The perils of Part 36
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...
Associate
Karen Jacobs
01923 206620
karen.jacobs@mablaw.com
Karen joined Matthew Arnold & Baldwin LLP 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 Bulletin 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 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 also was an associate solicitor in DLA Piper’s finance litigation department and an assistant solicitor at Denton Wilde Sapte.
Latest news and views from Karen Jacobs
RSSCharging orders and competing creditors
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...
Part 36 – certainty at last
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...
Can you serve proceedings out of the jurisdiction by alternative means?
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...
The Directive on credit agreements relating to residential property
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...
Sale and leaseback schemes
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...
Charging orders
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...
Overriding interests
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...
The impact of settling a case in a multi-party situation
What happens if you reach a settlement with one party, but not others?
In this case, Chelsea Building Society had repossessed and then sold a property, but then wished to pursue the mortgagors for...
The ability to marshall
Where one debtor owes different debts to two or more creditors, but one of the creditors can enforce its claim against more than one security and the other can only resort to one, the equitable principle...
