Civil Disputes

At Foys, our civil dispute team offers you a wealth of experience in effectively preventing or resolving a dispute, as well as pursuing or defending a claim against another party.

Civil disputes are never pleasant, and unfortunately, they’re sometimes unavoidable. If you’re currently in the midst of a civil dispute, the notion of a swift, fair and satisfactory solution may seem impossible. Civil disputes can make anyone involved feel stressed and overwhelmed, especially as you fight to protect your rights while dealing with legalities and resolution options.

To ensure that your voice is heard and that you have someone fighting your corner, it is essential that you employ the services of an experienced solicitor. With the assistance of Foys’ dedicated civil disputes team, you can rest easy knowing that you will have expert legal advice and support every step of the way. At Foys Solicitors, we understand that pursuing a civil dispute can be overwhelming and we will do everything in our power to make you feel at ease, alleviate your concerns and reach an agreement without the need for litigation.

What is a civil dispute?

A civil dispute is a private case, which involves either individuals or individuals and organisations aiming to resolve an issue outside of criminal law.

The areas in which we can provide advice and representation include:

Boundary disputes

In the United Kingdom, there is rarely any record or documentation to outline where one property begins, or one ends. However, in some cases, a title plan will illustrate the boundaries of a property. Boundary disputes can arise between property owners when one owner encroaches on another’s property through building a wall/fence or another property/structure. Our expert solicitors will efficiently work to resolve the dispute from the early stages, creating an amicable and open line of communication with the other party throughout and examining the involved properties’ legal documentation to determine boundary lines to reach a favourable solution.

Property disputes

A property dispute is any legal dispute concerning real estate and can involve landlords and tenants, neighbours, family members, government agencies and property visitors. Some examples of property disputes include planning appeals, injunctions, planning permission disputes, excessive noise disputes and property repairs. If not handled correctly, a property dispute can become costly and complicated. Employ the services of our civil dispute team to navigate the complexities of property law and achieve a positive outcome for you.

Landlord and tenant matters

Disputes involving landlords and their tenants are extremely common and are often as a result of rent in arrears or one of the parties breaching their obligations outlined in the lease as well as issues related to lease renewals, dilapidations and subletting. Our pragmatic solicitors for landlords and tenants can represent either party, opting for the best route towards a satisfactory and cost-effective solution. We can also assist with the lease writing process for landlords, ensuring that you have a watertight lease in place which may mitigate potential future issues.

Contract disputes

This type of dispute is a disagreement between two or more parties regarding the terms and conditions of an agreement (e.g. customers and organisations or employers and employees). A contract is only deemed valid when both parties involved are in agreement with its terms. Contract disputes can be caused by several scenarios, some of which relate to contract errors, contract breaches and coercion or fraud. Foys’ specialist civil disputes team who have experience in resolving contract disputes in a range of industries can assist and advise you throughout the process.

Professional negligence

This term refers to a breach of the duty of care between professionals and their clients. The professional could be an accountant, a solicitor, or a financial advisor, who failed to adhere to the set standards and has caused you to suffer loss or damage, which can be physical, emotional, mental or financial. Our supportive solicitors have the expertise required to pursue your case and fight for the compensation that you deserve.

Wills and estate disputes

The death of a loved one can be an emotionally overwhelming experience, likely to be worsened if there is a dispute over their will or estate. Foys Solicitors understand how this can be a stressful and emotional time and will sensitively assist with resolving the dispute as soon as possible. If you are defending or making a claim, our services can help you with a variety of issues, such as trust disputes, contesting a will, Inheritance Act Claims (in the case, that you or someone has been left out of a will or have not inherited as much as you require) and contentious probate.

Disputes over faulty goods

If you have bought and received a faulty product, the Consumer Rights Act can help you. This Act states that all products, including electrical goods, must be of satisfactory quality, fit for purpose and as described. If what you bought is not of satisfactory quality, you could be entitled to a refund, repair or replacement even if it is out of warranty. You can rely on Foys for legal assistance and advice in case the entity that sold the item to you refuses to adhere to the Consumer Rights Act, as they are breaching your statutory rights.

What are the civil dispute resolution options?

Alternative dispute resolution

It is possible for a civil dispute to be settled outside of court with the help of the Alternative Dispute Resolution (ADR) method – the method of resolving disputes without litigation. There are various alternative dispute methods, some more cost-effective and less stressful than others, that you can employ before heading straight to court, which is often more complex.

Negotiation: This flexible, confidential, informal and voluntary process allows the involved parties to reach an agreement through direct or indirect communication. Through a series of structured discussions, either between the parties or their representatives without the involvement of a third party, the issues at hand can be raised and deliberated before coming to a suitable conclusion. Before partaking in a negotiation, it is vital that you speak with a solicitor to inform you about your rights.

Mediation: Similar to ‘negotiation’ in some ways, the private process of mediation involves a neutral third party to help the other parties resolve their dispute. This third party is referred to as the mediator who directs and guides the discussion between the two parties, ensuring that they, themselves, are fair and impartial throughout in order to reach a reasonable resolution. Foys can help you find a solution with our mediation service, and we can also give you the advice you need to make a decision that is best for you and your case. Upon reaching a solution, we will draft up a Memorandum of Agreement (MOA), which is a cooperative agreement between the two parties outlining the agreed terms. For more information about our mediation service, head to our mediation page.

Arbitration: Another process which is made by a third party, arbitration, involves an arbitrator who acts as a judge, listening to either party’s issues before making a decision. This decision, also known as an award, is regarded as binding and final for both parties, and it can be filed in court. The selected arbitrator will be responsible for organising a hearing where both parties can provide written and verbal evidence of their side of the case before the ultimate decision is made.

Civil litigation

If the dispute cannot be settled outside of court, you can bring a civil claim to the court system, and trial proceedings will commence. Foys can advise and support you throughout your case, ensuring that you comprehend the legal procedure and how things will move forward.

We can also help you through specific pre-action protocols under court procedures pertaining to your case. These protocols and procedures are necessary during legal proceedings and can often be difficult to traverse, which is why working with Foys is an easy way to ensure everything goes smoothly during your court case.

Foys Solicitors can help you resolve a civil dispute

There is no need for you to face a civil dispute alone, as Foys’ team of expert solicitors will be by your side throughout, giving you the advice that you need, and seeking out the most favourable, straightforward and cost-effective method of resolution.

Following a free initial consultation with our team, we may be able to give you a quote based on your specific case. It is important to realise that all of our costs are transparent and upfront, meaning that you do not have to worry about any hidden charges.

To get the right legal advice and support, simply get in touch with Foys civil disputes team by calling your local Foys Solicitors office today.

This page was updated on 23/10/2019.

Please note that although we may use the word ‘solicitor’, your case could be carried out by a legal advisor, legal executive or paralegal depending on the nature of the case.