HEAD OF CHAMBERS
BARRISTER, MEDIATOR
Harry Hodgkin is an experienced High Court advocate who deals with corporate, commercial, contractual and property transactions and litigation.
He is also a mediator.
He is Head of Chambers at Clerksroom
He is a team player who enjoys working with lay and professional clients to identify and resolve problems in a way that is best suited to the client's needs.
He speaks plainly, adopts a confident and pragmatic approach to cases, prepares cases assiduously and is an effective and well-established senior advocate.
Work undertaken:
Other:.
A company director himself, Harry knows the mechanics of business, commercial negotiations and contractual detail. The companies of which he is a director are concerned with the provision of legal services in modern and cost efficient ways.
He has served on board of the Civil Mediation Council, the Civil Justice Council and for the Department of Constitutional Affairs.
On a personal level, Harry is married and enjoys being Dad. In his spare time he paints, goes mountain walking with his dogs, and studies Near Eastern ancient history. He loves opera and baseball.
Education:
Radley College, Ealing College LLB (Hons),
Professional memberships: Middle Temple, Chancery Bar Association.
Hakimzay Ltd v Swailes [2015] EWHC B14 (Ch) (25 February 2015) (Bailii).
Comment
The effect of serving a notice to complete and making time of the essence of the contract can be misunderstood, as this case illustrates. Service of a notice to complete does not make time of the essence on an ongoing basis. Service of a notice to complete fixes a date for performance. Failure to perform by the date that has been fixed constitutes a repudiatory breach of contract. The innocent party can elect not to accept that repudiation and so the contract continues. The basis of that non-acceptance may be that a new date for completion is agreed. Whether time is of the essence in relation to that new date will depend on the facts and the basis upon which the new date is agreed. The defaulting party cannot unilaterally re-write the terms of the agreement, for example, by offering late performance.