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Civil Litigation/Dispute Resolution

Most of us, thankfully, never have to resort to Civil Litigation to solve a problem but it’s important to know that at brains our Litigation team is qualified to deal with the unforeseen.  Our Civil Litigation team can help you with advice on a whole range of issues from someone owing you money, property matters (boundary disputes, landlord and tenant, building works) to contract disputes, employment and personal injury.  We also have Cornwall’s only member of the Association of Contentious Trust and Probate Specialists to help and advise you if you feel you have been unfairly treated in a Will, or are on the receiving end of such a challenge, or you are involved in a Probate or Trust dispute that requires specialist advice.

Whilst it is difficult to know what your costs will be at the outset of a litigation matter, the high calibre of our staff means that we are often able to settle matters swiftly, which means a lesser cost to clients.  We will also look at alternative ways of funding your matter utilising, if appropriate, Conditional Fee Agreements and/or after the event insurance policies, to minimise the risks in relation to payment of legal fees in the event that your claim is unsuccessful.

We will also investigate the possibility of settling matters without the need for Litigation, utilising mediation or alternative dispute resolution.  Our Litigation team has considerable experience of all types of mediation and can advise as to the suitability and costs of that process in the context of your ongoing matters.

It is our policy to tell you at the outset what your pre-action costs will be and as your matter progresses we will keep you updated as to your costs for each stage of your matter.

If you have a problem you are not alone contact our Civil Litigation Department for advice on how we can help you.

Insolvency and Debt Recovery

Contentious Probate 

Landlord and Tenant - Our litigation team represent both landlords and tenants in commercial and residential property.  Advice is typically sought in disputes relating to repossession, rent recovery, dilapidations, service charges, disrepair on leases, trespass, harassment and neighbour nuisance.

Property and Neighbour – Our aim is wherever possible to resolve disputes between neighbours without resorting to court action, although this is not always possible.  We advise on disputes over rights of way, property boundaries and restrictive covenants.

Building – We can advise on disputes over construction projects in relation to extensions, new houses or building projects.

Employment – Our litigation team can advise on problems arising during and after employment for both employees and employers.  We also advise on Compromise Agreements.

Contracts – We can assist and advise you on a wide variety of consumer contract claims which may have arisen over the supply and sale of goods or services.

Business Lease Disputes – Renting or leasing a property can sometimes lead to disputes involving lease renewals, repairs, rent reviews, rent arrears or service charges.  It is our aim wherever possible to negotiate to resolve these disputes practically and as cost effectively as possible and where appropriate, preserving your business relationship with your Landlord.

Partnership Disputes – If you have a partnership dispute our aim is to help you successfully deal with and resolve your issues.

Negligence Claims – When you instruct a professional to give you advice you expect their advice to be sound and to not cause you a problem.  In cases where the advice you have received falls below the duty of care you are entitled to our litigation team will advise you on what action you can take and assist you in resolving your claim.

Planning Disputes/Tribunals