Litigation
The Litigation Department consists of John Lennon, who is an Associate Solicitor with more than 25 years of experience in this field and Kate Williams, a Solicitor, who recently completed her professional training with us.
We can:
- Advise you what the law is and how it relates to your matter
- Advise you on the range of potential alternatives to issuing court proceedings, such as negotiation, mediation and, in some cases, arbitration
- Bring the appropriate action in the correct Court or Tribunal
- Deal with all the requirements of the Court and all necessary paperwork
- Engage specialist barristers or other experts as needed
- Provide you with bespoke advice that is tailored to your particular case throughout and steer you in the direction of the best possible solution, however that can be achieved.
Though the range of disputes is infinite, the more common disputes we have been asked to assist in are as follows:
- Contract Disputes
- Both commercial contracts and more informal agreements often lead to disputes. We are past masters at identifying breaches of contract and considering the application of the law to any set of circumstances, as well as calculating potential levels of damages. We are also able to liaise with other departments within the firm, for example, to help clients ensure that employment contracts for all levels of staff are up to date and effective, or that your standard forms of contracts or terms and conditions are well drafted, so as to avoid disputes arising in the future.
- Debt
- We can advise creditors on legal rights, procedures and the wide range of enforcement options, providing advice that is tailored to your exact circumstances. We have also acted for debtors in the past, negotiating settlements on their behalf.
- Landlord & Tenant - Commercial
- The relationship between Landlord and Tenant is, regrettably, rarely an entirely happy one. Examples of typical disputes include claims for rent and/or service charge arrears, dilapidations, forfeiture, breach of contract and applications to Court for new tenancies under the Landlord & Tenant Act 1954.
- Landlord & Tenant – Residential
- We are experienced in acting for either the Landlord or the Tenant, whether in connection with claims for unpaid rent, return of deposits to tenants, possession claims or unlawful eviction.
- Land Disputes
- Early settlement of boundary line disputes should always be investigated but it is essential that a party is clear on its legal entitlements before entering into a settlement which cannot then be undone.
- Joint Ownership/Co-Habitation
- In recent years we have seen an increase in the number of disputes arising when properties are owned jointly but one party no longer wishes to continue the association. These can be very costly, particularly if the parties do not address the issues early on. We would always suggest that parties buying a property jointly seek the advice of a solicitor as to how to avoid such disputes. Brian Regler, in our property department can assist clients in just that position. If problems have already arisen, we have experience in dealing with such disputes and seeking to negotiate the best possible settlement.
- Employment
- If a compromise cannot be achieved with the advice/assistance of our employment department we can help either employers or employees through the Employment Tribunal process including all procedures and potential settlement negotiations with ACAS.
- Personal Injury Claims
- We can deal with injury claims where the injury has been sustained through no fault of the victim. The claims which can be brought include loss of earnings and damages for pain and suffering.