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 […]
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
New Guidance from Civil Justice Council – Instructing Expert Witnesses Read More »
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
The Perils of April 2015 for Insolvency Litigation Cases Read More »
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
Drafting Applications for Disclosure under s.236 of IA 1986 Read More »
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
Third Party Funding for Litigation. Does it do what it says on the side of the box? Read More »
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
Liquidator and Liability for Misfeasance Read More »
We are delighted that Trainee Solicitor Will Searle has been called to the Roll of Solicitors. Will has predominantly specialised in contentious insolvency law involving property related matters. Senior Partner James Edward commented: “We are proud of our tradition of high quality and robust training of future solicitors which is reflected in Will’s admission to
Will Searle admitted to the Roll of Solicitors Read More »
I was recommended to James Edward of James Edward & Associates by another firm of lawyers to advise on a bitterly contested and complex shareholders’ dispute where I and a business partner were minority shareholders. There were several parties involved and a lengthy trial ensued which I am very pleased to say we won. James Edward & Associates fought
Shareholder Dispute Testimonial Read More »
James Edward & Associates has been instructed by the trustee in bankruptcy of the actor and comedian Steve Furst, who is currently appearing in the West End theatre production of “Made in Dagenham”. James Edward & Associates partner, James Edward commented: By way of assistance to the trustee in bankruptcy, we are continuing to look into Mr Furst’s
James Edward & Associates appointed in the bankruptcy of comedian Steve Furst Read More »
Last year we were instructed by a Liquidator to pursue various statutory claims under the Insolvency Act 1986, against the company’s former directors. The company’s creditors decided they could no longer afford to fund the Liquidator’s legal costs, so James Edward & Associates arranged third party funding on the Liquidator’s behalf. Successful Outcome: Shortly after the
Case Study – how litigation funding can help a claim reach a successful conclusion Read More »
