I cannot thank Stephanie Kerr and Nicola Turner enough for being so professional and sorting everything out, using plain English.Mrs C Brown
Litigation & Dispute Resolution
If you are facing a dispute and need to put things right, we help resolve matters speedily and thoroughly. Our litigation experts will offer the objective opinion you need to help you see things more clearly.
We will always look at alternative means of resolving disputes but if litigation is the only option, you can feel reassured that you have the right team on your side.
Whether you are making or defending a claim, we look at the facts and give you the straightforward, plain-English advice you need.
If it’s got to this stage, we understand it will be weighing on your mind, so our style is approachable and helpful – and we’ll keep you updated on progress throughout.
- Electronic Wills
- Napthens’ teams praised in latest Legal 500
- Mediation in inheritance disputes
- ‘Right of way warning’ for rural landowners
- Welcome for decision clarifying inheritance claims by adult children
- Make sure your estate is in safe hands
- ‘Check validity’ warning over Wills
- ‘Disputed Wills’ warning from expert
- Flood warning for your new home
- ‘European brand protection’ warning follows Brexit decision
- Warning for landowners and access users
- ‘Adequately providing’ for partners after death
- Deaths of celebrities leave family Probate battles
- Nicola joins Litigation team at Napthens
- ‘Northern Power’ listing for Sian
- What are my property rights as a spouse or cohabitee in the event of death or separation?
- Top tips for dealing with insurance claims
- To avoid disputes, choose Executors of your Will wisely
- ‘Earn-outs’ in acquisitions prompting litigation
- Where should my title deeds be registered?
- Litigation specialist Andrew joins Napthens
- Warning over ‘disinheriting’ children from Wills
- Prepare a Will to ‘ensure certainty’ warns expert
- Trademark warning to small businesses
- Contestation warning on DIY wills
- Social media used in bankruptcy cases
- Is a Will valid?
- Be clear on legal language to avoid disputes
- Warning over online dispute system
- ‘Manorial rights’ warning
- Landlords warned over illegal evictions
- Warning to families over undue influence case
- Landlords in freehold ‘breach’ warning
- Napthens in Blackpool hires litigation expert
- Illegal immigrant warning to landlords
- ‘DIY Will’ warning
- ‘Nothing to fear’ from rental market reform
Can someone dispute my Will?
A close relative (spouse, former spouse, child or grandchild) can contest a Will if they have been omitted or believe they are entitled to more of your estate. The Court may redistribute an estate accordingly if they feel any of the above were omitted unintentionally. A Will can also be contested if there is proof that the Will writer was of unsound mind when making a Will, or that the Will has been forged or tampered with. It is very important to make sure your Will is not ambiguous and that your wishes are clear and concise, in order to avoid potential dispute.
I bought a dishwasher online with my credit card, but the item has not arrived and the trader has gone into liquidation. Is there anything I can do?
Yes; if you have paid any of the sum on your credit card, you are protected under Section 75 of the Consumer Credit Act 1974, and you can make a claim against your credit card company if that single item cost more than £100 (excluding any fees or charges eg delivery). Get in touch with your credit card company in order to make a claim.
I have bought an expensive new stereo system which has stopped working! What are my rights?
The first point of call is to contact the seller and discuss your options. You do have certain rights under the Sale of Goods Act 1979 which state that items need to be fit for purpose and last a reasonable amount of time. Obviously, ‘reasonable’ is a matter of interpretation, but you may have a potential claim if they refuse to offer a repair or replacement. Of course, do remember to keep your receipt and copies of any guarantees as a record of the transaction.
I hired a plumber to fix my central heating. The boiler worked for a week and then stopped working again. He is refusing to come back and complete the repair and has told me he will take me to court if I do not settle his invoice. What can I do?
The first step would be to contact the plumber, preferably in writing, advising why you are disputing the invoice. Given that he did do some work, it is probably reasonable to make some offer of payment, but perhaps suggest that you withhold payment of the full amount until he has completed the work to your satisfaction. If you are unable to come to a compromise, you have various options available, including mediation or a potential litigation claim.
My neighbour has moved a fence which now encroaches on my land. What can I do?
The first thing would be to check the Title Deeds and plans of the property to make sure they have actually encroached on your land – it could be that they are simply reclaiming their own land. If they have encroached and you are on good terms with your neighbour, try negotiating with them to resolve the matter with them amicably. Failing that, it may be possible to deal with the matter more formally, with mediation or litigation action.
My neighbour regularly plays loud music well into the night, which is keeping myself and my small children awake. They continue to do so, despite my requests for them to stop. Is there anything I can do?
This depends on the situation. For example, if they rent the house (particularly if they are a council tenant), they will have to abide by certain terms in their tenancy agreement which may be easy to enforce. However, even if they are the home owner they still have a duty to keep reasonably quiet between the hours of 11pm – 7am. Keep a diary of the incidents and report the matter to your Local Authority so that they have a record in order to investigate your complaints.
Commercial Property Litigation