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Experts

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David Willink
David Willink
Lamb Chambers
Graeme Kirk
Graeme Kirk
Lamb Chambers
Hannah Laithwaite
Hannah Laithwaite
Lamb Chambers
James Tunley
James Tunley
Lamb Chambers
Rahul Varma
Rahul Varma
Lamb Chambers
Richard Colbey
Richard Colbey
Lamb Chambers
Simon Brilliant
Simon Brilliant , Barrister & Part-time Deputy Adjudicator to HM Land Registry
Lamb Chambers
Tim Sampson
Dr Tim Sampson
Barrister
Lamb Chambers
Contributions by Lamb Chambers Experts

116

How can a private limited company acquire its own shares for no consideration?
How can a private limited company acquire its own shares for no consideration?
Q&As

How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?
How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?
Q&As

If a claim for defamation or malicious falsehood is brought outside of the normal time limit due to circumstances related to coronavirus (COVID-19), can a claimant rely on section 32A of the Limitation Act 1980 to persuade the court to disapply that time limit?
If a claim for defamation or malicious falsehood is brought outside of the normal time limit due to circumstances related to coronavirus (COVID-19), can a claimant rely on section 32A of the Limitation Act 1980 to persuade the court to disapply that time limit?
Q&As

If a claimant accepts a defendant Part 36 offer pre-action but the parties fail to agree costs, what does the claimant need to do seek recovery of its costs?
If a claimant accepts a defendant Part 36 offer pre-action but the parties fail to agree costs, what does the claimant need to do seek recovery of its costs?
Q&As

If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what is the process for setting aside the judgment and replacing it with a judgment for the amount to be paid in full?
If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what is the process for setting aside the judgment and replacing it with a judgment for the amount to be paid in full?
Q&As

If I wish for a hearing to be heard in private, do I need to make a formal application for this with court fee or can it be dealt with by way of submissions before the judge at the start of the hearing?
If I wish for a hearing to be heard in private, do I need to make a formal application for this with court fee or can it be dealt with by way of submissions before the judge at the start of the hearing?
Q&As

If judgment is obtained against a tenant under an assured shorthold tenancy for rent arrears but the creditor is unable to find or make contact with the tenant to enforce the debt, can the creditor issue proceedings against the guarantor? If so, can the costs of pursuing the guarantor on a contractual basis be included in the claim?
If judgment is obtained against a tenant under an assured shorthold tenancy for rent arrears but the creditor is unable to find or make contact with the tenant to enforce the debt, can the creditor issue proceedings against the guarantor? If so, can the costs of pursuing the guarantor on a contractual basis be included in the claim?
Q&As

If one of two defendants makes a Part 36 offer, is that defendant liable for the claimant's costs in relation to both defendants if the claimant accepts the offer?
If one of two defendants makes a Part 36 offer, is that defendant liable for the claimant's costs in relation to both defendants if the claimant accepts the offer?
Q&As

If serving by email, what is the extent of the requirement to enquire about the recipient’s email limitations?
If serving by email, what is the extent of the requirement to enquire about the recipient’s email limitations?
Q&As

If the court amends an order under CPR 40.12 to correct a mistake, does the date of the original order stand, or is the date of the amendment taken to be the date of the order?
If the court amends an order under CPR 40.12 to correct a mistake, does the date of the original order stand, or is the date of the amendment taken to be the date of the order?
Q&As

If the defendant failed to indicate intention to dispute jurisdiction in the acknowledgement of service, can the defendant subsequently make an application to dispute jurisdiction within 14 days of filing the acknowledgement of service?
If the defendant failed to indicate intention to dispute jurisdiction in the acknowledgement of service, can the defendant subsequently make an application to dispute jurisdiction within 14 days of filing the acknowledgement of service?
Q&As

If the limitation period for bringing a claim for breach of contract has passed, but a settlement agreement was entered into prior to the expiry of the limitation period, will the settlement agreement be treated as a variation of the original contract such that it extends the initial limitation period? Does a claim for breach of a settlement agreement have its own limitation period?
If the limitation period for bringing a claim for breach of contract has passed, but a settlement agreement was entered into prior to the expiry of the limitation period, will the settlement agreement be treated as a variation of the original contract such that it extends the initial limitation period? Does a claim for breach of a settlement agreement have its own limitation period?
Q&As

If you agree with the defendant to serve the claim form (at the end of the four-month period) and agree to extend the time period for service of the particulars of claim and other supporting documents, can you make this agreement between the parties pursuant to CPR 2.11? If you are serving the claim form at the end of the four-month period, can you agree a 28-day extension pursuant to CPR 3.8 with the defendant for service of particulars of claim and other supporting documents?
If you agree with the defendant to serve the claim form (at the end of the four-month period) and agree to extend the time period for service of the particulars of claim and other supporting documents, can you make this agreement between the parties pursuant to CPR 2.11? If you are serving the claim form at the end of the four-month period, can you agree a 28-day extension pursuant to CPR 3.8 with the defendant for service of particulars of claim and other supporting documents?
Q&As

In a claim in the County Court Money Claims Centre, both parties have agreed directions and filed their Directions Questionnaire with the court, attaching the agreed directions. The court has made no order as to the agreed directions, and the deadline for the first agreed direction has passed. What is the status of the agreed directions and are the parties obliged to comply with the agreed directions in the absence of an order?
In a claim in the County Court Money Claims Centre, both parties have agreed directions and filed their Directions Questionnaire with the court, attaching the agreed directions. The court has made no order as to the agreed directions, and the deadline for the first agreed direction has passed. What is the status of the agreed directions and are the parties obliged to comply with the agreed directions in the absence of an order?
Q&As

In a costs budget, how should I deal with costs that have already been summarily assessed?
In a costs budget, how should I deal with costs that have already been summarily assessed?
Q&As

In a dispute between cohabitants, where there is equitable accounting, will only the mortgage payments be taken into account or will the payment of utility bills be considered as well?
In a dispute between cohabitants, where there is equitable accounting, will only the mortgage payments be taken into account or will the payment of utility bills be considered as well?
Q&As

In a pre-action situation, if a party makes a part 36 offer for a relevant period of 21 days, if the 21st day falls on a Sunday, does that make the offer invalid?
In a pre-action situation, if a party makes a part 36 offer for a relevant period of 21 days, if the 21st day falls on a Sunday, does that make the offer invalid?
Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?
In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?
Q&As

In light of the Purrunsing v A'Court & Co case, a number of buyer's solicitors are now asking for confirmation that the seller’s solicitors have carried out the necessary checks to confirm that the seller client is the registered owner or are asking the seller’s solicitors to confirm they have undertaken the necessary AML checks. Is this interpretation of the case correct?
In light of the Purrunsing v A'Court & Co case, a number of buyer's solicitors are now asking for confirmation that the seller’s solicitors have carried out the necessary checks to confirm that the seller client is the registered owner or are asking the seller’s solicitors to confirm they have undertaken the necessary AML checks. Is this interpretation of the case correct?
Q&As

In the small claims track, if the matter settles after the claim is issued but before the trial is heard, who is responsible for paying the court fee?
In the small claims track, if the matter settles after the claim is issued but before the trial is heard, who is responsible for paying the court fee?
Q&As

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