I thought it would be useful to have an article providing some reminders and tips for issues that may arise and to be aware of.
Old Email Accounts
Recently, we had a case where an email was sent to a valid email address for the company, but the employee with that address had left, and the account was not being monitored.
Our client, therefore, missed the opportunity to deal with a complaint, and as a result, the matter escalated.
Remember to always put a forwarding rule on any email address that is no longer directly monitored so that important emails are not missed.
Leaving Cars Outside Your Premises
You’ve all had that annoying customer whom eventually you no longer want to engage with.
It is always tempting to just put their vehicle on the road outside your premises and wash your hands of them.
However, every so often, the customer doesn’t come along to take the car away and somebody steals it or breaks in and damages it.
Depending on the circumstances, this could become your responsibility. Always advise a customer in writing when you are parking their car outside of your premises so that you can rely on the recorded steps taken at a later date. However, we recommend that you call us first to ensure that you are taking all the correct measures.
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Solicitor’s Costs
If a claim is worth more than £10,000, and there are solicitors instructed, the solicitors can likely claim their costs from you on top of the recovered amount if they achieve a settlement, even before issuing legal proceedings.
This includes costs, plus VAT if the other party is not VAT registered, which you will not be able to recover from HMRC, as well as the court issue fee and the hearing fee.
It is not a cheap option to defend such a claim because if the Claimant then goes on to win, they can claim their costs on top.
Always contact Lawgistics if you are thinking of defending a claim where solicitors are acting for the opponent.
Barristers
I would always recommend having a representative at nearly any court hearing that you are obliged to attend.
Barristers are in court virtually every day and know what judges like and dislike to see or have from the parties. They are organised and can help the judge in finding anything that is needed. Barristers provide expert advocacy and they present your case effectively.
We’ve all had that case where the other party, representing themselves, sends seven emails when one will do, argues every minor point, and goes off on tangents regularly.
The judge does not want to hear this; it annoys them. Having a representative who will only put forward what needs to be put forward, and will not get involved whilst the other party is annoying the judge, will greatly assist your case. It will help you make decisions that are based on legal advice and judgment, rather than emotions.
