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Dispute Resolution and Litigation

Dispute Resolution and Litigation

Dispute Resolution and Litigation

Litigation is an unwelcome experience at any time. Dealing with a dispute, be it small or large, can be a particularly demanding experience, especially where there is uncertainty around the cost implications and procedures involved.

Litigation

The Litigation Team at AWS LLP manages disputes for a wide range of clientele. We provide practical and specialist advice with the aim of resolving your dispute quickly and cost-effectively. Working in partnership with you it will always be our objective to:

- Focus on the issues that are paramount to you, the client
- Identifying the goals that you seek to achieve from litigation
- Avoid the cost and uncertainty of long-running litigation.

Court Costs

Whatever the cause for litigation, as your legal advisers, we will fully protect your interests at all times. A failure to appreciate the seriousness of the circumstances may lead to an adverse decision against a person/company which could have been avoided if the correct legal advice had been sought and obtained at an early stage.

Litigation can be very expensive. Even a victor in court can find that recovery of the costs involved is often difficult and carries further expense. Understanding our Clients’ aims means that we can then tailor our advice to give the best possible chance of achieving a successful outcome.
An honest assessment of the costs implication of the various options open to the Client will be provided to you at the outset of our consultation prior to the instigation of litigation or other legal action.

Negotiation & Settlement

Wherever possible, we always seek to settle disputes by negotiation as this is often in the best interests of our clients. Our Litigation Team will work with you to reach a mutually satisfactory outcome to both parties within the dispute.

There are occasions when court action is necessary and in these cicrumstances you can rest assured that our team will provide a robust and efficient presentation of your case in order to gain the best possible result.

Alternative Dispute Resolution (ADR)

In many cases, disputes can be resolved by using alternative dispute resolution (ADR) methods such as mediation and arbitration. These procedures tend to be more informal and less adversarial and indeed, more economical than engaging full Court proceedings.

Our Dispute Resolution and Litigation Specialists

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Legal Updates

Deferment Rate Challenge

The deferment rate is relevant to residential leaseholders whether they are a house owner seeking their freehold, a flat owner seeking a longer lease of their flat or the freehold to their building acting in concert with other flat owners.

The Renters (Reform) Bill: The Final Nail in the Coffin for Private Landlords?

The property investment landscape has been facing increasing challenges in recent years, and the proposed Renters (Reform) Bill — currently progressing through Parliament — could represent a significant turning point for private landlords.

Renter’s Rights Bill and No-Fault Evictions

The King’s Speech on 17 July 2024 promised a number of changes to the current state of leasehold and rental law – some of which we have covered in previous articles. Here we will discuss the proposed changes to No-Fault Evictions under section 21 of the Housing Act 1988.

Currently, once the contractual term of an assured shorthold tenancy ends, landlords can evict tenants without providing any reason. They just need to serve a “Section 21” notice on their tenants, providing a minimum of 2 months’ notice and satisfy certain pre-conditions. If the tenant does not leave during the notice period, they can issue court proceedings to obtain possession. Proceedings for possession cannot be commenced less than six months after the s.21 notice is given (with exceptions).

The King’s Speech confirmed that the government will ban no fault evictions as part of the Renter’s Rights Bill. This is part of a plan to give greater rights and protection to people renting their homes.

The Bill is currently at the report stage in the House of Commons, having had its first and second readings and has now passed through the committee stage with some amendments.