Practical Law

The recent judgment in Axnoller v Brake starkly illustrates some of the strengths and limitations of the new Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the Debt Respite Scheme Regulations). It is also a timely reminder to parties with unsatisfied interim costs orders in their favour … Continue reading The Debt Respite Scheme, interim awards of costs and debarring orders →

When tax avoidance schemes fail, professional negligence claims against the scheme promoters will surely follow. And, because HMRC’s investigations of such schemes typically proceed at a ponderous rate, it is likely that limitation defences will be raised, fuelled by the long lapse of time between the advice being given and the failure of the scheme.

Writing earlier in 2018, I commented on the inconsistency of approach between two recent cases to consider legal professional privilege: Andrews J’s decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd, and that of Sir Geoffrey Vos in Bilta (UK) Ltd (in liquidation) & others v Royal Bank of Scotland … Continue reading Privilege and internal investigations: what next for practitioners after ENRC? →

For any motor insurance company looking for suitable New Year’s resolutions, it may be worth considering the cautionary tale of Southern Rock Insurance Company Limited v Hadar Hafeez. This Scottish case illustrates an important practical difficulty that arises from doing business online, particularly via price comparison websites. It also shows the importance of making sure … Continue reading Sorry, what was the question again? →