Private Dispute Resolution Solicitors

Individual Dispute Resolution

Disputes in your personal life or business are stressful and time consuming. Our team of experienced solicitors find workable and practical solutions to minimise the impact on you or your business so that you achieve the outcome that suits you.

Our knowledgeable team will identify your objectives, assess the merits and risks, and provide advice and options in plain language.

There are many ways to solve a dispute, and court proceedings should only be considered as a last resort. Where possible, we will help you negotiate in an attempt to resolve the dispute without the worry and cost of going to court. Sometimes court cannot be avoided and in these circumstances we will confidently fight on your behalf to protect your best interests and ensure the dispute is resolved to your satisfaction.

We are able to represent you in litigation, mediation, arbitration, adjudication and informal negotiations.

Our dispute resolution specialisms include:

  • Construction and Building Disputes
  • Contract and Consumer Disputes
  • Debt recovery
  • Bankruptcy and Insolvency
  • Inheritance and Wills disputes
  • Professional negligence
  • Property Litigation

Professional Negligence

We pursue claims against all major professions, including solicitors, barristers, surveyors, accountants, financial advisors, valuers and architects.

We can assess the strength of your case and give you an indication of whether you have grounds to pursue a claim.

Our experienced team will consider all of the relevant documentation and provide an early assessment of the merit of your case and your legal position.  We will also advise as to the likely cost of pursuing a claim and of the most pragmatic, cost-effective and appropriate way in which the matter should be pursued and resolved.

If you would like more information at this stage, please contact us.

A viable professional negligence claim has 3 key ingredients:

  1. Duty

The duty and responsibility owed by the professional to you will vary from case to case. The contractual terms often dictate on which the professional was instructed and the expectations of the parties who would rely on their services and to what extent.

  1. Breach of Duty

An error by the professional will generally be negligent if it is an error that a competent professional would not have made.

  1. Loss caused by Breach

The error or fault by the professional must have caused you or your business a loss.

The remedy for a professional negligence claim is damages reflecting the loss caused. Calculating your loss can be a complex exercise, with the approach varying significantly from case to case.

FAQ

As a general rule, a claim can be brought against a professional up to six years after the negligence occurred.

It is often possible to bring a claim after this date depending on the circumstances. As part of our initial investigations we will identify whether the time limit has expired as calculating the exact day on which the time limit expires can be complex.

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    This terminology allows the parties in a dispute to compromise and not have any admissions held against them when a judge makes a decision on the merits of the case. Statements, whether verbal or written, should be expressed to be made on a ‘without prejudice’ basis and they must be a genuine attempt to settle the dispute.

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    Mediation can be used when both parties want to find a solution to their dispute. This is usually a solution you can live with, which may not be an outright win but more importantly you leave the mediation having not lost.

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    Matters are usually invoiced on a ‘time spent’ basis at an hourly rate based on the experience of the solicitor used. We will provide you with a cost estimate and update you at various stages throughout the process.

    Some instructions are undertaken on a ‘Fixed Fee’ basis which can provide certainty with regards to costs. Please enquire for more details.

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    Due to the broad range of matters which can be litigated it is difficult at the early stages to calculate precisely how long a matter may take.

    A simple dispute might be resolved by agreement in a matter of weeks. A claim which ends in court proceedings might take anywhere from 3 months to over 12 months depending on the complexity of the case and the approach taken by other parties.

    Nonetheless at Wannops LLP your matter will be dealt with promptly and professionally.

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    We recommend seeking legal advice as soon as it becomes apparent that there is a dispute.

    The earlier advice is sought, the sooner you will be advised of your legal rights and position. You will then be able to take an informed decision based upon this advice and the options open to you.  If advice is taken early, the more options there may be and it is often possible to head off disputes altogether.

    It is usually easier to resolve issues before any significant loss or costs have been sustained by either party, or before the parties’ positions have become entrenched.

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    Litigation is the formal process of bringing a court to enforce a particular right. It is one of a number of methods of dispute resolution and it culminates in the obtaining of a Court Judgment in the favour of one side in the dispute.

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