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Litigation

Contested Wills and Estates

No matter how carefully a person plans for the future, disputes and differences can arise. If you’re challenging a will or protecting a claim, we are the solicitor’s for you.

Whilst many people plan what will happen to their Estates after they die very carefully and make a Will to reflect that, it is, unfortunately, the case that in certain circumstances there will be beneficiaries or potential beneficiaries who are dissatisfied with the outcome. In these circumstances, there are procedures available for such persons to contest the Will and potentially force change to the distribution. Typical examples are; excluded family members or people who were being maintained partially or wholly by the deceased during their lifetime.

At Barwells Solicitors our role is to offer calm, friendly and professional advice. If you dispute any part of a Will, or the entire estate, we can explain what your rights are. We do the same if it is being disputed by another party. Options, costs and timescales will be discussed before we start work for you. Disputing an estate is a complex area of law. In everything that we do for you, we will explain using the plainest language we can. It is our job is to ensure you feel completely at ease.

Barwells for Business

We offer fixed monthly plan offering services for business owners, start-ups and medium-sized companies in the UK. Click the link below to find out more.

Barwells for Business

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.

Contract Claims

Where there is a contractual agreement between you and another builder (personal or professional) we can advise you on the terms of the contract, and assist you in bringing a claim where those terms have been breached.

Employment

When your employment ends, it can sometimes involve a Compromise Agreement. Barwells Solicitors can explain what this is, help you agree one and make sure your rights are taken care of.

When the decision is taken to end an employment relationship, it can be a time of uncertainty. Disputes can arise over the decision to dismiss. Directors can fall out over future business strategy or investment decisions. You may feel your position is untenable or that your employer wants you to resign and is forcing you to do so. Alternatively, your employment may end due to restructuring of the company.

Compromise agreements are legally binding documents. Barwells can explain what one is and what it means, should you sign one. In return for an agreed financial amount, you agree to waive any claim you may have. Your claim may have a higher potential value. We explain what your options are and if this is the best outcome. Terms need to be agreed by you. At every step, we use plain English, not legal jargon. If you sign, you know fully what you are agreeing to.

Professional Negligence

When you ask for professional advice that is what you expect. If that advice results in some form of loss Barwells help you decide what action to take – and how to go about it.

If you ask a professional advisor for help, the last outcome you imagine is one where their advice causes a problem. Surveyors, Architects, Solicitors and Accountants are all bound by professional standards. They owe you a duty of reasonable care and skill. When their advice is negligent, damage or some form of loss may occur. If this happens you need to know what options you have – and how to go about making a claim. It can feel daunting taking on a professional advisor – expert legal advice can support you achieve the result you deserve.

Barwells specialist lawyers will explain the process of making a claim, what it may cost and how long it will take. Dealing with a professional negligence dispute can take time. Demonstrating what has failed – and the losses suffered can be complicated. We explain everything simply. Together we explore options, agree the best course of action – this could be litigation, negotiation or mediation but we explain each, and what they mean. And finally we aim to secure the best outcome possible for you.

Business Debt Collection

We offer a debt Collection Service for local businesses.

The costs shown below apply where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one-off letter is required), or an hourly rate if more extensive work is needed.

 

Debt value Court fee Our fee (incl. VAT) Total
Up to £5,000 £205 £320 £525
£5,001 - £10,000 £455 £535 £990
£10,001 - £50,000 5% value of the claim £1070  

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.

Team members

Lauren Chambers
Practice Director, Partner, Head of Litigation
Peacehaven, Seaford
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Holley Henden
Trainee Solicitor, Litigation
Peacehaven
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Sarah Rebello
Solicitor, Litigation
Peacehaven
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