Our Services


Our range of services include the following:

Service Specialist
Actions against Public Authorities
  • Breach of rights
  • Misfeasance in public office
  • Actions against the police, Home Office and Local Authorities

Paul Gardener

Agriculture and Landed Estates

We have a strong rural practice and act for a substantial number of farmers, land owners, and landed estates, both individuals and trustees. We can assist with the buying, selling and letting of agricultural land, development uplifts on potential building land, the structuring and protection of farms and estates through partnerships, trusts or otherwise and both short and long term tax planning, especially with regard to Inheritance Tax.

Robert Marchant

ARBITRATION

Arbitration is a form of alternative dispute resolution (ADR), and is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons by whose decision they agree to be bound.

It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.

Arbitration is most commonly used for the resolution of commercial disputes. Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a contract that is voluntarily entered into, where the parties agree to hold all disputes to arbitration, without knowing, specifically, what disputes will ever occur) and can be either binding or non-binding.

Non-binding arbitration is, on the surface, similar to mediation. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable.

Paul Gardener

BUSINESS SALES & PURCHASES

Acquiring or disposing of a business can be fraught with difficulty. A purchaser will be concerned that he does not inherit unexpected or un-quantified liabilities, and a vendor that he is not exposed to ongoing risks arising out of the business he has parted with. We act for both vendors and purchasers of a variety of businesses, both by way of asset transfers, and share sale agreements, especially those with primarily property interests, but also trading and investment companies.

Robert Marchant

CHILD CONTACT

The courts can make residence orders to decide with whom children live and contact orders to decide how often they see the other parent. We can help you to negotiate contact and make an application to court if necessary. We have won many residence cases particularly where one parent has wished to remove the children abroad or resisted such an application.

Rosalind Blaza

CIVIL LITIGATION/COURT ACTION

Civil litigation is a process for resolving public and private legal disputes on civil matters through negotiation or through the courts. In 1999, new rules (the Civil Procedure Rules) were introduced in order to improve access to justice.

In suitable cases, we are willing to act for you on a Conditional Fee Agreement (ie. no-win, no-fee or no-win, discounted-fee).

Our services include:-

- Personal Injury claims

- Debt Collection

- Contract Disputes

- Professional Negligence claims

- Actions against solicitors

- Public inquiries

- Defamation actions

- Neighbour disputes

- Employment disputes

Paul Gardener

Richard Satyanadhan

CIVIL PARTNERSHIPS

In December 2005 the Civil Partnership Act came into force whereby same-sex couples could enter into a civil partnership similar to marriage. Those couples have similar rights as married couples on divorce so that they can seek the dissolution of the partnership through the courts and claim financial relief. We have already brought such proceedings on behalf of clients in the High Court in London.

Rosalind Blaza

COMMERCIAL CONVEYANCING


As well as development land work, a particular speciality, the firm deals with all commercial property transactions including the sale, purchase and letting of offices, shops, warehouses and other industrial premises.

We also have extensive experience of planning uplift agreements

Robert Marchant

Settlement/ compromise Agreements

A settlement or compromise agreement is a statutory arrangement under Section 203(3) of the Employment Rights Act involving an offer from an employer to an employee to agree to mutually terminate the employment relationship, usually to pay salary to a certain date, to pay part or all of the contractual notice period and often make an ex gratia payment (which can be partially tax free).

To be legally binding the employee must have received separate, independent legal advice, generally paid for by the employer.

Please contact us for thorough, expert and impartial advice if you have been offered a compromise agreement or if you are an employer wishing to avoid possible claims arising on redundancy or disputes with employees.

Paul Gardener

coSTS

Legal costs is an increasingly complex and specialist area of law and practice.

With the implementation of the Jackson Reforms in April 2014, significant issues continue to occupy the courts at all levels.

We are pleased to offer advice in relation to any disputes arising within the area of costs, whether you are endeavouring to recover your costs, or seeking to defend a claim for costs, following litigation.

There may also be instances where you are unhappy with costs that you have been charged for your legal advice from a solicitor, barrister or claims management company, and we would be pleased to provide advice on the reasonableness of any such charges, and what options may be open to you.

Richard Satyanadhan

DEBT COLLECTION

We have an experienced litigation team to assist in all aspects of the process to recover outstanding monies due to you from the initial letter before action stage, through to enforcement actions to realise monies where a Judgment has been successfully obtained.

We also act for debtors in defending actions made against them.

Paul Gardener

Richard Satyanadhan

dEVELOPMENT LAND, UPLIFTS & options

Our Senior Partner Robert Marchant, has long experience in the property development industry, having acted for many years for major national property developers, as well as landowners selling to them. His experience ranges from individual plots and small scale farm building conversions to really substantial sites involving hundreds of units. He has long experience in the difficult areas of options, conditional contracts and overage or uplift agreements.

Robert Marchant

 

 

Dispute resolution

In litigation, ADR (Alternative Dispute Resolution) must be discussed.

It is a valuable and cost-efficient weapon in the armoury of dispute resolution, both before and during the formal litigation and Court process.

Methods of ADR can include mediation and arbitration.

Paul Gardener

Disputed wills

We deal with all forms of disputes relating to Wills, Estates and Trusts.

We have experience in handling matters of this type and examples of the cases include:

- Bringing and defending proceedings where inadequate provision has been made in a Will, under the Inheritance (Provision for Family and Dependants) Act 1975

- Claims regarding the validity of a Will, whether due to a lack of testamentary capacity, undue influence or improper execution of Wills.

- Disputes relating to the interpretation of the terms of a Will.

- Claims relating to agreements made before death.

- Disputes over the identification of beneficiaries.

- Professional Negligence Claims relating to the negligent drafting of Wills and Trusts

- Claims for the rectification of wills and trusts

- Contentious applications to the Court of Protection

Vanessa Schomberg

Richard Satyanadhan

DIVORCE

Divorce is the legal process of ending a marriage and the ground for any divorce is that the marriage has broken down irretrievably which is proved by either adultery, unreasonable behaviour, desertion, or 2 or 5 years separation.

Here at J Garrard & Allen we will guide you through this process with the least distress. We act for both husbands and wives.

Robert Marchant brings his commercial and property experience to bear on negotiations in complex and high value cases.

Rosalind Blaza

Employment LAW

Our services include:-

- Drafting and advising on contracts of employment for both employees and employers.

- Advising on restrictive covenants

- Advising both employers and employees on unfair dismissal, wrongful dismissal, notice period and discrimination.

- Advising and assisting in Employment Tribunal matters.

- Drafting and advising on Compromise / Settlement Agreements.

Paul Gardener

Enforcement Actions

If you are unfortunate enough to be owed monies, the obtaining of a Judgment against the debtor is at times not the most difficult aspect of the procedure.

The recovery of monies after the obtaining of a Judgment is becoming more onerous than the actual obtaining of the Judgment itself from the Court.

The Courts will not enforce the judgment unless you ask it to. We have experienced solicitors to assist in firstly deciding which enforcement route to be taken, and then assist in the actual enforcement itself.

Enforcement procedures include:-
- An oral examination of the Debtor

- A warrant of execution

- An attachment of earnings order

- A third party debt order

- A charging order

-Transferring of the Judgment to the High Court

Paul Gardener

Richard Satyanadham

 
financial issues

If a separating couple can agree financial issues then we can draw up a formal agreement, a consent order if there is to be a divorce, or a separation agreement if not.

Sometimes however, financial issues cannot be agreed and it is necessary for court proceedings to be issued. We are experienced in dealing with large and small asset cases, and acting for both husbands and wives.

We also offer collaborative law or referrals to mediation.

Rosalind Blaza

 

landlord & tenant

We act for both Landlords and Tenants in drafting and negotiating commercial leases of shops, offices, factories, warehouses, flats and houses. For tenants especially, negotiation of repairing covenants, options to break, and rent review clauses are a particular speciality.

We also assist a large number of our farming clients with the letting of commercial units in converted farm buildings.

Robert Marchant

Rennie Chambers

lasting powers of attorney

A Lasting Power of Attorney is a legal document that you make using a special form. It allows you to choose someone now that you trust to make decisions on your behalf about things such as your property and financial affairs or health welfare at a time in the future when you no longer wish to make those decisions or you may lack the mental capacity to make those decisions yourself

Vanessa Schomberg

Glen Webb

mediation

Mediation, is a form of alternative dispute resolution (ADR), and is a way of resolving disputes between two or more parties.

A third party, the mediator, assists the parties to negotiate their own settlement.

Mediation has a structure, timetable and dynamics that ordinary negotiation lacks. The process is private and confidential. The presence of a mediator is the key distinguishing feature of the process.

A mediator will not decide on the case, but will assist in attempting to bring the parties of a dispute to an agreement suitable to both sides.

Unless signed by all parties, a decision of the mediator is not binding.

Paul Gardener

negligencE

Actions against professional bodies, including:-

- Solicitors

- Barristers

- Accountants

- Doctors

- Surveyors

-  Dentists

Paul Gardener

neighbour disputes

We both bring and defend such actions.

Our experienced team have not only the legal skills required, but are also aware that the upset such cases can cause is paramount.

We have experienced and knowledgeable solicitors well qualified to deal with noise problems, boundary disputes, anti-social behaviour and all manner of neighbour disputes.

Paul Gardener

Richard Satuanadhan

 

personal injury

We act in a wide variety of cases, from everyday injuries to catastrophic brain damage and loss of life cases.

Mr Gardener, a partner of the firm, also lectured at the University of Central England on advanced litigation, including personal injury.

We may also be able to act on your behalf with the benefit of a Conditional Fee Agreement in suitable cases (ie. No-Win, No-Fee or No-Win, Discounted-Fee).

Paul Gardener

 

possession claims

We act for both landlords and tenants in possession claims in both residential and commercial premises.

Mr Gardener and Mr Satyanadhan of J Garrard & Allen acted for the successful appellant in the landmark Court of Appeal case of Akici -v- L R Butlin Limited.

Paul Gardener

Richard Satyanadhan

 

probate

A Will invariably names the people the person wants to deal with his property and possessions after he dies. They are called his executors and his property and possessions are called his estate.

A person's estate can include land, savings, insurance policies, furniture, paintings, clothes, cars and any other personal effects.

The executors' main role is to carry out the wishes of the deceased person, as stated in his Will. It includes:

- finding out the total value of the deceased person's estate;

- obtaining the official document from the Probate Registry of the High Court that proves they are the people entitled to deal with his estate - known as the Grant of Probate;

- paying his debts or expenses, using money from the estate; and

- distributing the remaining property and money in the estate to the beneficiaries in accordance with the Will.

There can be between one and four executors, though two is most common. They are usually trusted friends and/or relatives, although a professional person may have been named.

Our probate department is very experienced and is highly recommended. They are able to assist in all steps in the administration process.
 

Vanessa Schomberg

Glen Webb

public INquiries

We have experienced solicitors in relation to defending public inquiries, especially relating to the Department of Transport.
 

Paul Gardener

 

residential CONVEYANCING

Whether you are buying, selling or remortgaging a property, our experienced residential conveyancing team are on hand to guide you through the process, and offer a proactive and professional service dealing with all your property matters.

The only contact many people have with a solicitor is when they are buying, selling or re-mortgaging their home. For many people, it is probably one of the biggest commitments they will make in their lifetime and we offer a comprehensive service to ensure each transaction proceeds as swiftly as possible with the minimum amount of stress.

Our range of services includes:-

- Sales and purchases of unregistered and registered freehold and leasehold residential properties including shared ownership leases.

- Declarations of trust to protect equitable interests.

- Mortgaging and re-financing of residential property, and preparation of legal charges.

- General advice associated with residential property e.g. land registry and title problems.

- Tenancy agreements and other aspects of residential landlord and tenant law (please see also our section on Landlord & Tenant).

The quality of our residential conveyancing service is illustrated by the amount of repeat business we receive over the years from satisfied clients and from those to whom we have been recommended. We are well known for our expertise and experience in residential property matters.

Our clients include private individuals, trustees, companies, builders, landowners and farmers who all have a common need for specialist yet cost effective advice.

We will provide an estimate of our legal fees together with a breakdown of the additional fees required in each case. This will enable you to budget properly for your transaction.

Robert Marchant

Anne McCallum

Rennie Chambers

Glen Webb

settlement agreements

A compromise or settlement agreement is a statutory arrangement under Section 203(3) of the Employment Rights Act involving an offer from an employer to an employee to agree to mutually terminate the employment relationship, usually to pay salary to a certain date, to pay part or all of the contractual notice period and often make an ex gratia payment (which can be partially tax free).

To be legally binding the employee must have received separate, independent legal advice, generally paid for by the employer.

Please contact us for thorough, expert and impartial advice if you have been offered a compromise agreement or if you are an employer wishing to avoid possible claims arising on redundancy or disputes with employees.

Paul Gardener

 

transfer of equity

Our services include:-

- Transfers of land and/or property by a gift or otherwise

- To assist in Inheritance Tax Planning and general estate planning

- In compliance with Court orders within matrimonial disputes

- Communication with lenders in connection with compliance with the CML Handbook

Anne McCallum

Glen Webb

trusts


A Trust may be created during a person's lifetime, on death by a Will or under the Intestacy Rules where a person does not leave a Will. The creation of a Trust is the alternative to giving property to someone outright.

A Trust comes into being when assets are transferred by an individual to Trustees who hold these assets for the benefit of one or more persons who will receive income and/or capital from the Trust.

The requirements for trusts to achieve tax benefits are complex and it is vital to seek professional advice before creating any form of Trust. The administration of any Trust may also have complexities. Our experienced team are able to:

- Advise on Trusts in connection with your personal circumstances.

- Draft Trust Deeds and associated documents

- Administer the Trust

- Act as Trustees, where appropriate

Vanessa Schomberg

Robert Marchant

Glen Webb

wills

Making a will is something that everybody should do. We realise that you need to be given all the necessary information and alternatives to enable you to make an informed decision about the contents of your will, and any tax or other implications. Our experienced lawyers can help with this.

Regardless of the nature of your estate, we will ensure that your wishes to see it go to the right people, at the right time, are fulfilled.

Vanessa Schomberg

Glen Webb

Robert Marchant