Alternative dispute resolution (ADR) procedures can be a highly effective method in helping to avoid court proceedings. Through ADR clients have the potential to significantly reduce the disruption to their business and save money on the financial cost of litigation.
At Gorvins Solicitors, we will work with you to find the best way to resolve your dispute with the minimum of hassle and cost to you and your company.
Speak to one of our alternative dispute resolution solicitors today on 0343 507 5151, e-mail email@example.com or complete our online contact form.
What are Alternative Dispute Resolution Procedures?
Alternative dispute resolution procedures can be broken down into 3 categories:
- Mediation – An impartial third party offers advice to those in dispute and ensures the discussions run as smoothly as possible.
- Adjudication – During which an independent adjudicator, usually an expert in the subject matter being disputed, considers both parties’ claims and makes a decision.
- Arbitration – This is a legal process whereby an impartial tribunal is appointed to determine the dispute and whose decision is legally binding.
Gorvins Approach to Alternative Dispute Resolution (ADR)
Gorvins are proud to be experienced and successful mediators. As a specialist law firm and independent third-party mediator, we can significantly boost your chances of resolving a dispute and achieving the best outcome for you and your business.
How can Gorvins Help?
To speak to our alternative dispute resolution solicitors, call 0343 507 5151, e-mail firstname.lastname@example.org or complete our online contact form.
As a consumer, whenever you purchase goods or services from a business, you will agree to their terms of service and their conditions.
In turn, service providers and businesses have a duty to ensure that goods are fit for purpose, comply with Trading Standard regulations, and are sold as described. The Consumer Rights Act 2015 protects your statutory rights when you purchase a product or service from a retailer. If these rights are breached and you feel you have been poorly mistreated then you may have a claim against the seller or supplier.
How Do I Enforce My Consumer Rights?
It is important to follow the necessary complaint procedures in the first instance. By reading the seller or supplier’s terms and conditions you will gain a better understanding as to whether you need to open a claim. If the supplier refuses to fix and/or replace the faulty product or service, if you are refused a refund or if the product has been mis-sold to you then seeking expert legal advice is your next course of action. It is essential to instruct a consumer rights solicitor who can explain your options to you and advise you on the best course of action to resolve your consumer dispute swiftly.
It is extremely important to note that if your claim is for less than £10,000, then it will be a small claim. Whilst this is still something that our consumer law solicitors can advise you on, you are not generally entitled to recover your legal costs in a small claim, even if you win your case.
How Can Our Consumer Law Solicitors Help?
We understand that raising a claim against a seller or supplier is a daunting process, which is why we pride ourselves on having an expert consumer rights solicitors team, with a vast amount of experience in resolving a wide range of consumer disputes. Our consumer rights lawyers try, where necessary, to avoid the need to take the case to court and will attempt to resolve the dispute in arbitration using mediation with the other party involved. We will also explore alternative methods of funding which may be available to you in such cases and work with you to offer advice and support throughout the entire resolution process.
If you feel you have a consumer dispute and you would like more information on how to proceed, contact one of our specialist consumer rights lawyers today on 0343 507 5151, e-mail email@example.com, or fill in the online form and one of our consumer dispute solicitors will call you straight back.
There are a number of occasions when you may find yourself involved in a dispute and in need of legal support. This could be a situation at work, a dispute with your neighbour or in relation to a product or service. Regardless of the reason, times such as this can be very stressful and leave you feeling uncertain.
Contact our dispute resolution lawyers team today on 0343 507 5151 or e-mail firstname.lastname@example.org for a free, no-obligation and confidential discussion. Alternatively, fill in our online form and we will call you back.
Our specialist dispute resolution solicitors in Manchester have many years of experience dealing with cases of this kind and are here to help you solve a broad range of disputes. Choosing Gorvins can give you the peace of mind that you have the full support of an expert legal team, who are likely to have dealt with a case identical to yours in the past. We will work on your behalf to protect your best interests, whilst resolving your dispute quickly and efficiently.
Gorvins Approach to Dispute Resolution
The dispute resolution solicitors team at Gorvins have an impeccable reputation for achieving the best possible results for our clients. Our team will be working around the clock, on your behalf, to conclude any ongoing conflicts that you may have with another party.
Our dispute resolution specialists will work closely alongside you so that we can ensure that all options have been exhausted to avoid court proceedings. However, where this isn’t possible, we will ensure that your best interests are heavily defended, to the point where you are entirely happy with the outcome.
Do I Have a Case For Dispute Resolution Solicitors?
There are a number of different dispute situations that you may find yourself in, where you need the assistance of a dispute resolution solicitor. Although we try to avoid court at all costs, in order to do this, it is important that you instruct a solicitor at the earliest opportunity so that we can give you the best legal advice to resolve your personal situation. As experts, we can provide practical, common-sense advice on dispute resolution procedures covering matters including:
- Professional Negligence
- Landlord and Tenant Disputes
- Property Disputes
- Personal Insolvency
- Defamation & Slander
- Inheritance & Contesting a Will
- Contractual Disputes
- Debt Repayment
- Consumer Disputes
How Can Gorvins Help With My Dispute?
At Gorvins, wherever possible we prefer to bring disputes to a satisfactory resolution through negotiation and mediation. However, we recognise that there will be times when the parties involved in the dispute simply cannot agree among themselves and court action is necessary. Dispute law can be difficult and that’s why we’re always prepared to fight our clients’ corner with determination and robustness.
As one of the North West’s largest teams, our dispute resolution solicitors in Manchester have experience in many different kinds of disputes, offering legal advice and support tailored to suit each individual case. Whatever your case may be, at Gorvins we pride ourselves on the fact that our dispute resolution lawyers provide practical and jargon-free advice so you can rest assured that you’ll have a vigorous advocate fighting your corner.
If you are currently experiencing a dispute of any kind, or feel you have been mistreated by a professional in any way, contact Gorvins dispute resolution solicitors team today to discuss your case, and we’ll help you work out which steps to take next. You may have concerns such as; how long will the process last? How much will it cost? Do you I a good chance of winning my case? – All these questions can be answered during your initial consultation.
With the best dispute resolution solicitors Manchester has to offer, contact us on 0343 507 5151 or e-mail email@example.com for a free, no-obligation and confidential discussion. Alternatively, fill in our online form and we will call you back. We pride ourselves on our service and ability to achieve an outcome that suits both parties so please get in touch with our dispute resolution lawyers today to see how we can help you.
On 24th to 28th November, the family organisation Resolution will be holding it’s “Family Dispute Resolution Week” with the aim of raising awareness as to the various ways in which separating or divorcing couples may do so without going through costly and contested court proceedings.
Resolution is a national organisation of family lawyers and other professionals who are committed to adopting a constructive resolution to family disputes. The Family Law Specialists at Gorvins are all members of Resolution and follow the Resolution Code of Practice which promotes a non-confrontation and cost effective approach to family problems.
Many couples going through a divorce or separating believe that in order to resolve a dispute in relation to, for example, the splitting of assets or general money matters; they are required to go to court. There is however a number of other options available and the “Family Dispute Resolution Week” seeks to highlight these options with the aim of dealing with divorce and separation process #abetterway.
In support of the Resolution “Family Dispute Resolution Week”, the Family Law specialists at Gorvins are pleased to offer a free initial consultation to those seeking advice or to discuss the options open to them. If you would like to book an appointment please contact Gorvins on 0161 930 5117. Further information can be found on the Resolution website www.resolution.org.uk or by following @ResFamLaw and using the hashtag #abetterway on Twitter.
When boundary wall disputes escalate, it’s important to find a solution which is satisfactory to both parties and prevents bad tension from souring relations permanently.
Your property is a long-term investment and becoming embroiled in elongated issues with your neighbours is not ideal. Boundary wall disputes are the most common neighbour disputes recorded and there are a number of ways you can resolve them with the help of a boundary dispute solicitor.
Ownership of Boundaries
Typically, ownership is the contentious issue at the heart of boundary wall disputes. Usually, there is clear evidence of ownership contained in the legal documents that dictate the land. The evidence in these documents is usually conclusive and resolves boundary wall disputes.
However, boundaries can differ from title document descriptions in some cases. This is normally as a result of new agreements being made or encroachment, where there has been occupation without permission. In this case, any boundary wall disputes changed by agreement or encroachment will require further legal advice from your boundary dispute solicitors. These cases will require further evidence and mediation.
Required to Erect Barrier
One question that comes as a result of boundary wall disputes, or indeed the cause of it, is whether or not the owner of the boundary is required to erect a barrier.
The resulting barrier owner – once established – subsequently is not required to erect a barrier if they do not wish to. However, exceptions to this include:
- A clause dictates responsibility in title documents or your lease.
- The property is adjacent to a road and could cause danger without a wall or fence.
- Dangerous chemicals or equipment are stored on your property.
- If you rear non-domestic animals then a boundary fence is required to prevent straying.
Responsibility of Repair
If repair is at the heart of neighbour disputes over fences, then ownership will first need to be established in order to decide on who carries out the repairs. However, there may be additional evidence that the other party owns the fence such as documentation of bought materials, etc.
The owner of the boundary can use the wall or fence as they wish, without their neighbour’s input, providing that the structure is safe. A neighbour that does not own the boundary has no rights regarding the fence. For example, the cannot use the fence to support plants or the like without the fence owner’s explicit permission.
Repair is necessary should the fence or wall cause damage or injury, as your neighbour can take you to court for compensation. A repair issue in boundary wall disputes can also be brought forward if you are next to a street, as you must keep repairs reasonable enough to avoid nuisance or danger to those using the street.
An issue akin to repair is that of maintenance of hedges, particularly in relation to boundary hedges. The owner of the boundary is responsible for the upkeep and trimming of hedges, so you must maintain these as your neighbour can make a complaint to the council if:
- There are two or more evergreen trees or shrubs.
- The hedge is over two metres tall.
- It has a negative effect on your neighbour’s enjoyment of their home or garden.
Dealing with Fence or Boundary Wall Disputes
Your particular dispute may be over the erection of a boundary wall or fence. More specifically, who has the right to make changes to the garden fence or wall that separates your property from your neighbours. Our team of property boundary wall dispute solicitors can help to negotiate these issues and resolve your fencing or boundary wall disputes, preventing further escalation of the situation. Click here to find out how we can help with boundary wall disputes.
How Can We Help?
Neighbour disputes over fences and boundary walls can create high tensions and fraught relations, where a boundary dispute solicitor may be indispensable to re-establish peace.
If you are having issues regarding boundary wall disputes, then contact our team today on 0343 507 5151 or e-mail firstname.lastname@example.org or fill out our contact form. We can provide you with a free, no-obligation and confidential discussion regarding your situation.
In recent months, it’s been reported police have been bombarded with a recent surge in drone related incidents throughout the UK.
Once a niche for tech and aviation hobbyists, drones are now a popular consumer gadget after a jump in sales in 2016, prompted by cheaper prices and wider availability. You can now find drones, equipped with a camera, on the high street and online for as little as £30.
Last year, drones have been responsible for 3,456 reported incidents, almost triple the reported incidents in 2015, with Greater Manchester being one of the worst offending areas.
As it turns out, neighbour to neighbour disputes are amongst the most common problems caused by drones.
The garden hedge/fence is the physical, legal and symbolic boundary between neighbours, not to be crossed without prior permission or justifiable cause, but when even a cheap ‘off the shelf’ drone has a range of 300m and can record in 1080p with adjustable zoom, there’s only much a physical boundary can do to maintain separation and privacy.
Reports show owners are flying their drones over their neighbour’s house, within their legally owned boundaries, leading to hostile verbal exchanges and even physical threats. Common complaints include people claiming their neighbours are using drones to spy or monitor them or simply doing so ‘just to annoy them’.
When using drones in public or residential areas owners should be cautious. Recording other people without consent is something most drone users have inadvertently done at one point, this is in fact a direct violation of the data protection act and the CCTV code of practice, which was recently updated to include the use of unmanned aerial systems (UAS).
Also, if your neighbour no longer feels comfortable on their own property as a result of you regularly flying your drone over or in direct proximity of their home on a regular basis, they are within their right to make a claim against you under the tort of nuisance which may lead to you being served with an injunction.
Currently there is absolutely nothing stopping anybody from nipping to their local high street and buying a drone, as long as it weighs less than 20KG and isn’t for any commercial reasons you are good to go.
This has prompted the House of Lords EU committee to call for all drones to be registered amid concerns over individuals operating drones with little to no knowledge of aviation rules.
Other incidents have included more overtly illegal (and admittedly creative) uses for the drones. One man was arrested and subsequently jailed for 14 months after he attempted to drop contraband into a prison. Also, thieves have been using drones to scout homes as potential targets, looking for easy access points such as open windows and signs of a security systems.
Due to the technology still be relatively new in mainstream society, the rules governing drones are still evolving.
One suggested method to make drone users more accountable for illegal behaviour, is to have drone flights traceable and available through a public database.
However these gadgets are governed in the future, it’s clearly they pose a threat in the wrong hands and will continue to joust with data protection and civil aviation authorities until the laws are forced to adapt.
If you feel your neighbour is infringing on your privacy/property using a drone, contact our experienced litigation team on 0161 930 5151 or email email@example.com
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Sometimes disputes are not just with an individual neighbour, but with a neighbourhood in general. There are neighbourhood rules regarding noise, such as the use of loudspeakers is not permitted in the streets between the hours of 9pm and 8am. It is illegal to use loudspeaker for advertising, entertainment, trade or business purposes at any hour. There is an exception to this rule for vehicles that sell food (such as ice cream) but the loudspeakers are only permitted to be used between the hours of midday and 7pm in a way that will not annoy people nearby. If you have a problem with neighbourhood noise, the appropriate course of action is to contact your local authority or police.
Talking to your neighbours and requesting they decrease the noise is the first step. If nothing comes from this, if your neighbour is a tenant then you could contact their landlord. If the issue continues, it is useful to keep a record or diary of the disturbances which can be used as evidence in any future action.
Local authorities have extensive powers to deal with noise nuisances, you can speak to the Environmental Health Officer (EHO) to investigate the noise. They can measure the level of the noise and provide an expert opinion on how it rates as a noise nuisance. Local authorities have powers to seize noise-making equipment.
If you have tried the above then you should consider speaking to the council or seeking legal advice.
Shared amenities and who is responsible?
Sometimes there are shared features between two or more properties, such as the roof of a block of flats, drains and pipes, or shared driveways. Rights to use them (ie. Putting up an aerial on a shared chimney) and responsibilities for preserving them are usually set out in the property’s legal documents.
These documents might give you as a property owner rights to use or access your neighbour’s property for specific reasons. Sometimes they are not included in the legal documents but have arisen out of long, continuous and unchallenged use (usually 20 years.)
In some circumstances there may be occasions when your property’s legal documents do not expressly give you a right to access your neighbour’s property but you need to. For example, if you need to repair a drain or pipe and that pipe is also on your neighbours land then you can seek your neighbours’ permission to enter to gain access to their land to carry out the work, bearing in mind. Although that any damage incurred to that your neighbour’s property must be corrected. If your neighbour refuses to grant you access, an application can be made to a county court for an access order.
Fences, walls and boundaries
When disputes occur over boundaries between properties it is necessary to ascertain who owns the disputed land. However, the boundaries between properties can differ from those described in the title documents or lease in certain situations. The most common are where they have been changed by agreement or by encroachment. (Occupation without permission). If you think that there is an issue with the boundaries, you should get legal advice from a solicitor.
There are special rules relating to structural work to walls which stand across the boundary of land belonging to different owners, or which are used by two or more owners to separate properties. The owner must notify neighbours about any work they intend to carry out. These rules allow for the agreement or objection to any work within the certain time limits, and compensation and temporary protection for buildings and property. If there is no agreement, an independent surveyor can be appointed to decide what work can be done, and how and when.
Planning permission is not generally needed before putting up a wall or fence, as long as it is no more than two metres, except for if next to a highway in which case it must be no more than one metre high. If you want to exceed these limits you must get planning permission from the local authority.
Residents do not have automatic rights to a parking space on a public road except if there are local parking constraints giving a right to a particular space. However, occupants do have a right of access to their drive. If there is a shared drive, then each individual has a right of access and neither should block the drive. The local authority and police have wide powers to remove vehicles that are illegally parked or abandoned.
What are the legalities concerning disabled parking spaces on public street or spaces reserved for businesses for operations such as loading or delivering goods?
If there are signs on a public road showing that a space is reserved for disabled persons then you must not park in it without a disabled badge. If, like in city centres, there are signs showing that restrictions are in place to allow businesses to load and unload during specified hours then you must not park in the spaces within the timescales identified. In all cases the Council has the authority to fine you and in the worst case tow your vehicle away.
Are there any implications for people who obstruct a path or street with their parking, ie. parking on the kerb forcing people to walk on the road and around the vehicle, especially people with prams or in wheelchairs?
Pavement parking has only been made illegal in specific parts of London therefore in other parts of England and Wales it is not an offence to park on footpaths or verges however this does not mean you are entitled to park just anywhere. The rules very according to local authority but you can be fined if, for example, you park so that you are obstructing the dropped kerb and yellow strip that is designed to guide pedestrians to a safe crossing point.
See our articles about neighbour disputes for more information.
Purchasing goods and services and is an integral part of business, but sometimes deals go wrong and a solicitor is needed to help resolve the disagreement.
At Gorvins Solicitors, our specialists in dispute resolution are able to guide clients through complicated legal issues and minimise the negative impact they could ultimately have on their business.
To speak to our commercial litigation experts, call 0343 507 5151, e-mail firstname.lastname@example.org or complete the online enquiry and we will call you back.
Gorvins Approach to resolving a Goods & Services Dispute?
Commercial organisations are free to draw up contracts with one another on whatever terms they mutually agree. However, problems often arise when the terms are either not recorded in writing at all or are only partially recorded.
In addition, an unforeseen situation may crop up that is difficult to resolve due to a lack of detail in the contract.
These shortcomings usually become fraught when one party is accused of failing to keep its part of the bargain. It is at this point that the legal advice provided by our goods and services dispute solicitors becomes invaluable.
We will help bring the dispute to the best possible conclusion for all parties, whether it is through clarification of the terms which arise under the legislation, investigating business customs associated with the particular goods or services supplied or giving commercial sense to what has been agreed.
How can Gorvins Help?
If you have a dispute with one of your suppliers, contact our specialist goods and services dispute solicitors on 0343 507 5151, e-mail email@example.com or fill in the online enquiry form and a member of the team will call you back.