Profile

My practice covers all aspects of Commercial, Intellectual Property and Industrial and Information Technology and Construction Law. I also deal with matters in Arbitration. I deal with cases at all levels and in all courts. I am particularly strong on cases demanding multidisciplinary experts and in multiparty disputes especially when the dispute is based on a mix of commercial and technology or IP focused matters.
My Chambers is located in London but I am also located in the North West so can easily meet clients in person in either location.

In broad terms my practice covers the following disciplines and subject areas:

Commercial Work:
Contracts, Agency, Franchise Agreements, Joint Venture Agreements, Confidentiality and Non-Disclosure, Sale of Goods and Services, Software purchase and development, International Trade, Guarantees and Security, Commercial Leases, Distribution Agreements, Business Fraud, Professional Negligence, Enforcement of Foreign Awards and Judgments, Arbitration Agreements

Company, Partnership, Sole Trader:
Shareholder Agreements, Partnership Agreements, Director Liability, Partnership Liability, Shareholder Minority Interests, Winding Up Petitions, Statutory Demands, Intellectual Property Infringement, Leases and Hire Agreements, Debt Enforcement, Injunctions, Bankruptcy and Insolvency

Intellectual Property and Related Rights:
Copyright, Broadcast Rights, Data Protection, Database Rights, Defamation, Design Right, Passing Off, Internet Publication, Domain Names, Patent, Publishing Agreements, Trademark, Web and Media

Construction and Technology:
Construction Contracts, Adjudications, Arbitrations, Bespoke Development Contracts, Party Wall Agreements, Design Contracts for software and hardware, Design and Build Contracts for civil works and process plant, Service Level Agreements and Performance Contracts, R&D Contracts, Dispute Boards

A more detailed description of the kind of work undertaken in each of these areas can be found in my profile at http://mercantilebarristers.com/people/paul-considine

My Clients and My Approach to Your Dispute:

Whether you are an individual, a Small Business Owner (or Manager), a Medium or Large Company, a shareholder in a business or a member of a Partnership or Unincorporated Association I can usually help you with advice and representation. My broad ranging experience and business acumen assists me with working with professional and client personnel at all levels of an organisation from skilled workers to small business owners and senior government and corporate managers as well as professional service providers such as consultants and architects.

I will quickly identify whether or not I can help with your problem either on the papers you provide to me or after an initial consultation. I will contact you to discuss your case in a short free consultation to decide how best to proceed.
I have a wealth of experience in a broad range of disputes from simple contract disputes between business and consumers and B2B cases and more complex matters concerning multiple issues and multiple parties. I am especially good in forensic analysis of commercial and technical documentation.

My extensive business and engineering background supports my practice at the Bar and in dispute resolution by Mediation, Arbitration or Adjudication. My legal and ADR practice is underpinned by over 30 years of experience gained in industry and commerce including 17 years as a consultant Chartered Engineer, Company Director of a Consultancy Practice and 9 years as a Commercial Claims Consultant and obtained across a broad range of industries (oil & gas, nuclear, manufacturing, food & beverage, space, rail and the public sector commerce). My former consultancy work covered the design and delivery of engineering and technology projects including R&D, design, build, commissioning and support activities as well as commercial contracting and complex contract dispute resolution on large scale government projects in the IT and Technology sectors and on civils infrastructure projects.

I take a determined and thorough approach to my client’s cases whilst constantly searching for settlement opportunities. I have extensive advisory and litigation experience gained in a number of Commercial, Intellectual Property, Construction and Company/Partnership matters in the County Court, the High Court and the Court of Appeal. I have also appeared and been instructed in cases in the Companies Court, the Bankruptcy Court, the Technology and Construction Court, the Mercantile Court and the UK’s IPO Registry.
After accepting your instructions and completing the engagement paperwork I will advise you on the best approach to take with your opponent and the most suitable forum to resolve your dispute according to your instructions. I will agree and keep you appraised of my costs in order for you to manage your case at all times. I will advise you on cost issues and costs budgets from time to time or as agreed between us.

Legal and ADR Instructions:

I accept instructions to advise or represent a party in non-contentious or contentious matters at all stages of proceedings whether in pre-litigation, current litigation, Adjudication, Arbitration or Mediation as Counsel. I also advise and draft agreements of all kinds and give advice on property interests and other matters for parties who have not engaged in any dispute. I am an ADR Group Accredited Mediator and a Fellow of the Chartered Institute of Arbitrators and have advised and represented clients in mediation and arbitration proceedings. I also accept appointments as a Mediator, Adjudicator, Arbitrator or Expert Determiner. I am a Member of the London Court of International Arbitration, The Dispute Board Federation and a Panel Member of the recently launched Chartered Institute of Arbitrators Business Arbitration Scheme.

Significant Reported/Unreported Cases

Owens and Owens v Grose and Grose 2015 EWHC 839 (QB)
Stratton v Patel and Another 2014 EWHC 2677 (TCC)
Patel & Ors - Respondents v Chennai Dosa Limited & Ors – Applicants [2012] EWCA Civ 1066
Fred Perry (Holdings) Ltd v Brands Plaza Trading Ltd (t/a Brands Plaza) 2012 EWCA Civ 244, 2012 F.S.R 28
Fred Perry (Holdings) Ltd v Brands Plaza Trading Ltd (t/a Brands Plaza) and Ivan Genis 2011 EWHC 1030 (Ch) – [assisted during pupillage]
Paul Gregory Allen (acting as trustee of Adrian Jacobs (Deceased)) v (1) Bloomsbury Publishing Plc, (2) Joanne Kathleen Murray (professionally known as JK Rowling) [2010] EWHC 2560 (Ch) [2010] E.C.D.R. 16 – [assisted during pupillage]

Qualifications, Professional Memberships and Associations:

HND Instrumentation & Process Control Engineering Member of Intellectual Property Bar Association
BEng Honours Electronic Engineering Member of TECBAR
Chartered Electrical Engineer – UK Eng Council Member of COMBAR
CPE/PGDL; BVC [BPP London],Diploma in Law Member of Society of Construction Law
Diploma in Arbitration Member of Society for Computers and Law
Corporate Member of Institute of Physics Member of London Court of International Arbitration
Corporate Member of Institute of Technology Member of Dispute Board Federation – Expert Panel Member
Fellow of the Chartered Institute of Arbitrators
Accredited Mediator: ADR Group Ltd and Regents College London SP&CP
Public Access Registered

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