Our highly experienced Dispute Resolution team has the knowledge and expertise to assist clients in a broad range of commercial and private disputes.

We act for clients in all types of disputes, representing Claimants, Defendants and interested parties in the County Court and High Court, arbitrations, specialist tribunals (such as the Property Chamber) and in alternative dispute resolution procedures such as mediation.

We provide clear and pragmatic advice to help clients understand the law and procedures and all of their available options, empowering them to adopt the right strategy with confidence. Our robust and practical approach, technical expertise and longstanding experience gives our clients the best chance of success – and our track record is such that we regularly receive referrals from satisfied former clients.

We aim to resolve disputes without the need for legal proceedings wherever possible, but where court action is necessary, we have the skills, tenacity and experience to secure the optimal outcome for our clients.

We also provide advice to business and private clients to help them avoid future disputes and/or to maximise their position should a dispute ever arise.

CONTACT US

If you wish to discuss a case with us, please contact our dispute resolution specialists, Robert Small on 01420 81275 or Mark Robertson on 01420 81270. Alternatively, please fill in the form below.

Areas of expertise in dispute resolution

The types of dispute resolution work we regularly carry out include:

Commercial Disputes

  • Contract, including breach of contract claims, misrepresentation, business loans, restrictive covenants, breach of confidence, sales of goods and services
  • Property, including ownership, development projects, residents’ management companies, enforcing covenants, unauthorised use of premises (such as short-term letting, Airbnb hosting, holiday letting), rights of way and other proprietary rights over land.
  • Commercial landlord and tenant, including business lease renewals, enforcement of lease terms, forfeiture and possession, break clauses and dilapidation claims.
  • Shareholder disputes, including unfair prejudice, ‘deadlock’ situations, ‘rogue’ shareholders, share transfers and shareholders’ agreements.
  • Partnership disputes, including professional practice partnerships.
  • Recruitment fee claims, including ‘back-door hires’, disputed introductions, ‘effective cause’ cases and multi-agency disputes.
  • Employment claims, including employer/employee disputes, constructive/unfair dismissal, redundancies, restrictive covenants and settlement agreements.
  • Building / construction disputes, including standard form construction contracts (JCT, NEC etc), adjudication and arbitration.
  • Negligence claims, including professional negligence committed by solicitors, architects, managing agents, surveyors and accountants.
  • Business / brand disputes, including intellectual property, domain names, website content, ‘passing off’ claims.

Private Disputes

  • Contract, including breach of contract claims, misrepresentation, sales of high-end goods (such as prestige motor vehicles) and defective services.
  • Property, including disputed ownership, constructive trusts, proprietary estoppel, rights of way, covenants and other proprietary rights over land, boundary disputes, nuisance and trespass.
  • Financial claims, including personal guarantees, loan agreements, and contribution claims.
  • Wills, inheritance and trusts, including validity of Wills, claims under the Inheritance Provision for Family and Dependants) Act 1975, appointment of personal representatives, breach of trust claims.
  • Employment claims, including employer/employee disputes, constructive/unfair dismissal, redundancies, restrictive covenants and settlement agreements.
  • Building / construction disputes, including standard form construction contracts (JCT, NEC etc), adjudication and arbitration.
  • Negligence claims, including professional negligence committed by solicitors, architects, managing agents, surveyors and accountants.

“Great conclusion to a painful issue! It was a relief to pass this matter to Robert Small to deal with on my behalf. Timely and pragmatic communication all the way through the process. The resolution that was reached was most certainly a success versus the original situation!”

Owner of Accountancy Firm

“Solid advice delivered in layman’s terms: we sought out advice from Downie & Gadban after they were recommended by our accountants, Wallis White & Co. We received excellent advice delivered in clear, easy to understand terms and in double quick time. We would not hesitate to use them again and would recommend them.”

Owner of Charter Travel Business

“Robert Small – The best litigation solicitor in the South! We have used Robert Small for the best part of eight years and he has dealt with 100s of dispute cases for us. Robert balances the need of extremely sensitive pragmatism to being more forceful and direct in order to gain the desired outcome of win/win scenarios. We trust him implicitly to deal with any litigation matters we encounter and the firm Downie & Gadban with any other legal issues we need to instruct a specialised solicitor for.”

Director of Recruitment Company

Top ten frequently asked questions about litigation:

Litigation is the process of taking legal action or resolving disputes in court or another formal tribunal. It involves issuing a claim, exchanging evidence, and possibly going to trial before a judge to obtain a legally binding remedy.

The stages typically include:

  • Pre-action: Correspondence between the parties about the claim and attempting to settle the dispute before going to court.
  • Issuing a claim: Filing a formal legal claim with the court.
  • Defence: The defendant (the person or organisation the claim has been made against) formally responds to the claim and can sometimes also issue a counterclaim.
  • Case management: The court manages the case by setting a timetable of steps the parties must take to prepare and exchange their evidence in readiness for trial.
  • Disclosure: A search for (and exchange of) relevant evidence.
  • Witness statements: Submission of written statements from witnesses who will give evidence at trial.
  • Trial: Court hearing where both parties present their case, usually via a barrister.
  • Judgment: The judge delivers a decision.
  • Appeal: In some cases, the losing party can try to challenge the decision in a higher court.

There are various types of courts and tribunals, some of which deal with a wide range of cases and others which specialise in certain areas of law (such as property law, intellectual property disputes or construction, engineering and technology disputes). Almost any type of legal dispute can be litigated, including:

  • Civil disputes: Disputes usually between individuals, including contract breaches, property disputes, Will and inheritance disputes, financial claims, debt recovery, consumer disputes, professional negligence, personal bankruptcy, personal injury.
  • Commercial disputes: Business-related conflicts, including partnership or shareholder disputes, commercial contract disputes, intellectual property infringement, professional negligence, company insolvency.

A solicitor provides legal advice, corresponds with their opponents, the court and other parties involved, handles and advises on negotiations, analyses evidence, prepares case documents, deals with the complex court rules and processes and prepares everything ready for trial. They may also instruct barristers to represent clients in court.

Essentially, a solicitor oversees and manages every aspect of the whole case from start to finish. This involves advising clients on every facet of the case, including its strengths and weaknesses, the likely costs involved, and the potential risks, consequences and outcomes. Much of the litigation process is complex and couched in legal jargon; a good solicitor will explain every stage of the court process in plain English to ensure the client understands what is happening throughout.

A barrister is a specialist advocate who represents clients in court by formally presenting the case to the judge.  They also provide legal opinions and draft pleadings (i.e., the formal court documents setting out the case).

The duration varies depending on the complexity of the case, court availability, and the willingness of the parties to settle.  Many cases settle before they get to trial. Generally, very simple cases may get to trial in about six months, while complex cases can take several years.

Costs can vary enormously. Costs can include solicitor and barrister fees, court fees, expert witness fees, and other administrative costs. The losing party will usually be ordered to pay the winning party’s costs, although the proportion of costs awarded is generally at the discretion of the court. In certain types of cases, the amount of costs that can be recovered is fixed.

A good solicitor will do their best to advise on and deal with the case proportionately, ensuring the client is aware of all costs and related risk issues. Costs can be a key factor in deciding how to proceed with a case, so it is important to seek professional legal advice before embarking on any course of action.

Yes, alternatives include negotiation, mediation, arbitration, and other forms of alternative dispute resolution (ADR). These methods can be quicker, cheaper, and less adversarial.  The court generally expects parties to attempt ADR before resorting to litigation.

The Pre-Action Protocol is a set of guidelines designed to encourage the exchange of information and settlement before formal litigation commences. It aims to ensure the dispute is properly identified and that the issues in dispute are debated and narrowed. It also promotes the possibility of early resolution and aims to reduce the need for court action. The Pre-Action Protocol requires the proper setting out of the facts and legal points to formulate the case, which is best handled by a solicitor.

A ‘without prejudice’ communication is a statement or document exchanged between parties during settlement negotiations which has a particular status that means it cannot be used as evidence in court if the negotiations fail. This allows the parties to have open and honest discussions and make offers without any fear of looking weak or prejudicing their case (hence the phrase ‘without prejudice’).

These FAQs provide a basic overview of litigation in England & Wales, but litigation is a very complex topic, and each case can have its unique aspects and complexities. It’s always advisable to seek professional legal advice tailored to your specific circumstances.

Top ten frequently asked questions about alternative dispute resolution (ADR):

Alternative dispute resolution or ADR is a generic term which refers to different ways of resolving disputes rather than traditional litigation (going to court).  It can involve many different processes, most of which are attempted voluntarily between the disputing parties.  ADR includes negotiation, mediation, arbitration, conciliation, and collaborative law and many more options, each offering unique approaches to resolving disputes. A solicitor can help advise on the most appropriate method for your individual case.

Mediation is a voluntary process.  It involves a neutral third party (called a mediator) facilitating communication and negotiation between disputing parties to reach a voluntary agreement.  The type of mediator might depend on the subject, but mediators are usually solicitors or barristers who, in appropriate cases, will have expertise in the subject matter.

A mediation usually involves the parties in different places while the mediator speaks to each party separately, going back and forth between them. This can take the heat out of the dispute and enables the parties to air their feelings privately and to feel more comfortable in making offers to settle. The mediator cannot impose a decision on anyone, they can only encourage parties to negotiate – the parties must reach agreement voluntarily. If they do, this will be recorded in a settlement agreement which is then binding.

It is usually best to have a solicitor attending to ensure your case is put across in the most robust way and is technically accurate. Clients may not fully understand the issues that are being negotiated, or the best strategy to adopt, so having a solicitor attend is helpful and can make the process less stressful and more streamlined.

Arbitration is a process where a neutral arbitrator or panel hears both sides of the dispute and makes a binding decision, similar to a court judgment, but outside of the court system.  It can be quicker, more flexible and sometimes cheaper than going to court.  Arbitration can only occur if the parties agree to it, as part of a pre-agreed contract or otherwise. (Some business contracts will have clauses stipulating that in the case of a dispute arising, it must be resolved by arbitration).

Arbitration is more like a court process than mediation (although the rules can be more flexible than in court). Once agreed to (by a contract or otherwise), the parties are bound to do it, so there will be a more formal preparation of evidence and presentation of the case at trial before an arbitrator (which is equivalent to a judge).

Advantages include faster resolution, a more flexible process, greater control over the outcome, confidentiality, the ability (sometimes) to resolve wider issues than a court can, and often lower costs compared to traditional litigation in the courts.

Going to court can take anything from six months to several years. Dispute resolution typically takes less time than litigation, although timelines can vary depending on the complexity of the case and the chosen method.

ADR is usually considered in most dispute situations, because it generally offers a quicker, less adversarial, and more cost-effective resolution than traditional court-based litigation.  The courts now expect parties to attempt ADR before going to court and can even penalise parties who unreasonably refuse to try ADR.

Choose the method based on factors such as the nature of the dispute, the desired outcome, desired level of control, privacy concerns, urgency, cost and the relationship between the parties. It can be overwhelming to try and select the most suitable option, so it is best to seek professional legal advice. A solicitor can help identify the best route based on the different factors, outlining the pros and cons of each.

Costs associated with dispute resolution vary depending on factors such as the chosen method, complexity of the case, and the fees of professionals involved, but are often considerably lower than the expenses of traditional litigation.

This depends on what type of ADR it is and what has been agreed between the parties. Mediation is voluntary and the mediator cannot order anyone to do anything (including pay costs). You cannot ‘lose’ a mediation – you can only fail to reach a settlement. Arbitration, however, is like court and the arbitrator usually has the power to award costs to the winner.

The above FAQs provide only a general guide to ADR in England & Wales. The correct route to take in each case will depend on a number of factors, so seeking professional legal advice before embarking on any action is advised.

Downie & Gadban Solicitors - Robert Small

Robert Small

HEAD OF DISPUTE RESOLUTION

[email protected]
Tel: 01420 81275

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Downie & Gadban Solicitors - Mark Robertson

Mark Robertson

SENIOR SOLICITOR

[email protected]
Tel: 01420 81270

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