Disputes are a natural part of life. How you choose to deal with them can change your life. Make informed decisions aided by our pragmatic and relevant legal advice and help.
We will be robust in arguing your case and we will attempt to resolve a dispute to your satisfaction. The Courts tell us all that litigation should be a last resort because of ever present litigation risks and costs risks. Sometimes litigation is necessary.
We have decades of experience in helping clients resolve a wide range of disputes.
Will disputes and Inheritance Act claims
A Will might be challenged on grounds of lack of testamentary capacity or undue influence. This is a complex area of law and early professional advice is recommended. We can assist with lodging a caveat to prevent Grant of probate, gather evidence including a Larke v Nugus statement, witness statements and medical and other notes. We will provide clear advice on options, prospects, outcomes, risks and costs.
Notwithstanding the provisions of a Will or the consequences of the Intestacy Rules, you may be entitled to bring a claim for maintenance (which can be a lump sum) under the Inheritance Act provisions. We can tell you whether you are able to apply and advise on prospects of success.
Disputes involving land and property
Rights of way and other easements, boundaries and adverse possession are often emotive. We will give sound and pragmatic legal advice to achieve your objective while making you aware of the potential outcomes. We also handle misrepresentation claims when vendors have misled buyers in property purchase with serious financial consequences.
Professional negligence claims
Everyone makes mistakes but and when a professional makes a mistake that is negligent or is a breach of contract and causing significant financial loss, a claim can be pursued. A professional is judged by high standards and not perfection. They should have indemnity insurance to meet a valid claim. We have acted for clients in claims against surveyors, architects, solicitors, accountants and others. It is a complex area where work on the law and evidence must be thorough and legal advice essential.
Mediation is, in simple terms, a facilitated negotiation where the parties are assisted by a mediator to achieve an agreed and binding outcome to a dispute. We can offer mediation where appropriate. More details can be found at https://walkerfoster.com/civil-and-commercial-mediation/
Contact us to arrange an assessment of the prospects for your case, advice on collecting evidence to support your case, time estimates, costs and risks.