Over three years ago, Paul Brennan started  The Law ® podcast .  Since that time, the five most popular podcasts have been: The man with four lawyers Insolvent trading-is everybody at it? How far are you prepared to go? Winning not always a joyous experience Why read The Art of War Search for the Law ® podcast by Paul Brennan or  click here . It is on Apple, Spotify and many other platforms. The Law ® podcast - Short clips on legal topics with a quirky outlook, but of real, everyday application with wry humour and the odd belly laugh.   #podcast #law SPONSORED BY

   The CIA is alleged to have launched 638 assassination attempts against Fidel Castro including one using an exploding cigar. Unfortunately, assassination is not available to litigants; they are condemned to fight their enemy in the courts. Nevertheless, many people find that issuing a writ feels better than sex (depending, of course, on who their current partner is). Yet, in some entrenched cases, after a year or so, all parties can feel like they have been through the mill. At this stage, neither party is prepared to give up but they may be ready for mediation.  This is where you meet the other party with their lawyers with the object of settling the dispute. In the 70s, there was no mediation that I recall.  Clients were advised not to speak to their opponent.  A writ would be served and skirmishes would occur up to the hearing and a huge number of cases settled at the court door.  Few facts were admitted.  Communication with what we still call “th...

  George Orwell said, “The quickest way to end a war is to lose it.”  Sometimes in litigation, such as debt collection or injunctions, you can overwhelm your opponent’s trenches at an early stage.  However, often in litigation, it is not over by Christmas. In the way that War Ministries are now called Defence Ministries, sometime in the last few years Litigation Departments became Dispute Resolution Teams. The “team’s” mission is to find a resolution to your dispute rather than just open hostilities and see how it goes, which seemed amongst clients to be the preferred method for centuries, or certainly as far back as I can remember. Apart from mediation and tribunals, there are two other main alternatives to a court case: Arbitration - This process replaces courts and judges and their resulting delays and red tape.  Nonetheless, arbitrators produce their own delays and red tape and arbitrations can be presided over by people who are not judges but have always wanted ...

  Dear John, I admit that I am a good communicator, but to label me a gossip is both hurtful and defamatory. I am a caring person and if I do pass on information it is for the good of the community, even if it turns out to be wrong. Alternatively, it is entertaining tittle tattle. Surely the law is not taking away the basic right of a chat between acquaintances, however distant? (name and address withheld) Dear Enquirer, The victims of gossip, understandably, often turn out to have no sense of humour about it at all. If you have gone too far, a quick apology, given and accepted, is the best course of action for all parties. The alternative is to wait and see if the victim will sue you for defamation which can be a successful strategy, depending on the seriousness of your defamatory statements. Lawyers and probably spouses can help even stubborn people to assess the stupidity of their statements. You could claim “qualified privilege” in that you acted reasonably, not recklessly in m...

  Generally, defamers do not defame people who they think will punch them in the mouth.  So if you ever have the option of frightening people by using threats or just your unpleasant manner, you do not need to demean yourself by resorting to defamation. This is why the Mafia is not big on defamation; in fact they go out of their way to be nice to you up to the point of garotting you from the back seat of your car. A problem arises when you lack sufficient evidence of being defamed.  For instance, there is the often alcohol-fuelled “I was only joking” insult, which grows into a whispering campaign that has proved so popular in clubs over the years. Your lawyer will seek to gain evidence. This usually amounts to statements from other club members who are naturally reluctant to get involved and often report what they have heard from others, rather than what they have directly seen or heard themselves.  Therefore, it is best to consult a lawyer early as they can coach yo...

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When you go bankrupt your affairs are taken over by a trustee in bankruptcy (“T in B”), a sort of life coach with a sombre bent.   If you are ever faced with bankruptcy you will have two choices: Honourably accept your fate; or Try to wheedle your way out of it.   People tend to do option 1 only after they have given 2 a good shot.  At least, that is my plan should the need arise.  But, the problem for “wheedlers” is that over the centuries every stunt has been tried with mixed results.  Therefore, you are unlikely to come up with anything new.  Worse still, the lawyers drafting bankruptcy legislation have closed the loop holes or at least given it a good try. Most people arrive at bankruptcy with liabilities that cancel out any assets that they still have.  It is the job of the T in B to “claw back” any assets sold at an undervalue or sold or transferred to defeat creditors. In Australia for example, there are basically four main ways that a T in...

You get the run around from a customer’s Account’s Department one time too many. As in the Western films, you decide to strap on your Colt .45 and collect the sawn-off shotgun from the rack on the wall.  No longer are your kinfolk gonna starve while them there debtors are down at that there saloon drinking chardonnay. Your old peaceable lawyer has a weapon that will have your debtor customers ‘a hollering and a begging’ for mercy within the month. It is called, disappointingly, the “statutory demand”. But do not let the name fool you. It is deadly, and cheap too. No proceedings need to be issued or court fees paid.  Your lawyer prepares the statutory demand and sends it to the registered office of the debtor by post.  They have 21 days to pay up or you can issue a winding up petition, the company’s bank account will be immediately frozen and all their creditors will form a posse and hunt them down. To avoid this, debtors will pay up on receiving a statutory demand even if...

As E.W. Howe said “There are very few grave legal questions in a poor man’s estate”.  But add even a little money and any family can become the stage for some stellar and demanding performances from its members.  Often the indolent, gin swilling, shopperholic daughter-in-law who must be kept away from the wonderful son’s inheritance can become in time the saintly mother who sacrifices all for her own children and deserves every penny.  The death of her husband may launch her into a new marriage and the role of hated money grabbing step mother, only for her new husband to die and for her to inherit everything leaving his children without an inheritance.  But, her loneliness throws her into the arms of a chancer and she becomes the fear driven widow who is about to be taken for a ride by a man who through some quirk of law could leave her money to his own children. Meanwhile, the men of the family not only have to play opposite a multiplicity of female roles they can e...

You have the house, wife, two kids and car and are living the modern dream. What new frontiers can you, the red blooded male conquer but those which abut your own garden? As people live closer and closer together, neighbour disputes become increasingly common.  Dogs, children, fences, wives, noise etc., there is plenty to disagree about.  You may find The Art of War to be particularly useful in this instance.  It basically concerns neighbourhood disputes in Ancient China. It offers practical advice such as the “Object of War is Peace” especially useful in considering reprisals against a brainless neighbour. You may also find it useful to note that, like some judges, the police can be swayed by a well presented case, particularly when it comes to neighbour disputes. But how do you put together a well presented case?  Well, one person’s word against another’s is not really good enough.  What you need are independent witnesses (not relatives).  Most families h...

  When the King of Wu interviewed Sun Tzu to be his general, he asked if the principles of the “Art of War” could extend to teaching the King’s 180 concubines to march in formation. The King watched on as Sun Tzu lined up the concubines in two columns and put the two favourite concubines at the head of each column; Sun Tzu explained that when he gave the order to turn right they must turn right, turn left they must turn left. He asked if they understood and they indicated that they did. The drum rolled and he gave the order “Turn Right” at which all the concubines fell about laughing. Sun Tzu explained that when the order is not clear and therefore not understood it is the fault of the general, but when the order is clear and understood yet disobeyed, it is the fault of the officers. So he explained again when he gave the order to turn right they must turn right and turn left they must turn left. They indicated that they understood. He lined up the concubines again in their two col...