In the Spotlight - Melanie Hart

Melanie Hart, who has joined Kingsley Napley to lead our new IP Disputes practice, tells EPrivateClient the trends she expects to see in the dispute resolution sector in 2023, and what drew her to this area of law.

Kingsley Napley recently hired Melanie Hart as a partner in its dispute resolution department to lead a new intellectual property disputes practice. Ms Hart has wide-ranging commercial litigation experience with particular emphasis on intellectual property disputes, contentious data protection including cyber response and reputation management/crisis management advice. 

Her client base includes media and tech sector organisations and individuals, as well as UHNWs, charities and international PLCs. She frequently works on disputes of a cross-border nature and many of her clients are based in non-UK jurisdictions around the world. She also represents clients in contentious trust and probate matters.

Ms Hart previously worked at Ince Gordon Dadds where she had been a partner since 2018. Prior to that she worked at Harbottle & Lewis for 10 years. She is vice chair of The Law Society’s Civil Justice Committee as well as an appointed lay observer for the Ministry of Justice.

What trends do you expect to see in the dispute resolution sector in 2023?

Dispute resolution, whether through litigation, arbitration or other informal routes, is typically counter-cyclical so in times of recession there is normally an increased appetite amongst clients to seek redress for the problems they are facing. As businesses and individuals also fully emerge from the post-Covid environment, and the protections which some measures afforded them, we are also sadly seeing a real increase in insolvencies and the impacts those have not only on the businesses or individuals themselves but also for their creditors and others they do business with. It will be a busy year ahead!

What drew you to this area of law?

The intersection between solving complex problems, often in highly contentious scenarios, and the human relationships that make any problem – and ultimately its solution – work.

Do you see mediation as an increasingly important tool in dispute resolution?

Mediation has long been a useful and effective tool in any litigator’s armoury but the increasing complexity and associated cost of litigation/arbitration mean that any party to a dispute who ignores mediation does so at their peril. Although not all disputes are capable of settlement at mediation, you almost always come away from a mediation having learnt something about your opponent which proves useful. The Courts, and various other bodies tasked with resolving disputes, are increasingly moving towards mandatory mediation for certain types of cases. That is a trend that will only increase in the coming years.

How can clients be proactive to circumvent disputes?

Communication is key. Communication with the person/entity you are in dispute with (so often disputes arise because of a breakdown of communications); communication with lawyers (seeking advice early on in a potential dispute can often save a considerable amount of time, heartache and cost); communication with internal stakeholders, be that colleagues, family members or other advisers (disputes can escalate or elongate much more than necessary when one party’s ‘camp’ is not joined up in their thinking and approach).

Is reputation management an area where dispute resolution will see an increase?

It is an oft repeated mantra that reputations are hard won but easily lost. That is particularly true in the modern era of instant communications, social media and algorithmic/AI systems whose primary design is to negatively damage the credibility or reputation of others, whether that is brands, businesses or individuals. Those technological advances also mean that the traditional approach to reputation management has to be re-calibrated and effective reputation management lawyers will increasingly be working alongside other professionals to tackle that challenge. Reputation management work will therefore continue to increase but it looks very different to what it did 5 years ago and will be infinitely different again in another 5 years.

What influence will technological advancements have on dispute resolution?

AI has the potential to revolutionise some parts of how certain disputes are resolved particularly when it comes to handling vast quantities of data. But the AI technology is not good enough yet. That will change quickly though. But I do not predict a mass exodus of lawyers from the dispute resolution sphere as a result. Dispute resolution is ultimately about solving human problems with all their foibles, complexities and idiosyncrasies. We are still light years away from AI systems being able to do that.

What’s one book you think everyone should read?

When Breath Becomes Air by Paul Kalanithi. It answers, with exquisite beauty, the question of what makes life worth living.

Article first published in EPrivateClient on 24 March 2023.

FURTHER INFORMATION

For further information on the issues raised in this blog, please contact Melanie Hart or any member of the Dispute Resolution team. 

ABOUT THE AUTHOR

Melanie Hart advises on a broad range of corporate, commercial and individual disputes, and represents clients in litigation, arbitration and mediation. Much of her advice involves ‘dispute avoidance’ and developing risk management solutions in order to identify and mitigate risk at an early stage. She is known for giving highly commercial and practical advice, which always focuses on her client’s key objectives, be they commercial, financial or reputational.