In recent years we have been instrumental in achieving settlements (often in the capacity of Court appointed Administrator) in previously strongly contested disputes within families mostly through adopting a collaborative approach or engaging in mediation.
In the last year in dealing with administration of estates we have helped get resolution in High Court and County Court cases in the following areas:
- Claims between co owners to establish beneficial interests
- Family provision claims under the Inheritance Acts
- Claims relating to the validity of Wills or lack of testamentary capacity
- Disputes involving the official Receiver and determining interests in land
In addition we can offer advice assistance and representation in the following:
- Claims based on breach of contract (or unconcluded contract)
- Personal injury claims
- Professional negligence claims
- Landlord and tenant and possession cases (for Landlord or tenant)
- Mortgage repossession (advice and help for borrowers only)
- Boundary and neighbour disputes
- Building contract litigation
- Debt recovery work
- Employment and partnership disputes
- Financial settlements in divorce
At McGlennons we believe in promoting access to justice so we will consider taking your case to Court on a no win no fee basis where we establish:
1, There is a 70% or greater prospect of success and
2. Your opponent is insured or financially sound
We accept that anybody going to Court will have to do a ‘cost benefit’ analysis. It is important to keep costs in proportion. Will this action cost me more than I will get back? Therefore we firmly recommend that an investigation is made into the financial health of your opponent before you embark on litigation. There is no point in getting judgment for £100,000 and then finding your opponent is bankrupt.
We consider all methods of resolving disputes by holding meetings bringing in mediators and generally using collaborative means to resolve disputes. But if it is necessary to go to Court to protect or defend your rights then we will guide you through the process.
In small claims- up to £5000-the general rule is that you don’t get back your legal costs (except to a limited extent) in making or defending a claim. The loser does not pay so costs have to be kept in proportion. Therefore advice and assistance can be given in preparing your claim/ defence but we would not come onto the Court record or represent you. For small claims we offer a service at £495 plus VAT to provide up to 3 hours help – this could involve drafting preclaim letter ( or response to one) the Claim (or Defence) together with advice over preparing for hearing. Contact Gwyn on .
Generally on costs we refer you to our Terms and Conditions of Business. Each case is different so we would be pleased to consider a variation of our normal charging rates to help you bring a good case to Court or to a resolution process.
We regret that we do not carry out publicly funded work.