemented. The new guidance highlights the existing requirements concerning expert duties under CPR 35 and PD 35 and reinforces the underlying requirement of independence. The new guidance reflects the Jackson reforms which were introduced in April 2013. The full
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The Perils of April 2015 for Insolvency Litigation Cases
The government has indicated that April 2015 will see the end of the recoverability of success fees and after the event (ATE) insurance premiums from the losing opponent as part of the costs ordered on the successful result of insolvency litigation. Crucially, any award of damages where funding arrangements are entered into after 1 April
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Drafting Applications for Disclosure under s.236 of IA 1986
A recent judgment in the High Court has highlighted the need for office-holders to take care not to make sweeping requests for information when making applications for disclosure from third parties under section 236 of Insolvency Act 1986 in respect of corporate insolvency. The decision emphasises the need to be specific in terms of the
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Third Party Funding for Litigation. Does it do what it says on the side of the box?
Third Party Funding for Litigation. Does it do what it says on the side of the box? In our experience and for the right type of case yes it really can work! As specialist litigation lawyers in our experience third party funding to assist with the expense of bringing a claim really can help. It’s
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Liquidator and Liability for Misfeasance
Liquidator and liability for misfeasance, under section 212 of the Insolvency Act 1986 Could a former liquidator be entitled to relief from liability under section 212 of the Insolvency Act 1986, where her conduct was found to have fallen well short of the standard to be expected and where she had allegedly paid away substantial
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