Archives

Professional Negligence

Overview

We have all come to rely more and more on the guidance, direction and instruction of professionals, whether as individuals or as a business, to protect ourselves against or mitigate risk.   

Professional people, whether they be solicitors, accountants, financial advisers, surveyors, architects or barristers, are human beings and can make mistakes.   Not all mistakes are negligent mistakes which might give rise to a claim.  However, if a professional person provides a service which falls below the standard of care expected and which results in a financial loss, it is possible that a claim in negligence might be brought to compensate the injured party.  

Unpicking exactly what went wrong and how the law applies in those circumstances is not always straightforward, but it’s important to act quickly if losses are to be recovered or mitigated. 

Our lawyers have acted for both claimants and defendants in professional negligence claims and we have vast experience of the law and procedure relevant to these sometimes-complex cases.    

Through many years’ experience and having developed a keen understanding of tactics employed by insurers and those representing them, we are able to quickly and efficiently ascertain the strength and weakness of claims and to negotiate or pursue them to a successful conclusion.   

Lee Hamer is a long-standing member of the Professional Negligence Lawyers Association and his particular expertise lies in solicitors’ negligence cases across all specialisms including conveyancing, failed (or compromised) litigation, matrimonial disputes and wills and probate. 

Work encompasses

  • Dispute management and resolution 
  • Litigation 
  • Negotiation 
  • Mediation 

Partnership and shareholder disputes

Overview

For over a century this firm has represented a very wide and diverse range of businesses, whether companies, joint ventures or partnerships and of all sizes.    

Many of our clients are owner managed businesses or small to medium sized enterprises.  This firm is itself an owner managed business and as such we will speak your language.  We understand the difficult issues which you might face, can offer commercial and pragmatic advice if a dispute arises and we can often be called upon to assist in resolving issues before a business relationship breaks down irretrievably and before the business itself suffers.   

If the relationship between business owners does break down irretrievably, we can be called upon to resolve the dispute for you in an efficient and cost-effective manner.     We have considerable experience and expertise dealing with partnership and shareholder disputes across an incredibly wide range of businesses and areas of trade. 

We believe that disputes of this nature can and should be resolved without the intervention of the Courts.  Often such disputes are suitable for mediation and we have appeared at countless mediations involving claims made by partners, directors and/or shareholders.  

If settlement is not possible, you can trust that we have the experience, tenacity and insight to give you the best possible chance of succeeding before the Courts 

Work Encompasses

  • Disputes between shareholders and unfair prejudice petitions 
  • Disputes between shareholders 
  • Claims for just and equitable winding up 
  • Claims arising out of joint venture agreements 
  • Removing a director or partner 
  • Ending or dissolving the business relationship 

Intellectual Property

Overview

Our lawyers have many years’ experience assisting businesses to resolve all sorts of IP disputes.  We can offer a pragmatic and rounded approach free from legal jargon.   

Although IP disputes can often raise complex legal arguments, we believe that most are capable of being resolved commercially and cost-effectively outside of the Court. 

If Court proceedings are unavoidable, we have the necessary experience and expertise to provide you with the best possible chance of succeeding.  

Work Encompasses

  • Trade Mark disputes  
  • Brand protection 
  • Copyright Infringement disputes 
  • Design Rights (registered or unregistered) disputes 
  • Domain Name disputes 
  • Patent Infringement disputes 

Landlord and Tenant

Overview

We have extensive knowledge and expertise of the relevant residential and commercial property legislation and relevant case law. This together with our substantial library of precedent documents ensures we are able to advise you on all aspects of the landlord and tenant relationship and the legal implications of such, which can often be complex and confusing.

Most residential or commercial landlords have two major priorities – safeguarding and maintaining their property and protecting their income and investment. A difficult tenant can cause significant stress and unnecessary expense. We offer support and advice at every stage of the landlord and tenant relationship whether residential or commercial.

Commercial 

We provide a complete and efficient service, giving clear, cost-effective, practical and pragmatic advice on all matters arising from a commercial landlord/tenant relationship, whether at its creation, variation, termination or court proceedings and whether its acting for the landlord or the tenant.

Work encompasses

  • Granting or taking a new Lease
  • Advising on assignment, underletting or variation of the Lease terms and drafting documentation  
  • Contested lease renewals under the Landlord and Tenant Act 1954
  • Surrender and lease renewals
  • Dilapidation claims
  • Advising on tenant breaches and options available to a landlord
  • Advising on breaches and options available to a tenant 
  • Advising on consent for alterations
  • Rent recovery
  • Forfeiture
  • Possession actions

Insolvency

Overview

We provide wide ranging and practical advice to both creditors and debtors, whether individuals, partnerships or companies. We also provide a high quality service to insolvency practitioners. We act for trustees in bankruptcy in seeking to realise assets effectively and efficiently.

Insolvency litigation is undertaken whether bringing or defending Court proceedings.

Work encompasses

  • Statutory Demands
  • Bankruptcy
  • Winding-Up Petitions
  • Insolvency Litigation
  • Administrations
  • Receiverships
  • Liquidations
  • Company Voluntary Arrangements
  • Company re-structures and re-financing
  • Creditors' rights on insolvency
  • Claims against directors
  • Directors' Disqualification
  • Individual Voluntary Arrangements (IVA)
  • Preference claims

Property Disputes

Overview

Elsewhere within this website we have explained our specific services relating to disputes which are connected to property, including disputes between landlords and tenants and construction and building disputes.

Additionally, we can be relied upon to represent you in all manner of disputes which may involve property.  Whether someone is encroaching upon your land or property, causing damage or a nuisance (for example because of noise, flooding or smoke) or because there have been promises made in relation to land or property which have not been honoured.

We can assist you to resolve the dispute through mediation or court proceedings and we will be able to assist with claims for damages or an injunction where appropriate.

Work Encompasses

  • Trespass claims
  • Nuisance claims
  • Boundary disputes
  • Proprietary Estoppel / Constructive Trust claims

Company Secretarial

Overview

Although we cannot hold office as a Company Secretary we advise and assist many corporate clients in relation to the duties required under company law and we assist our clients in performing those duties. 

We offer the complete package of Company Secretarial services to private limited companies and charitable companies. 

Work encompasses

  • Company formation 
  • Advice in relation to directors' responsibilities 
  • Maintaining Statutory Registers 
  • Maintaining Statutory Minutes 
  • Attending Board and General Meetings to advise on procedure and to take minutes 
  • Acting as the company's Registered Office 
  • Filing all necessary accounts, forms, returns and resolutions on the public record at Companies House 
  • Dissolving the company 

Commercial Litigation

Overview

Our lawyers have many years of experience in dealing with complex company and commercial litigation and often the sums involved run into millions of pounds. We have successfully brought and defended proceedings before the Courts.

Commercial disputes need not necessarily end up in expensive court proceedings and wherever possible we will endeavour to resolve issues for clients by way of agreement with the other party’s advisers or by mediation.

Work encompasses

  • Contractual disputes
  • Professional negligence
  • Shareholder disputes
  • Partnership disputes to include dissolution of partnership
  • Substantial debt recovery

Commercial Property/Conveyancing

Overview

We have substantial experience in all aspects of commercial property. Our approach throughout is a practical one with an awareness of the need of our clients, many of whom are owner managed businesses, to deal with land and buildings profitably, whether as owner or occupier. 

We act for many farmers and landowners. Consequently we have an expertise in transactions which have an element of deferred consideration or overage, and in option arrangements. 

Work Encompasses

  • Site acquisition 
  • Site development and subsequent disposal 
  • Options and overage 
  • Leases including Landlord and Tenant Act 1954 matters 
  • Town and Country Planning and Section 106 Agreements 
  • VAT advice 
  • SDLT advice 
  • Restrictive Covenants 
  • HIPs as appropriate