Litigation and Disputes Solicitors

Being involved in a dispute, no matter the circumstances or complexity can be a stressful and concerning situation for anyone.

Without the right legal guidance, it is probable for matters to escalate further, causing even more disruption in your life than has already been caused. When you seek legal support from a professional, you can be confident in receiving specialist dispute resolution assistance, ensuring stress is kept to a minimum.

At Kingsfords, we offer expertise relating to a wide variety of disputes. The team has many years of collective experience in advising on litigation matters, negotiating and settling claims, as well as bringing and defending court cases in a range of matters across all complexity levels.

We provide clear, practical, and economic advice at all times. No matter your circumstances, our dispute resolution lawyers have your best interests at heart, always striving to achieve the best for you.

Our dispute resolution lawyers can provide expertise in matters including:

• Contested probate actions, Inheritance Act and breach of trust claims
• Landlord and Tenant disputes including dilapidation claims, service charge disputes and forfeiture actions
• Property disputes (including boundaries, easements (i.e. rights) and covenants)
• Possession claims and recovery of rent
• Trespass and nuisance claims
• Professional negligence
• Housing and disrepair claims
• Building and minor construction and engineering disputes
• Company disputes (including shareholder, directors disputes, breach of fiduciary duty, unfair prejudice and derivative claims)
• Partnership disputes
• Breach of contract claims
• Insolvency and debt advice
• Debt recovery for both businesses and individuals
• Claims in Tort for the recovery of converted goods
• Special Educational Needs & Disabilities (SEND) and EHC Plans

Importantly, we will inform you if we believe that you are unlikely to succeed in your case or, if it would not be cost-effective to continue with it, we will advise as to how best to resolve the matter.

Speak to our dispute resolution solicitors in Kent today 

Speak to one of our litigation solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our enquiry form on the right hand side of the page to request a call back.

Our dispute resolution expertise

Contested probate actions

Disputes around Wills can be extremely upsetting, especially while you are experiencing grief. Seeking legal support is important to ensure matters are swiftly resolved. Our dispute solicitors can help individuals both disputing and protecting a Will.

Our solicitors can assist with contentious probate issues, including challenging a Will, inheritance act claims, executor disputes, beneficiary disputes and claims by or against an estate. No matter the situation, whether it is straightforward or more complex, our lawyers can provide advice tailored specifically to your needs.

Landlord and tenant disputes

Landlord and tenant disputes can be incredibly troublesome, especially where your landlord has breached the tenancy agreement. Where you are involved in such a dispute, it’s paramount to seek guidance from a legal expert.

Our solicitors are experienced in a wide spectrum of landlord and tenant disputes, including rent arrears, dilapidations, recovering vacant possession, lease extensions and lease enfranchisement disputes and right to manage disputes.

Property disputes

It is common for disputes to occur between neighbours over issues such as property boundaries, antisocial behaviour and more. Property disputes can cause considerable disruptions to your everyday life when left unresolved.

Seeking legal advice at the earliest opportunity is important. Our solicitors will take the time to understand your situation and the disruption it caused to you and advise on the best way forward, whether through amicable negotiations, mediation or taking steps further, such as civil litigation.

Trespass and nuisance claims

Whether you have experienced consistent nuisance, meaning you are unable to enjoy your property rights, or where another has been negligent by breaching their duty of care, you could be eligible to make a claim for compensation.

A situation like this can cause considerable damage, along with stress and disruption to your entire life. Our team understand the impact this can have and will take the time to assess whether your situation is eligible for a compensation claim. Should it be, we will assist in negotiations or, if necessary, make a claim to the court for compensation.

Professional negligence

Professionals are supposed to be trained, skilled and experienced in their area, so where they are negligent, it can be extremely damaging to you, often causing financial problems and having the ability to impact your emotional wellbeing.

Our solicitors have assisted in claiming compensation from a variety of professionals, including accountants, architects, financial advisors, insurance brokers, solicitors, surveyors and more. No matter your situation, we can provide clear, realistic advice you can trust. We have the experience to ensure our clients get the outcome they need while avoiding unnecessary conflict.

Housing and disrepair claims

Where a landlord fails to fulfil their obligations after a tenant has reported a problem and given sufficient time for the matter to be handled, it’s important to make a housing disrepair compensation claim.

At Kingsfords, we understand how frustrating such a situation can be, especially where the problem is impacting your general life. Our solicitors can assist in the claims process and have a strong track record for success in settling claims.

Company and partnership disputes

Being involved in company and partnership disputes can be stressful and impact many aspects of your life when time and energy has to be spent on resolving matters. Seeking legal expertise is necessary to ensure matters are swiftly resolved and stress and the impact on your general life is kept to a minimum.

Our team have worked with a wide range of clients in various sectors, resolving all types of company and partnership disputes. We take pride in building strong relationships with our clients and helping them to navigate through challenging situations, such as a dispute.

Breach of contract claims

Where a contract is breached by a party failing to adhere to set terms and obligations, it can cause a number of issues. Making a claim is important to ensure you receive compensation for your suffering.

Our team of litigation lawyers have a broad scope of knowledge, having assisted many clients over the years in various breach of contract incidents. We will be able to access your situations and provide tailored advice and guidance over the appropriate next steps.

Insolvency and debt

Financial hardship is a difficult situation to be involved with, often with many concerns over the future and what will happen to you and your family or your business. If you’re involved in an insolvency and debt dispute with a creditor, you need legal assistance. Equally we commonly act on behalf of creditors who wish to rely on the insolvency tools available to them to secure recovery of any outstanding sums

Our solicitors can provide you with a wide range of options appropriate to your situation in hopes of swiftly resolving matters, liaising as required with partner Insolvency Practitioners.

Debt recovery

Having someone owe you money can be a stressful situation that has the potential to impact your finances and mental health, or indeed the viability of your business as appropriate. If you need to recover debt, it’s essential to seek assistance from a professional.

We have a strong track record of recovering debts. When you choose to work with our dispute resolution solicitors, we can handle each step of the process, including pre-action letters, court proceedings and enforcement. We will always choose the most cost-effective solution that keeps stress levels to a minimum.

Claims in Tort for the recovery of converted goods.

If you operate within the logistics sector the attrition to your business equipment can have a significant impact on your business. We can recover those goods for you, seeking damages for your losses and where necessary secure restraining injunctions against the perpetrators to ensure similar issuers are not repeated.

Special Educational Needs & Disabilities (SEND) and EHC Plans

Parents of children with SEND face many challenges when having to deal with Local Authorities and navigate their way through the Education, Health & Care Plan (EHCP) process.

Our solicitors are able to advise on the various steps involved, appeals to the SEND Tribunal and complaints to the Local Government & Social Care Ombudsman.

Frequently asked questions about dispute resolution

Do I have to go to court for litigation matters?

If you are involved in a personal dispute, it can feel quite daunting, especially the thought of having to attend a court hearing. However, in most instances, disputes can be settled through other means, meaning court may not be necessary for your situation. The court often wants to see those involved in a dispute attempt to find an outcome through means of alternative dispute resolution before applying to court for proceedings.

What dispute resolution methods are there?

Letter before action

Letter before action can be used in circumstances such as debt recovery, advising the other party that court action will be brought against them if action is not taken.

Negotiation

Negotiation is a commonly used alternative dispute resolution method where the parties and their appointed solicitors will attempt to find a solution through written communication or meetings.

Mediation

Mediation is often one the most commonly used approach during litigation. The involved parties will meet with a trained neutral mediator who will help the parties to find an agreeable solution.

Arbitration

Arbitration is similar to court proceedings but more private, less expensive, and quicker. During an arbitration meeting, the involved parties will meet with an arbitrator where each party will present their argument, and evidence and the arbitrator will make a legally binding final decision based on those. In some cases, it may require multiple meetings before a decision is made.

Court proceedings

Civil litigation should only be used as a last resort or where other methods are not appropriate. A judge will listen to arguments and evidence presented by either party or their representing solicitor and make a judgement based on those.

Should you need to take your personal dispute to court, our dispute resolution solicitors can assist in drafting a solid court application, along with a robust argument and supporting evidence. We can also represent you during the hearing if necessary.

How long does it take to resolve a dispute?

The time it takes to resolve a dispute will largely depend on the individual circumstances of a case and what methods are used to find a resolution. As you may expect, if an agreement can be reached via negotiation and without the intervention of the court, proceedings will be much faster and, in some cases, could take just a matter of weeks to be finalized.

Whereas a claim that ends in court proceedings will take much longer to resolve, due to the various procedures that need to be followed and the additional complexity of the case. Where court is required, a claim could take anywhere from a few months to a year to be resolved.

What are pre-action protocols?

Pre-action protocols govern the conduct of the parties involved in a dispute what steps should be taken before a claim is issued to the court. They are present to help encourage the early exchange of all the relevant information that relates to a prospective claim, enable both parties to avoid litigation by agreeing to a settlement and, where litigation cannot be avoided, support the efficient management of proceedings.

There are various different types of pre-action protocols for different types of claims. Failing to comply with the terms of a pre-action protocol is likely to be taken into account during court proceedings.

What is a letter before action?

In debt recovery cases, a letter before action is a formal letter that requests the payment of a debt and warns of the issue of a court claim if it is not paid. It sets out exactly what is owed and will set out a time period in which to pay.

Before any legal proceedings are launched, a letter before action must be sent.

What is the difference between civil and commercial litigation?

Civil litigation refers to a dispute between two parties who are individuals, whereas commercial litigation refers to a dispute between businesses or companies.

What is a litigation friend?

A litigation friend is someone who can conduct court proceedings on behalf of a child, or a ‘protected party’ (someone who is incapable of managing their own affairs). The court will check if someone is suitable to be nominated as a litigation friend. Where no one is suitable, or willing to step in as a litigation friend, the court may ask a solicitor to fulfill this role.

Speak to our dispute resolution solicitors in Kent today 

Speak to one of our dispute resolution solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our enquiry form on the right hand side of the page to request a call back.