Credit Collections and Risk

The Analysis News & Opinions

Sponsor and finalists announced for awards

Qualco have been announced as the new sponsor of this year’s Credit Excellence Awards, which will be known as the Credit Excellence Awards, in association with Qualco. The move comes as the shortlisted for this year’s event were

finalists

announced, featuring a range of industry professionals and organisations. Stephen Kiely, editor of CCRMagazine,

said: “We are very happy to be working with Qualco on this year’s awards. They have proven themselves to be an important measure of how excellence is recognised and rewarded in the industry, and this year’s finalists certainly reflect that.”

Alternative Lender of the Year l Amigo Loans l Scotcash CIC l Sapphire Lending

Collections l HM Revenue & Customs l Opos l LGSS

Compliance l SmartCredit l United Utilities l ZZPS

Commercial Credit and Collections l Centaur Media l Ian Williams l European Metal Recycling

Contribution to the Industry l Katherine Bailey, credit manager, legal & compliance, Valor Hospitality Europe lMike Segall l Robert Walters

Awards2018 in association with

Credit Excellence

Export & International l Talkingtech l FICO and Santander Poland l HighRadius Corporation

Legal & Enforcement l Ascent Performance Group lMortimer Clarke Solicitors l Shoosmiths

Newcomer to the Credit Industry l Invictus Risk Solutions LLP l Turnkey Lender l HCE Group's Remote Bailiff application

Risk, Data and Fraud Prevention l CoCredo l JMAC Business Consulting lMaistro

Best Use of Technology l Arvato Financial Solutions l Cabot Credit Management and CallMiner lShop Direct Financial Services and Webio

Become Revolutionary at www.CCRMagazine.com. October 2018 www.CCRMagazine.com Opinion

Timely reminder of need for legal preparation

Last month’s High Court decision should serve as a reminder to contractors that they need effective programmes in place before commencing a contract in case there is a dispute in future. The claimants in Clutterbuck and another vs

Cleghan lost because they failed to call an important witness, and the court refused to allow them to plug gaps in expert evidence at the last minute. This is a wake-up call for anyone

contemplating legal action, and their litigation team, that you must be fully prepared before you walk up the steps of the court building. Contractors must also prepare to protect

themselves in the event of a dispute before even beginning work on a project. Programmes are absolutely vital when claiming for delays or

combating

counter-claims. They become yardsticks against which to measure the effects of delays, which are a frequent cause of disputes. Too many property and construction

disputes end up in court. Instead of rushing headlong into what should be the last resort, the parties in a dispute should seek to resolve their problems through mediation, which is quicker and less expensive. The Clutterbuck trial lasted 11 days in the

High Court, no doubt racking up a big legal bill for the claimants, who in the end walked away empty-handed. There is no way of knowing if they

would have had a better outcome if they had settled by mediation, but in most cases, it is a better and less painful way to reach a conclusion. Settling out of court with the help of a qualified mediator can even mean that the parties do not fall out irrevocably and can work together again. That is rarely the case after an acrimonious court battle.

Michael Gallucci Managing director, MPG

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