Disputes

In the civil law arena, a great number of cases arise from a dispute of some kind between one person or business and another.  When two sides cannot resolve issues by themselves, the problem may be resolved by obtaining timely and effective legal input.  This may simply be advice but also can include assistance with negotiation of a settlement between the parties.  Litigation is often expensive and uncertain.  After all, it is often risky putting the decision of your case in the hands of a judge who may decide a case either way.  However, sometime it is unavoidable if a resolution cannot be reached. If it does need to go to court, legal representation will likely be a needed to best prepare and present your case.

Types of Dispute

Marcus Croskell can assist with a variety of private and business dispute that can arise:

·  Consumer contracts such as credit agreements, supplier agreements, b2b contracts, sale of goods and services, etc.

·  Land and property disputes including boundaries, neighbours, rights of way and easements, adverse possession, etc.

·  Landlord and tenant issues such as possession orders, disrepair claims, etc.

·  Commercial contractual disputes including breach of guarantees, partnership disputes, construction, etc.

·  Negligence and nuisance claims.

·  Corporate and individual insolvency.

·  Corporate health and safety or regulatory infringement.

·  Probate.

·  Legal costs.

Avoiding Court

Many individuals and businesses are put off the idea of engaging a lawyer because they are reluctant for a case to end up on court.  People are afraid of the time and cost of litigation, let alone daunted by the prospect of preparing and representing themselves.  On television, police often accuse detainees who ask for a lawyer of knowing they are guilty.  However, seeking help from a lawyer in whatever situation is often both a logical step to ensure you are in the strongest position. 

Engaging a lawyer does not inevitably mean that the dispute goes to court.  Initially, attempts can be made to resolve the matter out of court, either by firmly establishing the relevant legal basis to persuade the other side to relent; or where this is not clear, to negotiate an acceptable settlement.  Marcus Croskell is often instructed to attend mediation sessions to resolve cases at an early stage.  He recently was instructed by solicitor from Essex to attend a mediation in London in a construction dispute and a separate contractual matter in Kent for different client.

In either case, the lawyer's experience is essential:

- To know the relevant law in detail, in order to form a strong argument; and

- To have experience of negotiations of this type, to achieve a settlement

Sending a Firm Message

All to often, by the time a lawyer is engaged in relation to a dispute, it has been going on for some time, with some attempts to already having been made to resolve it.  Very often, the simple act of letting the other side know that you have engaged a lawyer sends a firm message that you are not going away and that you are determined to proceed. This in itself can very often result in a shift of position and result in a resolution, with very little time spent by your lawyer.

Faster Resolution

If a dispute has been going on for some time, engaging a lawyer can be a route to expediting a resolution. Especially when one of the parties is using delay and elapsed time as a way to avoid resolution or payment to you of monies owed.  This is often noticeable in cases where companies are insolvent or on the cusp of.  They delay paying invoices and then when challenged, leave everything to the eleventh hour to avoid paying out. By engaging a lawyer, pressure can be brought to bear by threat of legal sanction.

Marcus Croskell represented a homeowner in Newmarket, Suffolk who was being prevented having access to her rear garden by a neighbour.  It was clearly marked on her deeds that she should have unfettered access across her neighbours’ garden.  The neighbour did not like it and it appears prevented the previous owner as well.  She had engaged a solicitor at an early stage, but this made little difference with over £3,000 spent on letters back and forth between her solicitor and the neighbour. Marcus Croskell met her and within a short time had issued proceedings and sought an injunction against the neighbour.  The neighbour refused to agree to negotiate, but did instruct a lawyer for the first hearing.  At that stage, the lawyers negotiated a settlement in which Marcus Croskell’s client achieved all the aims of her claim and received a large payment towards her legal costs.  Marcus Croskell helped her take decisive steps and within two months of him being instructed, had resolved the case, which had run for eight months before that.

If you would like to instruct Marcus Croskell for advice or representation in your business or personal dispute, please contact him on 0843 886 2603 or EMAIL for your free initial legal enquiry.

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