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Litigation Disputes Bolton, Manchester, Boundary & Business Disputes, Contentious Probate & Wills, Debt

Call 01204 540999 and speak to a legally qualified member of our team who can deal with your enquiry straight away.

Contact our Litigation team now!

See below for details about our Discounted Fixed Fee First Interview Scheme and how we can assist at certain stages of your case.

Dealing with a dispute, whether small or large, can be a particularly stressful experience, especially if you are unsure about the costs and procedures involved. Our Litigation solicitors regularly handle a wide range of disputes and we can provide practical and specialist advice with the aim of resolving your dispute quickly and cost-effectively.

Our lawyers have helped with the following situations:

  • Issues between you and your landlord
  • Boundary and property disagreements
  • Conflicts with retailers, suppliers or service providers
  • Problems with contracts (employment and others)
  • Challenges to Wills, intestacies and estates - see below
  • Professional negligence
  • Where you are having problems repaying debts
  • Somebody is taking you to court or you want to take someone to court - see below

Wherever possible, we always seek to settle disputes by negotiation. In many cases, disputes can be resolved by using alternative dispute resolution (ADR) methods such as mediation . These procedures tend to be less formal and adversarial than litigation to Court. When Court action is necessary we will provide a vigorous and effective presentation of your case. There are occasions however, when Court action is necessary. Rest assured that our Litigation Team will provide a robust and efficient presentation of your case in order to gain the best result for you. We aim to provide a high quality service and will deal with your matter in a friendly and professional manner. We also work hard to ensure that there is regular communication with you to ensure you are kept informed about the progress of your case. Please contact us for advice on 01204 540999.

Fieldings Porter now offer Discounted Fixed Fee First Interview Scheme which includes up to one hour face to face consultation with a solicitor and is followed up by a note of the advice given. 

If you need:-

  • Legal guidance, or
  • A legal perspective on documents you do not understand, or
  • Assistance in drafting legal documents or correspondence, or
  • Legal input to assist with difficult decisions with legal implications

No hidden fees – just one fixed affordable cost of £150 inclusive of VAT.  

Get the advice you need at a fixed cost

This is a cost effective way of getting the advice you need and finding out your options at a face to face – one to one appointment with one of our Litigation Solicitors. Our Fixed Fee Schemes mean there are no hidden costs and the discounted rate provides excellent value for money whilst getting the advice you need.

Our team is made up of specialist Litigation Solicitors with expertise in the following areas:-

  • Alternative Dispute Resolution such as mediation
  • County Court Actions
  • Debt Recovery
  • Inheritance Claims/Contested Wills
  • Construction/Building Disputes
  • Consumer Law
  • Contract Disputes
  • Partnership Disputes
  • Neighbour/Boundary Disputes
  • Professional Negligence

Appointments can take place at our Bolton or Manchester offices and will be with a fully qualified solicitor or trainee solicitor. Payment is required in advance of your appointment and can be taken on the day of your appointment.

This first interview can only be used once for any particular issue. However, Fieldings Porter also offer consultancy schemes which allow you to take professional legal advice whenever you need it and at whatever stage of your case, as a one off or throughout your case, whilst providing you with certainty as to costs. Should these consultancy schemes be of interest to you we can provide the full details at your first appointment.

If you wish to book an appointment under this scheme please contact us.

Our other Fixed Fee Consultancy Schemes

Should you require additional help following the first fixed fee appointment, then we offer other consultancy schemes which can help you obtain as much advice and assistance as you wish at any stage of proceedings in a cost effective manner whilst remaining in complete control of your case.  

Option 1 - Pay As You Go Consultancy Scheme

Cost

Time allowed

£100 inclusive of VAT

Up to half an hour  face to face consultation

£200 inclusive of VAT

Up to one hour face to face consultation

Our Pay As You Go Scheme offers a greater flexibility as to how the time can be used and as often as needed.

The time you pay for can be applied however you wish:-

A meeting or telephone consultation with your solicitor to

  • Discuss the problem and provide an explanation as to your legal options
  • Obtain practical advice on what steps you should take to protect your position
  • Assist with completion of any Court or other legal forms.
  • Assist with the drafting of important letters/documents for you (but which are to be sent by you).
  • Obtaining advice on any legal documentation received by client.

    Option 2 –Early Resolution Scheme

Cost

Time allowed

£600 inclusive of VAT

  • Up to one hour face to face consultation
  • Assess the merits of your case and provide practical advice to progress your case
  • Drafting the  letter before action or initial correspondence to be sent to your opponent
  • Corresponding with the opponent
  • Advising you of the opponent’s response and advising you as to the next step. 

 

If you choose to continue your claim on our standard retainer basis we will help you in making decisions to achieve the best possible result for you.  We will provide you with practical legal advice and support you throughout the entire claim.  We would charge clients at an hourly rate for the work that we do for them.

County Court Action – DIY and Ad Hoc Advice

We understand that going to court can be very expensive. In a civil claim with a value of less than £10,000.00 the Court's general rule is that each party bears their own costs. So even if you win, you may still have a large legal bill to attend to.

In more complex cases it is always advisable to instruct a qualified and regulated solicitor to deal with your case. We understand however that it is not always financially possible to do this for the whole case.

It is for this reason that more and more litigants in person, that it, a person who is not legally represented, are opting to instruct solicitors at specific points in the litigation to assist with specific court directions. Common examples include instructing solicitors to prepare your witness statements or advise on document disclosure. Other examples include the preparation of court bundles or arranging legal representation for the trial. Instructing a solicitor to deal with these tasks ensures that each task is prepared, executed and presented in accordance with the legal rules and principles. Alternatively you may wish to instruct a solicitor to advise you on your prospects of succeeding at trial and any suitable settlement proposals based on litigation risk, namely whether, on balance, you are going to win or not.

If you would like tailored assistance with a civil case you are involved in or you would like to discuss any contemplated court action, contact a member of our Litigation Team today on 01204 540999.

Alternative Dispute Resolution

Wherever possible, we always seek to settle disputes by negotiation. In many cases, disputes can be resolved by using Alternative Dispute Resolution (ADR) methods such as mediation. These procedures tend to be less formal and adversarial than litigation to Court.

County Court Actions

There are many reasons why County Court Proceedings may become necessary and the County Court deals with numerous different types of claim. You can rest assured that our Litigation Team will provide a vigorous and effective presentation of your case in order to obtain the best result. We aim to provide a high quality service but will deal with your matter in a friendly and professional manner. We also work hard to ensure that there is regular communication with you to ensure you are kept informed about the progress of your case.

Contested Probate/Inheritance Claims/Contested Wills

At Fieldings Porter Solicitors we appreciate that when seeking advice for this type of matter it is often at a very distressing time. Many people find it very difficult to make any provision for their death and simply express their wishes to family hoping that these will be carried out. But not only do we leave family and friends behind, we also leave possessions, some of which can be valuable.

At Fieldlings Porter we have experience that even if a Will is made, all may not be as it appears, which can result in a family being torn apart by the contents of a Will. It may be that relatives are excluded with no reason, relatives may exist that are not known about and not included, and a Will may be so old that it no longer reflects changes within the family dynamics. 

Families may disagree with specific legacies being given and all manner of rifts can be created with accusations over the validity and the circumstances surrounding the Will leading to it being contested.

Legally wills can be challenged on four grounds:

  • Not being properly executed (i.e. signed and witnessed)
  • The Testator/Testatrix lacked capacity
  • Undue Influence (i.e. not being made freely)
  • Want of knowledge or approval (i.e. that the Testator/Testatrix did not understand what they were doing or its effect)

If none of these grounds apply and a party has been excluded from a Will, which has resulted in them suffering financially, or has been excluded as they were not known about at the time of the Will or even if they were included but the bequest made was not adequate then a claim against the Estate may be possible under the Inheritance (Provision for Family and Dependents) Act 1975. However, strict time limits of 6 months apply to these type of claims from the date that the Will is proved (i.e. that a Grant of Probate or Letters of Administration) have been issued.

When someone dies in the absence of a will, then they are deemed to have died intestate and as such there are rules about the distribution of the Estate. There may be circumstances where one person believes that they have a right to the Estate in preference to someone else, and a claim under the Inheritance Act can still be brought.

In whichever situation, it is essential that the appropriate advice is obtained as soon as possible so the position can be considered fully.

There may be additional problems that arise in the progression of the administration of an estate which justify the removal and substitution of Personal Representatives and Executors and we can help in this.

Our litigation solicitors can assist and obtain appropriate advice in respect of:-

  • Contesting and Challenging a Will
  • Removal and appointment of Personal Representatives and Executors
  • Claims under the Inheritance (Provision for Family and Dependents) Act 1975
  • Entering Caveats and searches of the Probate Registry

Your first consultation will usually be offered under our Discounted Fixed Fee First Interview Scheme (see above).  This is a cost effective way of obtaining legal advice in a face to face appointment in what is becoming a more common area for dispute between family members who often take the role of executor as well as beneficiary along with others. It is far from straightforward and can become an expensive process. You need to ensure that you are advised by an expert who can also tactfully deal with sensitivities surrounding such cases. Contact our Emma Savage to help you.

Small Claims Court Proceedings

If your claim is worth less than £10,000, then Small Claims Court Proceedings should be issued.  The Small Claims Court is a simplified procedure which enables the parties involved to resolve their disputes as quickly as possible. 

Unfortunately, other than fixed costs, the legal fees you incur in dealing with Small Claims Court Proceedings are not recoverable from your opponent even if you win. We would always advise that you should consider carefully whether this action is appropriate and the need to instruct solicitors to act on your behalf since quite often the costs of taking the action can outweigh the benefits of winning a case at the lower end of the scale.

We appreciate that you may still need some legal guidance to help you through legal proceedings and therefore we have designed our Fixed Fee Consultancy Schemes which will allow you to obtain advice at a discounted fixed fee with no hidden charges. You pay for the time you need when you need it so that you can budget accordingly. See above.

Our Pay as you go Scheme ensures that you remain in control of your case and the costs, making a Small Claims Court Claim a much more viable option financially.

Fast/Multi Track Claims Court Proceedings

If your claim is worth more than £10,000 and you are successful, you can usually recover the legal costs from your opponent, and if it proceeds to court this would be dealt with by the County Court. 

For this type of claim, we would offer our retainer scheme, this will enable our Litigation Solicitors to guide you through the legal process, ensuring that your claim is effectively formulated to maximise your chances of success and we will work hard to obtain and enforce the Court’s Judgement if it proceeds to Court.

Construction/Building Disputes

Whenever you instruct or are instructed by someone to carry out work and services, a binding agreement is created. Very often these contracts have very little in terms of paperwork to support what is involved especially if the services seem straightforward.  

Irrespective of the extent and nature of the contract, disputes can arise. Whether this is over the quality of the work, or the time it takes to carry out the work and if the contract does not refer to these issues, then issues may arise in relation to interpretation of the contract. Obtaining timely legal advice can be crucial.

Consumer Law

As a consumer, you are protected by various Acts of Parliament which are aimed at consumer rights and problems. Such problems include buying faulty goods, fraud, mis-selling of a product, and buying services which are unsatisfactory.

Our Litigation Solicitors are able to provide advice on all aspects of Consumer Law such as The Sale of Goods Act, The Supply of Goods and Services Act, The Consumer Protection Act 1987 and Consumer Contracts Regulations.  

If you have been sold a faulty product, bought services which are unsatisfactory, or have employed a tradesman who has failed to complete the work to a satisfactory standard then we can advise you on your options of either obtaining a refund or suing for damages.

Contract Disputes

A contract is a legally binding verbal or written agreement usually between two or more persons that can be enforced by law. Contracts are a part of everyday life and can include agreements to provide a service or maybe rent a property – either as a landlord or a tenant.

Our litigation solicitors have a wealth of experience and knowledge to enable us to advise you on a wide range of contracts, their effects upon your rights and obligations under them.  We can also advise you on your options which could include issuing proceedings.

Partnership Disputes and Shareholder and Director disputes

You may find that you need legal advice before entering into a contract such a franchise agreement or partnership agreement or have fallen out with fellow shareholders or directors of the company. Our litigation solicitors have experience in dealing with these types of agreements. These agreements can often be lengthy with complex issues.  We are able to clarify any issues so that you are clear on what is required of you and what you can expect to receive before you sign anything.

With this type of work, our costs can depend on the complexity of the situation and we may ask to see the relevant paperwork before providing a quote for the work.

You can expect to receive clear and concise advice and information on your rights and obligations together with any appropriate suggestions for amendments based on the circumstances.

Neighbour/Boundary Disputes

At Fieldings Porter we realise how distressing a dispute with a neighbour can become as the situation can quickly escalate negatively impacting on the neighbourly relationship and your ability to enjoy home life.

Neighbour disputes can usually include issues such as:

  • Boundary, Fences and Wall disputes
  • Trees and High Hedge disputes
  • Party Wall Act disputes and Notices
  • Rights of Way/Trespass
  • Access over neighbouring land
  • Adverse possession claims

Our Litigation Solicitors can offer practical advice and solutions and we will make every effort to avoid court action whenever possible helping you to resolve these issues as early as possible. We would always recommend trying to sort things out with your neighbour as amicably if that is ever possible.  You should try to record all agreements between you and maintain a detailed diary of all incidents as this information could be required if court proceedings prove to be necessary. We would always advise that court proceedings are a final option as this can be a costly process.

Professional Negligence

Many people seek advice from professionals such as accountants, architects, surveyors and solicitors on many different matters. That professional advisor should provide guidance and advice to achieve the best possible result. However on occasions, you may experience poor or careless advice which can lead to serious consequences and if so, you may be entitled to claim compensation from the professional involved. 

Our Litigation Solicitors have experience in helping clients to identify when this is the case and will assess and advise you on the chances of obtaining a successful negligence claim together with the potential costs. Follow the link for more information.

Your initial appointment will usually be offered under our Discounted Fixed Fee First Interview Scheme.  However our costs can depend on the complexity of the claim and we may need offer a retainer scheme.

Fieldings Porter can also assist with claims against medical professionals. However this type of Professional Negligence Claim is called Medical or Clinical Negligence.

 

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