Dispute Resolution and Civil Litigation

Wosskow Brown’s Civil Litigation Solicitors are here to help our clients with resolving those unfortunate disputes that may arise across a vast range of areas, whether it’s a workplace dispute, an issue with a neighbour, or even with a friend or family member.

It’s no secret that having an experienced legal expert on your side is a massive help when dealing with a legal dispute. Whether you’re pursuing a claim or defending one, our solicitors will give you valuable advice when dealing with your claim.

Get in touch with our civil litigation solicitors in Sheffield and Barnsley

Contact our expert civil litigation solicitors in Sheffield and Barnsley for advice about how to enforce your rights.

We have local offices across Sheffield on Attercliffe Road and in Gleadless and Hillsborough, plus an office in Barnsley.

Give us a call at your nearest branch or fill in our online enquiry form, and we’ll give you a call back as soon as possible.

Dispute Resolution and Civil Litigation

How our dispute resolution lawyers in Sheffield and Barnsley can help

Our experienced team of solicitors can help you with your claims in many areas of law, and we will thrive to do our best for you, finding a solution that works most effectively.

Alternative Dispute Resolution (ADR)

Whilst our team relish the challenge of dealing with disputes that go to court, our client’s best interests are always at the heart of what we do. We will explore many possible avenues when it comes to dispute resolution. Sometimes, settling the dispute out of court is the best option, so we will certainly consider whether this is the most suitable route for your case.

There are many different types of dispute resolution, which are as follows:

Mediation

Mediation is one of the most popular types of Alternative Dispute Resolution (ADR). This method involves a Mediator; a third-party person who is unbiased. The Mediator will open up a dialogue between the parties involved in the dispute, with the hope that they can agree outside of court.

Arbitration

Arbitration is a type of Alternative Dispute Resolution that involves getting a legal expert involved who has an understanding of the technical details of a dispute. Arbitration is completely private, and the two parties will be legally bound by the arbitrator’s decision. It is relatively informal and is often more flexible and affordable than other forms of Alternative Dispute Resolution.

Without Prejudice Negotiations

Without prejudice negotiations do not involve a third-party negotiator. Instead, it involves enabling the two parties to engage in a constructive discourse together. This method of dispute resolution encourages the parties to be open and honest with each other because anything they say in a ‘without prejudice’ meeting is confidential and can only be shown to the court when deciding liability for costs post-judgement. Furthermore, this type of ADR can be helpful even if a full settlement isn’t reached because the open communication between the parties may have resolved some issues. In turn, this can make the court proceedings quicker and more cost-effective.

Early Neutral Evaluation

Early neutral evaluation is a non-binding form of ADR in which a neutral third party – usually a judge, retired judge, or Queen’s Counsel – will listen to both parties’ submissions and explain their view on the likely outcome if the dispute was to go to trial. The view of the third party involves no prejudice and is not legally binding on the parties involved, but the evaluation usually helps to encourage settlement discussions.

Adjudication

Adjudication is used in building and construction disputes, this type of ADR involves a third party called an ‘adjudicator’ who is usually an expert in the relevant subject matter. This person will consider the claims of both parties before making a decision. That decision then becomes binding on both parties unless or until the dispute is settled in another way, such as arbitration, litigation, or agreement. Adjudication is a speedy method of alternative dispute resolution; under the statutory adjudication provisions, the adjudicator has 28 days from the appointment to come to a decision.

Dispute Resolution and Civil Litigation

Consumer or Retail Disputes:

Retailers and consumers can find themselves in disputes over goods or services that have been provided.

Consumers might start a dispute after a dissatisfactory experience with a service that’s been provided, the sale of goods that are not to their anticipated standard, or failure to maintain a contract with an insolvent trader, amongst other things.

An unhappy consumer must get the professional help they need to deal with the retailer effectively. As a consumer, you’re more likely to find a good solution if you’re clued up on all your legal rights and the remedies available. We can look through your contract and any relevant legislation for you, assisting you in reaching a solution you’re happy with. We’ll also try to ensure the process is as cost-effective for you as we can and explore options that involve asking the retailer to take certain actions to deal with the issue.

Alternatively, if you’re a retailer and a dispute has arisen relating to goods or services you’ve sold or provided, we can help you to sort the problem out preventing it from snowballing into a bigger issue.

A consumer may have started a dispute with you; our experienced solicitors at Wosskow Brown will try to resolve the matter in a way that aligns with the needs of your business.

Contract Disputes:

Contract disputes can be lengthy and stressful challenges for businesses and individuals. They can often lead to sleepless nights, but we’re here to take some of the weight off your shoulders. As experienced solicitors, Wosskow Brown are here to help and assist you in navigating those challenges. With our wealth of knowledge and expert advice, can ensure any such dispute is more manageable.

A contract dispute may arise when a person or business does not act in accordance with a contract, or actively seeks to breach that contract, which will then cause issues for the other parties to the contract.

If you suspect that an issue with a contract may arise, it’s a good idea to seek the advice of a legal professional as soon as you can. They may be able to help you mitigate the contractual issue and potentially prevent a serious dispute from arising. The longer you leave it, the bigger the risk of the dispute getting serious. It is vital that you get in touch with us quickly so we can act efficiently to help with your contract dispute, minimising the impact it may have on you or your business.

Disputes with Wills and Estates:

Healthcare and Care Home Disputes

So many people across the country rely on the great care homes we are lucky to have. However, when health and social care services are cut, issues with the care homes can occur. Disputes regarding care homes can vary, with cases ranging from a resident’s relative having an issue with fees to a care home operator having purchased a care home before finding that the properties are faulty or unsuitable in some way.

Inheritance claims

Of course, the death of a family member is a distressing time for anyone, and that feeling of sadness can be emphasised if their Will isn’t valid or doesn’t satisfy everyone. If somebody has not been reasonably financially provided for on the death of a loved one, they might be able to bring about a claim against the Estate under The Inheritance (Provision for Family and Dependants) Act 1975. This act is in place to protect dependants from financial difficulty if the Will has not sufficiently provided for them.

Trust disputes

Acting as a trustee can bring about some complications, and sometimes this can result in a legal dispute. What if you’ve been appointed as a trustee but you no longer want to oblige by the duties involved with taking on that role? What if there are other trustees, and you disagree on how the trust should be managed? There could even be disputes between the trustees and the beneficiaries. The best thing you can do if an issue arises is to contact one of our experienced team members at Wosskow Brown, whether you’re a trustee or a beneficiary.

Injunctions

Some disputes result in immediate action needing to be taken and this often comes in the form of an injunction.

An injunction is a Court order that prohibits a person or a business from taking certain acts or requires them to perform a certain action. When a legal dispute arises, injunctions are usually used to maintain current conditions so that neither party is disadvantaged while the dispute goes to trial.

Wosskow Brown’s dispute resolution and civil litigation solicitors have experience in acting for both those who are facing the threat of an injunction and those who are seeking an injunction against a person or business. Whether that’s for a dispute involving defamation, breach of restricted covenants, fraud claims or breach of confidentiality clauses, we are here to help.

For an injunction to be granted by the Court, strict criteria must be met. The party bringing the application for an injunction must provide to the Court substantial evidence of the proposed wronging to ensure the Court is well informed to consider whether an injunction is suitable.

There are different types of injunctions, including a Search Order, Freezing Order, and Disclosure Order. The evidence threshold does differ depending on the type and nature of the injunctions you are seeking.

Wosskow Brown will provide you with an honest assessment of your case, and inform you of how likely you are to succeed in an application for an injunction.

Professional Negligence

Sometimes, despite paying for professional service, it does not always go as planned.

If you have had an individual or company carry out a professional service for you, and that service or advice was delivered incorrectly or inadequately has resulted in you sustaining a substantial loss, be that financial or personal, you or your business may be able to make a claim for professional negligence.

When a professional service is provided, there is a legal obligation for this to be done with sufficient due care and attention. Entering into an agreement for professional services, there is an implied obligation that the provider will provide you with all due care when conducting your matter. When this duty of care, is inadequate, you may be able to bring a claim for professional negligence against the service provider. Your claim can help you get back to the position you were before any financial loss was sustained, to enable you to now seek service from another provider.

If you feel that you have suffered professional negligence, please don’t hesitate to contact our friendly and efficient dispute resolution and civil litigation solicitors at Wosskow Brown.

Property Disputes

Boundary disputes

Boundary disputes have been frustrating people for years. The tedious nature of such disputes can grind people’s gears. Problems between neighbours can occur in instances such as when one neighbour builds a fence, and the next-door neighbour is unhappy with the positioning of the fence. This can then spark a dispute over where the boundary lies, and who has the right to build on that area of land.

With boundary disputes, it’s a good idea to keep an eye on how much the dispute is costing you; how much you’re paying to ‘win’ the dispute. This is because in some cases, the land in question doesn’t have much value, and so the costs involved with the dispute can quickly outweigh the value of the land. Plus, it’s important not to go into a boundary dispute ‘all guns blazing’, because it might not even be your neighbour’s fault. Boundaries can be unclear, so honest misunderstandings are very possible. Working with your neighbour to compromise and find a fair agreement is a good place to start.

The land registry plan or the pre-registration deeds for each property are likely to be helpful in determining where the boundary line is. Sometimes, however, the documents aren’t as clear as we’d like them to be.

If you think you may have a boundary dispute arising, get in touch with our friendly and experienced dispute resolution solicitors at Wosskow Brown for some help finding the best solution,

Mis-sold and Misrepresented Properties

When going through the process of buying a house, you will be told a lot of things about the property. Whilst some things that a seller tells you are likely to be ‘sugar-coated’ in an attempt to ‘talk up’ the house, you could end up taking these comments seriously and regarding them as a statement of fact. After all, such statements can be the reason you bought the house.

When a seller makes a statement of fact that encourages a buyer to make the purchase, but that statement turns out to be wrong or untrue and the buyer suffers a loss. This is misrepresentation.

If you believe you have a claim for misrepresentation of a property, you must be able to prove that the seller has answered an enquiry inaccurately. You must also be able to show that the seller was aware of the issue before you made the purchase. If you’re successful in proving these things, you may have a solid claim against the seller to cancel the contract, pull out of the house purchase and get your money back.

Alternatively, if the misrepresentation relates to a small issue with the house which could be rectified, your claim may win you some compensation for damages instead, or a decrease in the house’s value.

Landlord and tenant disputes

Disagreements and issues between landlords and tenants are common; it’s a relationship that people have been struggling with for a long time as their individual interests can clash. Maybe the amount of control a tenant wants over how they use the property is slightly more than the landlord’s ideal. Maybe a landlord increases the rent that the tenant has to pay, and the tenant is angry with this.

There are many ways a dispute between landlord and tenant can arise because, remember, this type of relationship can vary from residential to commercial. It could be a business owner renting a space for their business, which of course gives us a whole new list of possible disputes.

Essentially, most of these disputes arise when either the landlord or tenant breaches the contract. Whatever the reason for the dispute, our solicitors will give their best efforts to help you come to a satisfying solution as quickly and cost-effectively as we can.

Evictions

One of the most common types of disputes that comes up between landlords and tenants is eviction disputes. As a tenant, you may have been evicted without sufficient reasoning; this may be a case of unlawful eviction.

There are some scenarios in which your landlord is legally allowed to evict you, which involves doing it through a court order. If they do not follow the correct legal procedure for your eviction, your landlord could end up facing prosecution.

Unlawful eviction is a serious legal issue, and we know how stressful and frightening it can be as a tenant in this situation. Please don’t hesitate to contact us at Wosskow Brown to help you.

Alternatively, you may be a landlord who has someone staying in one of your properties who doesn’t have the right to do so. Again, contact us to help you with finding the best solution for this issue.

Rent recovery

If you’re a landlord with a tenant who isn’t paying rent, it can be difficult to know what to do. Especially at the minute with the impact of the COVID pandemic and the cost of living crisis, people have been struggling to pay rent due to job uncertainty and in some cases redundancy and unemployment. This means that landlords may not have been getting the rent owed by some tenants.

Our solicitors at Wosskow Brown can help you identify the best course of action to solve the issue with your tenant and rent arrears.

Dispute Resolution and Civil Litigation

Get in touch with our civil litigation lawyers in Sheffield and Barnsley

Contact our expert litigation solicitors in Sheffield and Barnsley for advice about enforcing your rights.

We have local offices across Sheffield on Attercliffe Road and in Gleadless and Hillsborough, plus an office in Barnsley.

Give us a call at your nearest branch or fill in our online enquiry form, and we’ll give you a call back as soon as possible.

Impeccable Attention to Detail

The attention to detail in responding to my questions was impeccable! Very satisfied with the service provided

Ms Blohm

Wosskow Brown Solicitors
2019-06-25T12:10:06+01:00

Ms Blohm

The attention to detail in responding to my questions was impeccable! Very satisfied with the service provided

A difficult time

Jamie always had a helpful response and was able to answer any questions I had. I would like to thank him for assisting me with what was a difficult time.

Miss Broadhead

Wosskow Brown Solicitors
2018-11-27T12:47:44+00:00

Miss Broadhead

Jamie always had a helpful response

Impeccable Service

The service we received was impeccable

Mr and Mrs Johnson

Wosskow Brown Solicitors
2020-01-14T10:12:18+00:00

Mr and Mrs Johnson

The service we received was impeccable
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Wosskow Brown Solicitors

Meet the team

Jamie Brown - Commercial Employment - Solicitor - Sheffield
Jamie Brown
Partner
Ruth Campbell - Wosskow Brown Solicitors
Ruth Campbell
Senior Paralegal
Abbie Lockwood - Wosskow Brown Solicitors - Legal Assistant
Abbie Lockwood
Legal Assistant