Our commercial litigation department is dedicated to comprehensively addressing issues at the outset, agreeing a structured strategy to achieve set goals, analysing the "prospects of success" of an action and being clear on whether a victory is likely to be empiric. We have earned an enviable reputation amongst our clients for never acting without prudence, never sidestepping our responsibilities and most importantly never forgetting our clients' objectives.
We have embraced the new litigation landscape of Commercial Dispute Resolution, Civil Practice Rules and Funding. We recognise that funding and risk / reward assessment is fundamental to our clients strategy. We are always prepared to review a case on a no commitment basis to enable a client to decide whether or not he/she wishes to proceed.
We believe that to see beyond the conventional and to look at a different perspective is to understand the complexities of commercial litigation. Speedy, effective legal advice can resolve disputes and deliver clearly defined commercial objectives.
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These tribunals hear e.g. appeals by estate agents and other professionals against decisions of the Department of Trade and Industry where an individual has been accused of committing wrongful acts in the course of their profession.
They also hear appeals against the imposition Notices and/or Prohibition Notices by the Health and Safety Executive.
We take instructions in relation to any such appeal by individuals and/or companies, liaise with the Solicitors for the respondent authorities and attend at the appeals tribunal to advance the appeals using our vast advocacy experience in such matters.
We have noticed that there are increasing amounts of prosecutions in relation to the storage, disposal or treatment of controlled waste and waste generally. Fly-tipping is becoming an increasing problem, especially for people who have obtained Waste Management licences and have little or no control over individuals who deposit waste at or near their company's boundaries.
We attend for interviews under caution at the Environmental Health Authority's offices and advise in relation to such interviews. Where a prosecution arises we advise in relation to any possible defences, deal with the advocacy for such matters in the Magistrates Court and/or Crown Court, briefing Counsel where necessary, and advancing pleas in mitigation where guilt is admitted.
There has been a recent change in the law in relation to fire safety regulations e.g. at hotels. We advise in relation to possible prosecutions by the Fire and Rescue authorities in relation to the breach of such regulations negotiate with the appropriate authorities in relation to hopefully bringing matters to a satisfactory conclusion for both parties and/or attending upon clients at trial in the Magistrates Court or advancing pleas and mitigation where guilt is admitted.
Health and Safety legislation is becoming more and more virulent. The Health and Safety Executive are increasing obtaining more and more powers and utilizing the legislation at their disposal to prosecute more and more people, sometimes for the most trivial offences.
We will take full instructions in relation to any advanced information provided by the Health and Safety Executive where a prosecution has taken place. Prior to that, if necessary, we will attend at an interview under caution with an individual or company director where the individual or company are interviewed in relation to any possible breach of Health and Safety laws.
We advocate matters on behalf of individuals and companies, either in the Magistrates Court by way of trial, appeals against sentence and/or conviction and enter guilty pleas and offer mitigation where guilt is admitted.
We act for landlords who are prosecuted by local authorities in relation to, e.g. breach of multi-occupational property laws or where a landlord is accused of wrongful eviction. We advise in relation to all papers produced by a prosecuting authority, correspond with the prosecuting authority and the Courts and attend to the individual at trial in the Magistrates Courtor to advance a plea in mitigation where guilt is accepted.
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The legal expense insurance market is a relatively new one and to be able to offer sound legal advice, a thorough understanding of the industry is crucial. Horwich Cohen Coghlan have partners who are experts in this market with extensive experience in all areas of this sector.
We are the market leaders in this field and have been integral in the development of the legal expenses insurance market. We advise on drafting of BTE and ATE insurance policies as well as all aspects of pre and post event legal expenses work. On crucial key test cases within the industry we have advised, including the most recent issue surrounding the enforceability of Conditional Fee Agreements which arose in the case of English v Clipson. We also represented the ATE Group in the Court of Appeal landmark case Callery v Gray and Sarwar v Alam.
Horwich Cohen Coglan work closely with funders and underwriters / insurers and claims management companies. We advise insurers and affinity groups on their scheme insurance products. We have devised bespoke policies for various industries and affinity groups. We understand all aspects of the industry and are therefore able to offer our clients the appropriate commercial as well as legal advice.
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Our Insurance department has a wealth of experience in acting for a number of insurers and Lloyds' syndicates in High Court and County Court actions and in Coroners Court and Magistrate Courtappearances.
We pride ourselves in providing a service of the very highest quality, in accordance with agreed work protocols, which are tailor-made to suit the individual insurers' requirements. We recognise that only by a consistent commitment to quality through stringent and agreed work protocols can our representation, on behalf of our clients, be truly cogent. To provide this level of service the department consists of experienced lawyers, each with a thorough insight and understanding of disputes of this nature from the insurers perspective. As a result, we are confident of the proficient and expeditious settlement of claims.
We advise in relation to all manner of road traffic offences including speeding, the accumulation of penalty points on the driving licence, known as "totting-up" which can lead to disqualification, careless driving, driving whilst using a hand-held mobile phone or similar device, driving without due care and attention, driving dangerously, driving without insurance, driving without an MOT, driving other than in accordance with a licence for a particular vehicle, permitting others to drive in a manner that is contrary to road traffic law.
We also act for firms and companies in relation to, e.g. tachograph offences and overloading offences, amongst others. We act on a nationwide basis in the Magistrates and Crown Courts.
We advise in relation to all manner of Trading Standards and Fair Trading offences. We will attend at interviews under caution at Trading Standards offices throughout the country. If a prosecution arises we will take full instructions and advise in relation to all evidence provided by the prosecuting authority, enter into the appropriate correspondence with them and the Court and act for the individual in relation to putting forward a defence in the Magistrates Court or entering a plea and mitigation where guilt is admitted.
Such actions can include the sale of tobacco, alcohol or other age-related products to minors, either by the individual or by one of their employees. We can advise in relation to how to attempt to avoid future prosecutions or to avoid prosecutions at all by using our vast experience to provide information in relation to the things Trading Standards officers will be looking for at the time of "test" purchases or otherwise.
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