Hardwicke

Hardwicke specialises in commercial, construction, insurance and property law.

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Hardwicke specialises in commercial, construction, insurance and property law. We also have expertise in professional negligence and personal injury work. We are a successful and innovative set with a reputation for not only high quality legal expertise but also our excellent administration and approachable, business-focussed style. This is consistently recognised in Chambers & Partners and Legal 500.

Commercial litigation

We have a strong track record of success in major commercial litigation, and many members of the division are recommended in the legal directories. Our work includes advice, drafting and advocacy in all kinds of commercial disputes, including company and insolvency matters, domestic and international trade, commerce or finance, together with niche specialisms such as media and franchising.

Hardwicke also excels in technical and complex cases, fielding specialists in areas such as intellectual property, IT & telecoms, construction and utilities. We acknowledge that Employment issues are often important in commerce and a number of our members offer a full service in employment related work.

Our barristers offer in-depth legal knowledge, unrivalled client care and are praised for their pragmatic commercial approach to resolving disputes. Often a client’s commercial goals mean that litigation is not the best way to solve a given problem. At Hardwicke, our barristers understand these concerns and we have broad experience in ADR and mediation. Hardwicke can also assist when there is no dispute. Our members often advise on and draft contracts and other documents, ranging from employment contracts and employee handbooks to standard terms and conditions of business or terms for software or website use.

Arbitration

Arbitration is a core part of our international and domestic commercial work.  Our barristers are regularly instructed to act as advocates in the arbitration of a wide range of commercial disputes, including shipping and trade disputes, construction and engineering, insurance and reinsurance, utilities, intellectual property, product liability and franchising.

We have experience of various domestic and international arbitral regimes including ICC, LCIA, UNCITRAL, GAFTA, FOSFA, LMAA, DIAC, SIAC, HKIAC and CIMAR and ad hoc references.

As well as acting in arbitrations, we deal with all kinds of disputes relating to the conduct of arbitrations themselves, such as jurisdiction challenges, the validity and interpretation of arbitration agreements, challenges to the conduct of arbitrations, applications to remove arbitrators, the enforcement of arbitral awards and appeals to the Courts.

A number of our barristers are also accredited arbitrators and are able to accept appointments from various nominating bodies or on an ad hoc basis.  For more information please visit our Arbitration page.

Banking and Finance

We have a broad range of experience advising and acting in matters relating to retail and investment banking, financial transactions and financial services regulation.

In retail banking matters, Hardwicke regularly deals with issues relating to mortgages, securities, consumer credit agreements, payment disputes, e-banking bonds and guarantees. We also have a great deal of experience dealing with debt-factors and asset based lending disputes.

Many of our members have particular experience of development finance for construction, engineering and infrastructure projects.

Our barristers have the specialist knowledge required to provide advice in relation to the regulation of financial services under the Financial Services and Markets Act 2000 (“FSMA”) and associated legislation.  We also have experience of acting in complaints to the Financial Ombudsman for financial institutions and customers alike.

Who we act for

  • Asset based lenders
  • Bondsmen
  • Brokers
  • Investment Banks
  • IFAs
  • Individuals (in connection with their financial arrangements)
  • Lenders
  • Regulators
  • Retail Banks

We can assist in the following areas

  • Bank payments, mandates, cheques and bills of exchange
  • Banking disputes
  • Bonds
  • Consumer credit
  • Derivatives
  • E-banking
  • Factoring and asset-based lending
  • Guarantees
  • Interest rate swaps
  • Letters of credit
  • Mistaken payments
  • Mortgages
  • Regulation of financial services, including the Ombudsman scheme
  • Securities

Civil Fraud

With a range of commercial and regulatory expertise, our team of civil fraud experts deals with all types of fraud related work from cheque fraud and employee fraud to misappropriation of company or client funds as well as major domestic and international fraud. We also work closely with our intellectual property practitioners to cover the misuse of confidential information, trade secrets and other intellectual property.

Asset recovery is a core part of our practice. Our barristers have experience of domestic and international tracing – we are happy to work with forensic accountants and legal teams overseas in multi-jurisdictional disputes and have experience advising on conflict of laws issues.

We understand that speed is essential in fraud cases and have experience of freezing orders, search orders and other emergency relief. Hardwicke’s team also acknowledges the pressure that can be brought to bear by these orders and our members are equally versed in resisting attempts to obtain such relief.

We are able to deal with cases quickly and where urgent action is required, we can put together teams of barristers to work through large volumes of complex materials quickly and effectively.

Our areas of work include:

  • Breach of trust/misappropriation
  • Bribery
  • Cheque fraud
  • Conspiracy
  • Employee fraud
  • Misappropriation of company or client funds
  • Misuse of confidential information
  • International fraud

Companies and Partnership

Companies

We have expertise in all forms of business structures, particularly companies and we regularly receive instructions in relation to all features of corporate life from incorporation to dissolution and in relation to disputes that arise in between.

Our members have been instructed in relation to matters arising out of the amendment and consolidation of Company law set out in the Companies Act 2006.

Hardwicke barristers are also well placed to provide advice on non-contentious issues such as share sales, business sales and drafting documents such as memoranda, articles of association and shareholder agreements.

We have specialist practitioners who deal with corporate insolvency and restructuring matters and our experience in that field complements our company expertise.

Some of our members also specialise in insurance issues and are experts in areas where there is a cross-over between insurance and company law, such as insurer demutualisation.

Partnership

We act and advise in relation to all forms of partnership disputes, whether via litigation, arbitration or mediation.

We are often called upon to deal with the technical financial impact of partnership disputes and our barristers are always happy to work in teams with accountants and auditors.

Our barristers also assist in non-contentious matters and advise upon and draft the key documents such as partnership agreements and agreements to cover retirement, dissolution, profit share and other agreements required for the smooth running of any partnership.

In aiming to bring flexibility and commercial common sense to any dispute, we ensure that it is resolved quickly and efficiently, and where appropriate, through alternative dispute resolution. Many of our barristers are qualified mediators.

Our areas of work include:

  • Business sales
  • Corporate finance
  • Derivative actions
  • Directors’ disqualification
  • Directors’ duties
  • Dissolution
  • Drafting documents (including memoranda, articles of association and shareholder agreements)
  • Expulsions
  • Good faith
  • Incorporation of LLPs
  • Insolvency and restructuring
  • Insurance Schemes
  • Reductions of capital
  • Restrictive covenants
  • Retirement
  • Schemes of arrangement
  • Shareholders’ disputes
  • Share sales
  • Takeovers

Costs

Costs issues are becoming increasingly complex and there is a growing need for specialist costs counsel.

Hardwicke’s costs specialists undertake the full range of costs work. We have extensive experience of both contentious and non-contentious costs matters and litigation arising out of retainers and costs arrangements, including CFAs, CCFAs and third party funding arrangements. Our members have wide experience of costs litigation at all levels and some of our members sit together with judges as costs assessors.

Our barristers have been involved in advising on and drafting standard, mixed and retrospective CFAs. They have also assisted in the creation, protection and challenging of block arrangements for costs or disbursements.

We are also experienced in the coverage issues that arise in relation to legal expenses insurance and after the event (ATE) policies and also the problems that can arise as to the recovery of ATE insurance premiums.

Who we act for

  • Arbitrators, Adjudicators and ADR professionals
  • Clients
  • Legal expenses and ATE insurers
  • Parties in litigation, arbitration or ADR
  • Solicitors

Our areas of work include

  • Assessment of costs orders
  • Assessment of solicitors’ bills
  • Conditional Fee Agreements and success fees
  • Costs in Arbitration and ADR
  • Costs in litigation
  • Legal expenses and ATE insurance disputes
  • Part 36 offers and offers to settle
  • Security for costs
  • Solicitor / Client disputes
  • Third party funding
  • Wasted costs

If you need any assistance in any of these areas, please contact a member of our Practice Management Team on +44 20 7242 2523 or e-mail enquiries@hardwicke.co.uk.

Franchising

We are the only barristers’ chambers with a dedicated Franchising team and our franchising barristers have been involved in many of the high profile franchising cases in recent years.

We offer a full service to clients, acting for both franchisors and franchisees across the range of franchise related legal issues and disputes. Our team includes specialist practitioners in intellectual property who can assist in all aspects of brand protection, passing off and trade mark infringement.

We can and will act speedily when injunctions are needed on an emergency basis, or expedited trials call for preparation within a very short timeframe. We can also handle group actions arising from franchising, whether in litigation or pre-action. We are keenly aware of your commercial objectives and that these are often best achieved out of court – our barristers are experienced in all aspects of mediation and other forms of ADR.

Our franchising barristers also frequently undertake non-contentious work, advising on the terms and drafting of franchise agreements, distribution and agency agreements. We have also advised on restructuring franchised businesses and franchisor buy-outs.

Our areas of work include

  • Agency agreements
  • Buy-outs of franchise networks
  • Derogation from grant
  • Distribution agreements
  • Enforcement of restrictive covenants
  • Franchise agreements (drafting, renewal, termination)
  • Group actions
  • Insolvency and its consequences
  • Intellectual property (including brand protection, passing off, trademark infringement)
  • Misrepresentation
  • Restructuring franchise networks
  • Sale or assignment of franchisee’s business

Insolvency and Restructuring

In today’s unstable economy, insolvency issues arise frequently. The range of different forms of insolvency, options and consequences present a minefield for anyone unfamiliar with this complex area.  Our insolvency barristers are able to analyse and explain legal issues in a sensible, commercial and accessible manner.

They are experts in the full range of court-based corporate and personal insolvency options.  Sometimes insolvency can also be avoided, and our barristers are also able to help achieve this through individual, partnership or corporate voluntary arrangements, moratoria, administration, receivership, and restructuring.

Our barristers act in both domestic and international insolvencies and we are happy to work with lawyers in other jurisdictions.

Our insolvency specialists are also experienced in the many forms of ADR, and include a number of qualified mediators.

Who we act for

  • Companies
  • Creditors
  • Individuals
  • Insolvency practitioners
  • Solicitors and other professionals
  • Partnerships

Our areas of work include

  • Administration
  • Bankruptcy
  • Dissolution
  • Disqualification
  • Fraudulent trading
  • Liquidation
  • Moratoria
  • Receivership
  • Recovery of assets
  • Restructuring
  • Winding up
  • Wrongful trading

Intellectual Property

We deal with all aspects of the protection, enforcement and exploitation of intellectual property and related rights.

Our intellectual property barristers have experience in the ECJ and routinely act and advise in relation to patent disputes such as infringement and revocation in the Chancery Division, the Patents County Court and at all levels of appellate court. In addition to traditional court work, members also appear in cases in the UK Patent Office.

Trade marks are at the heart of our work, and we also regularly advise in relation to copyright and design right issues. Our barristers are well versed in literary, musical and artistic copyright as well as in design related litigation.

Trade mark disputes and passing off are a major part of our work and we cooperate closely with clients, particularly franchise clients, to ensure that their brands are protected. Our barristers also act in relation to the protection of confidential information and trade secrets.

We appreciate that IP disputes often require swift action and Hardwicke is well placed to put teams together to deal with applications on an urgent basis such as injunctions and disclosure orders.

Some of our IP barristers have science qualifications, enabling them to act in relation to the most technical disputes whilst offering practical advice and assistance in a commercially focused way.

Our areas of work include:

  • Brand protection
  • Copyright
  • Design rights
  • Passing off
  • Patents
  • Protection of confidential information and trade secrets
  • Registered designs
  • Trademarks

Construction & Engineering

Hardwicke is one of the leading construction sets. The members of our team are experts in all aspects of domestic and international construction and engineering disputes, and frequently act in arbitrations, adjudications (see our Fixed Fee Adjudication Service), mediations and court litigation.

We have been instructed in relation to many of the highest profile domestic construction and engineering disputes including the Welsh Assembly, Manchester Airport second runway, Wembley Stadium and the 2012 Olympic Park.

Our team deals with substantial construction and infrastructure projects all over the world. For further information see our international experience page.

Our work includes residential properties, from individual houses to large residential developments, and commercial buildings such as hotels, galleries and museums, warehouses and factories. We also have extensive experience in relation to industrial buildings, process plants, infrastructure projects and marine construction (on and off shore). We deal with claims under all of the main standard forms (JCT, ICE, NEC3, GC/Works, DOM/1 DOM/2) and are used to working with and drafting bespoke conditions.

Our barristers also understand the pressures of construction disputes, particularly the time limits in adjudication. We can provide teams of barristers at all levels at short notice to deal with adjudication matters.

In addition to our core construction services, Hardwicke’s complementary expertise in insurance, professional negligence, procurement, property and injury work means that we can offer a full service to construction clients.

Insurance & Reinsurance

Insurance and reinsurance are fundamental components of our work. Many of our barristers have been recognised in the legal directories as leaders in their field in insurance related disputes.

Our insurance  work ranges across all types of claims that insurers can be asked to indemnify, and to which they can be subrogated. Our insurance barristers are specialists in all types of actions involving insurers and insurance cover, ranging from death and personal injury, property damage, public liability, employer’s liability and health & safety, professional liability, construction and shipping.

We have significant experience in policy coverage work, on behalf of assureds, insurers or reinsurers. Our barristers advise regularly on coverage and avoidance issues, whether in relation to misrepresentation and non-disclosure, policy interpretation, causation issues, notification, or other issues. Our work covers all types of policies, including standard forms and bespoke wording, and covers both insurance and reinsurance.

Personal injury/Clinical negligence

We act across the entire spectrum of personal injury work.

Our barristers offer expertise, unrivalled client care and a commercial, clear-sighted approach to personal injury, which is an ever-developing area of law. The nature of this type of work requires us to act in partnership with our clients, whether they are solicitors, individuals or companies.

We recognise that the best outcome for the client is often achieved outside of the court room, and we have wide-ranging experience in all aspects of ADR and mediation.

Litigation may not always end with the damages settlement, so we also specialise in costs disputes arising from personal injury litigation.

Private Client

Our team of Private Client practitioners advises on a wide range of areas, including probate,social welfare & benefits, and trusts, as well as other related areas.

If the area you are looking for is not listed above, please use our site search at the top of the page. If you need any assistance in any of these areas, please contact a member of ourPractice Management Team on +44 (0)20 7242 2523 or e-mail enquiries@hardwicke.co.uk.

Professional Negligence

We act in all levels of claim for and against professionals in relation to the services they provide in wide range of sectors.

For more information on our professional negligence work specific to your sector, follow the links below:

In addition, our professional negligence work encompasses advising and acting on issues of coverage under professional indemnity policies and connected disciplinary and regulatory work.

As well as acting as advocates, our barristers are well versed in ADR and we can field a number of qualified mediators with experience in the professional negligence arena.

Property

Our Property barristers act and advise on the full range of property matters, including:

Nigel Jones QC, Joint Head of Chambers

Screen Shot 2016-02-11 at 11.59.37Joint Head of Chambers Nigel Jones QC specialises in commercial litigation, insurance and reinsurance, construction and professional negligence. He has extensive experience of complex contentious and non-contentious work in these areas instructed by some of the country’s leading and most specialist solicitors for national and international clients including:

  • Clearing banks, private banks and building societies
  • Lloyd’s syndicates and leading insurers such as Ace, RSA, QBE, Liberty & MarketForm
  • Major utility companies such as EDF Energy
  • Local authorities and the FSA Ombudsman
  • National housebuilders such as Barratt & Bellway, national media such as the Daily Telegraph
  • Listed companies and high-profile sportsmen.


Paul Reed QC, Joint Head of Chambers

Screen Shot 2016-02-11 at 12.18.29Paul Reed QC is a leading construction and insurance barrister. Practising primarily as an advocate he is also highly regarded for his advisory work and has written a book on Construction All Risks Insurance, published by Sweet & Maxwell in 2014. The book is a unique reference guide offering a comprehensive and contextual analysis of Construction and Engineering All Risks (CAR) insurance.

He is regularly instructed in substantial, complex and sometimes high-profile construction, insurance and commercial disputes, often raising multi jurisdictional issues.


Amanda Illing, Chief Executive

ACDQCAAALUA6SADR77RP67IAWQAP777774AAAAAAGAHSACQAAmanda Illing joined Hardwicke in July 2009 after 9 years as the Practice Director at Matrix. Her role is to develop business and long-lasting relationships with clients. She takes responsibility for the career development of the barristers at Hardwicke, and her staff team. She is committed to meeting clients’ needs and providing solutions to engaging the right barrister for the right client/case, and working out fee structures to suit.

Amanda was previously the Private Secretary to the Director of Public Prosecutions and a caseworker in the Crown Prosecution Service, handling cases such as the appeal of the Birmingham Six, and the first corporate manslaughter prosecution following the sinking of the Herald of Free Enterprise.


Deborah Anderson, Practice Director

ADGQIAAAS4ALIAHT74AAA7IAWQAP777774AAAAAAS4BUQBAADeborah joined Hardwicke in September 2014 after 14 years at Brick Court Chambers, where she worked as one of the Senior Clerks, developing and managing the practices of some of the most senior members of chambers to the most junior.  Prior to accepting Brick Court’s invitation to join their clerking team, Deborah was Senior Clerk at Littleton Chambers.

Having managed the practices of barristers, arbitrators and mediators for over 35 years, she is fully aware of and responsive to the needs of both professional and lay clients.  She appreciates the importance of being able to offer not only the right barrister for the work, but also ensuring a high level of service across the board, from the first enquiry to the conclusion of the matter.


Patricia Yearley, Finance Director

Patricia Yearley joined Hardwicke in June 2015 after 21 years in senior financial positions in the charitable sector. Her charity experience included Head of Finance at John Ellerman Foundation, a grant-making trust, and Financial Accountant at the child protection charity, NSPCC.

Her role is to ensure that strong financial management is in place while supporting the Chief Executive, particularly with financial strategy, and to oversee the smooth running of the operations and facilities at Hardwicke Building for Barristers and staff.

Her early career included working as an investment accountant in the City and her audit training at Ernst & Young gave her experience across a wide range of business sectors.


Sally Wollaston, Business Development and Marketing Director

AC3QMAAAZYAMAAGQ777P67IAWQAP777774AAAAAAXACVUBIASally is a qualified solicitor who trained then qualified with Allen & Overy as a commercial litigator before moving to what is now Pinsent Masons.  After 14 years in practice, she moved into business development within the Bar and worked at XXIV Old Buildings and 11 Stone Buildings before joining Hardwicke. A key part of her role as Business Development & Marketing Director at Hardwicke is to concentrate on profile raising and business development priorities which her experience of both private practice and the chambers environment makes her uniquely placed to cover.


AD7AMAAA44AAMAOK77W767IAWQAP777774AAAAAAJEBJQAQAPaul Horsfield, Senior Practice Manager


AAAAOAAA4QAUEAPW73QP67IAWQAP777774AAAAAARAGQKCIARichard Sumarno, Senior Practice Manager

Address

Hardwicke Building
New Square
Lincoln’s Inn
London WC2A 3SB

Tel 020 7242 2523
Fax 020 7691 1234
LDE 393

Phone

Tel 020 7242 2523

Website

www.hardwicke.co.uk