Serving company directors as defendants to a claim
Background The recent case of Abu Dhabi Commercial Bank PJSC v Shetty raised the question of whether section 1140 of the Companies Act 2006, when used in conjunction with the “necessary or proper party” gateway under PD 6B.3.1(3), has an “exorbitant and arbitrary” effect.
Unfair credit relationships, PPI payments, and limitation: Smith and another v Royal Bank of Scotland plc
Background On 6 April 2007, sections 140A to D of the Consumer Credit Act 1974 (the 1974 Act) came into force pursuant to the Consumer Credit Act 2006 (the 2006 Act). These replaced the old “extortionate credit bargain” provisions and, in brief, confer powers on the court to grant relief in connection with a credit … Continue reading Unfair credit relationships, PPI payments, and limitation: Smith and another v Royal Bank of Scotland plc
Flawed fraud and indemnity costs – La Cotte v Sovereign Steel Stockholders
Indemnity costs are always a hard fought battle, generally following hard won litigation. It is obvious why: the indemnity basis means a receiving party is not held to their approved budget and is therefore likely to recover significantly more than on the standard basis (Burgess v Lejonvarn, paragraphs 89 – 93).
Zavarco plc v Nasir: does the doctrine of merger apply to a declaratory judgment?
In Zavarco plc v Nasir, the £36million question was: does the doctrine of merger apply to a declaratory judgment? The Court of Appeal’s clear and unequivocal answer (merger “has no application at all to declarations”) would suggest that this was a simple point, however the experienced judges who grappled with the question in the lower … Continue reading Zavarco plc v Nasir: does the doctrine of merger apply to a declaratory judgment?
The Debt Respite Scheme, interim awards of costs and debarring orders
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
The Disclosure Pilot Scheme: where are we two and half years on?
The Disclosure Pilot Scheme (DPS), introduced on 1 January 2019, pursuant to Practice Direction (PD) 51U of the Civil Procedure Rules, is now some two and a half years old. Revisions were introduced on 6 April 2021.
