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Dispute resolution

resolving your disputes, before they escalate

Dispute Resolution

There are many ways in which a dispute or conflict can arise, but Jamieson Alexander approaches each one with the same three goals - to resolve matters, as quickly as possible and in the most cost-effective manner. Our team will handle your matter right from the initial meeting through to settlement; via mediation (if appropriate) and all the way to a fully-contested Court hearing if the other side are unable, or unwilling, to see reason.

Your expectation for professionalism will of course be met, but we also guarantee that:
  1. We will keep you fully appraised of the situation as your case progresses so that you remain in the driving seat at all times;
  2. We will not advise you to continue if it is not in your best interests to do so;
  3. We will be transparent in relation to charging and can often work to fixed-fee estimates to keep costs manageable, and
  4. We will support you throughout thereby easing the burden and stress on you.

See our dedicated practice areas below, for further information.

Civil & Commercial Litigation

Jamieson Alexander's dispute resolution team deal with a variety of disputes on a daily basis, and the following are just an example:

    Claims for money or property:
      We can commence (or defend) a claim on your behalf for monies rightly owed to you, such as obtaining payment for unpaid invoices; realising shares in your jointly owned properties; claiming damages for personal or business losses, or obtaining restitution, eg. return of a deposit or loan payment.

      All the Dispute Resolution team here are fully conversant with the nuances of the Civil Procedure Rules 1998, and their many amendments, and will use this system to your very best advantage.

        Injunctions:
          We can obtain (or defend an application for) injunctions, either prohibitive, i.e. making someone stop something, for example under the Protection from Harassment Act 1995, or compelling someone do something.

            Contract/Consumer claims:
              Jamieson Alexander are fluent in the increasing raft of consumer protection legislation, which during a dispute can often be overlooked. We can assist in a wide variety of matters including breach of contract claims for example under the Sale of Goods Act 1979; correcting unfair contract terms using the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contract Regulations 1999, and actions for faulty goods and services under the Supply of Goods & Services Act 1982.

              If you have bought goods over the telephone, internet or otherwise, you may also benefit from consumer-protection rules contained in the Consumer Protection (Distance Selling Regulations) 2000. We can also manage claims for duress, misrepresentation or breach of confidentiality, depending on your circumstances.

                Negligence actions:
                  Under the common law of the UK, many individuals owe a 'duty of care' to others, and breach of this duty of care can give rise to a claim in negligence.Examples of this are claims for damages for financial loss stemming from someone else's action or inaction, or claims stemming from the breach of a professional duty of care, for example of another solicitor's poor work, mechanic, engineer and more.

                    Cohabite or landlord & tenant property disputes:
                      We can obtain occupation or non-molestation orders to move someone out of your property; order the sale of or carry out equitably accounting regarding the split of your joint assets and finances, and resolve disputes over service charges, repairs or management.

                        Cross-Border Litigation/Debt Collection:
                          We specialise in issuing claims in the UK that can be enforced against debtor's that reside or are located abroad. Likewise we can register foreign judgements and enforce or defend them here in the UK.

                            Defence and negotiation

                            Sadly, some of our Clients are on the receiving end of claims and need to protect their position as best they can.We can help when you are on the receiving end – either through mediation (or other forms of alternative forms of resolution), negotiating your best possible position, or defending the claim at the Court or Tribunal.

                            Throughout all of our lines of work, we place high emphasis on proportionality and commerciality, for example, we will not advise you to commence or continue with a claim if it is not likely to either a.) recover more for you than you are likely to spend, or b.) save you more than we are likely to cost. That way, we are always able to add real value to your instruction. Equally, seeking legal advice at the early stages of a dispute really can help to save costs and can prevent the situation worsening any more than it needs to do.

                            We're always happy to chat through a potential matter with you on the telephone first, especially if your matter does not appear to be covered above, so feel free to give us a call.

                            Cohabitation Disputes

                            Jamieson Alexander are experienced in the field of Cohabitation Disputes and we pride ourselves on our professional yet sensitive approach to matters that require a delicate touch. We offer a broad spectrum of advice from pre-dispute (i.e. how property should be held, and how your interests can be protected) through to relationship dissolution, Injunctions and domestic abuse.

                            Due to the nature of the issues involved, these matters are normally handled by our Family Department, and a number of our Family lawyers are members of Resolution, adhering strictly to their comprehensive Code of Practice. Dealing with relationship dissolution on a daily basis, they bring a conciliatory and practical approach when addressing client issues.

                            Of course, a 'family' approach is not always the most appropriate, but whether your particular matter is dealt with by a litigation specialist or a family lawyer, all our team are experienced in their specialist areas and are understanding of the wider range of matters which can affect clients, at what is often a difficult time for them.

                            Cross-Border Disputes

                            As the volume of international trade increases Jamieson Alexander have developed a niche expertise in cross-border disputes, whether for straightforward debt recovery claims or in relation to more heavyweight trade disputes. Cross-border disputes raise a number of specialist issues on which we are well qualified to advise, including questions of jurisdiction (in which country or countries can your 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).

                            Whether you need to enforce a UK judgment in the EU, for example by use of an European Enforcement Order, or outside of Europe through a Convention; reciprocal Treaty or by way of short proceedings in the destination country, Jamieson Alexander have both the experience and the expertise to assist.

                            Our team includes fluent Italian and French speakers, with access to a number of professional translators if necessary. We are also part of a network of trusted associated law firms from countries around the world, in particular the EU, which who can assist with the implementation and enforcement of our cross-border work.

                            All of the above enables us to take action against foreign parties in their own jurisdictions or act against UK parties on behalf of foreign clients.

                            Debt-Recovery

                            Jamieson Alexander's Debt Recovery arm is based in central London is fast, easy and effective. It saves you time and hassle, helping you concentrate on your own business, instead of chasing payment for the work you have already invoiced. Our service includes, where appropriate, a review of the contract terms, preparation of pre-action documentation and correspondence and advice on recovery and the best methods to employ. With the weight of the law behind you it's amazing how your cash flow can be improved.

                            Our Dispute Resolution solicitors have significant combined experience in this area. We offer our commercial clients a bespoke debt recovery service tailored to their needs. This service compliments that of our Commercial Team, as some of our clients prefer to handle their customers, even the ones who are bad payers, in a specific way.

                            As with all of our departments, the costs of our service are competitive. The level of service and our charges are agreed with the client at the outset, and tailored to their needs.

                            If you may have a matter that we can assist with, please contact our Client Managers for an informal and free discussion about your potential claim.

                            Finally, the key to the successful recovery of a debt is information. We emphasise to our clients the importance of obtaining as much information from their customers as possible at the early stages of their relationship, so that in the event that it becomes necessary to take action to recover debts or enforce a Judgment, we are armed with all the information that is required to make an effective recovery. Whether you have full information or need us to employ private detectives, we are here to assist.

                            Equality Act

                            2010 marked the 40th anniversary of the Equal Pay Act 1970, one of the very first anti-discrimination laws, yet also sees its repeal through the birth of the Equality Act 2010 - an all-encompassing Act to consolidate years of piecemeal legislation and case law developing the law of anti-discrimination.

                            Jamieson Alexander has a wealth of experience dealing with discrimination issues, whether they be in the workplace, or in your personal or business capacity. From LGBT issues to disability and age discrimination, we are able to assist you by providing clear, up to date and pragmatic advice, as well as advising you on the commerciality of pursuing such an action.

                            Property Litigation

                            We would hope that in the majority of cases, you are able to enjoy a good relationship with your neighbours, be that in a commercial sense or at home. However, sometimes disputes cannot be avoided. Such disputes may take various forms, such as someone claiming ownership or rights over your land or somebody denying your rights over theirs. There may be disputes about boundaries between two properties or the need to enter onto another person's land in order to carry out works to your own building.

                            In a business capacity, landlords and tenants always hope to remain on good terms, but this may prove impossible where, for example, the tenant fails to pay rent or to keep the property in good condition or the landlord fails to meet his repairing and servicing obligations.

                            Jamieson Alexander's Dispute Resolution team deals with a wide range of residential and commercial property disputes, and are well equipped to advise. We are well versed in dealing with such claims, and adopt, as much as possible, the Property Litigation Association's Dilapidations Protocol in relation to claims made at the end of a tenancy, and its Post-Action Protocol in relation to lease termination and renewal under the provisions of Landlord & Tenant Act 1954.

                            As well as being able to assist in the above, we are also able to advise on the following issues:

                            1. Dispute with the council regarding re-housing;
                            2. Acquisition of the freehold of the property from a landlord;
                            3. Acquisition of an extended lease from a landlord; and
                            4. The right to manage leasehold flats
                            Please call us to discuss your particular issue.

                             

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