Litigation

Problems with landlords and tenants are some of the most common issues in today’s society. The laws relating to landlords and tenants are ever evolving and it is vital to keep up to date of recent legislation to ensure both landlords and tenants are fully compliant with their obligations.

Whether you require advice regarding pre-action protocols, during a dispute or enforcing a judgment obtained, we at Fitz can help you with each stage of the process.

Some of the litigation we deal with are:

• Breaches of tenancy agreements
• Eviction orders
• Possession claims
• Enforcement of covenants
• Claims for unpaid rent and damage
• Service charge disputes
• Alterations/repairs
• Section 20 major works
• Tenancy deposit recovery
• Lease forfeiture and relief from forfeiture

Our solicitors are well versed in dealing with difficult landlords and tenants and are highly experienced at providing pragmatic solutions to bespoke circumstances. Call us today to see how we can help you.

Have you entered into any formal of agreement where the other party has refused to financially discharge their obligations? Our team at Fitz can assist you from all matters relating to debt recovery including:

• Track and trace services
• Pre-action protocols
• Settlement agreements
• Claims with the County/High Court
• Enforcing judgements obtained
• Liaising with third parties such as bailiffs and high court enforcement officers

We aim to resolve issues as amicably and financially appropriate as possible. Where we believe a matter has insufficient grounds for court applications, we will not pursue these at a cost to you for the sake of it.

We understand the stress that litigation to recover costs can bring and aim to work quickly and efficiently to ensure we secure the best deal available to you based on your personal circumstances.

Call us today to arrange a free consultation to discuss how we can help you recover your entitlement.

Disputes relating to your property can be highly stressful and time consuming. Whether it is your neighbour refusing to cut down the tree branches overhanging onto your land or taking a developer to court for poorly constructed properties, our team can assist.

Property disputes can range from a vast range of matters including:

• Boundary disputes
• Breach of covenants
• Rights of way
• Breach of easements
• Ownership disputes
• Rights of light and air
• Party walls
• Nuisance claims
• Negligence claims
• Parking issues
• Building disputes
• Insurance claims

Our team is dedicated in finding the most amicable and effective solution without the stress. Call us today to see how we can help you.

In everyday life, we need to rely on others to get certain things done however, sometimes the professional advice or service we have been provided with is provided negligently and we are left suffering a financial loss as a direct result. Situations like these can be upsetting and stressful.

Whether you are defending a claim for, or bringing a claim for negligence. Our experienced team has a detailed insight in professional negligence.

Listed below are just some of the fields we can assist with professional negligence claims:

• Legal
• Construction
• Planning
• Insurance
• Financial
• Trustees

Our approach is tailored to meet your specific needs and resources. Whether by mediation, negotiation or litigation, our experienced team will be able to advise you of the best way forward to help recover your losses as much as possible.

It is already an incredibly difficult time when you have lost a loved one but sometimes the anguish doesn’t stop there. Executors have a legal obligation to ensure that the administration of an estate is handled correctly but what if you feel that the wishes set out in a Will is not being adhered to or there is no Will?

Conversely, what if you felt the Will was not valid? Or that you felt a vulnerable person had been taken advantage of?

Unfortunately probate is becoming more and more contentious. We have extensive experience in matters relating to:

• Failure of executors to comply with their duties
• Failure to create a trust
• Failure to maintain and administer a trust correctly including meeting financial obligations
• Depriving beneficiaries of their entitled inheritance
• Claims relating to invalid wills including duress, mental incapacity and undue influence
• Claims for inheritance provisions under the Inheritance (Provision for Family and Dependents Act 1975)

We understand the sensitive nature of contentious probate and provide tactful and cost conscious advice to trustees, executors, beneficiaries and dependents alike.

Please call us today to arrange free consultation where can discuss any issues you may be facing in more detail.

Mediation is a form of dispute resolution without having to deal with the expense and time of proceeding to the courts.

Mediation is encouraged where the circumstances are appropriate. Parties can resolve disputes in an informal setting with the aid of a specialist and qualified independent Mediator. The Mediator will assist parties in reaching an amicable and mutually agreeable solution.

Mediation is a confidential and voluntary process whereby you will be able to voice your side. If any agreement cannot be made, the parties can still proceed to court.

We can assist in all matters relating to differing forms of mediation including family, consumer, contractual and employment issues.

Where required we can:

• Advise of the steps involved
• Arrange for an independent specialist mediator
• Produce consent orders

Call us today to arrange a free consultation to discuss mediation in more detail.

It can take months or years of your time to finally obtain a judgment from the courts in a dispute but unfortunately for some claimants, the battle does not end there.

It can be just as strenuous getting the other party to comply with the terms of that judgment and you will be once again left to apply to the courts to enforce these. We understand how frustrating and time consuming this can be and are well versed in advising on the most expedited and cost efficient way to receive your full entitlement. This includes:

• Applying to the County Courts
• Liaising with bailiffs
• Applying to the High Courts
• Liaising with High Court Enforcement Officers
• Negotiating and preparing settlement agreements

If you have a judgment to enforce, call us today to see how we can assist you.

When you enter into a Partnership you do not envisage anything going wrong unfortunately, circumstances can arise that you never anticipated and which can cause disputes within that partnership.

Disputes arise more commonly where there is no partnership agreement. Where this is the case, the partnership will be governed by the Partnership Act 1980 and is known as a ‘Partnership at Will’.

We understand how disruptive a partnership dispute can be and how it can detrimentally affect the profits of a business as well as the financial affairs of the individual partners. Partnership disputes can arise from anything ranging from:

• Direction of the partnership
• Mismanagement by a partner
• Breaches of a partnership agreement
• Bringing the partnership to an end

Where appropriate, we will try and achieve a practical solution by way of mediation before proceeding to the courts. If a mediated settlement agreement cannot be reached, we can assist in making applications to the court fully explaining each step of the process.

We pride ourselves in not only being aware of the legal ramifications but also the commercial reality which ensures that we advise on the best way forward to resolve the issue as amicably, quickly and commercially efficient as possible.

Issues faced by smaller companies or limited liability partnerships as quite similar to those faced by directors in large listed companies with the added issues of personal liability which unfortunately most directors may not be aware of.

Disputes can arise from:

• Breach of director’s duties
• Breach of partnership agreements and limited liability partnership agreements
• Breach of shareholders agreements
• Disqualifications
• Removals
• 50/50 deadlock
• Failure to comply with formalities
• Mismanagement of the company

Whatever the issue, our specialised team will be able to assist you and your business to achieve a pragmatic and commercially viable solution with as little expense and stress as possible.

Your consumer rights are governed by the Consumer Rights Act 2015 and the Sales of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994)

Unfortunately most people are not fully aware of their rights and so do not utilise the options and recourses available to them. Consumer law is vast and detailed and our specialised lawyers will be happy to assist in your particular circumstance.

We are experienced in a range of different consumer rights issues including:

• Receiving faulty goods
• Services not carried out properly or with reasonable skill and care
• Defective work
• Unfair contract terms
• Rogue traders

Call us to today to arrange a free consultation to see how we can help you.