Dispute Resolution (Litigation) for Businesses

Dispute Resolution (Litigation) for Businesses image

Dispute Resolution for Businesses

We have a strong and talented team of legal experts who can provide specialist guidance in your case irrespective of its nature or its value.

Introduction

From time to time your business may become involved in a dispute with another business or party.  We have a strong and talented team of legal experts who can provide specialist guidance in your case irrespective of its nature or its value.  We cover all areas such as:-

  • Professional Negligence (e.g. by solicitors, accountants, surveyors)
  • Breach of Contract
  • Property Dispute
  • Shareholder Disputes
  • Partnership Disputes
  • Landlord and Tenant Disputes
  • Trademarks, Copyright and Patent Matters
  • Insolvency
  • Injunctions
  • Alternative Dispute Resolution including Mediation
  • Customer Disputes including Product Liability
  • Regulatory matters, such as health and safety, data protection, environmental protection, food safety and hygiene, building regulations, planning enforcement etc.

Our Approach

Our main aim is to try and resolve your case in a way that is cost effective for your business.  Court proceedings can be expensive and risky.  If possible we will try and resolve disputes by way of settlement, saving you the stress, hassle and costs of Court action.  We have an excellent track record of settling claims in a way that is favourable to you.  On the other hand if an aggressive or dynamic approach is required we can litigate your case to its highest.  If needs be we can call upon some of the country’s finest Barristers to assist.

Legal jargon and technical language is avoided, since we will talk to you in plain English and explain all matters to you in a simple and concise way.


Costs

We offer a system of fixed fee interviews, where for a reasonable price we can assess the merits of your case and advise how best to approach the matter.  We can then continue with the case on a fixed fee basis or agree to do what we can within a budget (costs cap) set by you.  To help you budget for your case further we can agree an instalment payment plan rather than insist on lump sum payments.

In certain circumstances we may be able to undertake your case on a “no win no fee” type basis known as a Conditional Fee Agreement. Currently we do not offer Damages Based Agreements for this type of work.

Sometimes your matter may be covered by the terms of a before the event insurance policy that you hold, such as the legal expenses section of a car insurance policy and or a home and contents policy.  We can assess your eligibility under the policy of insurance, and often agree with the insurer to carry on with your case under the terms of your insurance policy.

We can, if the prospects of success in your claim are good and the claim is of a significant value, obtain After the Event insurance (known as ATE insurance) on your behalf.  Such insurance policies help cover the risks of your losing the case by paying the other party’s legal costs in the event that you lose the case.


Here to Help

Gemma Mayer LLB

Gemma assists with property disputes, particularly building up an expertise and knowledge in dealing with boundary disputes, disputes over right of ways and easements as well as advising landlord and tenant “evictions” and similar issues.

Telephone 01775 722261 or Email: gemma.mayer@maplessolicitors.com

Daven Naghen LLB

Telephone 01775 722261 or Email: daven.naghen@maplessolicitors.com


Section 8 Notice or Section 21 Notice? image

Section 8 Notice or Section 21 Notice?

There is one question a lot of landlords have asked us over the years and that is “What is the Difference Between a Section 8 and Section 21 Notice?”.

The most basic difference between a section 8 and section 21 is that a section 8 notice is served when a tenant is in breach of contract (eg rent arrears), and a section 21 is served to end a tenancy agreement, simply so that the landlord can regain possession.

A section 8 notice, or notice to quit as it is also commonly known as, is so called because it operates under section 8 of the Housing Act 1988. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST) when the tenant has broken the terms of the tenancy. You can give between 2 weeks’ and 2 months’ notice depending on which terms the tenant has broken.

Once the period of notice has lapsed and the tenants have not vacated then you can apply to the court for an Order for Possession.

If you need help in completing a Section 8 Notice with the correct notice periods and/or assistance with the grounds for possession then please contact laura.day@maplessolicitors.com or daven.naghen@maplessolicitors.com and we will be happy to assist you with this.

With respect to a Section 21 notice, you can use this notice to evict your tenants either after a fixed term tenancy ends - if there’s a written contract, or during a tenancy with no fixed end date - known as a ‘periodic’ tenancy.

Section 21 Notices are only for use when the prescribed documents have been served on the tenant at the start of the tenancy. You cannot use a Section 21 notice if you have not given the tenants copies of:
• the property’s Energy Performance Certificate
• a current gas safety certificate for the property - You must have given the tenants a copy of the current gas safety certificate before they moved in.
• the government’s ‘How to rent’ guide
You are also required to secure the tenant’s deposit in a Tenancy Deposit Scheme. This government-backed scheme ensures that the tenants get their deposit back at the end of their tenancy, so long as they have not damaged the property, have met the terms of the tenancy agreement and have paid all their rent/bills. You must ensure that such a deposit is put in a scheme within 30 days of its receipt and provided the information of where it is secured to the tenant. Failure to secure a tenant’s deposit will invalidate a Section 21 Notice.

You are also unable to use a Section 21 Notice if it is less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this.

If the tenants do not leave by the specified date then you can apply to the court for a Possession Order. You may wish to use the accelerated possession procedure if you are not claiming rent arrears as generally this route is quicker than applying for a standard possession order and there is usually no hearing involved.

If you want to claim rent arrears then you may either use the standard possession route or use the accelerated possession procedure but then make a separate claim for recovery of the outstanding rent.

The decision as to whether or not to use the section 8 or section 21 route is complex and we would recommend a landlord seeks early advice as to which mechanism to use.

If you require more advice and assistance on Section 21 Notices or which possession proceedings route would suit you then please contact laura.day@maplessolicitors.com or daven.naghen@maplessolicitors.com and we will be happy to help.

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Testimonials

Jamie Dobbs SCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.