When a party wishes to appeal a decision, it will usually need permission to appeal before the appeal court can hear the appeal in accordance with the Civil Procedure Rules (“CPR”) Part 52.3. Despite the distinction between the two stages – permission to appeal and the appeal itself – courts often order that the appeal… Learn more
Karen joined Matthew Arnold & Baldwin in June 2009. She is an expert on the Civil Procedure Rules (“CPR”). Karen delivers extensive training sessions on the CPR and banking related matters. She edits the firm’s Banking and Finance Upload and is responsible for creating and developing the banking litigation precedents.
She has handled numerous banking related litigation in the High Court and County Court on a wide range of issues including professional negligence.
Prior to joining the firm, she was a senior professional support lawyer at DLA Piper for 12 years. She was also an associate solicitor in DLA Piper’s finance litigation department and an assistant solicitor at Denton Wilde Sapte.
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A new pilot scheme managed by CEDR (Centre for Dispute Resolution) for certain Court of Appeal cases has been launched. The pilot applies to all personal injury and contract claims up to the value of £100,000 for which permission to appeal is sought and obtained (or adjourned). Unless a judge exceptionally directs otherwise, the parties in… Learn more
This is yet a further case on Part 36 and the perils of not complying strictly with its provisions. On 6 April 2007, Part 36 was completely rewritten. In this case when the claimant put forward their purported Part 36 letter it appeared that they did so with the old rules in mind although the… Learn more
This case considered whether to decline to make an interim charging order final if the effect would be to give one creditor priority in enforcing its judgment against other defendants. Unusually there was no statutory insolvency scheme applicable because the defendants although insolvent were not domiciled or incorporated within the English jurisdiction and so the… Learn more
There has been some uncertainty surrounding Part 36 of the Civil Procedure Rules, but there have been two recent developments, which should ease any ambiguity. The first development is the recent Court of Appeal decision C v D  EWCA Civ 646. The issue here was whether an offer made in accordance with Part 36… Learn more
The Claimant applied for permission to serve the Claim Form out of the jurisdiction by alternative means. The First Defendant operates the website www.wordpress.com, the Second Defendant runs the Wikipedia website and the Third Defendant is the publisher of the Denver Post newspaper. The main claim was that numerous articles were posted on websites and… Learn more
The European Commission has published proposal for a directive on credit agreements relating to residential property. Please see link. http://ec.europa.eu/internal_market/finservices-retail/docs/credit/mortgage/com_2011_142_en.pdf The proposal covers all loans to consumers to buy a home as well as certain loans to consumers to renovate a home. It also covers credit intermediaries. The proposed directive includes measures relating to: Advertising… Learn more
The court was asked here to determine preliminary issues in 9 test cases concerning the controversial sale and lease back schemes. These schemes enabled the occupiers of property to sell their property to a purchaser who was assumed to be North East Property Buyers (“NEPB”). NEPB borrowed funds from various lenders and has defaulted on… Learn more
A creditor obtained a charging order over a property based on a judgment in which a company had been ordered to pay £11,500 in costs. In addition, the company had been ordered to pay into court the sum of £30,000 and if it failed to do so, it would be prevented from defending the claims… Learn more
This recent case considered whether a person who had an overriding interest can be taken to have authorised a charge and so be bound by it. Mrs Qutb had suffered from Alzheimer’s disease for a number of years. In 2001, she sold her property to Mr Hussain. Mr Hussain entered into a charge in favour… Learn more