If you Litigate, be Commercial: Litigation Funding and Risk Mitigation

David Phillips, Senior Associate, Simons Muirhead Burton
Howard Roberts, In-house Counsel, Maxima Creditor Resolutions
Razi Mireskandari, Managing Partner, Simons Muirhead Burton

A contact, a senior in-house lawyer for a multi-national software and hardware firm, said his days were regularly punctuated with calls from members of the sales team asking whether they could dispense with one or more clauses in the firm’s standard terms and conditions. That was usually in order to, “secure the major deal as the customer won’t agree to purchase including that clause”. The usual reply given was that: - • it was a commercial rather than a legal issue, so the sales- person would have to take responsibility for a commercial decision; • the standard clauses were necessary to protect the interests of the firm and if the sales person wanted to delete a standard clause then so be it,

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UK Litigation General October 2022 Vol.15, No. 61, Autumn 2022

David Phillips

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David is an commercial litigator with broad experience in complex and high value case management in the High Court and various arbitration jurisdictions. Having also worked at a litigation funder he also has a deep understanding of alternative funding and insurance.

Howard Roberts

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Howard Roberts is in house lawyer for (and director of) Maxima Creditor Resolutions Limited, which advises creditors in connection with distressed debt.. He has over 20 years’ experience acting as a Commercial Insolvency Solicitor, Licensed Insolvency Practitioner, Mediator and Attorney of the Cayman Islands’ Bar. He has lectured upon and authored articles/books upon a wide range of company commercial and insolvency law topics. He is a qualified FA Referee (Level 5) and Head of the National Representation Team for the charitable Referees’ Association.”

Razi Mireskandari

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Qualified 1986, made partner in 1989, Head of litigation and Managing Partner since 2010. Recognised as a leader in defamation litigation and as a litigator in all major legal directories.

Simons Muirhead Burton

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With 50 years' experience, SMB are a full-service law firm located in Central London and are highly regarded in the legal community as leaders in our field. Highly ranked in the main legal directories, no other firm of our size in the UK is ranked across as many practice areas nor their individuals so broadly recognised for their work.

Maxima Creditor Resolutions

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Simons Muirhead Burton

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With 50 years' experience, SMB are a full-service law firm located in Central London and are highly regarded in the legal community as leaders in our field. Highly ranked in the main legal directories, no other firm of our size in the UK is ranked across as many practice areas nor their individuals so broadly recognised for their work.

UK Litigation General October 2022 Vol.15, No. 61, Autumn 2022
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