Resolving Disputes, Protecting Your Interests: Expert Litigation & Dispute Resolution
Introduction
In business or in your personal life, disputes are an unfortunate reality that can cause significant stress, cost, and disruption. At Jamieson Alexander, our approach to every conflict is clear and consistent: to resolve matters as quickly, effectively, and cost-efficiently as possible. We are a forward-thinking firm that offers a "human to human" service, guiding you through complex legal challenges with clarity and a proactive mindset, aimed at finding solutions before they escalate.
Our Commitment to You:
We believe in empowering our clients throughout the dispute resolution process. Beyond simply meeting your expectation for professionalism, we guarantee that:
We will keep you fully appraised of the situation as your case progresses, ensuring you remain in the driving seat at all times.
We will not advise you to continue with a claim if it is not in your best interests to do so, always prioritising proportionality and commerciality.
We will be transparent in relation to charging and can often work to fixed-fee estimates to keep costs manageable and predictable.
We will support you throughout, easing the burden and stress that disputes can bring.
Our Approach to Dispute Resolution:
Our skilled team is fully conversant with the Civil Procedure Rules (CPR) 1998 and their many amendments, which govern the litigation process in England and Wales. While we are prepared to take your matter all the way to a fully-contested Court or Tribunal hearing if necessary, our primary focus is on achieving resolution through efficient and pragmatic means. We actively explore:
Negotiation: Working directly with the other side to reach a mutually agreeable settlement.
Mediation: Facilitating structured discussions with an impartial third party to help parties find common ground and avoid court.
Other Forms of Alternative Dispute Resolution (ADR): Such as arbitration or early neutral evaluation, where appropriate.
Recent Trend: There is an increasing emphasis on mandatory mediation and other forms of ADR within the civil justice system, which we are fully prepared to navigate to your advantage.
Our Key Areas of Dispute Resolution Expertise
Civil & Commercial Litigation
Our dispute resolution team deals with a wide variety of disputes affecting individuals and businesses on a daily basis:
Claims for Money or Property: Commencing (or defending) claims for monies rightly owed, such as unpaid invoices; realising shares in jointly owned properties; claiming damages for personal or business losses; or obtaining restitution (e.g., return of a deposit or loan payment).
Contract & Consumer Claims: Assisting with breach of contract claims and navigating consumer protection legislation under the Consumer Rights Act 2015, which has largely superseded previous consumer acts for modern contracts. This includes actions for faulty goods and services, and addressing unfair contract terms. We can also manage claims for duress, misrepresentation, or breach of confidentiality.
Negligence Actions: Pursuing claims where individuals or professionals have breached a 'duty of care' under common law, leading to financial loss or other damages. Examples include claims stemming from a professional's poor work (e.g., another solicitor, mechanic, engineer).
Injunctions: Obtaining (or defending applications for) injunctions, whether prohibitive (making someone stop something, for example under the Protection from Harassment Act 1997) or compelling someone to do something.
Debt Recovery: Efficient & Strategic Collection of Outstanding Monies
Jamieson Alexander offers a distinct and highly effective debt recovery service, designed to improve your cash flow and allow you to focus on your core business. We specialise in the more complex elements of debt collection, acting hand-in-hand with a number of trusted debt collection agencies who refer significant work to us, particularly from London.
Our comprehensive debt recovery process includes:
Strategic Pre-Action Advice: Reviewing contract terms and advising on the most effective recovery methods. We emphasise the importance of obtaining comprehensive information from customers early in relationships to maximise recovery prospects.
Letters of Claim: Issuing robust Letters Before Action (LBAs) and formal Letters of Claim to clearly set out the debt and demand payment, adhering to the Civil Procedure Rules Pre-Action Protocol for Debt Claims.
Statutory Demands: Utilising Statutory Demands where appropriate, particularly for undisputed debts, as a powerful tool that can precede insolvency proceedings against companies or individuals.
Issuing Claims: Commencing court proceedings for money claims through the County Court Business Centre, following the formal litigation process.
Obtaining Judgments: Securing County Court Judgments (CCJs) in our clients' favour, which legally affirms the debt and is a crucial step for enforcement. We have received many judgments in our clients' favour, demonstrating our success.
Enforcement Action: Once a judgment is obtained, we pursue various enforcement methods tailored to the debtor's assets, including:
Warrants/Writs of Control: Instructing High Court Enforcement Officers or County Court Bailiffs to seize goods.
Charging Orders: Securing the debt against the debtor's property, potentially leading to an Order for Sale.
Attachment of Earnings Orders: Directing deductions from a debtor's wages.
Third-Party Debt Orders: Freezing and seizing funds from a debtor's bank account or monies owed to them by a third party.
Insolvency Proceedings: Commencing winding-up petitions against companies or bankruptcy petitions against individuals where appropriate.
Fixed-Fee Solutions: We are proud to offer much of our debt recovery work on a fixed-fee basis, providing you with clear and predictable costs from the outset. The level of service and our charges are agreed with the client at the outset, tailored to their needs.
Specialised Property & Co-ownership Disputes
While our Litigation and Dispute Resolution team handles a broad spectrum of civil and commercial conflicts, property-related disputes, including those arising from cohabitation or disagreements between joint property owners, are a highly specialised area. These often involve intricate legal principles concerning land ownership, trusts, and specific property legislation. Due to their unique complexities, we offer dedicated expertise in this field.
For comprehensive information on:
Co-ownership disputes (e.g., between unmarried partners or joint investors)
Boundary and neighbour disputes
Landlord and tenant disputes (residential and commercial)
Leasehold enfranchisement, extensions, and Right to Manage disputes
And many other property-specific conflicts...
...please visit our dedicated page: Property Litigation page. Our specialist Property Litigation team is equipped to navigate these nuanced challenges with precision and expertise.
Cross-Border Disputes
As international trade continues to grow, we have developed niche expertise in cross-border disputes beyond pure debt recovery. We advise on specialist issues including jurisdiction (in which country can your claim be brought?), forum shopping (in which country would it be most advantageous?), applicable law (which country's laws will apply?), and enforceability (will a judgment be recognised in another country's jurisdiction?).
Example: Whether you need to enforce a UK judgment in the EU (e.g., by use of a European Enforcement Order) or outside of Europe through a Convention or reciprocal Treaty, we have the experience and expertise to assist.
Our team includes fluent Italian and French speakers, with access to a network of trusted associated law firms from around the world, enhancing our ability to act against foreign parties in their own jurisdictions or on behalf of foreign clients in the UK.
Defence and Negotiation:
Sadly, some of our clients find themselves on the receiving end of claims. We provide robust support and strategic defence whether you are facing a civil claim or an Employment Tribunal matter. We can help you protect your position through:
Mediation or other forms of alternative dispute resolution.
Negotiating your best possible position to achieve an early, favourable outcome.
Defending the claim at Court or Tribunal if litigation becomes unavoidable.
Legal & Regulatory Framework
Civil litigation in England and Wales operates under a sophisticated legal and procedural framework designed to ensure fairness, efficiency, and access to justice. Key components include:
The Civil Procedure Rules (CPR) 1998: These comprehensive rules govern all civil proceedings in the County Court, High Court, and Court of Appeal. They dictate how claims are started, managed, and brought to trial, with an "Overriding Objective" to deal with cases "justly" and "at proportionate cost." This includes active case management by the courts and an emphasis on parties co-operating.
Practice Directions & Protocols: Supplementary guidance and specific pre-action protocols (e.g., for debt claims, professional negligence claims) encourage parties to exchange information and attempt to settle disputes before formal court proceedings are issued. Failure to comply can lead to cost penalties.
Common Law: Many principles of contract, tort (negligence, nuisance), and unjust enrichment are derived from centuries of case law developed by the courts.
Statutory Law: Numerous Acts of Parliament regulate specific types of disputes, such as the Consumer Rights Act 2015 (for consumer contracts and remedies), the Protection from Harassment Act 1997 (for injunctive relief), and the Insolvency Act 1986 (for debt and insolvency procedures).
HM Courts & Tribunals Service (HMCTS): Administers the court system, including the County Courts (which handle most civil claims), the High Court (for larger or more complex cases, including specialist divisions like the Commercial Court and Chancery Division), and various Tribunals (e.g., Employment Tribunals, First-tier Tribunals).
Alternative Dispute Resolution (ADR): The legal framework strongly encourages the use of ADR mechanisms like mediation and arbitration, viewing court as a last resort. This reflects a policy to reduce court backlogs and promote more flexible, client-led solutions.ur claim be brought?); questions of forum shopping (in which country would it be most advantageous for it to be brought?); applicable law (which country's laws will apply?); and enforceability (will a Judgment be recognised in another country's jurisdiction).
Why Choose Jamieson Alexander for your Dispute Resolution Needs?
Proportionality & Commerciality: We only advise you to commence or continue with a claim if it is likely to recover more for you than you spend, or save you more than we cost, ensuring real value.
Proven Debt Recovery Success: Our distinct service, including fixed fees and successful judgment acquisition, delivers tangible results for your business.
Expert Legal Insight: Our solicitors are highly experienced in civil procedure rules, relevant statutes, and common law principles governing disputes.
Client-Centric & Supportive: We understand the stress of disputes and provide compassionate, clear guidance throughout.
Transparent & Predictable Costs: Our commitment to competitive, agreed-upon charges and fixed-fee estimates helps you manage your budget.
Strategic & Proactive: Seeking our advice at the early stages of a dispute can significantly save costs and prevent escalation..
Facing a dispute or need expert advice?
We're always happy to chat through a potential matter with you on the telephone first, even if your specific issue doesn't appear above.
Feel free to contact us for an informal and free discussion about your potential claim.