Dispute Resolution

Dispute resolution solicitors

Disputes are an unavoidable reality and can have an enormous impact on your daily life. We aim to resolve your disputes in an efficient and cost-effective way.

Our dispute resolution solicitors in London are recognised in the Legal 500 2020 as ‘friendly, approachable and knowledgeable’ and praised for their responsiveness. They are accustomed to handling domestic and international disputes and will work closely alongside you to ensure that your goals remain at the forefront of the dispute resolution process. Our dispute resolution lawyers take the time to understand your situation and present you with pragmatic solutions. We recognise that disputes are often time-sensitive and failure to act can be costly; we pride ourselves in our forward-thinking and proactive approach.

Experts in dispute resolution & litigation

While litigation is key to the resolution of many disputes, we understand that alternative dispute resolution (‘ADR’) can often provide a more satisfactory outcome in terms of time and the potential financial and emotional burden. However, if ADR is not an option, our litigators will prepare your case and rigorously fight your corner.

Find out how our dispute resolution solicitors in London can help you, send us an enquiry.

Alternative Dispute Resolution

The Courts of England and Wales place an obligation on parties to try and settle matters by way of alternative dispute resolution (“ADR”). Indeed, a party who fails to engage in ADR can be faced with adverse costs consequences should the court decide they have unreasonably refused to engage in the same. The dispute resolution team at Fletcher Day has considerable experience in conducting ADR across the board.

  • Arbitration: Arbitration is an invaluable alternative to conventional court proceedings, particularly where matters of a confidential nature are concerned. This avenue allows the parties to submit issues in dispute to an arbitral tribunal who will make a binding award on the dispute at hand. Unlike court proceedings, arbitration is a private procedure and no aspect of it will be in the public domain (there are exceptions). Our dispute resolution solicitors have handled a range of high value arbitrations pursuant to the rules of several arbitral institutions. These include, but are not limited to, the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and various other well-known institutions. Our recent work has included multijurisdictional arbitrations in the British Virgin Islands, Switzerland, London, and Luxembourg.
  • Mediation: Mediation is a neutral meeting between the parties and a mediator, with the aim of reaching terms of settlement. This forum is also confidential in nature. Our solicitors can assist you in the appointment of a mediator and facilitating this voluntary process.
  • Negotiation: In some circumstances parties in dispute can settle their differences by way of negotiating terms of settlement. This can be done on a without prejudice basis, meaning that the court will not be given any details of what has been discussed or disclosed. This allows the parties to discuss freely the pressing aspects of their dispute, without fear of adversely impacting their position. If successful, appropriate terms of settlement can be drawn up to put an end to the dispute between parties. We have a strong track record of settling matters prior to and during proceedings. Our solicitors can quickly assess the merits of a case and advise you on the most pragmatic way forward.

Contractual Disputes

We all enter into contracts on a daily basis. Whether purchasing goods, or appointing somebody to undertake services, entering into a contract is unavoidable. Given the frequency of contracts in everyday life, it is not surprising that disputes may arise. This could be a situation where obligations were not met, or a service provider failing to undertake the required services. Our dispute resolution solicitors are adept at handling the full range of contract disputes, many of which are of a complex nature.

Debt Recovery

The recovery of debts is a frustrating process that can cause significant financial difficulties and be an inefficient use of your time . If you are owed money pursuant to an agreement, the Dispute Resolution team at Fletcher Day can assist you in its recovery. Our expertise includes:

  • Letters before action, giving the debtor a set amount of time to make payment
  • Issuing of county court or high court proceedings
  • Enforcement of judgements
  • Petitions for bankruptcy and winding up proceedings.

We are accustomed to handling high value cases, both domestic and international.

 

Injuctions

Circumstances can necessitate injunctive procedures. This is a court order which requires an individual or company to do, or refrain from doing, certain acts. Commonly, an injunction will be sought to preserve or prevent the loss of an asset or damage to a business reputation. We understand that injunctions are typically sought on an urgent basis, and our dispute resolution team have a proven track-record of acting swiftly to secure the following:

  • Freezing orders
  • Restraining sale of land or property
  • Restraint of winding up petitions
  • Search orders
  • Specific performance

Professional Negligence

We will all be required to seek professional advice at some point, be it legal, financial, or technical. Regretfully, circumstances may arise in which a professional or organisation falls below the standard expected of them, accordingly a negligence claim may arise. If you experience professional negligence, our litigation solicitors can advise you of your options and act to achieve your desired outcome.  We have successfully brought and defended claims in respect of:

  • Accountants
  • Surveyors, architects, and engineers
  • Legal advisors
  • Financial advisors

If you find yourself in these circumstances, our dispute resolution team can advise you on the best course of action to achieve your desired outcomes.

Property Litigation

Recognised for their expertise in The Legal 500, our Property Litigation lawyers are skilled problem solvers and negotiators. They think laterally and commercially to provide pragmatic and effective solutions to clients experiencing contentious real estate issues and in need of advisory services. Their services include:

    • Breach of covenant issues
    • Sale of land disputes
    • Forfeiture advice and claims
    • Assignments, underlettings and other forms of alienation – contentious or advisory
    • All aspects of commercial lease renewals under the Landlord and Tenant Act 1954
    • Possession actions, including removal of former tenants and licencees or urgent removal of squatters.
    • Adverse possession matters
    • Restrictive covenant and easement disputes.
    • Break options, rent review and service charge disputes

Our team regularly appear in the High Court, County Court, the Land Registration and the Residential Property Divisions of the First Tier Tribunal, the Upper Tribunal and the Court of Appeal. They are also highly experienced in resolving disputes through mediation and other forms of alternative dispute resolution (“ADR”).

The Property Litigation team at Fletcher Day are noted in The Legal 500 for their particular expertise in retail and leisure industry work; though they are accustomed at handling all manner of property disputes and property development-related matters across the residential property sector. Chris Hill and Greg Barnbrook jointly head the practice, which also acts for businesses.