COURT ACTION & DISPUTES


CIVIL LITIGATION

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

Who can help you with this...

Paul Gardener          Richard Satyanadhan

 

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

Who can help you with this...

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.

Who can help you with this...

Paul Gardener          Richard Satyanadhan

 

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.

Who can help you with this...

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

Who can help you with this...

Richard Satyanadhan          Vanessa Schomberg

 

ENFORCEMENT ACTION

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

Who can help you with this...

Paul Gardener          Richard Satyanadhan

 

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.

Who can help you with this...

Paul Gardener

 

NEGLIGENCE

Actions against professional bodies, including:-

Solicitors
Barristers
Accountants
Doctors
Surveyors
Dentists

Who can help you with this...

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.

Who can help you with this...

Paul Gardener          Richard Satyanadhan

 

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).

Who can help you with this...

Paul Gardener

 

POSSESSION CLAIMS

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

Paul Gardener and Richard Satyanadhan acted for the successful appellant in the landmark Court of Appeal case of Akici -v- L R Butlin Limited.

Who can help you with this...

Paul Gardener          Richard Satyanadhan

 

PUBLIC INQUIRIES

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

Who can help you with this...

Paul Gardener