Article published on effect of settlement offers in non-money claims

A recent Court of Appeal decision provides useful guidance on how the court will determine the effect of a “without prejudice save as to costs” (or Calderbank) offer in a non-money claim: Coward v Phaestos Limited and others [2014] EWCA Civ 1256. In such a claim, the court cannot simply compare the total amount offered … Read more

New EU Regulation establishing European Account Preservation Order procedure

A new EU Regulation will come into force tomorrow establishing a European Account Preservation Order (EAPO) procedure to facilitate cross-border debt recovery in civil and commercial matters (Regulation (EU) 655/2014). The main provisions will not however apply until January 2017. Under the new procedure, a creditor will be able to obtain an EAPO which effectively … Read more

Supreme Court finds trustee fraud exception under Limitation Act does not apply to claims for dishonest assistance / knowing receipt

Often, a substantial time may have passed before a beneficiary becomes aware of a fraudulent breach of trust. Even when the fraud has been discovered, there may be a number of reasons why the beneficiary decides to delay in commencing proceedings. When considering claims against third parties to a fraudulent breach of trust, however, beneficiaries will … Read more