Contract Disputes
A disagreement over a contract can affect your finances, your business and important commercial relationships.
We can advise on disputes involving:
- Breach of contract
- Unpaid money and contractual debts
- Defective or incomplete work
- Disputes over goods and services
- Contract termination
- Misrepresentation
- Disputes over contractual terms
- Oral and unsigned agreements
- Contractual notice requirements
- Claims for losses and damages
We can advise whether you are considering bringing a claim or have received a claim from someone else.
→ Contract Dispute Solicitors
Landlord and Tenant Disputes
Disputes between commercial landlords and tenants can quickly affect property values, cashflow or the operation of a business.
We can provide advice on matters including:
- Rent arrears
- Commercial lease disputes
- Forfeiture and possession
- Dilapidations and repair obligations
- Service charge disputes
- Lease renewals
- Break clauses
- Assignment and subletting
- Alterations and change of use
- Landlord and Tenant Act 1954 matters
Our existing commercial property disputes service already covers matters including possession, property condition, business lease renewals, rent and service-charge recovery and disputes relating to assignment, subletting, alterations and change of use.
→ Landlord and Tenant Dispute Solicitors
Boundary and Property Disputes
Property disputes can become particularly difficult because the issue often involves your home, land or an ongoing relationship with a neighbour.
Our solicitors can advise on disputes involving:
- Property boundaries
- Fences and walls
- Rights of way
- Access to land
- Trespass and encroachment
- Adverse possession
- Easements
- Party walls
- Property damage and nuisance
- Disputes involving neighbouring development
WSP’s existing commercial property disputes page already covers boundary, rights-of-way and party-wall disputes, but the new architecture would give these issues a much clearer home for individuals and residential property owners as well as commercial clients.
→ Boundary and Property Dispute Solicitors
Contentious Probate and Will Disputes
Disagreements following someone’s death can be particularly difficult, especially where grief is combined with concerns about a Will, inheritance or the way an estate is being administered.
We can advise on issues including:
- Contesting the validity of a Will
- Inheritance Act claims
- Concerns about testamentary capacity
- Undue influence
- Executor and administrator disputes
- Beneficiary disputes
- Removing or replacing an executor
- Probate caveats
- Disputes over the administration of an estate
- Proprietary estoppel and promises of inheritance
WSP already has specific content covering claims under the Inheritance (Provision for Family and Dependants) Act 1975, including making and defending claims, eligibility, reasonable financial provision and the usual six-month time limit following the grant of representation.
→ Contentious Probate and Will Dispute Solicitors
Building and Construction Disputes
Building projects do not always go to plan. Disagreements can arise over the quality of work, delays, payment or what was originally agreed.
Subject to confirming the exact scope of work WSP accepts, this page could cover:
- Defective building work
- Incomplete work
- Unpaid building invoices
- Disputes over quotations and agreed scope
- Delays
- Variations and additional charges
- Disagreements with contractors
- Residential building disputes
WSP currently identifies “building disputes” as part of its dispute-resolution offering on its Stroud office page.
→ Building Dispute Solicitors
Business Disputes
Commercial disagreements can divert management time, disrupt important relationships and create financial uncertainty.
Subject to confirming the precise matters handled by the litigation team, I would position this as the wider commercial disputes category and cross-link heavily to Contract Disputes.
Potential services could include:
- Business-to-business disputes
- Contractual disputes
- Supplier and customer disputes
- Payment disputes
- Partnership disputes
- Shareholder disputes
- Professional and commercial disagreements
- Urgent commercial disputes
→ Business Dispute Solicitors
Do I need to go to court to resolve a dispute?
No. Court proceedings are only one way of resolving a dispute.
Where appropriate, our solicitors will look at opportunities to resolve the problem at an earlier stage. Depending on your circumstances, this may involve corresponding with the other party, negotiation or alternative dispute resolution.
The existing Commercial Property Disputes page already establishes a useful WSP position here: it discusses letters before action, private negotiation, mediation, arbitration and court proceedings.
Negotiation
A solicitor may be able to negotiate directly with the other party or their legal representative and explore whether an agreement can be reached without issuing proceedings.
Mediation
Mediation involves an independent mediator helping the parties explore whether they can reach an agreement. It can be particularly useful where preserving a business, family or neighbour relationship matters.
Other forms of alternative dispute resolution
Depending on the dispute and any existing agreement between the parties, other forms of dispute resolution may be available.
Court proceedings
Sometimes proceedings are necessary to protect your position or achieve the outcome you need. Where litigation is required, we can advise you about the claim, evidence, procedure and risks involved and support you through the process.
The aim is not simply to litigate. It is to identify the most effective way of resolving the problem.
How does the dispute resolution process work?
1. Understand the dispute
We will talk to you about what has happened, review the relevant documents and understand what you want to achieve.
2. Assess your options
We will advise you on your legal position, the strengths and risks involved and the possible outcomes.
3. Decide on the right strategy
Depending on the circumstances, this could mean corresponding with the other party, negotiating, pursuing alternative dispute resolution or preparing for proceedings.
4. Work towards a resolution
Many disputes can be resolved without reaching a final court hearing. Where an agreement is possible, we can negotiate and document the settlement.
5. Court proceedings where necessary
Where proceedings cannot be avoided, we can help you progress or defend the claim and advise you throughout the litigation process.
What should I do if a dispute has started?
Getting legal advice early can give you more options.
Before taking action, it can be helpful to:
- Keep copies of contracts, agreements, letters and emails.
- Preserve photographs and other relevant evidence.
- Keep a clear record of what has happened.
- Avoid deleting potentially relevant communications.
- Take advice before terminating an agreement or taking significant action against the other party.
- Tell your solicitor about any approaching deadlines, court documents or formal notices immediately.
- Check whether you have legal expenses insurance that might cover some or all of the legal costs.
Do not ignore a formal claim, court document or legal notice simply because you disagree with it.
How quickly should I speak to a solicitor?
As early as possible.
Disputes can be subject to legal time limits and procedural deadlines, and waiting can sometimes make a dispute harder to resolve.
Early advice can also help prevent a disagreement escalating unnecessarily.
If you’ve received court proceedings, a formal letter before action or another document containing a deadline, let us know when you first get in touch.
How much does it cost to resolve a legal dispute?
The cost of resolving a dispute depends on its complexity, its value, how the other side responds and whether it can be settled without formal proceedings.
We will discuss likely costs with you at the outset and advise you on whether the cost of taking action is proportionate to what you are seeking to achieve.
Depending on the type of dispute, we can also discuss the funding arrangements that may be available.
This builds on the existing Commercial Property Disputes page, which says WSP provides a transparent quote at the outset, keeps clients updated and agrees expenditure in advance. The existing Inheritance Act Claims page separately identifies CFA funding as potentially available for qualifying inheritance disputes.
Can I recover my legal costs from the other side?
Potentially, but clients should not assume that the other side will pay all of their legal costs even if they win.
The approach to costs will depend on factors including the type and value of the claim, the procedure being followed, how the parties conduct the dispute and its outcome.
We will discuss the potential costs and risks with you so you can make informed decisions as the dispute progresses.
Why choose WSP to resolve your dispute?
Clear advice from the start
A dispute can quickly become confusing when there are two competing versions of events. We will help you understand the legal position, the strengths and weaknesses of your case and the options available.
Focused on the outcome
Winning an argument is not always the same as achieving the best outcome. We will take the time to understand what matters to you and keep that objective at the centre of our advice.
Proportionate and practical
The time and money spent on a dispute should make sense in the context of what is at stake. We will help you understand the potential benefit, costs and risks before deciding how to proceed.
Resolution where possible, litigation where necessary
We will explore opportunities to resolve your dispute without court proceedings where that is the right approach, while helping you take or defend formal proceedings when necessary.