Dispute Resolution analysis: The defendant’s application to strike out and/or for reverse summary judgment on the claimant financial services firm’s claims for breach of contract and/or unjust enrichment was refused. The judge held that there was a real prospect of success on each claim or some other compelling reason for the case to go to trial. There was also a real prospect of Matrix Receivables Ltd (MRL) overcoming the abuse of process arguments raised in terms of the alleged collateral attack on an earlier decision in which it was not a party. The fact that the trial bundle from a previous action had been wrongly reviewed by MRL’s solicitors in breach of CPR 31.22 was also not a reason to strike out the claim as that would be disproportionate where the breach was not deliberate and there had been no specific or tangible misuse of the documents. Practical steps could be taken to remedy such breach and MRL did not need retrospective permission to rely on those documents. Written by Pippa Manby, barrister at 4 New Square Chambers.

This Practice Note considers the required elements to bring a claim for knowing receipt, including what is trust property, the complex question as to what level or type of knowledge is required and the need for a causal link between the breach of trust/fiduciary duty and the defendant’s receipt. In so doing it considers some of the uncertainties flagged by the Supreme Court in its 2023 judgment in Byers v Saudi National Bank. A claim for knowing receipt is sometimes referred to as a claim of accessory liability or secondary liability, in that the claim is not brought against the primary wrongdoer. It is also sometimes referred to as a claim for ‘unconscionable receipt’. It is not a claim which requires dishonesty on the part of the defendant. Due to the ‘unconscionable’ element of the claim, it is one which is often pursued in the context of ‘civil fraud’ scenarios, although it is not a claim which requires dishonesty on the part of the recipient defendant. For guidance on the accessory liability claim

Employment analysis: A claim for a quantum meruit payment (ie as much as is deserved) cannot be brought as a claim of unlawful deductions from wages under Part II of the Employment Rights Act 1996, according to the Employment Appeal Tribunal (EAT).

What is subrogation? Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of another and to bring an action in that other’s name. For further guidance on unjust enrichment generally, see Practice Notes: • Unjust enrichment—elements of the claim • Unjust enrichment—defences When might subrogation arise? The term subrogation is: ‘…a convenient way of describing a transfer of rights from one person to another, without assignment or assent of the person from whom the rights are transferred and which takes place by operation of law in a whole variety of widely different circumstances. Some rights by subrogation are contractual in their origin, as in the case of contracts of insurance. Others, such as the right of an innocent lender to recover from a company moneys borrowed ultra vires to the extent that these have been expended on discharging the company's lawful debts, are in no way based on contract and appear to defeat classification except as an empirical remedy to prevent a particular kind of unjust

The statement of case in which the claimant sets out a concise statement of the nature of the claim.

[ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]] [INSOLVENCY AND COMPANIES LIST (ChD)] ORIN THE HIGH COURT OF JUSTICE [CHANCERY DIVISION] ] Claim No. No. of [insert year] Claimant In the matter of [insert name of company] And In the matter of part 26 of the companies act 2006 Defendant(s) Does your claim include any issues under the Human Rights Act 1998? [Yes OR No] Defendant's name and address Details of claim (see also overleaf) A. The above company (Applicant) seeks: the following orders and directions: 1 An Order for sanction of a scheme of arrangement (Scheme) pursuant to section 899(1) of the Companies Act 2006 (Act) subject to the Scheme having been approved by the requisite majorities of creditors; 2 That subject to the Scheme having been approved as described in paragraph 1, the hearing of the application to sanction the Scheme be listed for hearing before a Judge of the Chancery Division; 3 An Order for the directions set out in paragraph B below; 4 That the Company deliver to

Claim No. [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES Claimant In the matter of [insert name of company] And In the matter of part 26A of the companies act 2006 Does your claim include any issues under the Human Rights Act 1998? [Yes OR No] Details of claim (see also overleaf) A. The above company (Applicant) seeks: the following orders and directions: 1 An Order for sanction of a restructuring plan pursuant to Part 26A of the Companies Act 2006 (Act) subject to the restructuring plan having been approved by the requisite majorities of creditors/members (or cross-class cramdown having been applied); 2 That subject to the restructuring plan having been approved as described in paragraph 1 the hearing of the application to sanction the restructuring plan be listed for hearing before a Judge of the Chancery Division; 3 An Order for the directions set out in paragraph B below; 4 That the Company deliver to the Registrar of Companies a copy of such Order as the Court may make sanctioning

The purpose of the claim form A claim form is a type of statement of case. It is the document used to start proceedings. It contains information relevant to the proceedings, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, generally the claimant's solicitor. The relevant procedural rules on how and where to start proceedings are contained in CPR Part 7. Guidance as to the contents of a claim form generally can be found in the Practice Note: Claim form—the contents. This Precedent provides a downloadable Word document copy of containing suggested text for use in relation to a claim for copyright infringement. Note this link should be left-clicked to start the download, as attempting to open in a new tab will not allow the download to start. The Precedent sets out guidance as to the specific points which should be taken into account when completing a claim form

The purpose of the claim form A claim form is a type of statement of case. It is the document used to start proceedings. It contains information relevant to the proceedings, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, generally the claimant’s solicitor. The relevant procedural rules on how and where to start proceedings are contained in CPR Part 7. Guidance as to the contents of a claim form generally can be found in the Practice Note: Claim form—the contents. This Precedent provides a downloadable Word document copy of containing suggested text for use in relation to a claim for database right infringement. Note this link should be left-clicked to start the download, as attempting to open in a new tab will not allow the download to start. The Precedent sets out guidance as to the specific points which should be

The purpose of the claim form The claim form is the document used to start proceedings. It contains information relevant to the proceedings including the court reference number to be used on all subsequent court documents, the parties to the proceedings, what is being claimed, particulars of the claim (including any claim for interest) and contact details for the claimant (generally the claimant’s solicitor). Guidance as to the contents of a claim form generally can be found in the Practice Note: Claim form—the contents. This Precedent provides an containing suggested text for use in relation to a claim for defamation. The form is intended to assist with the specific points which should be taken into account when completing a claim form for use in such proceedings. This claim form forms part of a suite of Precedents, and should be read in conjunction with the following Precedents: • Particulars of claim (defamation) • Defence (defamation) • Reply (defamation) • Final Order (defamation) In particular, it should be read in conjunction with the Precedent: Particulars of claim (defamation), because these two documents set out the scope of the claimant’s claim. For

The purpose of a claim form A claim form is the document used to start proceedings. It contains information relevant to the proceedings, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, generally the claimant's solicitor. The relevant procedural rules on how and where to start proceedings are contained in CPR Part 7. Guidance as to the contents of a claim form generally can be found in the Practice Note: Claim form—the contents. This Precedent is accompanied by an , containing suggested text for use in relation to a claim for infringement of UK registered designs and/or UK unregistered designs and/or supplementary unregistered designs. The Precedent sets out guidance as to the specific points which should be taken into account when completing a claim form for use in such proceedings. The attached N1 claim form is an example only. We suggest that practitioners download the latest version of the N1 claim form in

The purpose of the claim form A claim form is the document used to start proceedings. It contains information relevant to the proceedings, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, generally the claimant's solicitor. Guidance as to the contents of a claim form generally can be found in the Practice Note: Claim form—the contents. This Precedent provides an containing suggested text for use in relation to a claim for trade mark infringement and/or passing off. The form sets out guidance as to the specific points which should be taken into account when completing a claim form for use in such proceedings. The attached N1 claim form is an example only. We suggest that practitioners download the latest version of the N1 claim form in PDF themselves from the official source for submission and use the attached version as a guide to filling it out. See also Form N1A (Notes for claimant