CLAIMS AND DISPUTE RESOLUTION
Murphy’s law means that things do not always go according to plan. Early advice from an experienced lawyer can often help you to make the right decision in difficult situations, to avoid disputes and litigation, but still achieve a satisfactory outcome and, of course, save you money and avoid heartache and stress.
If litigation cannot be avoided, our experienced lawyers will be your “champion” to fight your battle, whether through the courts, tribunals, arbitration or mediation.
Our expertise and track record includes the following types of disputes:
We have extensive experience and an enviable reputation for disputes involving boundaries, rights of way, rights of light, restrictive covenants and all manner of property-related disputes in the civil courts, and, title disputes referred by the Land Registry to the First-tier Tribunal.
Disputes arise between unmarried couples and family members over property ownership. This often involves complex issues of trust law and the Trusts of Land and Appointment of Trustees Act 1996. We have successfully assisted clients to pursue as well as defend claims in the courts, and to negotiate settlements out of court.
We act for executors and trustees, as well as dissatisfied individuals over Wills that are contested. Wills are challenged for a variety of reasons, ranging from suspicious circumstances surrounding the making of the Will, to its failure to make adequate provisions for family and dependants. Funding on the basis of “no win no fee” is available in suitable cases.
We help you to resolve contractual disputes, whether it is with the non-performing builder or defective goods and failure to deliver. Unfortunately, the construction sector has many “cowboy builders” who seek to take unfair advantage of vulnerable individuals. Informal and undocumented agreements often lead to disputes over payment terms, defective or poor workmanship.
When individuals or family members in business together no longer get on and fall out over personal or financial matters, they need advice to protect their interests. We have a proven track record in helping our clients to resolve disputes.
We have sued and also defended professional advisers, from accountants to lawyers and financial advisers. A difficult and complex area of law, we have a track record of successful claims. Funding on the basis of “no win no fee” is available in suitable cases.
If the insurance company refuses to pay on a claim and you believe they are wrong, come and see us for advice. We have successfully recovered six figure settlements and awards for our clients.
We help our landlord clients to comply with the legal requirements to repossess properties from defaulting tenants, and where necessary, to enforce court orders. We also help our tenant clients to exit from tenancies and to defend claims from landlords.
Our partner Michael looks at what makes a will and how they work, starting with revocation. Michael specialises in wills and inheritance disputes which means he is well position to explain this area and consider what happen when things go wrong.
The execution of a will, in most circumstances, revokes an earlier one.
A revocation clause, usually found at the start of a will, ensures there can be no doubt that the testator wanted their new will to replace an earlier one.
All of us at Stokes Partners were delighted to host Archie from Reminiscence Learning last week.
Reminiscence Learning is an amazing Somerset based charity specialising in raising awareness of dementia across communities and generations, providing respite activity to support carers and those they care for and organising training sessions, carer support groups and community activity sessions.
One of Somerset’s most forward-thinking law firms, Stokes Partners, has joined as Somerset Day’s new Official Legal Partner. Based in the heart of Somerset, Stokes Partners are proud of their Somerset roots and passionate about providing high quality personal service to individuals and businesses in Somerset and beyond.
The recent case of HHJ Harrison in Breakingbury -v- Croad (2021) saw the owner of a dental practice defend a…