Ashley Wilson - Dispute Resolution & Litigation

Dispute Resolution and Litigation

Litigation is an unwelcome experience at any time. Dealing with a dispute, be it small or large, can be a particularly demanding experience, especially where there is uncertainty around the cost implications and procedures involved.

Litigation

The Litigation Team at AWS LLP manages disputes for a wide range of clientele. We provide practical and specialist advice with the aim of resolving your dispute quickly and cost-effectively. Working in partnership with you it will always be our objective to:

- Focus on the issues that are paramount to you, the client
- Identifying the goals that you seek to achieve from litigation
- Avoid the cost and uncertainty of long-running litigation.

Court Costs

Whatever the cause for litigation, as your legal advisers, we will fully protect your interests at all times. A failure to appreciate the seriousness of the circumstances may lead to an adverse decision against a person/company which could have been avoided if the correct legal advice had been sought and obtained at an early stage.

Litigation can be very expensive. Even a victor in court can find that recovery of the costs involved is often difficult and carries further expense. Understanding our Clients’ aims means that we can then tailor our advice to give the best possible chance of achieving a successful outcome.
An honest assessment of the costs implication of the various options open to the Client will be provided to you at the outset of our consultation prior to the instigation of litigation or other legal action.

Negotiation & Settlement

Wherever possible, we always seek to settle disputes by negotiation as this is often in the best interests of our clients. Our Litigation Team will work with you to reach a mutually satisfactory outcome to both parties within the dispute.

There are occasions when court action is necessary and in these cicrumstances you can rest assured that our team will provide a robust and efficient presentation of your case in order to gain the best possible result.

Alternative Dispute Resolution (ADR)

In many cases, disputes can be resolved by using alternative dispute resolution (ADR) methods such as mediation and arbitration. These procedures tend to be more informal and less adversarial and indeed, more economical than engaging full Court proceedings.

Our Dispute Resolution and Litigation Specialists

Tony Wilson

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Legal Updates

The End of Upward-Only Rent Reviews?

The English Devolution and Community Empowerment Bill, which had its first reading in the House of Commons on 10 July 2025, contains an unexpected ban on upward-only rent review clauses in new commercial leases. The Government has stated that the policy behind this ban is supporting smaller businesses who are struggling to keep up with open market rent reviews that only allow rent to rise, not fall.

The measure has generated concern among landlords and investors, particularly given the surprising lack of prior consultation on such a major reform in a sector that has historically operated with minimal statutory intervention. For now, the Bill remains in its early parliamentary stages and is highly susceptible to changes following lobbying, with its Second Reading due in September.

This article sets out the scope of the proposed ban and its implications for the commercial rental sector if passed as it currently stands.

Insurance Costs Under Review: Government Publishes Response on Permitted Insurance Fees

As part of the Leasehold and Freehold Reform Act 2024, the government has proposed introducing new regulations to define what landlords and managing agents can charge leaseholders in connection with arranging building insurance.

A consultation was launched in December 2024 to seek views on what should constitute a “permitted insurance fee.” The government’s formal response was published on 11 July 2025.

Leasehold house sale ban - Ground Rent

This article looks at the status of the reforms announced so far around the sale of houses of a leasehold basis, ground rents in new leases, the fees payable by leaseholders for essential information needed on sale and the potential changes to the premium payable for a lease extension or freehold.