Civil Litigation & Disputes

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Should you become involved in a dispute over money, buying of goods or services, property disputes or claims that arise on death, we can offer you sound, practical advice on how best to resolve any claim before the matter becomes too contentious and costly to settle.

Before any claim can be brought in the courts, claimants and defendants must follow a pre-action protocol for their particular claim under the Civil Procedure Rules. This involves a claimant sending a prescribed form of letter and supplying all information in relation to the claim and what is in dispute and giving a defendant 21 days to formally respond. You may find yourself in hot water with the court and liable to sanctions, such as paying the other side’s costs, if the correct procedure is not followed.

Make sure you have the right advice in the first place before deciding the appropriate course of action to take. Contact us for the right advice before you take any further action yourself.

If proceedings become necessary we can represent you in both the County Court and High Court.

Dispute resolution

Mediation or Alternative Dispute Resolution (ADR) is encouraged by the courts and is often a cheaper alternative to litigating a claim and should be attempted. To ignore a request to mediate can result in the court imposing sanctions.

We can assist you with the following types of claim

  • debt collection
  • building disputes
  • consumer contracts
  • property repossessions
  • landlord and tenant disputes
  • trespass and adverse possession claims
  • boundary, easements and property disputes
  • negligence claims
  • contentious probate claims and Inheritance Act claims

Litigation Funding

Litigation funding may be available for certain claims, for example, contentious probate claims where the validity of a will may be disputed and inheritance Act claims against a deceased’s estate for reasonable financial provision. Funding is usually subject to there being no other insurance cover, the value of the claim being large enough to make the litigation worth funding, counsel’s opinion that the prospects of success being good (generally over 60%) and there being a realistic prospect of recovering the value of the claim and more importantly costs incurred in pursuing a claim.

Debt collection

We can help both individuals and business clients with recovering an outstanding debt or disputing payment. We are experienced in providing practical and cost effective means of helping you. If a settlement cannot be achieved and mediation or ADR does not result in agreement, we can represent you in your claim through the courts to recover the money owed to you.

Quite often it is straightforward obtaining judgement, but less easy recovering payment afterwards. Let us help you with the best and most appropriate course of enforcement action to take to ensure you receive the money you are owed.

Call us to discuss your case and the best action to take.

All initial enquiries are without cost or obligation, so please call us now on 01865 721451 or, email info@challenor-gardiner.co.uk or complete our Free Online Enquiry contact form to discover your bespoke fixed price quotation.