I was just thinking this week about the way in which my business clients ask for my help. Here are some examples from the last few days. Can I sign this contract? Should we embark on this joint venture with another company and how do...
Author: Keith Hardington
Why do you have terms of business? Why bother documenting your privacy policy on your website? Why bother recording any kind of contract terms? I practice commercial law and therefore in learning about my clients’ businesses and their objectives when instructing me. I also practice commercial...
If you have made the decision to sell your business, early preparation is recommended. This should give you a clear picture of exactly where you are and provide the opportunity to get your records in good order. The more prepared you are, the easier the...
It would be great to rely on a handshake and know that nothing will ever go wrong but we all know that your business, you and your partners and the context in which you exist do not remain constant. Money, health, personalities and other variables can...
Rushing a process can be a false economy. Ask the hare Time limited mediation (a mediation limited to an hour or a morning for example) has its place. It can be useful in low value claims with narrow issues, perhaps an argument over a simple low...
Stamina - keep at it - press on - "persistence and determination are ..omnipotent"- There are lots of quotes, and many examples of how the right spirit, determination and just plain staying on course can deliver results. I was reminded of the importance of 'hanging...
The latest statistics on cases that are received and processed through the justice system of England and Wales for January to March 2016 have been published by the Ministry of Justice (MOJ). Civil cases (excluding family cases). The courts dealt with around 437,000 claims—an increase of...
Most key decision makers in a business know what a good deal looks like but when it comes to a dispute they sometimes switch from ‘what’s a good deal look like?’ to ‘What are our rights?’. The second question can trigger a consultation with a...
The rise in real property prices in the nineties and noughties means that many estates are of significant value with the testator's own home the main asset. The value of the estate is one of the factors that must be considered by the Court in any...
The most recent civil disputes I've mediated involved a division of assets but on the day of the mediation the absence of key information caused a blockage for the parties who were otherwise moving toward their chosen form of settlement. The discomfort of the lawyers was...
Litigation – Don’t take every issue!
13:53 13 August
in Blog, Dispute Resolution & Litigation, Keith Hardington articles by Keith Hardington
The Judge in this case ordered indemnity costs against a party who refused to agree a very short extension for service of a Statement of Case. In my opinion a pragmatic approach has been taken by the Judge rather than a literal and pedantic approach...
Part 36 of the Civil Procedure Rules (the rules of procedure used by the courts) is designed to encourage parties to settle by making offers. Part of the encouragement is the prescribed costs consequences if an offer is not accepted or beaten at trial. They...