I am business owner forced into litigation by the wrongdoing of another – can I recover damages for lost staff time?

Potentially. Where staff must be diverted from their usual tasks, damages for significant disruption caused to the business may be recoverable. This must not be confused with time spent by your staff preparing for court proceedings. Damages for business disruption will not extend to time “lost” building your case against the Defendant. They are limited […]

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Covertly Recorded Conversations: Family and Child Cases

Separation and custody battles are extremely distressing. Allegations made between the parents can be easily made yet difficult to refute. Perhaps you have a way to prove otherwise though? Ever been tempted to leave your iPad ‘accidentally’ in a room, recording a conversation? Ever wanted to sew recording devices into children’s clothes to record your […]

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Mediation? Is that really necessary?

Not necessarily but be warned! Alternative Dispute Resolution (ADR), mediation being the most well-known example, is now being strongly encouraged by the courts, more than ever before. The rationale is easy to follow. The courts are becoming increasingly burdened by an ever growing number of litigants and ADR, if used properly, increases the chances of […]

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Empty Judgments…insolvent defendant?

Empty Judgments: What to do when faced with an insolvent defendant company. It is a claimant’s nightmare: succeed in obtaining a judgment against a defendant company only to find that the company is insolvent or does not have sufficient means to satisfy the judgment debt. This is what is known as an empty judgment, which […]

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Recovery of pre-action legal costs

“Can I recover my costs from the other side?” This is one of the first questions asked in any dispute in which solicitors are involved and an important consideration when weighing up the commercial viability of pursuing a person for money owed to you. The general rule is that the person against whom judgment is […]

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Recovering Debt

So…You find yourself on the wrong side of an unfortunate business agreement. Money is owed to you.  You try to negotiate, but the other side is either unwilling to be reasonable or even to negotiate at all. As with all legal disputes, prevention is cheaper than the cure. Even with simple debt recovery matters, legal […]

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Enforcement in the EU

Debt Recovery Across EU Borders Is a company that owes you money based in another country in the European Union?  Perhaps an individual debtor has dissipated his assets in England and moved abroad within the EU to frustrate your attempts to enforce locally. Unfortunately, these are not uncommon scenarios that can complicate enforcement to the […]

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Recovering your debt if the debtor is abroad

If you are a creditor you will still be able to recover your debt and the costs are not as prohibitive as you may think. In particular this is easier if the debtor is within an EU country; the country has a reciprocal agreement and/or you have a term in your contract submitting the relationship […]

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Creditor vs. Debtor

Escaping debt if leaving the UK permanently… More and more people are fleeing the UK for many reasons, but one trend appears to be to escape debt. People who have run up credit cards or their businesses have ceased trading or are in substantial debt feel that a fresh start abroad is the solution. However, […]

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Recorded Conversations: Can we use them in court?

In this day and age you can buy recording devices from high street shops to a standard that even MI5 would be proud of. It is surprisingly easy.  However, recording conversations without the participant’s knowledge is essentially considered a breach of that person’s right to privacy.  When the evidence that is recorded is central to […]

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