Disputes

Disputes

Civil disputes can drain you of time and money, and they do nothing for a person’s stress levels and health.

 

Our philosophy when it comes to civil disputes is to try and avoid them happening in the first place by ensuring contracts and Wills are well-drafted.  However, if a dispute does develop, we deal with the matter quickly, employing tactics born out of years of experience, to prevent the disagreement from getting out of hand.

 

At Nalders Solicitors, we do not shy away from creative resolution procedures if they will bring a swift end to the dispute.  We are highly experienced in alternative dispute resolution methods and will make every effort to use them to achieve a quick, cost-effective settlement.

 

If litigation proves inevitable, our disputes team will provide you with robust legal representation and engage expert counsel if and when required.

 

To find out more about how we can advise you on civil disputes, please fill in our contact form, or phone our Truro office on 01872 241414.

Contentious Wills

At Nalders, we understand the challenges contesting and defending a Will presents.  Challenging a Will is notoriously difficult; the law presumes that a person should be able to leave their estate to whomever they see fit.  Nevertheless, claims have increased significantly in recent years, due in part to the considerable rise in the value of estates because of large increases in property prices, and also  cause people often marry more than once in their lifetime, and disputes between step-families are common as a result.

 

Challenging or defending a challenge to a Will can be intensely personal; in some cases, these types of disputes can drive families apart.  We push for early resolution using clear negotiating tactics based on a pre-agreed strategy.

 

Our clients benefit from our collaborative culture which ensures that we swiftly engage the services of other departments, such as conveyancing and family when we feel it is beneficial.

 

Reaching settlement through negotiation and mediation

 

Our civil disputes team believe that in a majority of contentious Wills cases, it is best for all parties, for financial and personal reasons, to reach an early settlement in a non-confrontational way.  We have solicitors who are trained in mediation who can work to reach a win/win agreement that has the best chance of preserving relationships long-term.

 

We understand how emotionally charged the process of contesting a Will is, which is why we provide legal advice in practical, supportive and sensitive manner.  Our team have experience of acting for both sides in matters involving contested Wills, which gives us an in-depth understanding of each sides’ financial and personal motivations.

 

This is one of the reasons why we have a strong track record of settling contentious Wills disputes quickly, saving clients time, stress and money.

 

To find out more about how we can advise you on contentious Wills disputes, please fill in our contact form, or phone our Truro office on 01872 241414.

Consumer Disputes

Our litigation team are well placed to handle disputes with a goods or services provider.  Consumers enjoy strong statutory protection in the UK. We can advise you how the law applies to your situation and work towards a quick result, acting on your behalf in disputes that require legal involvment, and offering guidance in other instances.

 

Consumer protection in the UK

The Consumer Rights Act 2015 overhauled the pre-existing consumer legislation, covering goods, services, and digital goods. The Act provides that if you return faulty goods within 30 days of purchase, you are entitled to a full refund. If you return defective goods more than thirty days after purchasing it, you are entitled to a replacement or to have the item repaired free of charge. Even after six months, you still have a right to ask for a repair or a replacement.  But the retailer then has a right to deduct some money for the use you have had out of the goods.

 

Further protection is provided by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.  The regulations provide that customers have a right to return any items bought online within 14 days without having to provide a reason.

 

How we can help

Many people do not understand their rights under contract, negligence, and consumer laws.  This results in many people being left severely out-of-pocket despite having a perfectly valid claim.  Our commercial solicitors will explain your rights to you in a practical manner and help to identify the best route for achiving a satisfactory outcome to your claim.

 

We are proud to have helped many people in Cornwall and beyond to successfully pursue consumer disputes when they have received an inadequate service.

 

To find out more about how we can advise you on consumer disputes, please fill in our contact form, or phone our Truro office on 01872 241414.

Property Disputes

Surveyors and property professionals regularly recommend Nalders’ property litigation lawyers, because they have seen us in action.

 

Our experience in property disputes extends to all property issues, such as:

 

  • Boundary disputes and determinations
  • Negligence in conveyancing
  • Trespass and nuisance actions
  • Squatters
  • Rights of way and other easement disputes
  • Enforcement of freehold and leasehold covenants
  • Common Land and Village Greens
  • Damage to property
  • Party Wall Disputes and Injunctions
  • Property injunctions
  • Breach of lease and forfeiture, including s146 notices
  • Rent arrears
  • Business tenancy renewals
  • Adverse Possession
  • Land Registration disputes

There are many ways that these issues can be resolved. We are familiar with and frequently operate using the rules of the County Court, High Court and other tribunals such as the First-Tier Tribunal (Property Chamber). If all parties agree and consider there are benefits of doing so, we can mediate.

 

Boundary disputes

 

A boundary separates the land owned by one person from their neighbour. Unfortunately, boundaries are rarely defined with precision, and there remains a great deal of unregistered land in the area. They often provide a cause for neighbour disputes, which require detailed consideration of the underlying deeds and of the position on the ground.

 

We always aim to resolve boundary disputes without the need for costly litigation or unnecessary escalation of emotions.

 

By engaging Nalders to represent you in a property dispute, you can be confident that we will do all we can to resolve matters quickly and fairly, doing our best to preserve any ongoing relationships which may be at stake.

 

To find out more about how we can advise you on property disputes, please fill in our contact form, or phone our Truro office on 01872 241414.

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Nalders Solicitors is a trading name of Nalders LLP and is a Limited Liability Partnership registered in England and Wales (LLP No. OC354499). We use the term partner to refer to a member of Nalders LLP. A list of the members may be inspected at our registered office: Farley House, Falmouth Road, Truro, Cornwall. TR1 2HX. Nalders LLP is authorised and regulated by the Solicitors Regulation Authority No. 538003. Resolution Accredited Specialist. We will not accept service by electronic mail. VAT Registration No. 131 8555 74