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.
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.
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.
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.
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.
The right to manage is simple in concept but unfortunately complex in its application as there are a lot of procedural hurdles that participating flat owners can fall at and this can lead to litigation as of course their landlord needs to be sure whether management will validly vest. Consequently there are a huge number of cases taken by landlords challenging the validity of claims which some might find surprising.
In this, the first of a series of three articles, we look at what it means for residential leaseholders and their landlords with regard to enfranchisement rights (leaseholders rights to extend their lease or acquire the freehold of their house or block) now that the Government has stated that it will implement the provisions of the Leasehold and Freehold Reform Act 2024.
The King’s Speech of 17th July 2024 announced that the Government’s legislative programme would include draft legislation on leasehold and commonhold reform: the “Draft Leasehold and Commonhold Reform Bill.”
This implied that the Government might have in mind leaving the conservative’s legislation, The Leasehold and Freehold Reform Act 2024, on the shelf and perhaps implement a wider set of reforms and consolidate the existing law following the recommendations made by the Law Commission.
The Government has recently provided updates on the phased implementation of the Leasehold and Freehold Reform Act 2024 (LaFRA), which represents a landmark shift in property law aimed at improving rights and protections for leaseholders. It has also enacted one of the many provisions.
We explore the latest developments and upcoming reforms following recent statements by the Housing Minister, as well as their implications for leaseholders and freeholders alike.
