The variety and diversity of property litigations means that no two days are the same – I could be acting for a freeholder, an investor, a developer or a lessee in a dispute over commercial, residential or agricultural property.
In each case, I always aim to give practical and commercial advice – there is no point in offering clients a ‘grey’ answer which doesn’t help further their commercial objectives. My role is to balance risk, cost and commercial goals.
Outside work, I aim to visit two or three new places each year; I love travelling.
Know what you want to achieve – it might not always be possible, but it will ensure that we are all working towards to same goal.
Be commercial – litigation based on points of principle is expensive and all-consuming.
Be realistic about the amount of time you have; litigation is time-consuming and can often be a distraction from your day job.
Why is the court process so slow?
Unfortunately, the courts are overworked and understaffed – this means litigation often takes months or years to reach a conclusion.
Why can’t I recover all my costs if I win?
The UK courts do not work on an indemnity basis; an award of that nature is rare and is subject to a high threshold. 60-70% of costs is a more usual costs recovery if you are successful.
Why should I make a ‘without prejudice’ offer; we have a strong case?
Making strategically-timed offers will offer costs protection ahead of atrial and can also add tactical pressure to achieve a settlement.
The removal process The removal process will vary, depending upon what rights the telecoms operator…Read full article