Litigation

We offer a fully supported service to clients who are faced with the prospect of court proceedings, either because they have opted to go to court themselves or because they are faced with court action which they wish to oppose.

There are many different reasons why a client may find that the only way to resolve their dispute is via court proceedings, but in every case we aim to reassure our clients as to the procedures and costs of a court case.

This means that we seek to identify what the dispute is about, and if necessary, obtain as much information as is required to give our clients accurate and timely advice as to the prospect for success, and the best way we can go forward in partnership to a resolution of the dispute.

We also encourage our clients to consider alternative dispute resolution - for example, through mediation before or during the court process.

We can advise you regarding disputes in the following areas:

  • Business and partnership
  • Company and commercial
  • Contractual matters
  • Debt, private and company insolvency
  • Employment
  • Land law and trusts
  • Wills & Probate

Contractual Disputes
Common examples of a contractual relationship are:

  • A partnership or joint venture agreement
  • Agency agreements
  • Distribution agreements
  • Construction projects
  • A loan agreement

The possibilities for disputes arising out of a contract are literally endless. Any contractual relationship has the possibility of litigation if one party feels aggrieved or feels that they are not being treated fairly in accordance with their contracts - for example, non-payment or non-performance of the other party's obligations, misuse of confidential information or delay in performance.

Obtaining objective legal advice in such situations can be invaluable and could potentially save you unnecessary legal costs, which can be high.

We will advise you on your position, whether you are bringing a case or defending it. We advise on the best course of action in order to deal effectively and efficiently with the matter at hand. This could be a matter of a simple letter from us, which may bring the matter to a close, or employing another method of resolution such as alternative despite resolution. If this matter proceeds to court, you should be aware that it is time consuming and costly and it is our aim to try and find the most suitable and practical solution.

We work closely with you (whether corporate or individual) to identify objectives and agree timescales. The costs/benefit analysis of the whole process is kept under constant and careful review

Trusts/Inheritance Disputes
An unmarried partner of someone who dies intestate has no automatic right to that person’s estate. The same applies to a same sex partnership where the parties are co-habiting without the benefit of a 'Civil Partnership'. Nevertheless, such partners can be considered as having an entitlement to the deceased’s estate and may wish to pursue a financial claim.

A dependant can also make a claim against a deceased’s estate.

As a beneficiary under the terms of a will you may want to know more about your rights. We can help identify what rights you have and help you to achieve a just resolution. We can also assist you towards a better understanding of a trust deed.

Alternatively, if the only way forward is to initiate court proceeding, then we can also act for you in such proceedings.

Property Disputes
There can be a number of disputes between property owners. Such disputes can include:

  • Where a landowner needs to take or defend proceedings in relation to the extent of his boundary or rights over his or adjoining property;
  • Where one joint owner of a property requires the property to be sold and the other owner refuses to sell;