Inside a High-Value Claim
Achieving a £1.3 million judgment just 13 months after issuing proceedings might sound ambitious. But with a cohesive team, disciplined tactics, and a commercial mindset, it is achievable - as a recent case demonstrates.
Good fortune helped at points. Chief ICC Judge Briggs approved our comprehensive but tightly framed directions order at the first (and only) interim hearing. We were similarly fortunate that the Insolvency and Companies Court could list a 1.5-day trial only eight months later.
But the real drivers of outcome and quantum were planning, preparation, and collaboration. And at the outset, the case simply could not have progressed without Manolete’s finance. By acquiring the claims from the company and its joint liquidators, Manolete ensured that costs for solicitors, counsel and the £10,000 court issue fee were no barrier - allowing the case to move forward on its merits.
Clear Evidence, Built Through Teamwork
The quality of the statements of case owed much to the joint liquidators, in particular a manager whose work was pivotal. Their detailed analysis of the management accounts, payroll, and bank statements enabled us to dismantle the defendant’s attempts to justify credits to the director’s loan account - including alleged salary entitlements, third-party receipts and purported company expenditure. This meticulous input ensured the documentary record spoke for itself, with the added benefit that the joint liquidators were not required for cross-examination at trial.
Counsel also provided key strategic input, including recommending a notice to prove the authenticity of a document central to the defendant’s case - a hurdle the defendant ultimately could not overcome.
Part 36: A Missed Opportunity With Heavy Consequences
The defendant declined to engage in settlement at a sensible level from the outset, including at mediation. Manolete’s well-judged and well-timed Part 36 offer gave the defendant a clear route to certainty and reduced exposure. Declining it proved costly: the trial loss was followed by additional compensation based on the headline claim value, indemnity costs and enhanced interest. For Manolete and the insolvent estate, these consequences significantly increased recoveries.
A Commercial Approach That Delivers
Not every case will progress at this pace - trial length and court listing pressures vary widely across regions. But Manolete’s Associate Directors across the UK are well-versed in the tactics, tempo and commercial discipline required to drive high-value claims efficiently to conclusion. Most cases settle long before trial, and always with the core objective in mind: maximising returns for the insolvent estate.
Jean Boldero, Associate Director (North West)