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Barristers Tag

Madison Legal > Posts tagged "Barristers"

How Long Do You Stay On The Insolvency Register?

Commercial litigation - Madison Legal

Insolvency can be an extremely challenging situation for an individual, both financially and emotionally. While there are steps one can take to manage debt and recover from insolvency such as an individual voluntary arrangement or declaring bankruptcy, personal insolvency solutions such as these are a matter of public record. When declared insolvent, a person’s details are added to the Insolvency Register. Note, in Scotland one is added to the Register of Insolvencies while in Northern Ireland you have the Individual Voluntary Arrangement Register. Although these databases are accessible to all, including credit reference agencies, an individual does not remain on the insolvency register...

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HMRC Bounce Back Loan investigation

HMRC Bounce Back Loan investigation

Introduced by the government in April 2020, the Bounce Back Loan Scheme (BBLS) provided rapid access to finance for small businesses affected by the coronavirus pandemic. Through the scheme, SMEs could borrow between £2,000 and 25% of their turnover, up to a maximum of £50,000. While businesses took advantage of the BBLS, it wasn’t without controversy. In June 2021, it was revealed that basic fraud checks were disregarded in the rush to ensure vulnerable businesses were protected at the start of the pandemic. As a result, the scheme was open to fraud, defaults, and error. Nearly half of the loans taken...

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​​Will I lose my home if I go bankrupt? – Declaring bankruptcy

​​Will I lose my home if I go bankrupt?

​​Will I lose my home if I go bankrupt? Declaring bankruptcy will affect your home in different ways, depending on whether you rent or own it. This area can be complex, so before you consider bankruptcy, read both the advice below and our main bankruptcy advice page. Call our advice team if you need further help or if your home does not fit into one of these categories. Declaring bankruptcy Advantages of bankruptcy The money you owe can be written off Any court action relating to your debts can be called off You may be able to keep some belongings and have a reasonable...

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Will, Trust And Probate Dispute Solicitors

Will, Trust And Probate Dispute Solicitors

The death of a loved one is always a distressing time. The stress of the situation can be increased further when the Will is challenged or claims are made against the estate. When a person dies, their estate will be dealt with as detailed in their Will, or under the rules of intestacy if a Will does not exist. If you do not believe that a Will expresses an individual’s true wishes (for example, because they may have been unduly influenced), or that a Will may be invalid as it wasn’t signed correctly or the person lacked capacity, you may have...

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What Is Alternative Dispute Resolution (ADR)?

What Is Alternative Dispute Resolution (ADR)?

Alternative dispute resolution (ADR) is a means of settling a dispute, conflict, or claim without courtroom litigation. Instead, the parties involved agree to use an ADR process such as mediation or arbitration. ADR has gained broad acceptance by the public and the legal profession. In the United Kingdom, anyone who doesn’t want to go to court over a civil (non-criminal) matter is free to choose ADR so long as all parties agree to it. When a lawsuit is pending, in some cases courts encourage or require the litigants to use ADR to help settle disputes more amicably and reduce the court...

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How do I claim for breach of contract?

How do I claim for breach of contract

A breach of contract can occur when a party to the contract fails to fulfil an obligation under an agreement or breaks the terms of the agreement. There are several legal hurdles to overcome in order to be successful in a breach of contract claim. What is a contract? A contract is a promise or an agreement between two or more parties that is legally binding. This promise can either be made expressly in writing or implied, which means it was communicated orally or by conduct. A contract arises when an offer is made to one party, which is then accepted by another. There must...

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What Is Civil Fraud?

WHAT IS CIVIL FRAUD?

Fraud can best be described as the deliberate or intentional use of misrepresentation, deception, or dishonesty to deprive, in order to make a gain or achieve an advantage for someone or something or to disadvantage or cause loss (usually financial) to another person or party. That said, it is not always necessary that a scenario which has, at its heart, elements of dishonesty, requires establishing actual dishonesty on the part of some or all of the protagonists in order to seek a civil remedy.   Fraud is defined differently depending on whether you are acting in a civil or criminal context, and...

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What is a Freezing Injunction?

What is a Freezing Injunction?

A freezing order/injunction is an interim measure granted by a court to prevent a person from being able to dispose of or deal with their assets before a judgement has been enforced. Nature of Freezing Order Freezing injunctions are used in domestic cases, however, this form of remedy has a higher importance in international commercial litigation. The reason is that international parties are generally more interested and have the ability to move assets between jurisdictions. The freezing injunction claim does not give any title to the frozen property, nor does it make the claimant entitled to any additional damages from the defendant if...

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Missing a Court deadline, What is next? – A practical summary

Missing a Court deadline, What is next? – A practical summary

This note will consider the importance of complying with Court directions and orders within proceedings and what to do if you missing a court deadline. It does not deal with any issues under the [Limitation Act 1980].  Directions – A timetable for trial   After the parties have served their claim, defend any reply they should try to agree directions. If the parties cannot agree on directions, it will be left to the Court to determine them at a short hearing known as a Costs and Case Management Conference (“CCMC”). The Court will also approve, or determine, the parties’ costs budgets at the...

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