Miles Herman is a clever, understated lawyer who is at the top of his game.
On receipt of a Claim Form, known as “service” signalling a plaintiff has raised on action against them, a defendant has the option of admitting the basis of the claim or defending it in whole or in part.
A defendant who wishes to defend the claim against them, either in whole or in part, must file their defence within 14 days of receipt of service. If they are unable to file a defence within this window, they must file an acknowledgment of service, after which they have another 28 days to file their defence.
If the defendant wishes to admit the claim alleged against them, either in whole or in part, they must file an admission.
In accordance with the Civil Procedure Rules, once an admission has been filed, the claimant obtains a right to enter judgment against them. The defendant can request a time period in which to pay the sums claimed. An admission can only be subsequently withdrawn with permission of the court.
If the defendant fails to file a defence, the claimant may be able to obtain a default judgment against them. A default judgement can be set aside if the defendant is able to successfully claim they were unaware of proceedings.
If a defendant wishes to make a counterclaim against the plaintiff, they must either file it alongside their defence or seek permission from the court if the time period for filing defences has expired. Where a counterclaim is sought against a party other than the plaintiff, they must seek leave from the court to have that party added to the case.
If the defendant believes the plaintiff’s claim filed has “no real prospect of success”, they may file for summary judgement. The test determined by the court is whether there is a chance the plaintiff’s claim would succeed, and the burden of proof rests with the defendant to show otherwise. The plaintiff must submit evidence supporting the viability of their defence no less than seven days prior to the summary judgement hearing.
The effect of a successful summary judgment is the plaintiff’s claim is struck out without proceeding to a full trial.
During the case management process, the court holds a hearing to consider the issues in dispute and whether or not the parties are better served by entering Alternative Dispute Resolution (ADR). The court will also determine a timeline for the case to proceed and set the rules for disclosure of evidence.
Lewis Nedas Law holds over 40 years of corporate litigation experience with both domestic and international clients in a broad range of matters, from preliminary trial proceedings through to post-trial.
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Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.