header-logo header-logo

21 March 2025
Issue: 8109 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 21 March 2025

Costs

MBS Recovery Ltd v Quinney [2025] EWHC 546 (Ch)

This was an appeal before the Chancery Division against an order setting aside two statutory demands issued by the appellant in relation to proceedings between the parties before the Business and Property Courts. The court dismissed the appeal, finding that ICC Judge Burton was correct to set aside the statutory demands as they did not relate to a certain and ascertained sum of money and were insufficiently clear. The court found that the judge was exercising her insolvency jurisdiction under the Insolvency Act 1986 and Insolvency Rules 2016, not her case management powers under the Civil Procedure Rules.


Disclosure

Mornington 2000 Llp (t/a Sterilab Services) and another company v Secretary of State for Health and Social Care [2025] EWHC 540 (TCC)

This was an application by the claimants for a declaration that an audit report commissioned by the defendant and created during without prejudice negotiations, together with associated documents, do not benefit from the protection of the without prejudice

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll