Disputes can be unpleasant and time consuming. They tie up resources and sap your energy. Nevertheless, disputes should not be ignored.
Led by Justin Sadler, our specialist team will advise you on the best way to resolve your dispute, drawing on proven experience with many difficult situations, including:
Going to court
One way to resolve a dispute is with civil litigation. This is where either the County Court or High Court gets involved. It is a big step and you should consider several important points before going ahead. These include your chances of success, the likely costs and whether the defendant will actually be able to pay any judgment if you succeed.
We can prepare your case for trial, represent you and deal with any subsequent enforcement action. We will advise you every step of the way and attempt to negotiate a settlement on your behalf as required. If you want to represent yourself, we can provide you with just the amount of advice you can afford.
We can also help if someone has made a claim against you. We will advise you on your defence, any potential counterclaim, the risks involved and the approximate costs.
For more information on bringing a claim to court, click on the following links:
The Court isn’t the only option for resolving a dispute. Alternatives include adjudication, mediation and expert determination. In appropriate cases you could think about bringing a complaint to an ombudsman, a consumer group or a trade association. We will advise you on your options and help you select the best one.
The builder had been recommended by the architect and they had received an estimate but no formal contract had been signed.
At first matters progressed well and the inevitable variations in design and materials were dealt with appropriately by the builder with a few extra costs being incurred as required. However, after a few months, there was a sudden change in the builder’s attitude. He would often turn up late for work or sometime not at all; he would not reply to his mobile or email and progress on the building works begun to slow considerably.
With winter approaching and an end to the building works not in sight, our client began to get worried as she had young children. On contacting some of the various sub-contractors, it became apparent that they were not receiving payment from the builder and most of them refused to carry out further work without payment up front by the client.
The client asked us for advice and we went through the legal position with the client. We helped the client draft appropriate emails and letters to the builder terminating his contract and appointing a replacement builder in his place.
The client incurred a substantial extra cost to the build, but they knew that they could make a claim against the former builder (provided he remains solvent). The main advantage to the client was the peace of mind gained by knowing what their legal rights were, what they could and could not do and the various options open to them.
We cannot put right what has gone wrong in your business relationships, but we can advise you how to mitigate your losses and discuss the various options available to you so that you do not feel completely at sea with an apparently bottomless pit of money being wasted.
- Justin Sadler