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

Assured Periodic Tenancies and SDLT: The Implications of the Renters’ Rights Act

The Renters’ Rights Act 2025 (RRA 2025) shakes up the traditional structure of residential tenancies – fixed-term assured shorthold tenancies will be abolished and home rentals must instead take place as assured periodic tenancies (APTs) from 1 May 2026.

One elusive but significant consequence of this arises from the interaction between the new tenancy model and the existing Stamp Duty Land Tax (SDLT) regime.

However, what looks like just a shift in tenancy structure could, in practice, pull thousands of renters into scope of SDLT reporting and payment obligations for the first time.

Deferment Rate Challenge

The deferment rate is relevant to residential leaseholders whether they are a house owner seeking their freehold, a flat owner seeking a longer lease of their flat or the freehold to their building acting in concert with other flat owners.

High Court Dismisses Freeholders’ Challenge

The High Court has now issued its much-anticipated judgment in Arc Time Freehold Income Authorised Fund and others -v- Secretary of State for Housing, Communities and Local Government [2025] EWHC 2751 (Admin), firmly rejecting the judicial review brought by several of London’s largest landed estates.