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Lamb Chambers
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David Willink
Lamb Chambers
Graeme Kirk
Lamb Chambers
Hannah Laithwaite
Lamb Chambers
James Tunley
Lamb Chambers
Rahul Varma
Lamb Chambers
Richard Colbey
Lamb Chambers
Simon Brilliant
,
Barrister & Part-time Deputy Adjudicator to HM Land Registry
Lamb Chambers
Dr Tim Sampson
Barrister
Lamb Chambers
Contributions by Lamb Chambers Experts
116
A car dealer buys a used car and sells it on to a consumer. Due to suspected negligent servicing conducted by a third party for the previous owner, the car breaks down. Can the car dealer make a claim against the suspected negligent third party? If so, what would they need to prove and what losses could they claim?
Q&As
Dispute Resolution
A claim form has been issued, but not served, and the limitation period has expired. Another claimant needs to be added to the claim form, is an application to the court required?
Q&As
Dispute Resolution
A claimant issues a claim for a specified sum of money in excess of £55,000. The Money Claim Online service was used. Is the claim subject to a fixed costs regime? Is the claimant able to recover costs on the standard basis?
Q&As
Dispute Resolution
A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?
Q&As
Dispute Resolution
A notice of adjudication and referral notice have been served by post at the address for the responding party stated in the contract, however, it transpires that the responding party no longer occupies that address and the documents have been returned to the sender. The address given in the contract is different to the responding party's registered office address. The contract is silent on whether documents can be served via email. How can the referring party ensure valid service?
Q&As
Construction
A party wishes to apply for an attachment of earnings order. The defendant lives in the UK and works from home. However, his employer is based only in Australia. Can the party still apply for an attachment of earnings order and is the employer based in Australia obliged to comply with the UK court order?
Q&As
Dispute Resolution
A tenant occupies a flat on an AST. There is no gas appliance in the flat but there is a communal boiler housed in the common parts of the building. This heats the water supplied to the property. If the landlord wishes to serve a section 21 notice on the tenant, what are the landlord’s obligations regarding provision of gas safety certificates to the tenant?
Q&As
Property Disputes
Are there any provisions that permit unclaimed funds originally deposited with the Court Funds Office to be repaid to the original person who deposited them if those funds remain unclaimed after a certain amount of years?
Q&As
Dispute Resolution
Are there any time limits in respect of issuing Part 8 proceedings following delivery of bill of costs on the defendants?
Q&As
Dispute Resolution
At what point will a claim in relation to a hire agreement be statute barred in England, in circumstances where the hire agreement was terminated following non-payment, an agreement was entered into to discharge the termination sum by way of monthly instalments, but then the payee ceased making payments?
Q&As
Dispute Resolution
Can a claimant withdraw a notice of discontinuance once served or must new proceedings be commenced?
Q&As
Dispute Resolution
Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?
Q&As
Dispute Resolution
Can a third party debt order be made against solicitors currently holding funds from the sale of a property part owned by the judgement debtor?
Q&As
Dispute Resolution
Can a third party debt order be made against the judgement debtors account if it is a bank whose head office is in Scotland other parts of the UK other than England (ie out of the jurisdiction)?
Q&As
Dispute Resolution
Can an offeree still request the offeror to clarify the offer under CPR 36.8(1) (or otherwise) outside of the seven days and are there consequences for a late request such as prohibiting you from applying for a court order under CPR 36.8(2)?
Q&As
Dispute Resolution
Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force majeure event under English law?
Q&As
Commercial
Can the court make an order in financial order proceedings on divorce or dissolution for the payment of university fees for a child of the family who is over the age of 18?
Q&As
Family
Can there be a Part 36 offer to multiple claimants by one defendant?
Q&As
PI & Clinical Negligence
Can you delete professional indemnity provisions in a collateral warranty where the contractor has not undertaken any design work?
Q&As
Construction
Can you direct me to the guidance and case law on contributory negligence in a clinical negligence claim?
Q&As
PI & Clinical Negligence
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