REUTERS | Ognen Teofilovski

“I want better legal support that is cost effective, quick and fit for purpose.” Roni Savage, Founder of Jomas Associates told BBC News recently. She went on to explain that 40% of her clients pay late, with up to 10% failing to pay at all. Talk to any SME (small and medium size enterprise) founder and they will recount a similar tale, though they may say it at a whisper. For any business the problems of late and non-payments are troubling, but for small businesses they can be crippling.

Continue reading

REUTERS | Carl Recine

It may appear tedious to keep the drum banging about proportionality and reasonableness, but it is important to understand these concepts whilst considering organic growth and development in costs law and practice. This is especially true with changes such as the recent ratification of the revisions to Guideline Hourly Rates. Continue reading

REUTERS | Tobias Schwarz

Background

In the matter of Various Airfinance Leasing Companies and others v Saudi Arabian Airlines Corporation, the High Court presided over contested applications issued by the parties to amend their respective statements of case. The judgment contains a helpful breakdown of the factors  that the court should apply to these applications.

The parties

The claimants were effectively the lessors of lease agreements relating to 50 aircraft, following the assignment of the leases by a third party. The defendant was the lessee pursuant to the lease agreements.

Continue reading

REUTERS | Albert Gea

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 of the potential power of debarring orders.

Continue reading

REUTERS | Wolfgang Rattay

The court may grant an order for security for costs if a two-part test is satisfied. First, at least one of the gateway conditions listed at CPR 25.13(2) must apply. Secondly, it must be just for the court to make the order in all the circumstances of the case (CPR 25.13(1)(a)).

In Heathfield International LLC v Axiom Stone (London) Ltd & Medecall Ltd, the Court of Appeal considered the relevance of the defendant’s funding arrangements to the second part of this test.

Continue reading

REUTERS | Michael Buholzer

In a short space of time, Environmental, Social and Governance (ESG) has come to sit at the top of many corporate agendas. No longer a movement, ESG is underpinned by the reality that the majority of the billions of individuals, who are both the customers and the ultimate source of the debt and equity capital that support businesses, care about ESG.

In turn, this has elevated expectations that customers, investors, regulators and lawmakers, have of businesses, big and small, to consider sustainability, social responsibility and social justice in the operational and management conduct of their businesses. Get it wrong and it’s going to hurt reputationally and financially. And the bigger the company, the bigger the cost.

Continue reading

REUTERS | GCS

Background

In the matter of Rogerson (t/a Cottermore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd, the Technology and Construction Court allowed a defendant to change its expert witness during proceedings, subject to the condition that the defendant had to disclose materials relating to an expert it had instructed pre-action.

Continue reading

REUTERS | Clodagh Kilcoyne

My blogs of December 2020 and January 2021 discussed the decision of Lavender J in Belsner v Cam Legal Services. In brief, Ms Belsner had won her action for her injuries suffered in a road traffic accident (RTA), recovering damages of £1,916.98. The terms of her solicitor’s retainer set out in a conditional fee agreement (CFA), so the firm said, were that, on a win, a success fee could be deducted from those damages, in addition to an entitlement to keep the costs payable by her opponent in settlement of their charges.

Continue reading

REUTERS | Brendan McDermid

The power of the court to grant a passport order under section 37 of the Senior Courts Act 1981 was primarily recognised by the Court of Appeal in Bayer AG v Winter. The boundaries of such passport orders has been recently considered in Lakatamia Shipping Company Ltd and others v Su and others.

Continue reading