Litigation

Professional Negligence

When you rely on a professional to do a job, it is reasonable for you to expect them to know what they are doing and to do the work properly. If the worst should happen and you are given poor workmanship, extra expense or ongoing problems to resolve, it is sometimes difficult to know how and where to seek a remedy or compensation.

We have a broad range of experience and represent clients in pursuit of claims against a wide range of professionals.

Debt Recovery

If you find yourself in challenging financial situations, the important thing is to take early legal advice, whether you are facing a claim for the recovery of a debt or seeking to recover a debt, so you can explore all options at the earliest opportunity.

Our specialist litigation lawyers are experienced in bringing and defending claims and can advise you on procedure to provide you with a swift and cost effective result.

Despite obtaining a court judgement, sometimes debtors still do not pay and you may still need assistance recovering the cash which is owed to you, if this is possible. There are various options to enforce a judgement debt and we can help you identify the most effective methods for your circumstances depending on the debtors assets and prospects of recovery. Your may be able to:

• Serve a Statutory Demand and bring insolvency proceedings.
• Apply for a Charging Order on the Defendants Property
• Seek an Attachment to earnings order
• Instruction of the Court Court Bailiff or High Court Enforcement Officer to seize the defendants goods.

If you are seeking to recover a debt or need support defending a claim, our experienced lawyers have all the necessary skills to identify the best legal route for you. If the amount of debt you are seeking to recover is less than £10,000, we offer a fixed cost debt recovery service.

Disputes about Wills and Estates

Disputes arising from Wills or disagreements about Estates usually divide families and dealing with disputes over family finances or inheritance can be stressful and emotional. We recognise that these types of dispute require sensitivity, preserving relationships whilst acting in your best interests. We can assist where, after someone has died, their Will is contested. Wills can be contested for any number of reasons including:

• A Will has been improperly completed or executed
• The testator lacking mental capacity to make a Will
• Undue influence brought to bear on the Testator to organise their Will or financial affairs in a particular manner
• A Will has been forged
• A promise has been made by the Testator prior to death which is not reflected in the Will
• Disputes arising from the interpretation of a badly drafted Will.

Where disputes arise in the Court of Protection in relation to protecting the interests of those too vulnerable to manage their own affairs, we can sensitively assist with these disputes. Our experienced litigation team, specialising in dispute resolution are able to assist in a number of other types of dispute including:

• Contested claims to replace Trustees & Executors Acting for Claimants, Executors & Beneficiaries under the Inheritance (provision For Family & dependants) Act 1975
• Applications to remove Executors/Administrators
• Applications to the court for guidance/directions on behalf of Trustees & Executors (Beddoe Application)
• Disputes between Trustees
• Co-habitation Disputes Professional Negligence claims arising from all aspects of Wills & Probate

Contractual Disputes and Consumer Law

A contract is an agreement between parties which contains obligations that one party will fulfil in exchange for a price or benefit. They can be verbal or in writing and range from the simple sale of goods or supply of services contracts which we all enter into daily, to very complex building contracts. Where there are disagreements regarding the terms or performance of such contracts, our litigation team are able to advise and represent you to seek the remedy you require. At Fairhurst Menuhin & Co, we understand how frustrating it can be for consumers to be let down when purchasing goods or services.

Sadly, consumer complaints or requests for remedy are often ignored and are often dealt with by ill informed retailers or call centres. Whether you have been supplied with a defective product or the service you have received has fallen below a standard which you might reasonably expect, our experienced litigation team are willing and able to advise you, fight your corner and seek a satisfactory resolution.

Residential Property Disputes

Property related disputes can be complex and therefore we believe that the strategy to resolve these disputes needs to be tailored to each individual client to ensure the best outcome in each case is achieved. In most cases, when disputes arise between Landlords and Tenants it is possible to reach an agreement. However, when an amicable solution is not possible, it is necessary to seek expert legal advice.

Our experienced property litigation team are specialist advisers for landlords and tenants and can assist in disputes including:

• Rent & other arrears
• Tenancy termination and possession proceedings
• Claims regarding eviction
• Disputes regarding the condition of property

Whether you are a landlord wanting to end a tenancy and/or obtain rent arrears, or a tenant seeking practical advice or wishing to pursue a claim against their landlord for failing to fulfil their obligations, our aim is to resolve your dispute at the earliest stage and in the most cost effective way, without recourse to legal proceedings. If there is no option, we will represent you at court to achieve the best outcome.

Neighbour Disputes

Disagreements with neighbours about boundaries, noise and use of land are commonplace. Falling out with your neighbour can be emotionally charged. Most disagreements can be resolved, but early intervention is typically crucial. Our aim is to help our clients find the most amicable way to resolve their dispute.

We have the skills and experience to help with all property related matters, including:

• Trespass
• Boundary Disputes
• Rights of Way
• Nuisance
• Adverse Possession
• Party Wall Disputes
• Access to Neighbouring land.

Acquisition Disputes

Most property transactions are straightforward but sometimes property transactions can become problematic for buyers and sellers. Where the completion on a property transaction fails after exchange of contracts or there has been some misrepresentation about the property which comes to light after the transaction has taken place, buyers and sellers are disappointed and inevitably suffer a financial loss. Our specialist team can assist in the following areas:

• Failure to complete a transaction
• Misrepresentation
• Breach of Contract