Specialist Litigation and Dispute Solicitors
Getting involved in a private legal dispute is never easy and can be a hugely stressful experience. Whatever your problem, our experienced litigation and dispute resolution solicitors can help you.
Our Dispute Resolution lawyers regularly handle a wide range of cases locally from our offices in in Salisbury, Andover, Fordingbridge and Amesbury throughout Wiltshire, Hampshire, Dorset and further afield.
We can provide the right specialist practical legal advice and representation you need whatever your dispute, whether it’s small or large.
Worried about getting involved in a legal dispute? Let us put your mind at rest. Just call FREEPHONE 0800 1404544 or one of our local office numbers [see below] for FREE initial phone advice with no strings attached.
Please note, we are usually unable to help people with non-personal injury small claims under £10,000 – for the simple reason that you cannot normally claim your legal costs back from the other side, even if you win.
How our Dispute Resolution team can help you
Our team of litigation solicitors have extensive experience of a wide variety of litigation claims, including the following:
- Adverse possession – Click here to read more
- Building and construction disputes – read more
- Conflicts with suppliers or service providers
- Contract disputes
- Debt recovery and enforcement
- Freeholder Leaseholder disputes – read more
- Inheritance Act Claims, Disputed Wills and Contested Probate
- Inquests – click here for more information about our highly specialist inquest advice service
- Japanese Knotweed Compensation claims– read more
- Joint Property Ownership Disputes – read more
- Landlord and tenant problems
- Neighbour disputes – read more
- Property disputes – read more
- Professional negligence compensation (particularly negligence claims against Solicitors, Accountants, Surveyors and Architects). Please note we are particular experienced in running these kinds of claims against negligent professionals and are members of the Professional Negligence Lawyers Association. Click here to read more about how our professional negligence solicitors can help you
- Shared freehold disputes – click here to read more about Shared Freehold Disputes
We also have a wealth of experience advising on a wide variety of business litigation – click here to find out more about how our commercial dispute solicitors can help you.
FREE initial advice – put your mind at rest
When it comes to civil disputes, many people can become really worried and don’t really know where to start. That’s why we offer FREE initial phone advice – simply call one of our team for a no strings attached initial chat on the phone – completely free.
Small Claims
Small claims are for straight forward cases, compensation or money back, which do not involve large amounts of money (usually under £10,000).
Unfortunately, it’s usually not going to be cost effective for you to instruct Solicitors when making this type of legal claim because legal costs are not awarded – even if you are successful in the Small Claims Court. In other words, even if you win your case you can’t recover your legal costs from the other side. Different limits apply to personal injury and medical negligence claims.
As a result, we are usually unable to help people with non-personal injury small claims under £10,000.
However, You will find some useful information on how to make a small claim, and whether it is the right route for you on the Citizens Advice website and everything you need to make the claim is on the GOV.UK website at https://www.gov.uk/make-court-claim-for-money
The importance of early legal advice
Whatever your problem, it’s really important that you get the right legal advice early on – from a law firm with plenty of dispute resolution experience.
So don’t delay or worry about dealing with the problem yourself – get in touch with us for free initial telephone legal advice and put your mind at rest
Alternative dispute resolution
Going all the way to a fully contested court hearing is slow, highly stressful and can prove very expensive indeed. Going all the way to a fully argued final hearing can take years – and sometimes, the only winner appears to be the lawyers.
That’s why, although we will always fight your corner, we strongly recommend that whenever it is possible, we will help you to settle your case by negotiation. In particular, alternative dispute resolution (ADR) methods such as mediation and arbitration often proves really useful to both parties and regularly avoids the need for a contested court hearing.
In addition, ADR procedures tend to be more informal and much less adversarial than going to court – and, strongly encouraged by the courts, they are available this at any stage of a case.
Click here to read more about Alternative Dispute Resolution
Going to court
Sometimes however, you simply can’t avoid going to court.
If you do become involved in a fully contested court hearing, our team will support you all the way – from initial advice and preparing all the necessary documentation, all the way to arranging representation in court – and will explain to you every step of the way so you know exactly what’s going on.
How can I pay for my case
Don’t worry! Our team can discuss with you the best ways for funding your particular case.
However, in broad terms you have three funding options;.
- Paying privately
There are a number of options available if you choose to fund your case yourself. Some cases, or part of cases, are available on a fixed fee basis – but rest assured that with all cases, you will get an estimate at the beginning of how much your case is likely to cost – and regular updates, to let you know if there have been any changes to the likely costs. To help you manage your legal costs, we can also make available monthly payment plans if that suits you best.
- No win no fee
Here at Bonallack & Bishop, no win no fee arrangements (also called conditional fee arrangements) are available for both medical negligence and personal injury compensation claims. Your solicitor will discuss whether no win no fee is available or right for your particular case.
- Legal expenses insurance cover
It’s definitely worth checking whether you have legal expenses insurance which might cover your legal bills. You may be surprised. In fact a UK Ministry of Justice report found that 59% of us do actually have some form of legal expenses insurance. If you’re not sure whether your legal expenses insurance covers your particular case, just ask us to take a look at your policy and we will check whether your case could be covered under your insurance.
Legal expenses cover is often added onto home insurance policies, but may also form part of a credit card insurance policy. This sort of policy is called BTE or before the event insurance.
Do I have to use a panel solicitor when claiming on legal expense insurance?
If you are thinking about legal expenses insurance to help fund the costs of a case, it might come as a surprise to hear that your insurance company cannot force you to choose from their list of approved lawyers.
Insurance companies often have a list of approved legal firms who offer different types of services for clients. These solicitors might well be suitable for your individual case, but in many cases you might prefer to work with a local solicitor, or one with experience and knowledge of your particular circumstances. If this is the case, you have the right to choose your own legal representation.
Our litigation team includes experts in a wide range of different cases including accident claims, professional or medical negligence, contested probate and partnership disputes.
So for example, if you are involved in a professional negligence case which is covered by your legal expenses insurance, then we could have more specialist expertise than the panel solicitor recommended by the insurance company.
FAQs
Can I sue my neighbour for emotional distress?
If your neighbour has caused you emotional distress, you are strongly advised to speak to a solicitor. You should not have to live with this sort of pressure, and it is recommended that you take prompt action to stop the harassment.
If you want to sue your neighbour for emotional distress, you will need to show that you suffered extreme upset and that their actions were intentional or that your neighbours were reckless as to your wellbeing.
If you are being harassed by your neighbour, the courts always prefer that matters are settled out of court wherever possible. We can advise you of the strength of your case and the options open to you. This could include alternative dispute resolution such as mediation, which can help resolve matters and reduce the level of conflict.
Harassment is a criminal offence. Obtaining an injunction in the civil courts may also be possible to prevent your neighbour from continuing with their behaviour. Breaching an injunction is a criminal offence.
Do I have to declare resolved neighbour disputes when I sell my house?
If there has been any dispute or complaint relating to your property or a property nearby, you must declare this on form TA6 when you sell your house. This includes any resolved neighbour disputes. It is open to you to state that the dispute has ended when giving details of the issue.
You must also declare anything that might lead to a dispute about your property or a property nearby.
What is a TA6 form for neighbours?
Form TA6 is the Law Society’s Property Information Form and if you are selling a property, your solicitor will ask you to complete a copy. This is sent to the buyer and their solicitor so they have a range of information about the property.
If you and your neighbour are involved in a dispute, you must put the details on the form. You must also state whether you know of anything that might lead to a dispute about your property or a property nearby.
Similarly, if your neighbour sells their home and you are in a dispute with them, they must declare this if they fill in form TA6 for their buyer.
