Category: Dispute Resolution

Endersby and Coote v Astrosoccer 4 U Ltd

Author: Nigel Cook

The case arose because of a purported appointment of administrators following the filing of a notice of intention (NOI) by the directors (which had to be given to the floating chargeholder) but immediately after a winding up petition had been filed by the judgement creditors who also opposed this application. This appointment was invalid because of para 25 of Schedule B1.

Read more

SAW (SW) 2010 Limited –v- Wilson & Another

Author: Nigel Cook

In this case, the Court of Appeal considered a challenge to an Administrator’s appointment under paragraph 14 of Schedule B1 made by a floating charge holder.

Read more

Some Questions to Share

Author: Chris Millar

1. Does a conflict of interest arise where a solicitor acts for both the Petitioning Creditor and the Liquidator of a company?

Read more

The Alternatives to Taking a Dispute to Trial

Author: Angus Storar

Recently, a Ministry of Justice poll of Court users for 2014/2015, showed that 70% of all Claimants had attempted to resolve their dispute directly with their opponents and of those Claimants, 68% would have rather avoided making a Court claim and the expense of litigation..

Read more

Court Fees - The New Landscape

Author: Martin Steer

The issue fees for all civil claims above £10,000 are now calculated at 5% of the value of the claim subject to a maximum Court fee of £10,000 and Claims of £200,000 or more will cost £10,000 to issue.

Read more

Civil Court Fees Increase

Author: Floris Shoebridge

The Government has recently announced that court fees for the issuing of civil claims are to increase dramatically from April 2015 attracting criticism from Senior Judges, the Law Society, and other members of the legal profession.

Read more

Landlord & Tenant - No Cash Back for M&S

Author: Tamsin Reader

In the case of Marks & Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Another [2014], the Court of Appeal has overturned a first instance decision. The tenant, M&S, had exercised a break clause ending its lease early.

Read more

Commercial Rent Arrears Recovery (CRAR)

Author: Laura Marchington

Commercial Rent Arrears Recovery (CRAR) is a method of enforcement to recover rent arrears relating to commercial properties. CRAR came into force on 6th April 2014 and is governed by the Tribunals Courts and Enforcement Act 2007 (TCEA) and the Taking Control of Goods Regulations 2013 (TCGR). CRAR must now be used for commercial property and the common law rights of distress is abolished.

Read more

Insolvency Rules 1986 – All change

Author: Chris Millar

The Insolvency Rules 1986 are likely to be replaced wholesale by new Rules later this year which are likely to provide, inter alia:-

Read more

KY Homes Bradford Limited v Patel

Author: Chris Millar

Section 1140 of the Companies Act 2006 permits a document to be served on a Company Director by leaving it at or by sending it by post to the person's registered address i.e. the address in the Register of Directors held at Companies House.

Read more

Cobham

15A High Street
Cobham
Surrey
KT11 3DH

T: 01932 589599
F: 01932 867587

DX: 46102 COBHAM

Dorking

156 High Street
Dorking
Surrey
RH4 1BQ

T: 01306 880110
F: 01306 502283

DX: 57300 DORKING

Godalming

The Tanners
75 Meadrow
Godalming
Surrey
GU7 3HS

T: 01483 861848
F: 01483 861856

DX: 58308 GODALMING 1