Are partners really self employed?
2 October 2018
We identify the strengths and weaknesses of litigation and disputes enabling you to plan. We always look for resolution as that is in your best interests. But we do litigate where necessary. We work with both shareholders, investors and companies applying the expertise needed to find resolution.
Please get in touch for an initial review on prospects of success. We do provide fee estimates for each stage.
We are a specialist litigation and dispute resolution legal firm. This means in practice:
A good strategy will take into accounts the basics. The basics are:
Obviously evidence plays a major part. But there are also more subtle points which can be dressed up or played down to your advantage. Timing is part of clever evaluation. As is the appetite for risk and the characters involved.
We consider for you how much to spend and at what stage of proceedings, mindful of the proportionality requirement. Legal costs do have to be reasonable and proportionate to the matter as discussed. We stop you getting carried away.
Attempts to settle the litigation dispute out of court must be considered. Timing and value are important considerations. The first offer has to be pitched to be enticing whilst allowing room for manoeuvre. When to settle and when to fight on are skilful decisions we help you to make.
Litigation legal fee costs are approached in two ways:
From an early stage we will be considering the strategy and routes for resolution:
Planning from the start is they key to success.
Broadly speaking, there are two types of litigation cost orders the court can make on the losing party:
The risk is that the court orders legal costs be assessed on a standard basis. This means that a winner could receive an award of say £500,000 but face a legal bill of say £1m. The loser then argues that the legal costs are not proportionate – and therefore the winner’s costs not recoverable in full. If the court agrees, the winner then has to foot some of the legal fees cost. Hence – no prizes.
Certain situations may cause an increase in the size of your legal costs. Examples being where:
The list is not exhaustive and we can advance creative arguments for both the winner or loser depending on where your interests lie.
Usually, you will be best served to agree a commercial settlement with the other side. A commercial settlement will not only save on costs but also bring finality to the litigation dispute. Litigation is always a disruptive process to any business.
A commercial settlement agreement can be reached at any time before or during the court litigation process. Obviously, the sooner the case is disposed of the better. But sometimes, there is work to be done by us to create an appetite to settle.
If a settlement is reached it needs to encompass areas which could cause difficulties in the future if not settled. We prepare the written terms of any commercial settlement agreement.
Account should be taken before signing of:
1.Any satellite disputes that could arise that you want dealt with as part of the full and final payment.
2.The terms of payment and timing from one party to the other.
3.How legal costs are to be dealt with.
4.If claims have been lodged in court the timescale for withdrawing claims, and the appropriate forms that will be filed in support.
5.Whether any other commercial terms need to be agreed. For example an intellectual property dispute may settle by the owner/proprietor of the IP granting a licence to the infringer on terms including royalty payments.
The courts operate a number of procedures designed to encourage settlement and contain litigation costs. The court procedures force parties to focus on the risk seriously consider settlement outside of court.
The court procedures include Part 36 offers, part admission of liability and other formal ways of recording an offer has been made. The basic idea is that if you fail to better an offer there will be increased legal costs as yours and the opponents costs become payable. There are opportunities and tactics to play.
The team grasped the issues, responded to tight timelines and left me in a better position than when I started. Highly recommended.
Intelligence and good tactics from the team secured me a better result than I could have wished for.