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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
Where a charge over a tenanted property is granted by agreement during proceedings brought by the chargor for debt recovery, when does time begin for the purposes of limitation and what is the limitation period?
Q&As
Dispute Resolution
Where a claim form and particulars of claim issued via MCOL is served on the defendant at an incorrect address does the claimant need to amend the address on the claim form or is the claimant able to serve it on the defendant at the correct address without any amendment?
Q&As
Dispute Resolution
Where a claimant company changes its name part way through proceedings but retains the same company number, is it necessary to make an application to court to substitute the name of the party?
Q&As
Dispute Resolution
Where a committal application is served personally on the defendant by a process server does the court need to be provided with a certificate of service, statement of service or affidavit of service?
Q&As
Dispute Resolution
Where a driver is driving in the course of employment, is there any guidance on whether proceedings should be issued solely against the employers because they are vicariously liable or against both the driver and the employer?
Q&As
PI & Clinical Negligence
Where a group litigation order has been made (in this case for the Volkswagen emissions litigation) can a potential claimant still bring their own separate claim or do they have to be part of the group litigation? If they have to join what is the deadline and process for doing so?
Q&As
Dispute Resolution
Where a sub-contractor has a number of unpaid invoices, can it commence a single adjudication in respect of all of them or would this constitute multiple disputes?
Q&As
Construction
Where a third party debt order is obtained, but the relevant frozen bank account does not have sufficient funds to pay the whole debt, can the third party debt order be used to satisfy just a part of the judgment debt?
Q&As
Dispute Resolution
Where an order for sale has been granted and the matter has been transferred for enforcement in the High Court, what application is required to obtain a writ of possession?
Q&As
Dispute Resolution
Where C informally lends money to D for repayment plus interest on a monthly basis over 12 months and D defaults on a monthly instalment due (of either principal and/or interest), is there any authority that provides that the whole outstanding sum (remaining capital plus any accrued interest) becomes immediately repayable?
Q&As
Dispute Resolution
Where client A is legally represented when concluding a settlement agreement, does this give rise to an inference that A must have understood the terms of the settlement? If A maintains that they did not understand the agreement when entering into it, what action can A now take vis-à-vis the settlement agreement and/or their legal advisers?
Q&As
Dispute Resolution
Where terms of settlement of a dispute have been agreed, including a term that the claimant will be applying for judgment but will not enforce it unless the defendant defaults, can the claimant apply for default judgment following failure by the defendant to file acknowledgement of service/defence?
Q&As
Dispute Resolution
Where the defendant fails to file a costs budget, does the claimant still need to file a budget discussion report and if so, how should this be completed?
Q&As
Dispute Resolution
Where the parties have agreed a buffer agreement pursuant to CPR 3.8 and the time agreed under that agreement has passed and the court’s permission has been received for a further extension are the parties able to enter into another buffer agreement by way of amendment to that court order? The court order does not refer to any specified consequences of a failure to comply.
Q&As
Dispute Resolution
Where there is a contractual agreement on the method of service, do the provisions in CPR 6.11 apply or do the provisions in CPR 6.7 apply given the mandatory wording in that rule?
Q&As
Dispute Resolution
Where trespassers occupy land for 10 years and then enter into a lease with the owner of the land, does that defeat any right they might have for an adverse possession claim which might have accrued before the lease was entered into? Would the answer be different if they vacated the property after 10 years?
Q&As
Property
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