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Litigation and Dispute Resolution

It is our mission to provide you with a solution to your dispute, focused upon your needs, always aiming for a successful outcome in the most cost effective manner. Whether you are looking to bring or defend a claim we offer a wealth of experience in handling and resolving disputes both businesses and individuals.

We use our experience to guide you through the world of contentious litigation procedures in a professional manner. We use pre-action protocols and alternative dispute resolution such as negotiation and mediation to keep your dispute out of court wherever we can. We actively explore your options to try and find a solution that is right for you as quickly as we can. We provide reliable cost information at the outset, and if you are eligible for assistance under your own Legal Expense Insurance policy we will help you seek funding from insurers wherever possible. We look at each case individually and if appropriate undertake no win no fee arrangements backed by insurance from a leading After The Event Insurance underwriter. To assist those clients who want just initial advice to clarify their legal position we offer a fixed fee initial interview of £150 plus VAT. We will also speak to you without obligation on the telephone to assess whether we can help before you commit to seeing us.

We specialise in a wide range of work:

Partnership, company and shareholder disputes;
Contract disputes for business and individuals;
Negligence claims and professional negligence claims;
Agricultural law disputes acting landlords and tenants in relation to Agricultural Tenancies and the RPA;
Recovery of debts
Property litigation experience dealing with boundary disputes, right of way disputes and restrictive covenant disputes;
Public Inquiry advice in relation to public rights of way;
Disputes involving common land and village greens;
Mobile Home Act disputes;
Residential Leasehold Disputes;
Business tenancy litigation for landlords and tenants including forfeiture breach of covenant disputes, dilapidation claims, and business tenancy renewals;
Residential tenancy disputes acting for landlords and tenants in possession claims and tenancy deposit disputes
Insolvency disputes for companies, directors and individuals;
Contentious Probate and Intestacy disputes regarding the validity of wills.

Frequently Asked Questions

When is the best time to consult you in respect of a potential dispute?
The short answer is at the earliest possible opportunity. The sooner you seek advice, the sooner we can advise on your legal rights and the merits of your case. You can then take a commercial decision based upon this advice and in the full knowledge of the options available. You can consider whether litigation is the best alternative or whether another form of dispute resolution would be better. Steps to mitigate any potential loss can also be put in place at an early stage where necessary. There is more chance of a successful outcome the sooner the problem is addressed.
How much will it cost me?
We recognise costs of litigation are always a concern so we will always discuss your options for funding your case. You may have legal expenses insurance (often as part of a household, motor or business insurance policy), which may be used to fund your claim. You should look into before instructing us on a private basis.

If you want to fund your case privately we will do our best to estimate your likely legal costs before carrying out any work. For privately funded work, we charge by the hour, the rate depending on the experience of the lawyer. Your costs will very much depend upon the amount of time spent by us but we will keep you updated and provide regular cost estimates though your matter.

We offer an initial fixed fee appointment for £150 per hour plus VAT. This can be helpful in providing you with an initial consultation to discuss your case and we can advise you as the options available to you. We can also discuss our anticipated costs if further work is required. If you would like to arrange a fixed fee appointment, please feel free to call us.
Is there an alternative to going to court?
Going to court should always be considered as a final resort. There are many other alternative methods of dispute resolution. These are often effective at producing a solution at less cost. We can discuss these alternative dispute resolution procedures with you at the outset. One option is mediation which is a means of resolving a dispute using an independent and trained third party to help the parties find a compromise. The mediator cannot impose a solution. It is voluntary and confidential, which means that you are free to withdraw from it at any time and proceed to court. Whilst not all disputes are suitable for mediation the success rate is high.
Can I recover my costs from the other side?
If the claim is worth £5,000 or less (known as a ‘small claim’) then the normal rule is that neither side will be responsible for the other side’s legal costs, irrespective of the outcome. The small claims track is designed so that people can represent themselves and so it is not cost effective to instruct a solicitor. Small claims cases will be dealt with relatively quickly and trials will be relatively informal. It may be that a one off fixed fee appointment is all that is required for you to discuss your legal position and the small claims procedure. Nevertheless we can give you advice on the dispute and our fixed fee arrangement is popular with clients who need preliminary advice prior to dealing with the claim.

If the claim is worth over £5,000 then the normal rule is that the loser will be ordered to pay the winner’s costs. However, it is important to understand that the court has a discretion when making orders about costs. Any costs a party is ordered to pay will usually be “assessed” (i.e. determined) by the court. It is unlikely that you will recover all of your costs and normally a winning party can expect to recover around 70% of their legal costs.
Can the case settle before trial?
The majority of disputes settle before trial. This means that there is every possibility that your case will be settled either before or after the issue of legal proceedings. A case can settle through negotiation between the parties and their solicitors or through alternative dispute resolution such as mediation.
How long does it take to get to trial?
How long a case takes to get to trial depends on a number of factors, such as the amount in dispute, the complexity of the issues and how busy the court is. A small claim might only take a few months to get to trial, whereas a larger, more complex case might take up to a year or more. It is important to understand that litigation is rarely a quick fix to a problem.
How long will it take me to get paid if I win my case?
The court’s decision will be recorded in a judgment which will state how much the other side has been ordered to pay and by when they must pay it. They should make payment without any further action being necessary. However, the judgment will not be enforced automatically by the court. If the loser fails to pay this amount on time, you will then have to take steps to enforce the judgment. Such methods of enforcement include execution (i.e. the seizure and sale of the loser’s goods by a court bailiff or enforcement officer), charging orders on the loser’s property and bankruptcy/winding-up proceedings (i.e. depending on whether the loser is an individual or a company), we will give you advice on enforcement procedures.
How do I know that someone is worth suing?
If you know your opponent has no money, then commercially there is no point in spending money to end up with a court judgment that cannot be enforced. We will discuss the position with you at the outset.

In relation to individual debtors/defendants, we frequently advise carrying out a land registry search to see if he is the registered proprietor against which any judgment can be enforced. The cost of a search is minimal, and can be conducted online. You may also wish to carry out a more in depth credit check, against an individual or company, and spend some time investigating the assets held. This can be important particularly where it is suspected that assets have been transferred between companies, or even individuals, to avoid any financial responsibility. Knowledge of assets and the ability to pay is key to a successful outcome.