In our increasingly competitive and contentious modern society, it is sometimes impossible to avoid falling into disputes. When that occurs, the client may find himself in unfamiliar and threatening territory. Sedgwick Phelan & Partners recognises this, and the importance of providing a supportive and helpful service to those involved in legal disputes
We appreciate that it is essential to understand the basis of a dispute and how its affects our client. Our extensive experience in commercial law matters gives us a clear insight into the financial and commercial implications of disputes.
We aim to find the most direct and cost-effective ways of resolving disputes, including:
- Negotiation
- Litigation
- Mediation
- Adjudication
- Arbitration
- Other forms of alternative dispute resolution
When other professional assistance is needed, our extensive network of professional contacts enables us to find the right source of expert help for every client, including barristers, surveyors, accountants and a wide range of experienced expert witnesses.
We realise that clients need careful advice on the time and cost implications of their disputes, and we view that advice as an integral part of our service.
Overall, we aim to combine legal know-how with practical good sense. By giving a prompt, straightforward, no-nonsense service we help to lighten the burden of legal disputes.
For more informaton please contact:
Our office on 0161 653 5299 or 0161 872 5595
Our service particularly includes the following areas:
Contract
Whenever a business agrees to supply or buy goods or services, a contract is involved. Whether in writing or by word of mouth, contracts are found everywhere in the world of business. Sometimes it can come as a surprise to find that an agreement you have entered into is in fact a binding contract. Sometimes a client might want a written form of contract drawing up to regulate business dealings with others, for example customers. We have extensive experience of contract matters and can advise on the creation of contracts and disputes arising from existing ones.
Construction and Land Disputes
Whether you are a buyer or a seller, a builder or a contractor, the busy world of property often gives rise to heated disputes. Ownership, rights of way, building work almost all aspects of the property world can leave you with a problem on your hands. With over forty years of relevant experience in the areas of public and private property, and an extensive network of professional expert contacts, our law firm can help to find a practical answer to a wide variety of construction and land disputes. When legal action becomes inevitable, we can bring to bear our experience in many forms of dispute resolution, including litigation, arbitration, mediation and adjudication, and other forms of dispute resolution.
Housing Associations
We have acted for Housing Associations for a more than thirty years. As far as contentious work is concerned, that is resolution of disputes, we act for leading Associations in the North West in building disputes, professional negligence cases, repossessions and resolution of tenant disputes. Our years of experience in acting for housing associations means we have an intimate knowledge of their internal procedures which govern the way they can act and which is essential in providing effective resolution to disputes.
Emergency Applications
When circumstances require an urgent response, our lawyers can help with injunctions and a variety of other urgent and emergency applications to Court.
Professional Negligence
Sometimes even the professionals make mistakes. When this occurs, seeking compensation can seem a difficult and daunting task. We have specialist experience in professional negligence law, and a team of professional contacts to help us take on the toughest of expert opponents.
Landlord and Tenant
From repossessing your property to rent reviews and recovery of rent arrears, our team provides a full legal service for property owners and landlords. For the tenant, we can advise on leases, rent disputes, possession proceedings, problems with your property´s condition and all aspects of business with your landlord. With over forty years of experience advising public and private landlords and tenants, our law firm provides the fullest possible service for those involved in the rented property sector.
Partnership Law
Even the best of business partners may sometimes disagree and when a partnership ends, legal help may be necessary to divide up the business fairly. Should the worst happen, we can help you to apply to the Court for an order to value the partnership assets and decide how they should be shared out.
Debt and Money Claims
In business, it can be hard to get customers to pay their bills. Sometimes the tables are turned, and businesses find themselves on the receiving end of claims for money they do not owe. We can help you recover debts, and to resist the claims of those who claim money from you unjustly.
Neighbour Disputes
Neighbours frequently fall out over many things: the boundary lines of their properties, fences and hedges, trees, leaking gutters and drains, and so on. We appreciate the importance of finding a solution that deals with the problem quickly and effectively, whilst recognising that you still have to live with your neighbours afterwards.
For more informaton please contact:
Our office on 0161 653 5299 or 0161 872 5595
Frequently Asked Questions
Q: What is "litigation"?
A: "Litigation" is the name given to legal action taken in the law courts. When you take action against somebody through the courts, or when they take action against you in a similar way, you are said to be involved in litigation. Litigation is one of the ways people commonly choose to solve a legal dispute, when it has not been possible to resolve it by other means. Our law firm has experienced, specialist solicitors and lawyers in the field of litigation.
Q: If I get involved in litigation and I win the case, do I get all my costs paid by the other side?
A: A. Not necessarily. In lower-value cases, where less than £5,000 is involved, it is usual for each of the parties to have to pay their own costs. Where more than £5,000 is involved, the Court will usually decide who has to pay the costs. More often than not, the winner will get a proportion of their costs paid by the loser. However, circumstances vary from case to case. Our law firm will do all they can to get the best possible outcome for you, and to seek the best costs order that can be obtained given the particular circumstances of your case. We will routinely advise you about your costs position, and the chances of you getting your costs paid by your opponent; where there is a risk that you will have to pay the other side´s costs, we´ll tell you that too. You may also have legal expenses cover through insurance policies such as your buildings and contents or motor insurance. In addition you may be able to take out "after the event" insurance to cover the risk of paying your opponents legal costs.
Q: Can you guarantee that I´ll win my case?
A: No: nobody can guarantee that. The outcome of a matter can be difficult to predict and unexpected things sometimes happen, especially where there is a dispute involved. So no solicitor can guarantee that a client will win a disputed case. What we will do, though, is help you to form a realistic and honest view of your case, and to work out your chances of success. When we think you have a good case, we´ll tell you. When we think you have a bad case, we´ll make sure we tell you that too so there are no nasty surprises at the end of your case.
Q: What is Dispute Resolution?
A: Dispute Resolution is the name we give to the area of law that deals with disagreements between people and companies. In many legal firms, our department would be called the Litigation Department. But we realise that there are many ways of resolving a dispute without resorting to litigation. To try to help resolve a dispute we might use a variety of methods including negotiation, expert arbitration, mediation, adjudication, and, of course, litigation.
Q: I entered into an agreement with somebody, but we had nothing in writing. Now we´ve fallen out. How can we resolve things?
A:Although it is very useful to have written proof of an agreement, and whilst a few sorts of agreement must be in writing, the lack of written proof is often not essential to resolving a dispute. Where written proof is not available, word of mouth or the evidence of witnesses (people with knowledge of the matter in dispute) can be helpful. Courts are often happy to accept the evidence of a sensible, honest witness.
So although written evidence (such as agreements, letters and so on) is helpful, it might be possible to win a case even where written evidence is lacking. Every case is different. We will make a careful professional assessment of your matter and advise you in clear, straightforward terms about evidence.
Q: I´m in dispute with somebody but I don´t want to get involved in Court proceedings. Is there any other way to sort things out?
A: It depends upon the individual circumstances of your case. We will assess your case carefully and suggest ways in which your dispute might be sorted out. These might include, for example, negotiation, expert determination, arbitration, mediation, adjudication, and various other forms of alternative dispute resolution. Where you have a choice, we will help you to decide which of these methods you want to try, based on questions of cost, time, effectiveness and so on. Often it is possible to resolve a dispute without having to go to court. Where it is the only way, though, we will help to make court proceedings a less daunting experience by giving you the professional support and advice you need.
Disclaimer of Warranty and Liability
We do not represent or warrant in any way that the information and/or data accessible on or via this website is accurate, complete or current. We have no liability whatsoever in respect of any use that you make of such information and all warranties, express or implied, statutory or otherwise are hereby excluded.
The information provided on this website is general and has not been written to meet your individual requirements.
Neither we nor any of our partners or employees will be liable for any kind of damages, howsoever arising, including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss.
These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of England.
