Client Services : Other disputes

Can We Help You?
For a FREE, NO OBLIGATION assessment of how we can help and how much it is likely to cost, please call us on 01788 576384 or complete our Online Enquiry Form.

We deal with most types of disputes. Ongoing training ensures that we are up to speed with not only the law itself, but also the ever expanding pre-action protocols and all embracing procedural rules. Non compliance can have catastrophic costs and other consequences, so expert help from the very beginning is absolutely vital.

We actively encourage Clients to resolve disputes by way of negotiation, mediation and/or arbitration and thus avoid prolonged and expensive litigation.

We also adopt a practical approach to help maintain a sense of proportion. A cost/benefit analysis is conducted at regular intervals. There is obviously little point in spending £1,000 in the hope of recovering the same amount, especially when neither success nor the recovery of costs can be guaranteed. For claims worth no more than £5,000, we are even prepared, in certain circumstances, to agree a fixed fee with you. In other cases, we are willing to consider acting on a “no win, no fee” basis. Where appropriate, we can also arrange “after the event” insurance to cover not only our own charges and expenses, but also those of your opponent. In short, we will do all that we possibly can to remove the financial pressures and uncertainties associated with Court proceedings and enable you to protect and pursue your legal rights.

Whatever legal problem you may have, we are confident that our training, expertise and experience can be used to your advantage. Whilst it is impossible to list here the many different areas of law that we cover, we set out below some of the most common. Please contact us to see how we can be of benefit to you.

Can We Help You?
Simply complete our Enquiry Form and we will soon be in touch with you.

CONSUMER AND CONTRACT

As a founder member of the Warwickshire Consumer Support Network, we are better placed than most to give quality advice and assistance, whether the case concerns defective goods or services, a broken contract or credit.

Whilst the legal maxim “let the buyer beware” still applies, consumers have important rights which cannot be excluded. Consequently, detailed knowledge of the relevant legislation and its application is needed.

Further information can be found on the Network’s website: www.consumerdirect.gov.uk/partners.

Sadly, people do not always pay what and when they should. They may have borrowed some money, brought something or broken some other type of agreement.

Before going to Court, a demand should first be sent to the debtor. If enquiries suggest that they have the means to pay and the likely costs are proportionate to the amount in dispute, you should then proceed as follows:

1. Ensure that both your prospects of success are good and the correct defendant is being sued.
2. Determine your entitlement to interest and calculate the amounts due both to date and on a daily basis.
3. Complete and file the necessary Court papers with the proper fee.
4. Either complete a request for judgment and costs or, if the case is defended, follow the Court’s directions and attend the hearing/s.
5. If no payment is forthcoming, decide which method of enforcement is best and then take the appropriate action.

Of course, further complications can crop up along the way.

Mistakes could enable the debtor to delay the case or even avoid liability. Do not allow this to happen. Contact us today.

Where someone who was living in England or Wales dies, then any person who falls into one of the following five categories can apply to the Court for money from the deceased’s estate on the grounds that the effect of the Will, or any intestacy in the absence of any Will, is such that that person has not been provided with reasonable financial provision from the deceased.

1. Spouse or civil partner;
2. Former spouse or former civil partner who has not formed a subsequent marriage or civil partnership;
3. A child, either of the deceased or treated as such;
4. ‘Any person who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased’; and
5. Any person who was cohabiting with the deceased either as husband and wife or civil partners for two years immediately before the death.

Although the legislation refers to maintenance, the Court has power to order not only payment of maintenance out of the estate but also payment of a lump sum or a transfer of property.

The act provides that a person shall be treated as being maintained by the deceased ‘either wholly or partly … if the deceased, otherwise than for full valuable consideration, was making a substantial contribution in money or money’s worth towards the reasonable needs of that person’.

In considering what order should be made, the Court is required to have regard to the following matters, namely:

1. The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
2. The financial resources and financial needs which any other applicant for an order under the Act has or is likely to have in the foreseeable future;
3. The financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;
4. Any obligations and responsibilities which the deceased had towards any applicant or towards any beneficiary of the estate;
5. The size and nature of the net estate of the deceased;
6. Any physical or mental disability of any applicant for an order; and
7. Any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the Court may consider relevant.

1. The age of the applicant and the duration of the marriage or civil partnership;
2. The contribution made by the applicant to the welfare of the family of the deceased, including any contribution made by looking after the home or caring for the family; and
3. The provision which the applicant might reasonably have expected to receive on a divorce/Dissolution Order.

The Court is also required to take into account an applicant’s earning capacity, financial obligations and responsibilities.

The purpose of the act is to ensure that someone who was previously dependent on the deceased does not suffer hardship on the death of the deceased by no longer receiving financial support.

The act is not about what other people may believe to be morally right or just.

A sound understanding of the law and its application is crucial. Court proceedings may be necessary, with all that that entails. Strict time limits are enforced. We can guide you through the whole claims process.

Whether someone has a share in a property, the legal ownership of which is registered in the sole name of someone else, depends on many factors including:

1. What discussions took place prior to and during the purchase?
2. Who paid for the deposit on the property? If it was borrowed, who was it from? If it was a gift, who was the money from and why was it given? If it was funded by savings, whose were they?
3. Who paid the legal fees, surveyor’s fees and for any other purchase-related expenses, such as stamp duty? Was there any agreement in relation to those funds?
4. Who made the mortgage repayments, and from what funds were they paid, e.g. an individual or a joint account? If it was paid from a joint account, how was that funded? Who paid the other household expenses?
5. Were any structural repairs or alterations carried out, e.g. an extension, new roof, etc? If so, who paid for them and from what funds? Were there any discussions as to the basis on which such payments would be made?
6. Who paid for other expenditure such as holidays, furniture, the childrens’ clothing and equipment etc (if relevant)? What was the agreement between the parties?
7. Whether or not the parties were engaged at any time.
   Such an analysis calls for a detailed knowledge of complicated trust law.

If agreement cannot be reached, the Court’s intervention is required to determine the claimant’s interest in the property and decide its fate. Reference must be made to a statutory checklist and, as with most types of litigation, taxing procedural rules must be followed. Failure to do so could have adverse consequences.

Why not take advantage of our experience in handling such cases?

LANDLORD AND TENANT

Whether you are a tenant or a landlord, you may from time to time have problems or disagreements about the property or the rent.

The law for landlords and tenants is complicated, and your rights depend on the type of tenancy agreement there is. Expert legal help is needed from the outset as a single mistake often has costly consequences. The following matters are particularly important:

Ending the tenancy

Landlords and tenants

1. How much notice is required?
2. Do I have to give any reasons?
3. Must a special form be used?
4. Where do I send or deliver the notice?

Landlords

1. How do I apply for a possession order?
2. Can I include any other claims (for rent arrears, for example)?
3. Who actually evicts the tenant?

Tenants

1. Can I prevent an illegal eviction and/or harassment?
2. Am I entitled to compensation?

Deposits

Landlords
When can money be deducted (for example, for unpaid rent or damage to the property)?

Tenants

1. Can I challenge the amount?
2. When should it be repaid?

Rent increases

Landlords

1. Am I entitled to do this?
2. Do I need to give any notice?
3. Must a special form be used?
4. Where do I send or deliver the notice?

Tenants
Can the increase be challenged?

Repairs

Landlords and tenants
Who is responsible?

Tenants
How do I get the work done?

Improvements

Landlords
Can I put the rent up as a consequence?

Tenants

1. Are these allowed?
2. Must the landlord agree?
3. Can I recover the cost?

Neighbour disputes

Landlords
Am I liable if my other tenants are causing a nuisance?

Tenants
What action can I take?

To protect your legal position please contact us for the answers to these and many other questions.

NEIGHBOUR

Unfortunately, we occasionally fall out with our neighbours, whether in relation to the boundaries, a right of way, noise or some other nuisance. It is vital in such circumstances to know not only your rights, but also how to enforce them. What do your Title Deeds and documents say? Should you involve the Landlord/s, the Local Authority and/or a Surveyor? Perhaps most importantly, what are the likely costs and can they be justified? Contact us now for an initial assessment of your case.

PERSONAL INJURY

Introduction
Over three million people are injured in accidents each year-at home, in their cars, at work or outdoors. In many cases, someone else or something else is at fault and the victim has a right to compensation.

Why use us?
Although personal injury law is complicated, with our help the process of making a claim can be quite straightforward.

Unlike some claims assessors and claims management companies, your case will be handled by a Practising Solicitor with particular experience of this type of case. There is no question of the matter being delegated to someone who is not legally qualified person. You will also meet us in person. Finally, we do not pay any referral fees and are not “tied” to any particular insurance or finance companies or expert witnesses, so you can rest assured that the advice that we give in relation to both your prospects of success and funding options is completely impartial.

Other major differences are:

• A claims assessor can only put your case to the person or organisation you believe is responsible. They cannot take Court action or represent you in Court. This means that if they cannot get compensation for you, but you still feel aggrieved, you will have to use a Solicitor any way. Continuity is, therefore, lost.
• There are no specific rules and regulations covering how claims assessors and claims management companies must work. By contrast, we are regulated by The Law Society. Consequently, we must have insurance in case we make a mistake and have our own internal and external complaints system.

What to do
If you are thinking about claiming compensation, it is important that you contact us as soon as you can. Immediate action is required, depending on the type of accident. There are also different time limits for different types of claim.

What you can claim for
There are two types of compensation you can claim.

1. General damages
   General damages are for the pain and suffering you have had to cope with after an injury.
2. Special damages
   Special damages are for money you have had to pay or earnings you have lost because of an accident.

You can also claim for loss of future earnings if, for example, your injury means you cannot carry on working in your job or profession.

And if a member of your family has been killed, you may be able to claim compensation if they supported you.

Special damages compensation can also cover:

• damage to clothing or other belongings;
• the cost of medical treatment;
• travel costs to hospital for you and visiting relatives;
• ongoing care, therapy or counselling to help you recover from or cope with your injury; and
• the cost of hiring a car or repairing the one damaged in an accident.

If you need to spend money for things related to your accident or injury, try to keep all your receipts. This will make it easier to claim the money back as part of special damages.

What else affects how much compensation I could get?
If a court decides you were partly to blame for your injuries, it may reduce the amount of compensation you get (for example, if you were not wearing a seat belt when you had a car accident).

You may also get less compensation if the other side can prove you did not do what you could to keep your losses to a minimum.

If you have been getting some types of benefit payments because of a personal injury, you may have to repay them from any compensation you get.

Victims of crime
If you have been injured by a criminal act (for example, you were attacked), you may be able to get compensation:

• by claiming from the Criminal Injuries Compensation Authority; or
• if the court orders the person who committed the crime to pay you.

You can claim compensation from the Criminal Injuries Compensation Authority if, for example, you were:

• the victim of an assault; or
• injured while trying to help the police after a crime was committed.

You can also make a claim if you are a close relative of someone who died in either of these ways.

You should report the incident to the police as soon as possible. You must normally apply to the Criminal Injuries Compensation Authority within two years of the incident. However, this time limit may be extended in a few cases (for example, if you are making a claim because you were abused when you were a child).

To apply, you need to fill in an application form which you can get from the Criminal Injuries Compensation Authority. You should get expert help with filling in the form.

A Court may also order someone convicted of a crime to pay you compensation for your injury, loss or damage.

You cannot apply for this compensation yourself. You must give the prosecution as much information as you can about your injuries and losses (for example, lost earnings) so it can put them to the Court. The amount of compensation will depend on what the offender can afford to pay. The most you will get is £5,000.

Can We Help You?
For a FREE, NO OBLIGATION assessment of how we can help and how much it is likely to cost, please call us on 01788 576384 or complete our Online Enquiry Form.