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Dispute Resolution and Litigation

Dispute Resolution and 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

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Legal Updates

Buying a house with an annexe and Stamp Duty Land Tax

Before you bid for a houses with an annex you need to carefully consider the amount of Stamp Duty Land Tax (SDLT) you will have to pay; it is complicated.

Enforceability of Restrictive Covenants

Restrictive covenants can stymie development.  The case of Bath Rugby Limited v 77 Great Pulteney Street Limited and Godfrey Douglas White and Others illustrates the point.

Leasehold Reform

The Leasehold and Freehold Reform Act 2024

 

The Leasehold and Freehold Reform Act 2024 (LaFRA) represents a significant shift in property ownership laws in England and Wales, aiming to enhance the rights of residential leaseholders, this being flat and house owners.

While it received Royal Assent on 24th May 2024 only a few provisions were brought into effect then, and it wasn’t until the end of January that the first change relating to enfranchisement rights came into effect. This was the removal of the requirement to have owned your flat or house for two years before you could claim an extended lease or the freehold to your house.

Now a number of provisions of the LaFRA relating to the Right to Manage (RTM) have been brought