A4 Emsleys Resolution 4pp 2020 AW ebook

dispute resolution
tradesman, neighbour,
landlord issues?
we can help.
• Contract disputes
• Consumer disputes
• Landlord and tenant disputes
• Agency and supplier disputes
• Contested wills, trusts & probate
• Construction disputes
• Financial disputes (gifts/loans)

whether your dispute
is with a business or
an individual...
If you’re an individual, you may have a problem with a supplier, such as a
builder or tradesman. Perhaps the quality of work has not been to the
required standard or they have failed to deliver.
This can be a stressful situation, particularly if it involves your home. You may not be
comfortable with conflict and with other priorities in your life, you may not want a costly
and lengthy dispute taking up your time. You simply want someone to deal with this for you.
If you’re a business, you may have an issue with a supplier, customer, agent, landlord or
tenant. We can offer practical legal advice in a wide range of situations and aim to resolve
your disputes in a commercially focused way that meets the needs of your business.
98 %
OF CLIENTS *
would use us again
and recommend us
Dispute resolution is a complex area of law that we can guide you through. At the same time
we can try to take the stress away. We can help you understand your legal rights for your
specific situation and provide sensible solutions to meet your individual needs. We attempt
to resolve disputes sensibly and reach the right solution without going to court. If court
proceedings are necessary you will have the experts on your side. We are mindful of costs,
and do our utmost to offer clarity on costs and timescales from the start.
* 98%. Source: Emsleys Solicitors’ client satisfaction survey results January 2018 – December 2019.

...we have the
legal specialists
to advise you
Dispute resolution is a complex area of law that we can guide you
through. At the same time we can try to take the stress away. We
can help you understand your legal rights for your specific
situation and provide sensible solutions to meet your individual
needs. We attempt to resolve disputes sensibly and reach the
right solution without going to court. If court proceedings are
necessary you will have the experts on your side. We are mindful
of costs, and do our utmost to offer clarity on costs and
timescales from the start.
We have extensive experience in dispute resolution for both
individuals and businesses of all sizes. Every day we deal with
disputes on behalf of private and business clients. Every day we
help clients resolve their problems.
can help you understand your legal rights for your specific
situation and provide sensible solutions to meet your individual
needs. We attempt to resolve disputes sensibly and reach the
right solution without going to court. If court proceedings are
necessary you will have the experts on your side. We are mindful
of costs, and do our utmost to offer clarity on costs and
timescales from the start.
We have extensive experience in dispute resolution for both
individuals and businesses of all sizes. Every day we deal with
disputes on behalf of private and business clients. Every day we
help clients resolve their problems.
Dispute resolution is a complex area of law that we can guide you
through. At the same time we can try to take the stress away. We
Contact our Dispute Resolution team
on 0113 232 1030 or email
disputes@emsleys.co.uk

frequently asked
questions
Q. Can I claim for distress and
inconvenience?
A. Yes, depending on the type of claim, however the value of this
heading of the claim may not be as great as you would hope.
Q. Can I cut off branches of a neighbour's
tree overhanging my garden?
A. In any kind of neighbour dispute remember that you may be
living side by side for a very long time. If a problem arises try
speaking to your neighbour in a polite and respectful way. In this
case you would be asking your neighbour to trim their overhanging
branches. If they refuse you are allowed to trim the overhanging
branches back to the boundary line. The branches remain the
property of your neighbour and you must give them back.
Q. Can I recover costs from my opponent?
A. It depends on the value and complexity of your claim. A
proportion of your costs can usually be recovered, unless your
claim is worth less than £10,000. In such claims, which are allocated
to the ‘Small Claims’ track/Court, you can normally only recover
your Court fee, fixed costs and certain out-of-pocket expenses.
Q. Can I take Court action against
someone myself?
A. Yes. People taking action themselves are known as ‘litigants in
person’. Useful guidance is available for litigants in person from
the Citizens Advice Bureau and the Law Society.
Q. Do I have to become involved in
litigation, arbitration or mediation?
A. If someone brings a claim against you then you are involved in
litigation. Whether you choose to admit or defend all or part of
the claim will be up to you. Subject to any contractual obligation,
you are not obliged to engage in arbitration or mediation but the
Courts do encourage ADR in many cases.
Q. Does it matter how long a boundary
has been in the wrong place?
A. The vast majority of boundaries in England and Wales as
shown on Land Registry title plans are only ‘general boundaries’.
This is due to the complexity of mapping boundaries and the
sheer number of them. The Land Registry can be asked to
determine a boundary and as part of this one of the factors
which could be considered is how long the boundary feature has
been in place.
Where you are not the owner of the registered land but you have
been in ‘adverse possession’ for a period of 10+ years you may be
able to claim title to the land if you can prove that you have
factual possession of the land, with the necessary intention to
possess and did not have the owner’s consent.
Q. What are the rates? Do you offer no
win - no fee?
Costs are important and in our first meeting we will discuss costs
and your funding options. This might include whether you have
any legal expenses insurance and if you are eligible for our ‘no
win, no fee’ arrangement.
Tel: 0113 201 4900
www.emsleys.co.uk
Emsleys Solicitors is a trading name of Emsleys Solicitors Limited.