As the summary above suggests this area of the law is wide ranging. This work is carried out by mainly by Gareth Edmondson and Alan Martin. They are both fully qualified solicitors who each have over 25 years’ experience in advising, negotiating and if necessary, litigating with regard to:
Dispute Resolution is the area of law concerned with resolving disputes or disagreements between two parties, be they individuals or organisations. There are two forms of Dispute Resolution – Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome; and Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement. We believe that civil litigation should be a last resort. We understand that disputes can be frustrating, time consuming and upsetting; but they can also become nasty and expensive if not handled in the correct way. Our starting point in such cases, therefore, is to explore and consider the most appropriate way of resolving your dispute before it goes to court.
Mediation is when an acceptable third party, e.g. a Solicitor, intervenes in a negotiation or conflict in order to assist those in dispute to voluntarily reach a mutually acceptable settlement of the issues. The third party has limited or no authoritative decision-making power, and does not act in any judicial capacity, but is there to facilitate what is in effect a formal negotiation between parties with the aim of reaching a settlement upon terms that all can accept. There are many advantages to mediation, including the opportunity for both parties to have their say and remain in control; potential early settlement; a ‘without prejudice’ process; and cost-effectiveness.
If, for whatever reason, mediation or a similar consensual process cannot be used to settle your dispute then we provide litigation services. Litigation is the term used to describe proceedings initiated between two opposing parties to enforce or defend a legal right. Litigation is typically settled by agreement between the parties, but may also be heard and decided by a jury or judge in court. We are highly experienced in this very difficult area of law, and deal with disputes that may include:
This work involves advising and assisting on such matters as the ownership of property, the right to live in a property and the enforcement of mortgages. It also includes boundary claims, right of way matters and the like.
We have expertise in dealing with all aspects of residential tenancy disputes including matters such as rent arrears and the seeking of possession of rented property as well as defending possession proceedings on various grounds. We are fully familiar with the law in Wales, which in many instances differs from that in England.
Our expertise also extends into various types of contract disputes including Sale of Goods, the Supply of goods and Services and all aspects of
Our specialist lawyers can help in dealing with disputes between the owners/shareholders of a business as well as disputes between different businesses. This can range from straight forward contract disputes to more complicated disputes over the break-up of a business.
This type of dispute relates to a dispute over an entitlement in the estate of someone who has recently died. This area of the law covers making a claim against an estate where someone believes that they ought to have received a share in that estate but did not or that their share is insufficient [An Inheritance Act Claim]. It can also cover the failure of Personal Representatives to either administer an Estate or the raising of concerns about the way in which the administration is being handled.
We frequently advice and assist in either the recovery of money or dealing with the situation where money is owed but cannot be repaid and how to try and solve the problem. This area of the law includes advice on bankruptcy. It also covers both personal and commercial debt situations.
Please note that where VAT is chargeable the current rate is 20%
Debt Recovery up to the value of £100,000 (for small businesses/individuals where the debt is between £10,001 up to and including £100,000)
The above are average prices. The actual cost to you will depend on a number of factors which we will discuss with you if you decide to instruct us.
Our charges are based on our average hourly charging rate of £150.00 plus VAT per hour.
There will be other expenses (called disbursements) which we will need to pay on your behalf, such as Court fees, Barrister’s fees and Enforcement Process fees. These are likely to be in the region of £2,500 in total plus VAT where relevant.
In normal cases, the expectation will be that the Debtor will pay the majority of these costs. However, this may not be possible and if not, you will remain liable for our costs and charges.
We understand the commercial imperative involved in dealing with unpaid debts. The work we will carry out will involve:
Our fees do not include any external costs and charges that may be incurred as part of the process e.g. damages, fines, penalties or other liabilities. You will be responsible for these items. Court issue fees are on a sliding scale depending on the value of the debt and can be anywhere between the figures set out below:
Up to £300 - £35
Greater than £300 but no more than £500 - £50
Greater than £500 but no more than £1,000 - £70
Greater than £1,000 but no more than £1,500 - £80
Greater than £1,500 but no more than £3,000 - £115
Greater than £3,000 but no more than £5,000 - £205
Greater than £5,000 but no more than £10,000 - £455
Greater than £10,000 but no more than £200,000
5% of the value of the claim
Greater than £200,000 - £10, 000
No VAT is payable on issue fees
As for enforcement of a judgment there are many ways to try and achieve this.
If a Court enforcement Officer is instructed, then typically the fees are as follows:
To issue a warrant of control (recovery of a sum of money) £83
To issue a warrant of delivery (for goods). £130
To issue a warrant of possession (recovery of a property or land). £130
To request a further attempt to execute a warrant at a new
address, except where a warrant has been suspended. £33
No VAT is payable on enforcement fees.
If a judgment is to be secured by way of a charging order on a property then
The following fee is payable: £119
No VAT is payable on this fee.
Please contact Gareth Edmondson for further assistance.