The Pre-action Protocol for Debt Claims (“the Debt Protocol”) came into force on 1 October 2017. It applies to any debt claim where a business (including sole traders and public bodies) is seeking to recover payment of a debt from an individual debtor (including a sole trader).
You are here
Karen’s general litigation caseload sees her instructed regularly in matters that cover the range of the court hierarchy, from County Courts, the High Court and the Court of Appeal. In terms of subject-matter, these disputes have involved terms and conditions, the standard of works and services provided, disputes between directors and shareholders, contentious probate, ownership of goods, nuisance, professional negligence and contractual disputes.
Karen has had conduct of two matters that went before the Court of Appeal. One related to tree root nuisance, and the other to the setting aside of a freezing order.
She has particular expertise in conducting Landlord and Tenant litigation in the Leasehold Valuation Tribunal and County Courts. This includes acting for both landlords and tenants in issues such as the forfeiture of leases, injunctions, nuisance, recovery of service charges and rent, and possession work.
In the insolvency arena, Karen’s expertise applies to both personal and corporate insolvency, often acting for the Liquidator or Trustee in Bankruptcy. Her work in this field includes asset tracing, applications to set aside transactions at undervalue, advice on preferential payments, the compulsory winding up of companies and the issuing and defending of bankruptcy petitions.
Karen trained at Machins Solicitors before working at Wedlake Saint (now part of Penningtons LLP) before joining Bishop and Sewell LLP.
The recovery of money from a debtor is often a stressful process. In the current economic climate it presents a real possibility that the failure to recover such sums may result in severe consequences.
The recent high court case of Eatherley-v-London Borough of Camden and Another at the end of 2016 has made changes about whether planning permission is required for residential basement developments.