Dispute Resolution
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Dispute Resolution Services
Boundary Disputes
Receiving early expert advice can be critical to ensuring the dispute is settled amicably; before tempers flare and costs escalate. We have an experienced team of dispute resolution lawyers who can advise on the legal position of your boundary, consider the practical aspects of your situation and negotiate a resolution.
We can advise you in respect of residential boundary disputes and commercial property or agricultural land disagreements.
Some of the outcomes include:
- Determine ownership and responsibility for boundary structures such as walls or fences.
- Negotiate a determined boundary with your neighbour for registration at the Land Registry.
- Negotiate compensation for any land lost or property damaged.
- Regain land taken by a neighbour – obtain an injunction to stop your neighbour building or trespassing on your land.
- Obtain ownership of land you have been using for many years by adverse possession.
In the meantime, we recommend the following in advance of obtaining legal advice:
- Remaining pleasant with your neighbour.
- Avoiding heated conflicts and communications, reverting to your legal advisor or surveyor to resolve any technicalities.
- Be willing to explore practical solutions.
Cost for legal services
Before you enquire with us, you should first check whether you have Legal Expense Insurance. This may be part of your home insurance policy, your credit card account or similar. Check with your insurer whether they will provide solicitor services for you under your current circumstances.
Otherwise, Herrington Carmichael would be available to assist on private instructions. Our charges will be largely dependent on the circumstances surrounding the matter. An early settlement might be a possibility in your situation, which will assist in keeping costs at a minimum, and bring about a swift resolution. Please contact us for further information as to our fees and your options.
Business Disputes
Disputes happen all the time in business and we work with companies of all sizes, from general disagreements to contract disputes, insolvency and more.
If your company is experiencing some form of business dispute our dispute resolution lawyers can provide the advice you need.
Our dedicated business dispute lawyers provide a range of disputes services including:
- Contract Disputes
- Company Recovery & Insolvency
- Company Restoration Advice
- Data Protection Breach
- Director Disputes
- Debt Recovery
- Intellectual Property Disputes
- LLP & Partnership Disputes
- Liquidations
- Professional Negligence Claims
- Shareholder Disputes
Injunctions
If you need to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to or otherwise safeguard business or personal interests, it may be necessary to apply for an injunction.
An injunction is a court order that either stops someone from doing something or requires them to take a specific action. Injunctions are used in urgent situations, for example, to stop the sale of assets, prevent the misuse of confidential information, prevent someone from breaching a contract or to freeze a bank account.
Injunctions are serious and often time sensitive. If granted, they can take immediate effect. If you need an injunction or receive notification that someone has applied for injunctive relief against you, it is important to act quickly.
Insolvency Litigation
We regularly advise on asset recovery, director claims, creditor enforcement, and disputes concerning the conduct of insolvency proceedings. Whether a client is seeking to take action or defend a claim, we provide strategic, commercially focused advice tailored to the urgency and complexity of the situation.
We are also experienced in dealing with interim court applications, emergency relief, and disclosure orders. Our team acts quickly and decisively to protect your interests when timing is critical.
Intellectual Property Disputes
Our Dispute Resolution Team are highly experienced at being able to resolve disputes regarding intellectual property and providing pragmatic and commercial advice to you.
Intellectual Property (IP) encompasses a vast and diverse array of business property from software and other copyright materials, to designs, logos, inventions and processes. How can we help?
- Copyright infringement or copyright protection
- Trade Mark infringement or breach
- Design Rights
- Patents
- Confidential Information
Professional Negligence
You are entitled to expect a certain standard of care from the professionals who advise you. Whether that is a solicitor, accountant, financial adviser, architect, or surveyor. Where the professional fails to perform to the standards required of them and you have suffered a financial loss, you may have a claim against them for professional negligence.
Cases of professional negligence often involve breaches of duty, where the professional fails to meet the expected standards, leading to financial, reputational, or personal damages for those affected. Legal recourse may be sought to address these instances and seek compensation for the losses incurred due to professional misconduct or negligence.
We can help with:
Secured Lending
Secured lending involves borrowing money using an asset as collateral. The lender often holds a legal charge, or other such security over the asset until the loan is fully repaid.
This type of lending is widely used in areas such as property finance, commercial lending, and business investment. It offers added security for lenders, reducing their risk if the borrower fails to meet repayment obligations. As a result, borrowers often benefit from more favourable loan terms compared to unsecured borrowing.
A solid understanding of the legal principles behind secured lending is crucial for both parties involved.
At Herrington Carmichael, our secured lending solicitors are experts in the legal framework surrounding secured finance transactions. Our job is to step in and protect your interests, whether you are a lender trying to recover funds, or a borrower facing legal action.
All Dispute Resolution Services
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
The first question most people need to ask themselves – is the dispute worth it? For instance, it might not be worth making a claim if it is going to cost you almost as much as you’re claiming.
Mediation is a much faster and cheaper option than going to court. Mediation has been around for a long time and would be carried out at an agreed venue (a solicitors or a hotel, but not at court) with each side in separate rooms and the Mediator shuttling between rooms helping you find that compromise acceptable to you both. If agreement is reached, that will be written down there and then, signed by both sides and can then be sent to the Court to be sealed. It will have the same authority as any other Court Order and as long as the agreed terms are then carried out, it brings the formal Court case to an end. Speak to our Mediators for more information.