Dispute Resolution Solicitors Herts and Essex
If you have become involved in a dispute with a neighbour, business partner, landlord or tenant, a retailer or a contractor, we can help. Call us on 01279 653 011 for expert legal advice.
Civil Litigation Lawyers Bishops Stortford, Hertfordshire
From time to time we all become embroiled in disputes. Often, through no fault of our own, we become involved in a dispute or disagreement with another person or a company. Most of these are resolved amicably but, on occasion, you may have to go to court.
This is where J L Lezemore Solicitors come in. We act for our clients in the County Court, High Court and Supreme Court, and we deal with ‘fast-track’ and ‘multi-track cases’. However complex your case is, J L Lezemore Solicitors can handle it in a way that suits you.
We advise on:
- Boundary Disputes
- Partnership Disputes
- Setting Aside Judgements
- Residential Landlord and Tenant Disputes
- Dispute resolution & Mediation
- Construction Disputes
At J L Lezemore Solicitors, we offer a unique service tailored to your needs. You can choose how you would like the advice, when you want it and how you obtain that advice – in person, in writing or by video conference, at a time that suits you. We do not operate a 9-5 service and you can choose when and how to contact us (subject to terms and conditions).
Boundary Disputes
Boundary disputes are among the most common and most stressful types of civil dispute. Small disagreements over a few inches can become simmering feuds lasting for years. As such, it’s important to take specialist legal advice at the earliest possible stage.
Many people assume that physical boundaries, such as fences and hedgerows, mark out the area which they own. In their absence, we may assume a mythical ‘straight line’ stakes out the limits of our property. In reality, physical boundaries can shift and change over time – by agreement between previous homeowners, the replacement of fencing, the removal of hedgerows and so on.
It’s also important to remember that the physical boundary isn’t necessarily the same as the legal boundary. Determining the legal boundary can be difficult. Even consulting the ‘Title Plan’ can be misleading, as property is registered with general boundaries in England & Wales. Not just that, but a thick line drawn on a plan can translate into several feet of width on the ground!
If you have become involved in a boundary dispute, if you think you may be (for instance, if you are considering building an extension or a new wall), or if you feel your property is being encroached on, then contact us today. We offer an affordable legal advice service at a time that suits you. As mediators as well as solicitors, we can help you arrive at a practicable, amicable solution to your boundary dispute. We can assist you in drawing up a ‘boundary agreement’, which is an agreement between you and your neighbour as to who owns what; or in having your boundary determined by an expert. Contact us today.
Partnership Disputes
Partnerships are a common business vehicle. Many small businesses take the form of partnerships as they are more flexible and easier to manage than other types of company.
Partnerships may offer an easy way of establishing and running a business, but they are, to a large extent, dependent on the relationship between the partners. If a business or personal relationship goes sour, then it may be necessary to seek legal advice. As mediators and solicitors, we can assist you in reaching an amicable solution at the earliest opportunity. If you would like advice on resolving or avoiding a partnership dispute, contact us now.
If a partnership agreement exists, then the terms of that may well govern what is to happen in the event of a dispute. If the partnership agreement is silent on a particular issue, or there is no agreement in place, then the various Partnership Acts (the Partnership Act 1890, the Limited Partnership Act 1907, and the Limited Liability Partnerships Act 2000) will fill in the gaps.
Partnership disputes arise for many reasons, but the most common are: breaches of the partnership agreement; breach of one partner’s duties to the partnership; a breach of their legal duties; or when one partner is felt by the other(s) to be taking an unfair share of the profits. Even a disagreement over the day-to-day running of the business can turn into a partnership dispute.
These events may lead to one or more partners attempting to expel the offending partner or by leaving the firm themselves. If the dispute cannot be resolved, then it may be necessary to dissolve the partnership. In many cases, the remaining partners will want the business to continue. At J L Lezemore Solicitors, we can advise on the best course of action. As an accredited mediator, Joanne Lezemore can assist you and your partners in reaching an amicable settlement, helping you to avoid lengthy and costly court action. Contact us today.
Setting Aside Judgements
If someone claims you owe them money, they can make an application to have a court judgment made against you. These orders are known as County Court Judgments (CCJs).
If you don’t think you owe the money, or if you think there has been some mistake in the handling of the case, then you can apply to have the CCJ set aside.
Setting aside a court order doesn’t mean the debt is gone, but it does mean that the creditor (the person to whom the money is owed) may have to restart the process of taking you to court to claim the debt. This can give you more time to sort out your finances or to prepare a defence to the claim.
Getting a CCJ set aside isn’t easy. You must show the court that there is a good reason for them to set the judgment aside. It is up to the judge to decide whether your reason is sufficient or not.
You can have a judgment set aside if, for example:
- The judgment was made against you in your absence (a ‘default judgment’);
- The correct procedure wasn’t followed in the making of the judgment;
- You had no opportunity to enter a defence; or
- The judgment contains an error or mistake.
If a default judgment was issued because you missed a hearing, you can ask the court to set the CCJ aside for this reason. It is up to the judge to decide what constitutes a good reason. Normally, sudden bouts of illness, accidents, or some other unforeseen occurrence is sufficient. Other good reasons include correspondence being sent to the wrong address or becoming lost in the post.
It’s important to act quickly, as a CCJ is entered on your credit file and can interfere with your ability to obtain credit including car finance and mortgages. Contact J L Lezemore Solicitors today for expert advice.
Landlord and Tenant Disputes
Becoming involved in a dispute over rented property can be stressful. If you are a landlord dealing with a problematic tenant, or a tenant who needs advice on dealing with your landlord, J L Lezemore Solicitors can help.
We advise on all legal aspects of the landlord/tenant relationship, including:
- Disputes over lease terms
- Disputes over rent arrears
- Dilapidations claims
- Evictions
Dealing with a landlord or tenant dispute can be stressful for both parties. For landlords, their business may be affected. For tenants, their home may be at stake. As such, it’s important to take action as quickly as possible. We also offer a mediation service to help you resolve disputes swiftly and amicably. If you are involved in a dispute with a landlord or a tenant, contact J L Lezemore Solicitors now for advice.
We offer advice on:
- Tenancy rights & evictions, including defending evictions (including possession proceedings and warrants to evict) and unlawful evictions
- Service charge disputes
- New tenancy agreements and extending agreements
- Tenancy deposit scheme disputes.
We offer reasonably priced advice at a time and in a way that suits you. With J L Lezemore Solicitors, you can choose how to receive advice – in person, over the telephone, in writing, or by video conference. Not only that, but we realise that the 9-5 model isn’t convenient for many of our clients. We offer a flexible, modern service tailored to you. Visit our contact page for more information.
Dispute Resolution & Mediation
The clichéd response to a legal wrong is to say “see you in court!” However, few people actually want to go to court. Litigation can be lengthy, expensive and stressful. In a great many cases, both parties can lose out as a result of solicitors’ fees, delays and the time cost to their business.
Nowadays, there are ways to reach a swift, amicable resolution. The rise of mediation, arbitration and other types of ‘alternative dispute resolution’ (ADR) means that parties to a dispute can choose to air their grievances in other ways than in court. Joanne Lezemore is an accredited mediator and can assist you in resolving your dispute, no matter how complex.
As the name suggests, a mediator is an intermediary – not a judge. The mediator is neutral, and is present to help broker a settlement. A mediator works with both parties to find a mutually agreeable solution. Decisions reached through mediation are not binding and, as such, can be altered at a later stage if you are not happy with the initial agreement.
Other forms of dispute resolution include:
Negotiation – This is often overlooked, especially if the dispute is acrimonious. In reality, this can be a valuable way of resolving disputes at a very early stage. Most negotiations take place on a ‘without prejudice’ basis, meaning that the content of the discussions (including any offers made) cannot be relied on by the other side in court.
Arbitration – Unlike other forms of ADR, decisions reached at Arbitration are binding on the parties. In some cases, this is the parties’ preferred means of resolving disputes. While it can be more expensive than mediation, it is often less expensive than litigation. Arbitration proceedings are overseen by a trained arbitrator. Normally this is an individual with a background in the field in which the dispute has arisen.
The arbitrator acts in a similar way to a judge. The arbitrator makes a decision based on the evidence led by the parties. The fact that they are usually an expert in the field makes arbitration useful if the issue at hand relates to a niche type of agreement or contract.
Construction Disputes – Construction work is often legally complex. Most construction projects involve several firms, contractors and sub-contractors, creating many interrelated contractual relationships. With so many parties involved, it’s easy to see how things can go wrong. There may be delays, defective work, shoddy workmanship or any number of other issues.
Construction disputes can be expensive and time-consuming. They can threaten long-term business relationships. As such, they are best dealt with at the earliest possible stage. If you anticipate that an issue might become a problem, you should seek legal advice as soon as you can. We offer advice on commercial and construction disputes and, in addition to being a solicitor, Joanne Lezemore is an accredited mediator. Taking early legal advice on your construction dispute can resolve the dispute before any significant losses are accrued, saving you time, expense and stress.
If you have become involved in a construction dispute, your first step should be to try to resolve the issue amicably. In many cases, a solution will be reached. If this does not work, you may try another means of resolving the dispute such as mediation. Failing that, you may wish to take legal action to recover your losses. While we understand the value of maintaining good relations with contractors, it may be necessary to go to court. If this is the case, we will advise you accordingly.
Contact J L Lezemore Solicitors covering Hertfordshire and Essex
You can choose how you would like to receive your legal advice, when you want it and how you access that advice. We offer services in person, in writing or by video conference – at a time most suitable to you. We offer a flexible and modern service outside traditional 9-5 hours, meaning you can choose when and how to contact us. Please visit our contact page for more information.
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