Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
19 July 2016
Legal update: Claimant’s delay proves fatal when making application for relief from sanctions
Goldcrest Distribution Ltd v (1) Charles Joseph McCole (2) Mary Orr McCole (3) Jeremy Willmont (Trustee in Bankruptcy of Charles Joseph McCole)
This case concerned the Claimant’s conduct in its application for relief from sanction following a successful default judgment hearing and in the litigation process more generally. The Claimant applied to set aside a default judgment entered against it by the Second Defendant after the Claimant failed to file a defence to a counterclaim
14 July 2016
Decline of the English Sex Scandal – why you can never get a good sex scandal these days (with apologies to George Orwell)
It is a Sunday afternoon –you put your feet up on the sofa and open the Sun on Sunday.What is it that you want to read about? Naturally - about a sex scandal. But what kind?
28 June 2016
Property transaction deemed an ‘unconscionable bargain’ but not enough of a bargain to overreach a mortgage interest
On 17 June 2016 the Court of Appeal held in the case of Mortgage Express v Laura Lambert [2016] EWCA Civ 555 that a transaction to purchase a property for £30,000 with a true value of £120,000 amounted to an unconscionable bargain. However, due to Ms Lambert’s failure to disclose her true arrangement and interest in the property, it could not amount to an overriding interest and so was capable of being overreached.
15 June 2016
Legal Update: Landlords’ successful appeal in clawing back lion’s share of costs serves as note of caution to tenants
Sinclair Gardens Investments (Kensington) Ltd v (1) Paul Kenneth Charles Wisbey (2) Lesley Barbara Mary Wisbey [2016] UKUT 203 (LC)
9 June 2016
Is a freezing order affecting third parties contrary to public policy?
The Court of Justice of the EU (ECJ), on referral from a preliminary ruling by the Supreme Court of Latvia, has held that the public policy defence in Article 34 of the 2001 Brussels Regulation (the 2001 Brussels Regulation) did not prevent the enforcement of a freezing order made without a prior hearing of third parties whose rights might be affected, provided that the third parties had the right to apply to the original court to vary or discharge the order. Meroni v Recoletos Ltd and others (Case C-559/14)
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