Private Disputes

Contractual Disputes

A contract does not have to be in signed in order for it to be legally binding. A contract can be created verbally or by way of an email or a text message.

If you find yourself in a contract dispute, we can review the contract, its terms and the circumstances that gave rise to it so that we can advise on your legal position and determine whether the contract or its specific terms are enforceable. We can then also establish whether there is any liability or if a term could be deemed to be unfair.

If a party to the contract has failed to perform its obligations and is in breach of contract the other party may be entitled to damages.

In any of the above circumstances, you should seek legal advice as early as possible.

Consumer Rights Act 2015

Consumers are protected by the Consumer Rights Act 2015 in relation to all services provided and goods purchased. Services must be carried out with reasonable care and skill, within a reasonable time, and for a reasonable price. Goods must be fit for purpose, as described and of satisfactory quality. The same protections are not afforded to businesses under this act.

If any either the services or goods fall short of the above standards, you have statutory rights based on the length of time since purchase. This is an ever evolving area of law therefore to find out what rights you may have, please call us.

Neighbour disputes

Finding yourself in dispute with your neighbour can be distressing and by instructing solicitors, we take the stress away from you in terms of having to communicate with your neighbour directly. We deal with various neighbour disputes such as nuisance claims, where there is an ongoing interference with the enjoyment of your land, breaches of restrictive covenants, or issues with trespass in respect of right of way disputes. We will attempt to resolve the issue by means of correspondence in the first instance however certain situations may require an application to court for injunctive relief and a claim for damages and financial losses.

Boundary Disputes

We have dealt with many variations of boundary disputes, ranging from garden fences, boundary walls, hedging, access ways, gardens and agricultural land. We have experience with assisting clients challenging and making claims of adverse possession and prescriptive rights. We ensure that the Boundary Dispute Protocol is adhered to, facilitating any form of ADR and we can assist clients with instructing an expert to prepare a report to support their potential claim.

Party Wall Act 1996

Often Party Wall Notices are served, an agreement reached, and works can be completed without issue and solicitors’ involvement is not required. However, if a dispute arises or damage is being caused to your property by your neighbour, solicitor involvement will be required. If your neighbour has failed to serve a Party Wall Notice, we can advise you on your rights and what action you can take to stop your neighbour carrying out works.

Misrepresentation

A misrepresentation occurs when a seller makes an inaccurate statement about the property during a transaction. Whilst the principle ‘caveat emptor’ exists, which means ‘buyer beware’, there may be certain false representations that may not be identifiable before entering into the contract. We have an extensive and successful track record of dealing with a range of property misrepresentation claims including disputes relating to the presence of Japanese knotweed, undisclosed neighbour disputes, contaminated land and other misrepresentations within the Property Information Form.

Challenges to Wills

In England and Wales individuals are generally free to leave their property and belongings to who they choose. Sometimes, however, the terms of a Will may come as a surprise, or there may be something odd about it: family members who expect to inherit are not included, comparative strangers receive large gifts, the signature looks wrong, or the Will was made when the person may not have had capacity.

If you are facing a situation like this, you are not alone and should seek advice. Whilst it may be that the disputed Will was properly made, the suspicious circumstances could point toward there being grounds for contesting it.

Any challenge to a Will, whether on the basis of lack of capacity, lack of knowledge and approval or undue influence requires a careful analysis of the process by which the Will was drafted, the circumstances of the Deceased and the Deceased’s knowledge and motivations at the time the Will was made.

We have a successful track-record in advising and assisting both individuals mounting a challenge to a Will as well as beneficiaries and executors dealing with and defending challenges to validly executed Wills.

Inheritance Act Claims

In England and Wales, individuals are generally free to leave their property and belongings to anyone they choose. However, certain categories of people can also dispute a will which does not leave them enough money. This type of will claim is referred to as an Inheritance Claim. It is different to disputing the validity of a will. Instead, you can ask the Court to vary the Will to give you a share or a larger share of the Deceased’s Estate.

We regularly act for beneficiaries of Estates defending against Inheritance Act claims, which are becoming more and more common with solicitors taking on such claims on a ‘no-win, no-fee’ basis and have successfully challenged claims based on exaggerated or embellished facts.

We have also acted for and obtained several substantial settlements for individuals making Inheritance Act claims against Estates.

Possession Claims

Our litigation Department has a wealth of experience in dealing with Residential possession claims. From serving the requisite notices, to representing your interests at Court, our Solicitors are experienced in interpreting and implementing the detail that is important in such a matter in a prompt and cost-effective way.

We also have experience in dealing with more complex possession claims, including regulated tenancies, claims with counterclaims from tenants, possession claims after the death of a tenant, disputed break-clauses, claims against squatters, licensees and lodgers.

Disrepair and other Breaches

We are regularly instructed by landlords in respect of all manner of breaches of tenancy agreements; ranging from deposit protection legislation, unlawful sub-letting, nuisance to a failure to provide access.

Residential landlord and tenant disputes require an analysis both of the contract between the parties and the extensive statutory framework that governs this area of the law. If you have a dispute with your tenant, contact our litigation department, who will be able to advise and assist.

Unpaid loans and invoices

We assist individuals who have lent money to friends, family or a business and have not received re-payment as agreed. We ensure that the relevant Pre-Action Protocol for debt recovery is adhered to before issuing a money claim in the County Court by sending a compliant letter to secure payment or agree a payment plan. We also advise clients who are disputing unpaid loans and invoices.

County Court Claims

After the Pre-Action Protocol has been complied with, we can assist with initiating or responding to a County Court claim. We will assist you with complying with the Court’s directions.

If the other side fails to respond to your claim, you can apply for a County Court Judgment against the debtor.

We also assist with enforcing County Court Judgments by sending it up to the High Court for a Writ of Control and instructing bailiffs to recover payment or goods of equivalent value. Alternatively, it may be that a Charging Order is more suitable however we can advise you on the best method of enforcing your judgment.

We assist clients with preliminary matters such as tracing a debtor by instructing tracing agents, engaging in alternative dispute resolution, and considering limitation issues.

If you have received a Pre-Action Protocol Letter/Letter Before Action which urges you to seek independent legal advice, please contact us so that we can discuss your matter and next steps.

Insolvency/bankruptcy

In certain circumstances, it may be appropriate to issue a statutory demand against the individual or company who owes money with a view to presenting a bankruptcy or winding up petition, if certain criteria is met. We can assist with making a statutory demand, presenting a bankruptcy, or winding up petition and deal with subsequent court hearings. We also advise clients who have received a statutory demand, bankruptcy or winding up petition.

Interim applications where default judgment has been entered.

We are often contacted by individuals who have had a county court judgment entered against them incorrectly and/or without their prior knowledge. We assist clients with making an application to set aside default judgment and arranging representation for the subsequent hearing. We also assist clients with the continuing case once judgment has been successfully set aside.

We have experience dealing with various motoring offences such as speeding, using a mobile phone whilst driving, drink driving and driving without insurance or a licence. If you wish to challenge a fine, penalty or have an upcoming hearing please contact us.

If a professional fails to perform their duties and responsibilities to the standard and care expected of them, and as a result you have suffered damage or loss you may have a claim. We have experience with claims against professionals such as vets, solicitors, surveyors and accountants and are ready to advise upon your specific circumstances.