Disputes Services for Individuals

Life throws up many problems and disputes making times difficult and stressful. We have a caring professional team who can help you through these difficult times.

Our main aim will be to help you avoid Court proceedings. We have a friendly, understanding and innovative team who/which will explain the merits and prospects of success to you. We will deliver an innovative solution and a plan to achieve this. To achieve the solution, we will work with you to take the stress away and settle the dispute as soon as possible.

Costs are also a concern and we will explore alternative methods of funding the dispute with you to keep costs to a minimum. You may already have insurance to cover your costs. Often we will share the risk of costs with you.

Our team is recognised in the legal 500 and has considerable expertise in all kinds of disputes.

​Services we offer

  • Alternative Dispute Resolution
    The majority of disputes are now resolved before a full trial. The reason for this is the introduction of the Civil Procedure Rules and the emergence and popularity of alternative dispute resolution (ADR). At Spratt Endicott we recognise the advantages of seeking a quick settlement and reducing costs through one of the ADR methods.

    The principle forms of alternative dispute resolution are:

    Mediation

    The process involves the instruction of an independent trained mediator who will facilitate a discussion between the parties with a view to try and reach an agreement. Any discussions between the parties within the context of mediation are confidential and without prejudice, which means they cannot be referred to in any subsequent Court proceedings. The process is not binding, unless and until a settlement agreement is signed. The advantage of mediation is that it is cheaper, faster and more flexible than Court proceedings. As the process is consensual and its aim is to reach a compromise, mediation can assist in preserving business relationships.

    Arbitration

    An independent third party considers the arguments put forward by each party and reaches a legally binding position. This is a private process and particularly suitable if you wish to keep the dispute confidential. The process can be less formal and sometimes more flexible than Court proceedings.

    Adjudication

    Similar to arbitration in that an independent third party adjudicates the outcome. This may be less formal than Court proceedings and is more suited to technical disputes.

    Early Neutral Evaluation

    An expert in the relevant field is invited to hear each party's case and give an opinion on the likely outcome or even on a particular point of law. The opinion is not legally binding, but can encourage the parties to re-evaluate their position.

    Expert determination

    An independent expert chosen by the parties will consider the claim with a view to reaching a binding decision. Often better for difficult technical issues in complex cases.

    Spratt Endicott has experience of all forms of ADR and will use these procedures where appropriate to bring your dispute to a quick and cost effective conclusion.

  • Injunctive Relief
    There may be times when urgent action is required to stop a person from taking a particular action or to force them to do something. An injunction is a Court Order which will achieve this. Often an injunction is first sought without notifying your opponent. The purpose of this is that the status can be preserved until the dispute is brought before the Court.

    Interim injunctions are obtained, for example:
    • to prevent the use of confidential information;
    • to freeze bank accounts and/or pursue assets worldwide;
    • to enforce restrictive covenants;
    • to prevent a continuing breach of contract;
    • release of goods; and
    • preventing the sale of land

    An injunction is a temporary remedy until a final order is made. Applications for injunctions are often made upon or shortly after the issue of proceedings. In exceptional circumstances, injunctions can be applied for before proceedings have been issued, provided that proceedings are commenced shortly thereafter. Applications for injunctions can be expensive and are potentially a high risk strategy, as the Court will require you to undertake that you pay your opponent's losses incurred as a result of the injunction, if at trial it is found that you were not entitled to that injunction.

    At Spratt Endicott we have extensive experience in applying for injunctions and are able to advise you on whether an application for an injunction is appropriate and on the risks involved.

  • Judicial Review
    Public sector organisations are accountable to the general public for their actions. Failure to properly exercise powers or duties may be challenged by way of a Judicial Review Application to the Court. Proceedings will be put before a Judge who will consider whether a public body has breached its duties or exceeded its powers. If it has, then the public body's decision may be quashed, or it may be compelled to take or refrain from taking certain action.

    At Spratt Endicott we have considerable experience of both bringing and resisting applications for Judicial Review. From our experience, it is expedient to act quickly and our department is used to organising its resources to give you immediate assistance.

Getting in touch

For more information on our Disputes Service for individuals, please contact David Whiting at our Banbury office on 01295 204105 or email dwhiting@se-law.co.uk.

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