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Leigh Callaway#713

Leigh Callaway

Fladgate

Leigh is a Senior Associate in the dispute resolution team at Fladgate LLP, specialising in commercial litigation, international arbitration and mediation.

He has a broad range of experience with a particular focus on banking and financial services litigation and civil fraud. Leigh’s practice also covers arbitration and more general commercial litigation work, often with an international element, including breach of contract, misrepresentation, warranty claims, and professional negligence.

Leigh is a co-founder and committee member of the Junior London Solicitors Litigation Association and the Commercial Litigation Associates Forum, and member of the Young Fraud Lawyers Association. He also writes regularly in the legal press, including the New Law Journal and the Solicitor’s Journal.

Contributed to

18

Dispute resolution—types of party
Dispute resolution—types of party
Practice notes

This Practice Note provides an overview of the types of parties which may become involved (whether as claimant or defendant) in litigation in England and Wales, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of party: corporations, partnerships, sole traders, unincorporated associations, children, insolvent individuals or companies, groups, the estate of a deceased party and litigants in person (also known as unrepresented litigants). It also considers the capacity of a party to litigate under the Mental Capacity Act 2005.

Draft Settlement agreement—for settling disputes post-commencement of proceedings
Draft Settlement agreement—for settling disputes post-commencement of proceedings
Precedents

This Precedent is a draft settlement agreement for use where proceedings have been issued and parties are settling the issued claims (or part thereof). It provides generic wording for such a settlement.

Draft Settlement agreement—pre-action settlement
Draft Settlement agreement—pre-action settlement
Precedents

This Precedent settlement agreement is for use in settling a claim or claims before proceedings have been issued. It provides a generic template for drafting a settlement agreement and may be adapted for execution by way of a deed.

Letter of claim in respect of proposed proceedings against a barrister for negligence
Letter of claim in respect of proposed proceedings against a barrister for negligence
Precedents

This Precedent is a draft letter of claim for use by a claimant in prospective professional negligence proceedings against a barrister for negligence, as required by the Pre-Action Protocol for Professional Negligence. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Letter of claim—against an accountant for breach of contract and, or alternatively, negligence in preparing accounts
Letter of claim—against an accountant for breach of contract and, or alternatively, negligence in preparing accounts
Precedents

This Precedent is a draft letter of claim for use by a claimant in prospective professional negligence proceedings against an accountant for breach of contract and, or alternatively, negligence in preparing accounts, as required by the Pre-Action Protocol for Professional Negligence claims. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Letter of claim—against an investment advisor for breach of contract and, or in the alternative, negligence in providing investment advice
Letter of claim—against an investment advisor for breach of contract and, or in the alternative, negligence in providing investment advice
Precedents

This Precedent is a draft letter of claim for use by a claimant in prospective professional negligence proceedings against an investment advisor for breach of contract and, or alternatively, negligence in providing investment advice, as required by the Pre-Action Protocol for Professional Negligence. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Letter of claim—negligent misrepresentation
Letter of claim—negligent misrepresentation
Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant seeking to bring a claim for rescission and/or damages for negligent misrepresentation.

Can a contract that has expired be reactivated by the parties agreeing to extend it? What would be the formalities for extending an expired contract and are there any time limits on reactivating the contract?
Can a contract that has expired be reactivated by the parties agreeing to extend it? What would be the formalities for extending an expired contract and are there any time limits on reactivating the contract?
Q&As
Can a solicitor acting on his own behalf and through his own firm, albeit without a signed retainer, claim costs? If so (1) What level of costs can be claimed? (2) Can pre-action costs be recovered even though proceedings were not commenced and even where no costs order has been agreed?
Can a solicitor acting on his own behalf and through his own firm, albeit without a signed retainer, claim costs? If so (1) What level of costs can be claimed? (2) Can pre-action costs be recovered even though proceedings were not commenced and even where no costs order has been agreed?
Q&As
Do I need to serve a notice of discontinuance if I have issued proceedings but not served?
Do I need to serve a notice of discontinuance if I have issued proceedings but not served?
Q&As
Do the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to Limited Companies as traders?
Do the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to Limited Companies as traders?
Q&As
How can you ascertain if directions which have been agreed by the parties post filing of a directions questionnaire have been approved by the court? Can a party to a multi-track claim request the other party to provide early disclosure, and on what basis?
How can you ascertain if directions which have been agreed by the parties post filing of a directions questionnaire have been approved by the court? Can a party to a multi-track claim request the other party to provide early disclosure, and on what basis?
Q&As
In a claim against an individual called A B Smith, if the claim is issued against and judgment obtained against the defendant in his name of ‘B Smith’, is there anything the claimant can do after judgment to change the name to A B Smith in the judgment? Would this be by way of amendment to the judgment or substitution of a party? Alternatively, if the claim was issued against A B Smith but by some clerical error the judgment was in the name of B Smith, how can the claimant seek to have the judgment corrected?
In a claim against an individual called A B Smith, if the claim is issued against and judgment obtained against the defendant in his name of ‘B Smith’, is there anything the claimant can do after judgment to change the name to A B Smith in the judgment? Would this be by way of amendment to the judgment or substitution of a party? Alternatively, if the claim was issued against A B Smith but by some clerical error the judgment was in the name of B Smith, how can the claimant seek to have the judgment corrected?
Q&As
Is security for costs available against a company prior to starting proceeding? Just because a company is based abroad in a non-convention state, is security for costs automatically granted?
Is security for costs available against a company prior to starting proceeding? Just because a company is based abroad in a non-convention state, is security for costs automatically granted?
Q&As
Where a claim has been settled under Part 36 but the paying party has failed to pay all monies due under the terms of the Part 36 settlement, how do you enter judgment for the outstanding sum?
Where a claim has been settled under Part 36 but the paying party has failed to pay all monies due under the terms of the Part 36 settlement, how do you enter judgment for the outstanding sum?
Q&As
Where a sole trader is selling a vehicle to a consumer in the normal course of business, to what extent can they limit liability?
Where a sole trader is selling a vehicle to a consumer in the normal course of business, to what extent can they limit liability?
Q&As
Where an individual judgment creditor (A), prior to taking action to enforce its judgment against the judgment debtor B (a limited company) discovers that the sole director and shareholder of B has resigned and subsequently set up a new limited company (C) trading out of B’s offices and carrying on the same business as B, can A seek to enforce against C the judgment it has obtained against B? It is assumed that the actions in setting up C have been carried out as a means of B avoiding an effective enforcement against B.
Where an individual judgment creditor (A), prior to taking action to enforce its judgment against the judgment debtor B (a limited company) discovers that the sole director and shareholder of B has resigned and subsequently set up a new limited company (C) trading out of B’s offices and carrying on the same business as B, can A seek to enforce against C the judgment it has obtained against B? It is assumed that the actions in setting up C have been carried out as a means of B avoiding an effective enforcement against B.
Q&As
Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date?
Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date?
Q&As

Practice Areas

Panels

  • Contributing Author
  • Q&A Panel
  • Specialist Panel

Qualified Year

  • 2009

Membership

  • Young Fraud Lawyers Association
  • London Solicitors Litigation Association
  • Junior London Solicitors Litigation Association
  • Commercial Litigation Associates Forum

Qualification

  • Solicitor of the Senior Courts of England and Wales
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