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Corporate Insolvency and Governance Act 2020—CE file guidance for moratorium and restructuring plans under Part 26A of the Companies Act 2006

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Act 2020—CE file guidance for moratorium and restructuring plans under Part 26A of the Companies Act 2006

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The following Banking & Finance news provides comprehensive and up to date legal information on Mid-year review 2016—enforcement

High Court orders expedition to determine issues relating to a financial restructuring given insolvency alternative (McLaren Holdings Ltd v US Bank Trustees Ltd)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Featured PI & Clinical Negligence content

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

Produced in partnership with Andrew Wilson 12th Jan

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...

9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...

9th Nov

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Louise Thomson 12th Jan

Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

9th Nov

Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

9th Nov

Practice notes

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

9th Nov

Most recent Settlement content

Practice notes

Costs sanctions for refusal to mediate

This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...

18th Jan

Practice notes

Mediation—opening presentation

The opening presentations will be made by each party in a joint meeting at the beginning of the mediation, for further detail of how mediations may...

18th Jan

Practice notes

Pre-6 April 2015—not accepting or rejecting a Part 36 offer [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of...

18th Jan

Practice notes

Small claims mediation service

What is the Mediation Service?The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation Service. This is a service...

18th Jan

Practice notes

Costs consequences of refusing to mediate—key and illustrative decisions

It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a...

18th Jan

Practice notes

Overview of changes to Part 36 from 6 April 2007

Note: This Practice Note is for historical reference, showing the changes to CPR 36 effective as at 6 April 2007, so as to distinguish the law from...

18th Jan

Practice notes

Pre-6 April 2015 rule 36—when and how to accept a Part 36 offer [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of...

18th Jan

Practice notes

Alternative Dispute Resolution (ADR)—Jackson Reforms [Archived]

Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final...

18th Jan

Practice notes

Mediation glossary

Alternative dispute resolution (ADR)—method of resolving disputes other than by litigation or arbitrationADR clause/notice—a clause in a contract...

18th Jan

Practice notes

Pre-6 April 2015 rule 36—is this a valid Part 36 offer? [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of...

18th Jan

Practice notes

Part 36 offers—costs consequences of rejection or non-acceptance

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...

Produced in partnership with Alice Nash of Hailsham Chambers 18th Jan

Practice notes

Enforcing settlement agreements concluded pre-action

Unlike a settlement arrived at after proceedings have been issued, where the parties agree to settle their dispute before proceedings have been...

Produced in partnership with Helen Swaffield of Contract Law Chambers 18th Jan

Practice notes

Part 36 offers—multiple defendants or multiple proceedings

This Practice Note considers Part 36 offers, setting out some of the decisions dealing with the application of the provisions in Part 36 to disputes...

Produced in partnership with Imran Benson of Hailsham Chambers 18th Jan

Practice notes

Part 36 offers—how to make a valid Part 36 offer

Part 36 precedentsYou may need to consider the validity of an offer in relation to advising clients about Part 36 offers generally, or drafting a Part...

Produced in partnership with Jake Coleman of Hailsham Chambers 18th Jan

Practice notes

Stages of the mediation

This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...

18th Jan

Practice notes

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...

18th Jan

Practice notes

Settling disputes—who, confidentiality and subject to contract

This Practice Note considers who should be involved in negotiating a settlement (including team negotiations), issues of confidentiality and subject...

Produced in partnership with Helen Swaffield of Contract Law Chambers 18th Jan

Practice notes