Table of contents

Business legal disputes

• The other party had promised to improve, but haven't. Can I tear up the contract?

  Check the terms and conditions. The terms will normally state what actions constitute a breach significant enough to bring the contract to an end. Generally, the more serious the breach, the more likely you can terminate the contract. Lesser breaches may only entitle you to compensation for financial losses caused.

• Is it better to talk to the other party before making a dispute a legal matter?

  Yes. Always offer to speak to or meet the person with whom you have the dispute to try and amicably establish why there has been a breach of the contract terms. Discuss what can be done to resolve the current dispute and to avoid further issues in the future. Explain your position and, if it is the other party that is in breach, you may be able to negotiate better terms in return for not terminating the contract.

• What should I do if a supplier breaks our contract terms?

  Review the terms and conditions of your contract, which normally state what action can be taken to terminate the contract or what penalties can be imposed following a breach. Then speak to your supplier and inform them you are thinking about ending the contract because of their breach. This may lead to a quick response from them, or an offer of better terms in the future to compensate you for the breach, resolving the matter.

Consumer rights

• I signed an agreement at my home from a 'door to door' salesman, but didn't really want to, I just felt pressured into it. What should I do?

  Any such contract will be subject to a 'cooling off' period of 14-days, during which time you can cancel the contract and get your money back. You should have been provided with a specific written notice of this right. If you were not, the contract is unenforceable and you can cancel it anyway.

• If I take the other party to court and win, am I guaranteed to get some money?

  No. Obtaining a court order or judgment against someone is only part of the process. If they don't pay, you will have to 'enforce' the judgment. There are various ways in which you can do this.

• What outcome can I expect?

  A claim for compensation is to put you back in the position you would have been had the problems not occurred. This might therefore involve a return of sum or all the money you paid or forced supply of the goods you purchased. You may also be entitled to compensation for other incidental losses.

• The goods were not very expensive. Is it still worth making a claim?

  If it is going to cost more to go to court to resolve a dispute than it would cost you to just repair or replace the goods yourself, court proceedings might not be a good use of your money. In the Small Claims Court, were you to act in person (without a lawyer) the court's fees are likely to be between £75 and £435, depending on the value of your claim (up to £5,000). If the goods cost less that £100, for example, court proceedings might be disproportionate.

• The seller has not offered any specific warranty or guarantee on the goods purchased. Am I protected as a consumer?

  The law usually provides consumer rights for the first year after purchase. If a fault or issue arises with the goods in that first year, the seller should offer to repair or replace the faulty item. You might be entitled to a refund.

Contesting a Will

• My relative's executors are applying for a Grant of Probate, but I'm worried there's a problem with the Will. Can I do anything?

  Yes. The Grant of Probate can be blocked for a limited time by entering a 'caveat'. A solicitor can help with this.

• My relative has left me something in their Will, but I'm not happy about the way the executors are dealing with things. What should I do?

  Executors and trustees have a duty to act in the best interests of beneficiaries. If you have any concerns you should raise them with the executors first. If you are still not happy, you should contact a solicitor.

• I think that my relative may not have known or understood what was in their Will. What steps can I take?

  You can investigate the circumstances in which the Will was made and ask the person's doctor whether they would have understood the contents of the Will. If you're still concerned you should talk to a solicitor.

• I'm worried that my relative's Will may be not be valid. Is there anything I can do?

  Yes. If you have information about the circumstances in which the Will was made, you may be able to challenge its validity. This will depend on the individual circumstances.

Contract disputes

• Can I take my tradesman to the Small Claims Court?

  Yes. If you can't sort things out between you then, as a last resort, you can take them to court. Providing your claim is for not more than £5,000 it will be dealt with in a less formal way in the Small Claims Court.

• If I can't sort things our with my tradesman, will I have to go to court?

  Probably not. Most disputes can be resolved without the need to go to court, either through negotiation or mediation.

• I'm worried that the cost of the work is increasing.

  Try to agree a total figure for all the work and get your tradesman to put this in writing. Make sure you know what you are getting for your money. If things get out of hand, tell your tradesman to stop work while you sort out the problem.

• I'm worried about the quality of the work, what should I do?

  Talk to your tradesman first. If you can't resolve the problem, get a second opinion from another tradesman or an expert, such as a surveyor.

Divorce lawyers

• Who is a petitioner and who is a respondent?

  A petitioner files for divorce. A respondent is the other party.

• Will I have to go to court?

  Probably not. It's not usual for parties to have to attend court unless the divorce is defended.

• Who will pay for my divorce?

  A judge can order a party to pay for the other party's costs and may do so where there has been adultery or unreasonable behaviour.

• Does the judge make an order on what will happen with my children?

  Not usually, providing the judge is satisfied with what has been arranged. However, should problems arise it is for either party to apply to the judge to make such an order.

• How long does it take to get divorced?

  This can differ from case to case, but where a divorce isn't defended, proceedings can usually be concluded within six months.

• What facts demonstrate that a marriage has irretrievably broken down?

  • adultery
  • unreasonable behavior
  • desertion
  • two years' separation (with consent)
  • five years' separation (without consent)

• Do I have to be married for a length of time before I can divorce?

  Yes. You must have been married for at least one year from the date of marriage or registration. However, if you are certain you wish to divorce prior to this, we can help you prepare so that settlement can be achieved as soon as one year has passed.

Employment disputes

• If I do not raise appropriate complaints to my employer when they arise and subsequently take action against my employer at the Employment Tribunal can this affect my damages?

  Yes. If you fail to raise your complaint in a timely matter prior to taking action in the Employment Tribunal, the tribunal can reduce your compensation by up to 25%.

• If I do raise a formal complaint will I have to attend a hearing for my employer to consider that complaint?

  Yes, in most instances, unless you have a valid reason for not being able to attend, for example that by attending you are concerned for your health and safety.

• What do I do where informal discussions have failed to resolve my matter satisfactorily or I prefer not to discuss the matter informally?

  You should make a formal complaint without delay by using your employer's grievance procedure, which will be set out in either your contract of employment or staff manual.

  You should consult your line manager or HR. They'll provide the relevant procedure to you.

• Should I try to deal with matters informally in the first stages?

  Yes. Generally, you should in the first instance approach your employer to seek to resolve employment disputes or concerns you may have about any aspect of your employment informally.

• Should my employer have a specific procedure for dealing with employment disputes?

  Yes, and it should be set out either in your contract of employment or staff manual. The contract of employment should be in your possession. If not, you can request it. The staff manual should be easily accessible and if you are not able to locate it you should request to obtain it from your line manager and/or HR department.

• If my dispute is with my line manager, what should I do?

  If you're not able to discuss the matter directly with your line manager, consult human resources. If there's HR department, go to your line manager's reporting manager.

• What should I do if I have a dispute with my employer?

  In the first instance you should consult with your line manager and set out the details of the dispute.

• What are the different categories of dispute?

  A dispute can relate to an employee's complaint against receiving a warning, being demoted or dismissed, and in this instance the employee should raise an appeal.

  A dispute can also relate to a grievance an employee may have, for example concerning a complaint of bullying/harassment/discrimination/victimisation. In this case the employee should raise a grievance with the employer and set out details of the grievance.

• What are employment disputes?

  Any disputes or differences between employer and employee. Disputes can also arise between employer and worker, and can be formal or informal.

Faulty products

• If I take the other party to court and win, am I guaranteed to get some money?

  No. Obtaining a court order or Judgment against someone is only part of the process. If they don't pay, you will have to 'enforce' the judgment. There are various ways in which you can do this.

• What outcome can I expect if I go to court?

  A claim for compensation is to put you back in the position you would have been had you not received faulty products. You might therefore recover the costs of repair or, if the fault if significant or repair isn't possible, a like-for-like replacement. You may also be entitled to compensation for other incidental losses.

• The goods were not very expensive. Is it still worth making a claim if they are faulty?

  Not if it's going to cost more than to just repair or replace the goods yourself. In the Small Claims Court, were you to act in person (without a lawyer) the court's fees are likely to be between £75 and £435, depending on the value of your claim (up to £5,000). If the goods cost less that £100, for example, court proceedings might be disproportionate.

• The goods were purchased second-hand. Does this make a difference?

  The 'one-year warranty' does not apply to second-hand goods, and usually the cheaper price of second-hand goods covers the fact they're not new and therefore will not last as long as a new product. You may still have a claim against a seller if you can show that the goods were faulty when sold to you.

• Do I need a receipt?

  A receipt will be helpful in proving what was bought, when and how much was paid, but there is no legal requirement to have one. Some sort of proof of purchase might reasonably be required, however, such as a bank statement showing the transaction.

• If goods are no longer covered under a warranty, does the shop still have to repair or replace them?

  If it can be shown that the goods are faulty, a shop might be prepared to take a look at them. If they refuse, you may be able to take them to court for breach of contract. This will depend on the type of goods and the nature of fault. For example, how long could you reasonably expect the goods in question to last without going wrong? Much depends also on proving that the goods are defective rather than were damaged after purchased.

• The seller has not offered any specific warranty or guarantee on the goods purchased. Am I protected as a consumer?

  The law provides protection for the consumer usually for the first year after purchase. If a fault develops within that year, the seller should offer to repair or replace the faulty item. You might be entitled to a refund.

• Can I get my money back on faulty products?

  If you return them in a 'reasonable time' you have the right to 'reject the goods'. What is reasonable depends on the goods, however, and the seller might be entitled to the opportunity to repair the goods in the first instance. In the case of repair, if the repair doesn't work, you may be able to get your money back.

Funding a dispute

• Will costs be deducted from my compensation?

  It's unusual in most types of litigation for this to happen. The issues of compensation (damages) and costs are kept separate.

• Will I have to pay the other side's costs if I lose my case?

  If you have legal expenses insurance it may be that 'after the event' insurance can be arranged to cover such an eventuality. Your lawyer will discuss the options and risks at the outset of your case.

• How much will it costs?

  Your lawyer will provide you with a costs estimate for funding a dispute at the outset, and update it throughout the case.

• If I don't have insurance in place how will I cover the legal fees?

  Some arrangements, like a CFA, mean you don't pay us anything, and fees are paid through a claim against the other party or via arranged insurance. If an hourly rate or fixed fee arrangement is agreed with you, the method and frequency of payment will be discussed at the start so that arrangements suit you before you make any commitments.

• Will my existing insurance policies cover legal fees?

  You may find that your home insurance or credit card policy includes legal expenses insurance that'll entitle you to free legal assistance in certain types of claim. Check your policy documents or speak to your insurance company in the first instance. If such insurance is in place, you'll still have a choice over which firm of solicitors you use, so feel free to contact us to discuss how we can help you.

• Will I be entitled to legal aid?

  Legal aid is not available in all types of cases. If it is available, your eligibility will depend on you and your husband, wife or partner's disposable income and disposable capital. If you qualify financially, you'll have to show reasonable grounds for being a party to any court proceedings.

• What does 'no-win-no-fee' mean?

  Conditional Fee Agreements (CFA) or 'no-win-no-fee' mean if your claim is successful your legal costs are recovered from the other side, together with your compensation. Should your claim be unsuccessful, we'd ensure insurance is in place so that you don't have to pay any legal costs or disbursements.

How long will your dispute last

• What can I do if I feel my claim is taking too long to resolve?

  Unfortunately, legal claims can be very lengthy, as solicitor's must initially try and settle the matter amicably before they go to court, which means a lot of time can be spent negotiating settlement. Even when the claim has been issued, negotiations continue. If you feel your claim isn't progressing at the rate it should and bearing the above in mind, ask to speak to the solicitor dealing with the matter.

• How long will it take for me to receive compensation?

  Usually, any money owed is paid out at the conclusion of a matter, but in some cases partial payment can be made throughout the case. These partial payments are known as interim payments and tend to occur in personal injury claims to cover the cost of medical treatment. It is important to note that interim payments may not always be available.

• How long do I have to make a claim?

  The time available to make a claim depends on the type of claim. For personal injury claims you have three years from the date of the accident to issue your claim at court. This differs if the claim relates to a child. For contractual matters you have six years from the date of the cause action.

Managing a dispute

• My washing machine broke down a day after the warranty expired. What can I do?

  If it can be shown that it's due to a manufacturing fault, it's still possible to make a legal claim under the Sale Goods Act 1979. However, you'd need to get an independent engineer to investigate the matter and provide a report. Assuming there's a manufacturing fault you may be able to make a claim under the Act, and you could include the cost of the report in your claim.

• I entered into a verbal contract with the third party. Will my claim be affected by this?

  Whilst you will not be prevented from making a claim based on a verbal contract, it can sometimes be more difficult to prove what was actually agreed. However, there's legislation that can strengthen your position concerning performance of a contract. It's also advisable to keep a detailed diary of events.

• I think my neighbour is encroaching on my property. What can I do?

  Get a copy of your title plan for a solicitor and/or a surveyor to assess. It can then be seen if there is a dispute. If it appears your neighbour has encroached onto your property it's best to try to sort the matter out amicably in the first instance, as boundary disputes can be lengthy and expensive. If this isn't possible you should instruct a solicitor as soon as possible.

• My neighbours have had some work done to their house and I believe it's caused damage to my property. What can I do?

  A report should be obtained from an independent surveyor, and it should include the extent of the damage, possible costs of putting it right, and the cause of the damage. If the report shows the damage is the result of your neighbour's works, there is a potential legal claim against your neighbour for the cost of repairs. In the first instance notify your neighbour of the issue, preferably in writing, and see if the matter can be dealt with amicably between you. If not, you'll need to instruct a solicitor.

Mediation

• What happens if the other party doesn't comply with the settlement agreement?

  You'll be able to take the other party to court to force them to comply.

• Will I have to pay the other party's legal costs?

  No. The parties are free to agree whatever settlement they want. If you don't agree to pay the other party's costs, nobody will force you to.

• If I say something at the mediation can this be used against me later if I go to court?

  No. All mediations are confidential. Nothing said can be repeated later in court proceedings.

• Can I take someone with me to the mediation?

  Yes. You'll be able to take someone else with you, perhaps a friend or relative. This is more appropriate when you don't have a solicitor.

• Will the mediator be a solicitor or barrister?

  Not necessarily. The parties can decide whether or not they want a legally qualified person to be the mediator. Some mediators are not legally qualified but are specialists in other areas, such as surveying, accountancy or construction.

Professional disputes

• Can I take the professional to the Small Claims Court?

  Yes. Providing your claim is for not more than £5,000 it will be dealt with in a less formal way in the Small Claims Court.

• If I can't sort things out with the professional, what are my options?

  You could ask an organisation like the Legal Complaints Service, the Royal Institution of Chartered Surveyors or the Institute of Chartered Accountants for help. You could try mediation or, as a last resort, you could take the professional to court.

• I'm worried that the professional's charges are getting out of control.

  Try to agree a total figure for all the work and get the professional to put this in writing. Make sure you know what you're getting for your money. Don't be afraid to ask the professional to stop work while you sort out the problem.

• I'm worried about the quality of the service I've received from a professional. What should I do?

  Talk to them first. If you can't resolve professional disputes in this way, use their formal complaints procedure.

Property claims questions

• I bought a property. I now find that the people who sold it to me lied when selling it to me. Is there anything I can do?

  It may be that the seller has been guilty of misrepresentation. We must show representations were made by the previous owner upon which you relied when entering into the contract to purchase the property.

  We must then show, that those representations were false and in reliance on those representations you suffered a loss.

  If this is the case we may be able to bring Court proceedings and seek compensation for you.

• I have a noisy neighbour. Can you help?

  Yes. We would fist look to work with local agencies to see how they may be able to assist:

  • resolving the matter and/or 
  • evidencing your claim

  We would then be able to advise you on how to best protect you and your property.

• I have a dispute regarding a "right of way". Is that something that you can assist with?

  We would first need to establish the nature of your right. Once this has been established we will then be able to advise you on your options.

• Do you deal with neighbour disputes and do you use mediation?

  We would always encourage you to try alternate ways of resolving matters rather than commence legal proceedings. These alternatives to Court would include mediation.

• Do you deal with boundary disputes?

  Yes. We can bring proceedings for you (or defend proceedings brought against you) regarding boundary disputes.

Service features

• I am worried about going to court?

  Not all cases go to court. The majority can be sorted out by sensible discussions and mediation. If we do need to present your claim the court, remember few claims go to a final hearing. If yours does, we'll be there all the way to guide, support and prepare you.

• Don't lawyers only work 9am - 5pm, Mon - Fri when I am at work?

  You can call and speak to us:

  • 8am - 8pm Mon - Fri
  • 9am - 6pm Sat
  • 10am - 4pm Sun

  We can also arrange meetings to suit you earlier and later in the day. You can also tell us what method of communication is more convenient: email, telephone or letter. We don't want our contact with you to be a frustration.

• Aren't lawyers intimidating and don't they all speak in a way people don't understand?

  We're people who understand what real life is about and the challenges it can present. It's our aim to guide you and make sure you feel comfortable and at ease with the decisions we reach together through the course of your claim. We want to work with you to reach a mutually satisfying conclusion.

• I am concerned about the cost, don't lawyers' charges add to my problem?

  We understand that clients worry about fees. We'll speak to you without charge to see if your query needs a lawyer. If it does, we'll discuss all options openly with you and offer a range of transparent options. It's not our aim to add to your worries.

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.

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