Wrigley Claydon Solicitors

Category: Litigation & Disputes

  • What qualifies as a small claim?

    What qualifies as a small claim?

    A small claim is a claim regarding a civil matter which is under £10,000. You can apply to small claims court if you are owed money by a business or an individual and they refuse to pay. For example, you may feel that you have been unfairly treated as a consumer, due to a lack of compensation for faulty goods or for an unreceived refund.

    Small claims typically include the following:

    • Unpaid debts
    • Bad workmanship
    • Goods not supplied
    • Damage to one’s property
    • Wages owed or money in lieu of notice
    • Disputes between landlords and tenants e.g. rent arrears or compensation for not doing repairs
    • Compensation for faulty goods or services provided

    If you go to court for a small claim, you will have to pay a court fee, from £30 to over £100 depending on your claim’s value. Then you might have to pay an hearing fee as well, if the other party denies owing you the money, which is usually of the same amount as the initial amount.

    The success of making a claim is not guaranteed so you need to think carefully before starting the process. Going to court should always be a last resort.  The court will expect you to have tried to settle the matter through other means before starting any court action. You will have also been expected to warn the other party of the possibility of the court action. However, once you have exhausted these options, if you still feel your situation is worth pursuing a claim in court, we can help you through the process.

    At Wrigley Claydon we can deal with the whole process for you to give you peace of mind or alternatively we can help you with parts of the process you are struggling with. You can find all the information about our small claims support in the litigation section of our website. Alternatively, if you wish to pursue another route before taking court action, we offer mediation services to try and settle disputes without the expense and time of taking full legal action. We also offer letter writing services should you be owed money – read more about our debt recovery services here.

    Please contact our team on 0161 785 3534 or send us a message through this website if you need help with small claims issues or for more information about what we could do to help you.
  • Coughs and colds can have a similar effect on driving as booze!

    Coughs and colds can have a similar effect on driving as booze!

    A recent survey has shown that the symptoms associated with a cough and cold can reduce your level of alertness to a similar level as if you had consumed 4 pints of beer or lager. The survey indicates that coughs and colds can have a similar effect on our driving.

    Nevertheless needs must and it’s not unusual for us to jump in the car and drive in order to do our daily tasks.

    However pause for a moment; if you have consumed 4 pints of beer, would you be so casual in jumping into your car and driving? Probably not as we all know that not only will you most likely be over the legal limit but the consumption of alcohol dulls our senses and makes us less competent drivers.

    Our specialist litigation and personal injury solicitor, Vijay Srivastava comments, “During this season of coughs and colds it is likely that on some days you will feel less than 100%. The blocked nose, fuzzy head, aching bones, bleary eyes and blocked ears makes one feel very sorry for oneself.

    It is all a question of reaction time. Accidents can be avoided if our eyes, brain, hands and feet can all act rapidly so as to avoid us driving into that child, cyclist or car. The slower our reaction times the more likely we are regrettably to collide with one of those people or objects.”

    The next time we suffer with a cold and cough and feel sorry for ourselves, spare a thought for others and consider whether our reaction times have been reduced.

    Our personal injury team would be happy to offer you advice on any accident you have been involved in or injury you may have suffered. Please call 0161 624 6811 to start with and then we can either arrange a face-to-face meeting to discuss the incident in more detail or we offer consultations via Skype.

  • Helping landlords with noise

    All landlords need to be aware of their obligations under laws governing noise and their responsibilities to neighbours. Local councils have a duty to deal with statutory nuisances, however this does not mean they always make the correct decisions.

    In a recent case we successfully appealed against a Noise Abatement Order that had been served on our client  who was the Licensee of a local public house. Our client had been served with the Noise Abatement Order by the Local Authority for allegedly carrying on activity contrary to the Licensing Act 2003. They then came to Wrigley Claydon for advice and we considered the allegations.

    After taking a look at the facts surrounding the case, we advised our client that based on the evidence we had seen there were grounds to appeal the Noise Abatement Order and our client asked us to proceed.

    We arranged for the drafting and filing of the Appeal Notice at the local Magistrates’ Court and following that, the Appeal Notice persuaded the Local Authority that there was no basis for their Noise Abatement Order and they subsequently withdrew the Order.

    As we felt the Order was not justified we also successfully argued at Court that the Local Authority should pay our client’s costs. It is worth noting that had the Appeal not succeeded then this could have had a devastating effect on our client’s profits and livelihood so it is always worth taking advice if you feel you have been unjustly served an Order.

    If you would like to talk to one our team about a legal issue concerning your business then please call 0161 785 3534.

  • Civil Litigation Solicitors

    Establishing whether you have a claim

    There are lots of different types of possible civil claims. You may have been injured or defamed. You might be owed money by someone who has failed to pay, or you may have contracted a disease as a result of some condition in your workplace.

    In each of those cases, your first step is will be to establish whether you have a claim. Ordinarily you will do this be getting the advice of a solicitor, who will consider the law together with the relevant facts and decide whether you might have a valid claim against someone else.

    Wrigley Claydon’s Civil Litigation Solicitors; Vijay Srivastava and Shalish Mehta handle cases efficiently and methodically, analysing the issues involved and advising on the most cost effective way to resolve the dispute in question.

    Should there be no choice but to issue court proceedings, Vijay and Shalish will competently and systematically deal with the considerable paper work and procedural issues within the dispute resolution process. Whilst doing this, they do all they can to find ways to strengthen the case and resolve the issue as quickly as possible

    If we think that you may have a valid claim we will begin putting together the various elements of your case.

    Examples of civil litigation cases we can help with:
    • Breach of Contract
    • Bringing and defending residential and commercial property disrepair claims. Suing builders and contractors where building work is incomplete, unsatisfactory or delayed
    • Claims in respect of faulty goods and services where one party has failed to keep their side of the bargain.
    • Making and defending claims for the renewal of business leases.
    • Recovering payment in respect of unpaid invoices for work done and goods sold.
    • The recovery of unpaid residential and commercial rent
    • Bringing claims where wills do not make proper provision for dependents and acting for estates defending such claims.
    • Cases arising about the mental capacity of the deceased, or questions of undue influence.
    • Claims for compensation, damages and injunctions where copyright and trademarks have been infringed.
    • Claims against any professionals including solicitors, accountants and architects for substandard service, which has caused you financial loss.
    • Protecting your reputation by bringing and defending defamation and libel proceedings where false and malicious statements have been made.
    • Injunctions and damages in respect of neighbour and boundary disputes.
    • Partnership disputes including expulsion of partners and dissolution of partnerships.
    • Claims brought by shareholders in companies whose rights have been breached by the company or other shareholders.
    • Directors disputes including the removal of directors and claims arising from alleged breaches of duties by directors.
    • Statutory demands, bankruptcy and winding up petitions.
    • Landlord and Tenant disputes

    During what is often a challenging and frustrating time for our clients, we use the benefit of our skills and expertise as Civil Litigation Solicitors to offer optimum advice and support.

    For more information on our civil litigation solicitors services please take a look at our Civil Litigation page or call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

     

     

  • Neighbour Disputes Reach Boiling Point

    Neighbour Disputes Reach Boiling Point

    As a nation we are complaining more and becoming less willing to compromise. Wrigley Claydon Solicitors say this is evident with the increasing number of neighbour disputes which they are helping to resolve.

    You don’t have to be going through a bitter divorce or family rift to be involved in regular disputes these days. All you need is a disagreement over who owns a four-inch strip of land and you can be at loggerheads for years with your neighbours. As well as causing you heartache, such fights can cost you dearly and even make your house unsaleable.

    Our litigation specialist solicitor, Shalish Mehta comments,

    “The main causes of disputes are entrenched attitudes, a higher expectation of quiet, incompatible lifestyles with neighbours, lack of modern sound insulation and more powerful sound equipment.Boundary disputes over tiny bits of land can flare up when triggered by another cause such as leaves from one’s tree falling into a neighbour’s garden or a disagreement over parking.”

    HOW TO AVOID NEIGHBOUR DISPUTES

    If you want to prevent boundary disputes you should get an exact map of your land and borders drawn up by a surveyor when you buy a property.

    Be very much on your guard if the person you buy your house from says there is an ongoing dispute with the neighbours. There is a standard declaration for vendors to alert you to this, and if they conceal a problem they are guilty of misrepresentation and may have to subsequently reimburse buyers for any costs incurred as a result.

    Also look at the terms of your lease if you have one. You will see that in many cases floors have to be carpeted and you will be breaking the terms of the lease if you strip them down to the wood.If you have any plans to sell up in the near future think twice about starting a row with your neighbour.

    MAKING A COMPLAINT

    If you do make a complaint and then disclose it, we would usually advise potential buyers to not complete the purchase until the issue is resolved. However, if you live next to a fanatic the issue may never be resolved.

    Even complaining to your local environmental health officer could leave you in a similar position. Of such complaints, about one in six eventually leads to an officer issuing an abatement order, and getting to that stage can take months as you have to prove the problem is a continuing one and not just a one-off.

    Should you find yourself embroiled in a dispute with a neighbour, Shalish outlines how to proceed:

    • MEDIATION

    One solution would be to mediate. The process starts when one party approaches the Mediation Service. A mediator will then pay you a visit, talk the issues over with you and approach the other party, usually by letter. Parties can then choose to have either “face-to-face” or “shuttle” mediation, where the mediator acts as a go between.

    Once an agreement – either verbal or written – is reached, the mediator backs off. They check back in a month to make sure the agreement is holding up.

    Mediation services can be free if funded by councils or charities, but it depends where you live. If they are not free the cost will be around £1000.00 without the use of lawyers. Both parties must reach agreement about splitting the cost early on, but either way it is, as far cheaper than going to court.

    • COURT

    Taking someone to the County Court is expensive and time consuming.

    If you are determined to proceed to court then consult an experienced solicitor such as Wrigley Claydon. We will discuss with you various ways to fund your claim including purchasing legal expenses insurance whereby an insurer may agree to fund part of your claim subject to your claim having a reasonable prospect of success.

    For more information or to speak to our team about neighbour disputes please call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • What is Civil Litigation?

    Oldham SolicitorsThis area of law revolves around the resolution of disputes. The disputes can be between individuals, families or commercial organisations.

    Civil litigation is a legal dispute where one party is seeking money damages or specific performance rather than criminal sanctions.

    Whether you are a business or an individual unfortunately disputes do arise and debts remain unpaid.

    The Civil Procedure Rules allow an opportunity for resolving disputes without going to court. If court proceedings have to be issued our solicitors competently and systematically deal with the considerable paper work and procedural issues within the Litigation process to bring the case to trial whilst always looking for ways to strengthen the case both evidentially and tactically as well as negotiating; thinking laterally to explore avenues to resolve the case, narrow the issues or avoid a costly trial.

    The cases Wrigley Claydon, your Todmorden and Oldham Solicitors can help you with:

    • Breach of Contract

    • Property Disrepair Claims

    • Defective Goods and Services Claims

    • Construction and Building Disputes

    • Unpaid Invoices and Debt Liability

    • Professional Negligence Claims

    • Landlord and Tenant

    • Intellectual Property

    • Defamation and Libel

    • Neighbour and Boundary Disputes

    • Property Litigation

    • Wills and Probate Claims

    • Partnership Disputes

    • Business Lease Renewals

    We have solicitors both at our Todmorden and Oldham offices who specialise in civil litigation. They work efficiently and methodically, gathering evidence early, analysing the issues involved and advising on the cost effective way of resolving the dispute.

    Throughout this whole procedure we constantly try to support our clients to the best of our ability knowing you are experiencing a challenging and often frustrating time in your life.

    As your Todmorden and Oldham Solicitors we strive to provide a high quality legal service to the people and businesses of our area and wider community.

  • Neighbour Disputes

    You don’t have to be going through a bitter divorce or family rift to be involved in regular disputes these days. All you need is a disagreement over who owns a four-inch strip of land and you can be at loggerheads for years with your neighbours, and as well as causing you heartache, such fights can cost you dearly and even make your house unsaleable.

    “There is a definite increase in claims in neighbour disputes” says Frankie Nicholson of insurer Norwich Union.

    As a nation we are complaining more and becoming less willing to compromise.

    Why so many disputes these days?

    We find the main causes of disputes are entrenched attitudes, a higher expectation of quiet, incompatible lifestyles with neighbours, lack of modern sound insulation and more powerful sound equipment.

    Boundary disputes over tiny bits of land can flare up when triggered by another cause such as leaves from one’s tree falling into a neighbour’s garden or a disagreement over parking.

    If you want to prevent boundary disputes you should get an exact map of your land and borders drawn up by a surveyor when you buy a property.

    Top Tips from your Todmorden and Oldham Solicitors in keeping the peace!

    • Be very much on your guard if the person you buy your house from says there is an ongoing dispute with the neighbours.
    • There is a standard declaration for vendors to alert you to this, and if they conceal a problem they are guilty of misrepresentation and may have to subsequently reimburse buyers for any costs incurred as a result.
    •  Also look at the terms of your lease if you have one. You will see that in many cases floors have to be carpeted and you will be breaking the terms of the lease if you strip them down to the wood.
    • If the situation does get nasty try to negotiate with your neighbours.
    • Taking someone to the County Court is expensive and time consuming. One solution would be to mediate. The process starts when one party approaches the Mediation Service. A mediator will then pay you a visit, talk the issues over with you and approach the other party, usually by letter. Parties can then choose to have either “face-to-face” or “shuttle” mediation, where the mediator acts as a go between. Once an agreement – either verbal or written – is reached, the mediator backs off. They check back in a month to make sure the agreement is holding up.

    Mediation

    Mediation services can be free if funded by councils or charities, but it depends where you live. If they are not free the cost will be around £1000.00 without the use of lawyers. Both parties must reach agreement about splitting the cost early on, but either way it is, as far cheaper than going to court.

    Going to Court

    If you are determined to proceed to court then consult an experienced solicitor. They will discuss with you various ways to fund your claim including purchasing legal expense insurance whereby an insurer will agree to fund your claim subject to your claim having a reasonable prospect of success.

    If you have any plans to sell up in the near future think twice about starting a row with your neighbour.

    If you do make a complaint and then disclose it, solicitors would usually advise potential buyers to not complete the purchase until the issue is resolved. However, if you live next to a fanatic the issue may never be resolved.

    Even complaining to your local environmental health officer could leave you in a similar position. Of such complaints, only one in six eventually leads to an officer issuing an abatement order, and getting to that stage can take months as you have to prove the problem is a continuing one and not just a one-off.

    And if we eventually get a summer, windows will be open and people will be out in their gardens – two of the main ingredients in increasing neighbourly friction.

    What Our Clients Say About Us

    “I always found him to be very professional and knowledgeable. He
    was able to communicate well and had a very good understanding
    of the issues needed to be addressed with excellent results.”Ash Hussain- Client

    If you have any questions or would like to discuss a neighbour dispute call Shalish Mehta on 0161 624 6811 or email sm@wrigleyclaydon.com.

    Wrigley Claydon are Todmorden and Oldham Solicitors experienced in dealing with neighbour disputes, we can help you resolve your problem minimising the stress and hassle for both parties.