Samantha Fairweather, director of Fairweather Construction Ltd, has been banned for eight years after taking over £300,000 in deposits for unfinished home improvement projects while her company faced insolvency. The ban, enforced by the Insolvency Service, prevents her from company management until 2032.

The number of company insolvencies in July was higher than any month during the Covid pandemic, according to the latest figures from the Insolvency Service. After seasonal adjustment, the number of registered company insolvencies in England and Wales in July 2024 was 2,191. That was 16% higher than the same month in.....

A total of £280 million is to be returned to creditors of the Thomas Cook group of companies, which went into liquidation in 2019. The Official Receiver has spent the last four years exploring ways to realise all available assets including the sale of airport slots, hotel investments and high street stores, which were owned across.....

As per the Chancellor’s Spring Budget, the £90 fee for Debt Relief Orders has now been removed, and from June, the debt limit will rise from £30,000 to £50,000, and the vehicle value limit from £2,000 to £4,000. These updates aim to make DROs more accessible for those in financial distress....

The number of compulsory company liquidations soared by 66% in the year to January, according to the latest figures from the Insolvency Service. The number of all company insolvencies was 5% higher than the number in January 2023.....

In the case of Smith and Another v Royal Bank of Scotland [2023] UKSC 34, the Supreme Court has reversed the Court of Appeal's decision, rejecting RBS's limitation argument. This case has significant implications for clients of Judge & Priestley Credit Solutions. Two claimants brought separate cases under the Consumer Credit Act, alleging an....

In big news for small business owners, the Government is set to roll out a comprehensive set of measures aimed at tackling the perennial issue of late payments. The upcoming Prompt Payment & Cash Flow Review comprises game-changing policies designed to enhance enforcement and delivery, ensuring more small businesses get paid on time....

We are all very familiar with the overriding objective of the Civil Procedure Rules 1998, as can be found in part 1, which requires the parties of each claim, amongst other things, to utilise the use of Alternative Dispute Resolution (“ADR”) and attempt to settle the matter at every opportunity. We are also familiar with the Court’s ability under Civil Procedure Rule 44.2 to consider the parties’ attempts to settle the matter when discussing...

The Court of Appeal considered the enforceability of a contractual ADR procedure in Kajima Construction Europe (UK) Ltd and another v Children's Ark Partnership Ltd [2023] EWCA Civ 292. The court found that an ADR clause was unenforceable due to its ambiguity, and that an order for a stay was not a default remedy, but rather the usual order made where there has been a breach of an ADR clause. The case serves as a reminder of the...

The ruling in the case of Little v Bloomsbury Law Solicitors [2022] 11 WLUK 351 on 23 November 2022 is significant for legal practitioners as it serves as a stark reminder as to the importance of complying with Court deadlines. Failure to comply or meet deadlines imposed by the directions set out in Court Orders is usually and almost certainly detrimental to one’s case, and often can prove to be fatal to those proceedings.

There may be doubt as to where to serve a debtor in the event that the debtor is an “individual trading as” and has not provided an address.  In the recent decision in Ellison Road Ltd v Mian (t/a HKH Kenwright and Cox Solicitors) [2023] EWHC 375 (Ch) (28 February 2023) some clarity has been provided.

In good news to creditors seeking enforcement of a debt against an individual, the recent Court of Appeal case of Bacci and others v Green [2022] EWCA Civ 1393, [2022] All ER (D) 75 (Oct) demonstrates how much the Court is prepared to assist judgement creditors in enforcement of judgement debts against pension funds. 

Within the recent appeal of Mabrouk v Murray [2022] EWCA Civ 960, the three-limb test as contained within CPR 39.3(3) was considered once again and serves to be a timely reminder of the strict approach the court can take when a party attempts to turn back time.

The Government published its well anticipated Autumn Statement today. There is plenty to digest but one stand out point for many Local Authorities is confirmation that the Cap on Care Cost, which was set to begin from October 2023 will now be delayed for a further 2 years until October 2025. For many Local Authorities this delay will be welcome news...

If a Creditor intends to rely on non-payment of a Statutory Demand as evidence of a Debtor’s insolvency when presenting a Petition, then it is important for the Creditor to serve the statutory demand correctly and evidence such service.

When a case is allocated to the small claims track, i.e., the amount in dispute is below £10,000, the parties are usually encouraged to avoid going to trial and consider settlement. This avenue minimises solicitors’ costs and avoids the payment of a counsel fee.

More and more legal professionals are now relying on email correspondence to exchange and serve legal documents in ongoing or current proceedings. However, it is crucial to take into account whether electronic service was successful and done in accordance with the Civil Procedure Rules (or "CPR"). Failure to comply with the rules can be detrimental to your case.

What happens if a service user gives away their assets, which the Local Authority has already taken into account to cover that person’s adult social care expenses, with the intention of avoiding paying for their own subsistence? There is a predisposition in people to inherently worry about what happens to their loved ones when they sadly pass away.

The Legal 500 UK Solicitors 2023 rankings – the leading guide to law firms and solicitors in the UK, was published last night, and Judge & Priestley is delighted to announce another year of successful results. We have retained our positions in three categories and been ranked for the first time in three additional listings. 

The recent High Court judgment in C. v Richmond Borough Council (2022) raised relevant considerations  in relation to applications to set aside default judgments:

• In addition to the criteria set out in Civil Procedure Rule 13.3, should the Court also consider the three-part Denton test for relief from sanctions?  
• What approach should the Court take when faced with the Defendant’s possibly irrefutable defence weighed against its procedural errors?

Any litigator will know the importance of keeping to Court deadlines which are set out in Court orders or the CPR. Indeed, CPR 1.1(2)(f) provides that the Civil Procedure Rules is a procedural code with the overriding objective to enable the Court to deal with cases justly and at appropriate costs, to include ‘…enforcing compliance with rules, practice directions...

The one thing that Small and Medium Enterprises (SME’s) are going to need to get through this latest crisis is a proper grip on their cash flow. It has never been as critical to ensure every penny of revenue SME’s earn is collected in a timely fashion. On 26 August 2022, Ofgem announced the expected increase to the Energy Price Cap. The current cap of...

A recent High Court judgement means that the three-stage test introduced in the case of  Denton v White [2014] for relief from sanction, has now been extended to cover Defendants wanting to make application to set aside default judgment.The court can impose sanctions on parties of a claim who fail to comply with orders and/or directions given by the court....

One of the most provided dispute resolution tools for claims under £10,000, allocated in the small claims track, is the option of a free mediation service. The current process remains that parties are able to choose whether they would like to opt in for free mediation during the process of the claim. Drawn from the internal HMCTS system, it is estimated that...

Creditors will be pleased to learn of the recent ruling in Chelfat v Hutchison 3G UK Ltd [2002] EWCA Civ 455 where the Court of Appeal held that the County Court Money Claims Centre (CCMCC) was not entitled to refuse to issue a claim form, because the Claimant had failed to complete a Form N510....

Creditors often commence county court action against a Debtor and obtain Judgment with little deliberation as to how they will recover the Judgment. If a Judgment Debtor does not pay voluntarily, then the Judgment Creditor is left in a situation whereby they must take further action (enforcement) to recover the Judgment. Before commencing...

Section 37(1) of the Senior Courts Act 1981 says that : The High Court may by order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the court to be just and convenient to do so. The High Court has in the case of Lindsay v O'Loughnane [2022] EWHC 1829 (QB) held that a debtor be required to give...

This case related to a new property development built by a local authority (LA). The property comprised of a mixture of long leasehold sales and social housing tenancies.To assist in the management of this new block, the LA appointed a managing agent to deal with the servicing of the block and the collection of service charges for the services...

The case of Emery Planning Partnership Ltd v Bevan [2022] EWHC 494 (QB) provides a helpful insight into the approach taken by the Court towards the failure by a Claimant to evidence a debt claim and is a stern reminder for Claimant’s to properly evidence sums due.By way of background, the Claimant provided planning services to the Defendant...

When a service user has been assessed as requiring care, the family or the service user themselves, must be allowed to choose which home they prefer. If the cost of the preferred home is greater than the local authority would usually expect to pay, it can be agreed that the extra cost is paid via ‘top up’ payments.In a recent Local Government and Social...

The High Court recently, in the unreported case of Ion Science Ltd and Duncan Johns v Persons Unknown (22 January 2022) handed down a decision to award a final third party debt order in favour of the applicant in those proceedings. What makes this case particularly interesting is that it is quite possibly the first Order of its kind within this...

The ending of the temporary measures introduced by the Corporate Insolvency and Governance Act 2020 is likely to have a huge impact on businesses of all sizes, but particularly SMEs within specific service sectors who are facing further difficulties now because of the economic climate we find ourselves in. For those businesses there...

Section 5 of the Limitation Act 1980 states that an action founded on a simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued, but when does the cause of action accrue? In Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWHC 461 (Comm)...

The current position in respect of the recovery of costs in debt claims valued at £10,000 or more is that parties are able to recover their actual cost (i.e. the actual amount they have paid to their lawyer in order to conduct the claim) from each other, subject to rules on reasonableness and proportionality. For better or for worse, that position is set to...

The Covid-19 pandemic had a significant impact on the entire country, to include the full gambit of commercial enterprises from large corporate entities to SME’s and micro businesses. The various restrictions imposed throughout the pandemic led to many businesses being forced to close, or their businesses suffering from disruptions...

Whilst it is rare for a defence which has (on its face) been carefully pleaded by counsel and cross checked by instructing solicitors to contain an admission made in error, it does happen. When it does, the likely next step is to seek to seek amendment and/or withdrawal of the admission....

A question which often arises is whether an auto-renewal clause is enforceable. Such clause is also sometimes referred to as an evergreen clause. Typically, an auto-renewal/evergreen clause might take the following form: "Each Term shall automatically renew for subsequent period of the same length as the initial Term unless either party gives the other written notice of...

All litigation lawyers will advise their clients in respect of costs at the outset of proceedings. That advice will most likely be that the loser generally pays the winner’s costs. Indeed, the typical line is ‘…if you are successful in this matter, it is likely that [the other side] will be ordered to pay your reasonable and proportionate costs…’ This is, after all, enshrined in CPR 44.2(2) which says...

This current campaign highlights the benefits to SME businesses of letting the specialist professionals at J&P solve the problems of recovering their outstanding debts, whilst they focus on the day-to-day business of running their company.....

It is common between spouses or partners to own land together. If they are beneficial joint tenants and one of the owners passes away, the rule of survivorship means that from the moment of death, the other joint owner is left as the sole owner of the property. The property automatically passes and does not form part of the deceased’s estate. This means that the asset which was previously available to the deceased’s creditors is....

The late payment problem is getting worse and is now threatening to destroy thousands of small businesses, according to a survey carried out by the Federation of Small Businesses (FSB).The study of more than 1,200 business owners found that one in three businesses (30%) have seen late payment of invoices increase over the last three months, with a further 8% experiencing other forms of poor payment practice.As a result, nearly....

The recent decision in ECU Group Plc v HSBC Bank UK Plc [2021] EWHC 2875 (Comm) is a stark reminder of the possible implications of delaying a claim. The Limitation Act 1980 (‘LA 1980’) sets out the limitation periods for different causes of action. The limitation period varies for the principal type of claim brought.  Section 5 of the LA 1980 provides that the limitation period is 6 years for simple contract claims and section 2 for certain actions...

A rise in the number of creditors taking court action to recover debts has led to fears of a surge in insolvencies in the New Year. There were 21,764 County Court Judgments lodged against companies in the three months to the end of September – a rise of 51% on the previous quarter. Between July and September, 155 companies went into administration or receivership, up 26% on the previous quarter. The construction and energy sectors....

Judge & Priestley LLP, the fast-growing South-East London solicitors practice, based in Bromley, is pleased to announce the promotion of two solicitors to Associate. Frances Boxall and Leonie-Robyn Murtagh both work for Judge & Priestley Credit Solutions, the specialist debt recovery and commercial litigation division of the practice. 

More than 1,400 firms ceased trading in September as insolvency figures reached their highest level since March 2020. Finance experts fear there is worse to come as the furlough scheme and other government support for businesses come to an end. Some of the smaller energy suppliers were among the 1,446 companies to go bust in September – a 7.2% increase on August. Other firms, like the chilled food delivery business EVCL....

Judge & Priestley LLP, the Bromley based solicitors’ practice, is proud to announce that it has retained its recommendation as a Top-Tier firm for Debt Recovery in the 2022 edition of the prestigious Legal 500 awards.J&P Credit Solutions (J&P C S), the specialist debt recovery division of Judge & Priestley LLP, had been rising through the Legal 500...

On 7 September 2021 the Government announced its long awaited plans for the reform of the Adult Social Care System. The need for reform is undoubted and the Covid-19 crisis has only served to place more strain and pressure on a sector which arguably has been on the brink for several years. The pandemic has shone a light on this vital sector and highlighted the often superhuman effort made by care workers delivering at the front line....

On 4 May 2021, the UK legal sector suffered a major setback; the EU Commission officially recommended that European Union (EU) Member States should not give consent for the UK to re-join the Lugano Convention. The Commission were of the view that as the UK voluntary chose to opt out of the European Economic Area and the European Free Trade Association, (EFTA) then...

The pivotal case of  Masterman-Lister v Brutton and Co [2002] EWCA  remains one of the fundamental precedents referred to in considering mental capacity in litigation. In the case of Masterman it was stated that “ English Law requires that a person must have the necessary mental capacity if he is to do a legally effective act or make a legally effective decision for himself....

The newly appointed Small Business Commissioner is to spearhead a national effort to crack down on late payment of invoices – which cause thousands of small businesses to close every year. Former journalist Liz Barclay will be the first woman to hold the position, which was created in 2016 to help small businesses secure....

The High Court has clarified the issues involved when a company wished to invoke the ‘Covid-19 restriction’ to prevent being subjected to a winding-up order. It said that under the Corporate Insolvency and Governance Act 2020 (the Act), the company did not have to show that the pandemic had had a direct financial effect upon it; as an....

On 10 May 2021 in his Speech to the Civil Justice Conference, Sir Julian Flaux, Chancellor of the High Court, presented an informative insight in relation to the challenges faced in litigation in the Business and Property Courts during the global pandemic. That same day, The Right Hon. Sir Geoffrey Vos, Master of the Rolls, gave.....

2016 saw a significant hike in the court fees payable for commercial litigation particularly with regards to claims issued for the recovery of monetary sums. The one point of note from that update, however, was that Claimants and Applicants were offered a discount for issuing claims and applications electronically...

A company has been granted a worldwide freezing order on the assets of a debtor who had put forward a “concocted case at trial”.The case involved GML International Ltd & Others v Harfield (2020). GML and the other claimants had brought proceedings to recover significant sums of money paid to Harfield...

The government is strengthening the Prompt Payment Code to ensure large companies pay small businesses on time. Companies that have signed up to the code will be obliged to pay invoices within 30 days - half the time outlined under the current agreement...

Judge & Priestley, is proud to announce that it has retained its recommendation as a Top-Tier firm for Debt Recovery in the 2021 edition of the prestigious Legal 500 awards.

As a consequence of the government advice provided on 23 March 2020 which encourages all of us to stay at home and limit even travel to work. We have elected to close all of our offices, but our staff will continue to work from home.

The Coronavirus pandemic has presented an unprecedented challenge to the provision of core public services and unsurprisingly has had a significant impact on the hearings in civil proceedings that are traditionally conducted face to face. 

It is common knowledge and, indeed settled case law, that a lawfully incorporated company has a ‘separate legal personality’ from its shareholders and directors, as set down by the House of Lords in Saloman v Saloman [1896]. 

Company directors should be held responsible for late payment of invoices, according to a survey of supply chain managers.The research, carried out by the Chartered Institute of Procurement & Supply, found that seven out of 10 respondents believed there should be independent oversight and stronger penalties to prevent businesses abusing their suppliers...

As can be the case, creditors may not have just one judgment against a debtor. It can be that there are complicated matters with multiple judgments. It therefore can be difficult to know where to allocate payments. This article considers where there is a judgment for an old debt and current proceedings for a new debt...

Businesses across different sectors are urging the new government to end late payment practices that are crippling many small companies.They say the existing Prompt Payment Code isn’t working and fear a surge in company insolvencies if no action is taken...

The winding up procedure should generally be considered a last resort for Creditors; but with the threat or commencement of winding up proceedings, comes a significant amount of pressure for a company to pay their outstanding debt. This has resulted in the winding up procedure becoming an increasingly popular method of debt enforcement....

A vehicle leasing company has won its claim to recover more than £560,000 in unpaid invoices following a dispute with a customer.The case involved Venson Automotive Solutions Ltd v Morrisons Facilities Services Ltd.

A matter that seems somewhat pervasive between most individuals is debt. Whether it is paying off student loans, monthly repayments on a mortgage or the generic and unavoidable council tax and utility bill, debt is something we all have in common. Debt becomes problematic when an individual.....

New rules that mean large companies could lose lucrative government business if they don’t pay their suppliers on time have now come into force.The rules, effective from 1 September, mean companies must pay 95% of their invoices within 60 days or run the risk of losing out on major government contracts.....

The Civil Procedure Rules (‘CPR’) tell us, from the outset at rule 1.1, that “the overriding objective of the Civil Courts in England and Wales is to deal with cases justly and at proportionate cost”. All parties must adhere to the overriding objective. Simply, parties should avoid judicial adjudication.....

A loophole that enables large companies to avoid revealing how long it takes them to pay their suppliers has made the law not fit for purpose, according to the employers’ group, the Forum of Private Business (FPB). Large companies have a duty to report how long it takes to pay their suppliers at least twice a year......

Judge & Priestley LLP, the Bromley based solicitors practice, has been recommended as a top-tier firm for Debt Recovery in the 2020 edition of the prestigious Legal 500 awards. J&P Credit Solutions (J&P C S), the specialist debt recovery division of Judge & Priestley LLP, has been rising up the Legal 500 rankings in recent years and was promoted to the top tier for 2020......

In the matter of Clements Smith v Berrymans Lace Mawer Service Company and another [2019] EWHC 1904 (QB) (18 July 2019), the High Court has considered the issues about the interpretation of CPR 12, 13 and 3 and the well-known Denton principles in cases to set aside judgment.....

Rachel Addai, partner and joint head of J&P Credit Solutions ran a successful, animated and highly inter-active Q&A session at the July meeting of LSECC in Brighton. The London and South East Credit Circle is a non-profit networking group, set up for Local Authority staff responsible for collection of various different debt....

The government is planning to ease the cash flow burden on small firms by making the boards of large companies accountable for late payments to suppliers.

Corporate insolvencies continue to rise with companies struggling to cope with falling consumer confidence and Brexit uncertainty.

The Planning Act 2008 introduced a planning charge known as the Community Infrastructure Levy (“CIL”).  On 6 April 2010 the Community Infrastructure Regulations 2010 (SI 2010/948) came into force and these regulations have since been amended.

The government has written to 10,000 businesses to warn them they must pay their suppliers on time or risk being barred from winning public contracts. Officials from the Cabinet Office have written to the businesses - which include all the government’s current strategic suppliers - to remind them of the new rules on prompt payment, which come into force this autumn....

A Circuit Judge sitting in the Central London County Court has allowed an appeal made by the Defendant Insurer, Aviva Insurance, to strike out the whole of the claim following a finding of fundamental dishonesty in a personal injury claim.  

More often than not when a debtor passes away, someone has handled the assets of the deceased, predominately by closing bank accounts or selling assets. By doing so, they have become an intermeddler or an executor de son tort, meaning an executor in their own wrongdoing.

Force Majeure – contractual frustration clauses v exclusion of liability for breach of contract

A sole trader has won a long running battle against a bankruptcy order after his business got into difficulties due to a cash flow crisis. The trader, Mr Rafferty, bought and sold packaging...

The number of corporate insolvencies fell by 12% in the second quarter of this year, according to the Insolvency Service. While the figures are to be welcomed as a much needed...

On the 12th August 2018, J&P Credit Solutions Claims Handler Gary Owens along with 32 explorer scouts left the United Kingdom to undertake a two week long expedition to Kenya...

The late payment epidermic is not going anywhere anytime soon and making mistakes on invoices will only delay any anticipated payments. This blog will outline five common invoicing...

A quarter of UK companies say they've suffered a hit to their cash flow and longer-term finances because of the insolvency of a customer over the last six months. The research by the...

In a rarely tested area of motor insurance law J&P successfully argued that despite obtaining a declaration that an insurance policy was void, the defendant insurer was held liable...

Nick Krauspe joined J&P Credit Solutions in January 2018 and has worked within the collections industry for the past 11 years. He has a considerable amount of experience and knowledge with...

Following Although the vast majority of actions taken for repossession can be resolved between the parties, sadly that is not always the case. Having made a last minute application to...

The Federation of Small Businesses has called on the UK’s leading companies to address the issue of late payments. FSB Chairman Mike Cherry sent a letter to the leaders of  FTSE...

In a recent High Court case, before Master Bowles, the court reiterated the importance of understanding the intention of the parties when considering the implication and effect of...

A matter that seems somewhat pervasive between most individuals is debt. Whether it is paying off student loans, monthly repayments on a mortgage or the generic...

Following the demise of Enterprise Insurance plc in October 2016, we find ourselves in a similar position. On the 8th May 2018 it was announced that Alpha Insurance has been...

Team Judge & Priestley were excited to participate in the annual 10km London Legal Walk on the 21st May 2018. This charity event features a sponsored walk in and around London...

The month of May sees two significant developments for the legal team at J&P Credit Solutions. The first is the well-deserved promotion of long standing team member Uday Patel from...

As of May 2018, Judge & Priestley Solicitors have annouced the promotion of Associates Brian Tan, Uday Patel and Louise Hyland to Partners. Speaking about the promotions Steven Taylor...

Uday Patel joined Judge & Priestley in 2010 and qualified in 2013. Since then, Uday has been working as Litigation Solicitor and has considerable experience and knowledge of dealing with...

Ahead of the Government's Spring Statement, Chairman of the Federation of Small Businesses Mike Cherry revealed, "our late payment crisis causes the closure of an estimated 50,000...

J&P solicitors recent announcement of Financial Conduct Authority authorisation, in addition to its traditional authorisation and regulation by the Solicitors Regulation Authority, is a further...

Judge & Priestley LLP, the South East London based solicitors practice, is delighted to annouce that it has recently gained Financial Conduct Authority (FCA) authorisation. This comes in...

There's been a rise in the number of firms experiencing financial difficulties as the rate of business growth slows to its lowest level in four years. Research by the insolvency and restructuring trade...

The Care Act 2014 came into force in 1 April 2015 and brought in significant changes in how adult social care and support is dealt with. Local Authorities across the country have grappled with...

Judge & Priestley recently hosted a seminar at the Law Society in London, for local authority employees involved in ASC, to review the challenges for debt recovery in this complex area post the...