Our Services
Our range of services include the following:
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Actions against Public Authorities
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Agriculture and Landed EstatesWe 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. |
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ARBITRATIONArbitration 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. |
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BUSINESS SALES & PURCHASESAcquiring 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. |
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CIVIL LITIGATION/COURT ACTIONCivil 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 |
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COMMERCIAL CONVEYANCING
We also have extensive experience of planning uplift agreements |
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Settlement/ compromise Agreements / Non-Disclosure AgreementsA 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). |
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coSTSLegal 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. |
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DEBT COLLECTIONWe 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. |
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dEVELOPMENT LAND, UPLIFTS & optionsOur 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. |
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Dispute resolutionIn 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. |
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Disputed willsWe 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 |
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Employment LAWOur services include:- |
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Enforcement ActionsIf 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. - 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 |
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landlord & tenantWe 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. |
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lasting powers of attorneyA 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 |
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mediationMediation, 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. |
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negligencEActions against professional bodies, including:- - Solicitors - Barristers - Accountants - Doctors - Surveyors - Dentists |
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neighbour disputesWe 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. |
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personal injuryWe 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). |
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possession claimsWe 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. |
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probateA 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. |
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public INquiriesWe have experienced solicitors in relation to defending public inquiries, especially relating to the Department of Transport. |
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residential CONVEYANCINGWhether 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. |
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settlement agreementsA 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. |
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transfer of equityOur 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 |
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trusts
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 |
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willsMaking 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. |
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