Litigation

Civil/General Litigation

Most people and businesses will encounter some form of dispute at some point either with another person or persons, a company, a local authority or government body. Issues can range from small consumer problems such as the purchase of faulty goods to multi-million pound disputes.

No two disputes are the same and Barwells Litigation Solicitors have a wealth of experience and knowledge in this wide-ranging area of law. We have offices in Seaford, Eastbourne, Peacehaven, Newhaven and Hailsham, and arrangements can be made for you to meet with one of our litigation solicitors at any one of our offices, whichever is convenient for you.

Contact us today on 01323 875050 or complete our online enquiry form and we will call you.

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Specialist Litigation Solicitors

Our team is made up of specialist Litigation Solicitors with expertise in the following areas:

Landlord & Tenant Disputes

We act on behalf of a number of residential landlords. We can help you with:

• Drafting tenancy agreements.
• Tenant Rent Recovery.
• Drafting valid Section 8 and Section 21 Notices.
• Applications to the Court for possession.
• Attending possession Proceeding Hearings if required .
• Instructing bailiffs to evict tenants who fail to leave the property by the last date ordered by the Court.

Possession Fees:

Section 8 £305 + VAT

Review & service of documents prior to Section 21 Notice £75 + VAT

Section 21 £200 + VAT

Possession proceedings £665 + VAT plus £391 Court Fee

Requesting possession and costs from Court £85 + VAT

Witness statement £200 + VAT

Instructions to Counsel £200 + VAT plus Counsel’s fees

Requesting warrant for possession from Court £85 + VAT plus £143 Court fee

Anyone wishing to proceed with a claim should note that:

• The VAT element of our fee cannot be reclaimed from your debtor.
• Interest and compensation may take the debt into a higher banding, with a higher cost.
• The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.

Our fee includes:

• Taking your instructions and reviewing documentation
• Undertaking appropriate searches
• Sending a letter before action
• Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing claim
• Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgement in default
• When Judgement in default in received, write to the other side to request payment
• If payment is not received within 7 days, providing you with advice on next steps and likely costs

Matters usually take 2-6 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgement in default. If enforcement action is needed, the matter will take longer to resolve.

Contesting Wills and Estates

Many people put off from thinking of the inevitable, let alone make any provisions for their death.

Often people believe that they have nothing to leave and that they can express their wishes to family and be certain that they will carry those wishes out. Some people simply refuse to think about dying and what happens to the family when they’ve gone.

But the sad reality of it is, that not only do we leave family and friends behind, but we also leave possessions, some of which can be valuable and that even if a Will is made, all may not be as it appears, and a family can be torn apart by the content of that Will. Relatives can be excluded, and written out with no reason, relatives may exist that are not known about and not included, and a Will may be so old that it hasn’t been updated to reflect changes within the family dynamics.

Families can resent legacies being given to one person and all manner of rifts can be created with accusations over the validity of the Will and the circumstances surrounding the making of that Will leading to Wills being contested.

Wills can be challenged on four grounds:

• Not being properly executed (i.e. signed and witnessed)
• The Testator/Testatrix lacked capacity
• Undue Influence (i.e. not being made freely)
• Want of knowledge or approval (i.e. that the testator/testatrix did not understand what they were doing or its effect)

If none of these grounds apply and a party has been excluded from a Will, which has resulted in them suffering financially, or has been excluded as they were not known about at the time of the Will or even if they were included but the bequest made was not adequate then a claim against the Estate may be possible under the Inheritance (Provision for Family and Dependents) Act 1975.

Strict time limits apply to these types of claims of 6 months from the date that the Will is proved (ie that a Grant of Probate or letters of Administration) have been issued.

Legal Advice for Contesting a Will

When someone dies without a Will, then they are deemed to have died intestate and as such there are rules about the distribution of the Estate.

There may be circumstances where one person believes that they have a right to the Estate in preference to someone else, and a claim under the Inheritance Act can still be brought. It is therefore essential that the appropriate expert advice is obtained as soon as possible to enable your position to be considered fully and protected by possibly entering a caveat to prevent a Grant or Letters of Administration being granted.

There may be additional problems that arise in the progression of the administration of an Estate which justify the removal and substitution of Personal Representatives and Executors and we at Garratts can help in this.

Barwells specialist solicitors have the experience to advise you fully in what is often a very distressing time. Some of the issues we have dealt with are:

• Contesting and Challenging a Will
• Removal and appointment of Personal Representatives and Executors
• Claims under the Inheritance (Provision for Family and Dependents) Act 1975
• Entering Caveats and searches of the Probate Registry

If you want legal advice about contesting a Will, contact us on 01323 875050 to see what we can do for you or complete our online enquiry form.