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
What is 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.
ADR is a broad term, and includes a number of techniques or options with the purpose of assisting parties in a dispute to reach a settlement. 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. The Courts are very clear that litigation is the last resort, and that there is an expectation that ADR is used before commencing any proceedings. However, at present, there is no compulsion to mediate, although a failure to do so can result in sanctions being imposed by the Courts, at a later date.
Different types of Alternative Dispute Resolution
There are a number of alternative forms of ADR including the following:
- Negotiation and “round table” meetings
- Mediation
- Conciliations and ombudsmen
- Early Neutral Evaluation
- Arbitration
Of these options, negotiation and round table meetings, along with mediation are the most commonly used.
What is mediation?
Mediation is a confidential, private and flexible process in which the parties to a dispute appoint a neutral and trained independent mediator to assist with the negotiated settlement.
One of the main providers of Mediators, CEDR, describes the process as:
“A flexible process conducted confidentially in which a neutral person actively assists the parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution”.
A mediation takes place on a “without prejudice” basis. In other words, if a settlement is not reached in a mediation then everything discussed is confidential and cannot be referred to in legal proceedings.
When does mediation take place?
A mediation can take place at any stage before or during the course of court proceedings. If necessary, it can be carried out in parallel with court litigation.
Do I have to take part in mediation?
No, mediation is voluntary. However, a refusal to mediate can result in the Court imposing sanctions if the dispute is litigated. Such sanctions can include costs.
How does mediation actually work?
As to the process, once the parties have agreed to participate in a mediation, a mediator is appointed usually by reference to service providers which train and appoint mediators to resolve disputes. Following the appointment of the mediator the parties will prepare Position Statements setting out the relevant information, and the issues, for the mediator. The Position Statements are only exchanged with the other party by prior agreement. The parties will then agree and fix the date for the mediation, which can take place at either a neutral venue or hosted by one of the Solicitors instructed in the dispute.
The mediation day will usually commence with the mediator meeting each party and their lawyer, if they have one, in separate rooms to ensure that the attendees are ready to participate, and that they fully understand the process.
The mediator will then bring all the parties together in one room. The mediator will give a brief overview of the process and confirm that the mediation is taking place on a confidential basis. The parties are then encouraged to give their opening statements before the parties return to their private rooms.
The mediator will then move between the rooms and assist with the development of possible terms of settlement. These discussions are entirely confidential, and nothing can be disclosed to the other party without their express consent. The mediator will assist the parties in reaching a settlement of the dispute. In reaching any settlement the mediator may act as “devil’s advocate” in testing the strength of as case but will never take sides or impose a settlement. If the parties can agree then a binding settlement agreement in writing is prepared, and signed by the parties.
Does mediation work?
In summary, mediation is a quick and cost effective process, and the majority of cases referred to mediation do settle. In our experience, mediation can be highly successful. The process is private and confidential. Mediation can take place at any stage. As a process, it allows the parties to understand better the other side’s underlying interests, and to be creative in reaching a settlement.
Mediation is a flexible process managed by a trained and independent neutral, the Mediator, who assists the parties to reach terms of settlement. The process is confidential and private.
Are there any circumstances when ADR might not be appropriate?
Yes – sadly not all cases are suitable for resolution by ADR. In particular the following circumstances may not be appropriate:
• when there is a limited time period action has to be taken. If there is a rapidly approaching time limitation – a formal claim may be necessary – at least to start with
• when one of the parties is simply not prepared to negotiate, or the differences between the two parties are so huge that there is no realistic chance of a successful negotiation at any stage
• when one of the parties is pursuing a claim for the purpose of making trouble
How you can tell we are real Alternative Dispute Resolution Specialists
Here at Bonallack & Bishop, we have been committed to mediation and other forms of ADR for many years. And that practical experience can make all the difference in achieving a satisfactory settlement of your dispute, with the minimum of cost, delay and distress.
Why isn’t Alternative Dispute Resolution used more often?
That’s a really good question. There is still a widespread view that ADR is under-used, and too little known. Further, the public awareness of ADR is extremely limited.
As to businesses and commerce, there is more understanding as to the benefit of ADR, and the early settlement of disputes between businesses. It is now more common to include in commercial contracts dispute resolution terms, which set out a “tiered” process, including ADR, to be followed before any proceedings may be commenced.
In general, however, ADR is currently being used in a disjointed, and insufficiently integrated fashion.
In summary, when civil disputes arise there are tried and tested alternatives to litigation. A recent Court survey found that 68% of all litigants contacted said they would have preferred to avoid Court proceedings if at all possible.
ADR is widely available, and should be encouraged at the outset of any dispute: the use of ADR should, in no way, be seen as a sign of weakness. It should become an integral part of the dispute resolution process.
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.
