020 8866 6464
info@sethi.co.uk
banner24

Civil & Commercial Litigation Solicitors

Litigation is the method of resolving disputes or claims between individuals, companies, local authorities and government departments, through negotiation or through the courts. Because of our strong litigation background, we can often avoid many litigation disputes for our clients and move towards early, satisfactory resolutions.

At The Sethi Partnership Solicitors we are able to proficiently advise on a proactive approach to any litigation issues and provide full costs advice and keep you fully informed on all aspects of your case.

Generally, such matters fall into two categories: One is based on a contract being an agreement between two or more parties. The range of disputes based on a contract can vary from the relatively minor case of the purchase of defective items to a multi-million pound claim.

The other matter is based on a civil wrong caused by one party to another either deliberately or negligently. Civil wrongs include cases of personal injury and damage to property and reputation.

If you are involved in any dispute with another individual or company, we can advise you on your chances of success and the possible value of your claim. We can negotiate on your behalf and if necessary commence or defend proceedings, which, according to the subject matter and the amount of the claim, will be dealt with in either the County Court or High Court.

We can offer you legal advice on:

  • Contractual Dispute
  • Partnership, company, shareholders and Business disputes
  • Insolvency
  • Construction disputes
  • Restraint of Trade disputes
  • Debt Collection
  • Property disputes
  • Professional Negligence
  • Trusts of land and Contested probate disputes
  • Licensing
  • Disputed Probate
  • Wills and estates
  • all other litigation matters

We enjoy a reputation for being tough but approachable, and will look at the matter in its entirety to advise you on an action plan to progress matters quickly, and possible alternative dispute resolution where necessary.

Call us on 0208 866 6464 or e-mail on hildegard@sethi.co.uk to talk to a Senior Solicitor in our Litigation Department in confidence.

Have you considered Mediation before lengthy and costly Litigation?

Mediation can take several different forms. In its simplest form it can involve arranging a meeting for the parties to sit around the table with their legal advisors to air the issues in a dispute with a view to narrowing those issues and getting to the heart of the dispute to see if with the assistance of the parties the dispute can be resolved.

There can be a formal Mediation where a trained, independent and impartial Mediator will meet each of the parties individually. He will have read any papers in advance provided by the parties and know what the dispute is about. The parties may sit in different rooms, to avoid direct confrontation and the mediator will shuttle between the parties to discuss and narrow the issues until such time as agreement is reached about how the parties would wish the dispute to be resolved.

In the alternative the Mediator and parties can remain in the same room and the discussion take place. discuss the issues pertinent to the dispute.

Each form of Mediation is confidential. What is said within the terms of a Mediation Meeting cannot later be relied upon by a party if some advantage has been conceded by the other party which was conceded only with a view to facilitating the Mediation Process. All conversations are said to be Without Prejudice to the parties’ formal legal positions.

The Mediator will not tell the parties what to do and is present to guide the parties to a resolution of the dispute. Any agreement that is reached is determined solely by the parties.

If agreement is reached then that is recorded in writing to which both parties will add their signature to validate their consent to the terms reached. Only at this point will the agreement become binding upon the parties.

If agreement cannot be reached then the parties are at liberty to commence legal proceedings if they so wish.

Such is the emphasis given by the court upon reducing the costs associated with litigation that failure to seriously consider Mediation at an early point in any dispute may result in the court making costs orders against a party if the court takes the view that the claim could  have been resolved earlier if Mediation had been taken up.

Mediation is voluntary and you cannot be forced to submit to Mediation. However the incentives to submit to Mediation include a high resolution rate and a considerable reduction in legal costs being incurred to both parties if Mediation is successful.

Whatever is the nature of the contractual dispute, we at The Sethi Partnership enjoy a reputation for being firm but fair. We will look at your matter in its entirety to advice you upon an action plan to progress matters quickly.

Please contact Hildegard Elisabeth Rauf on 020 8866 6464 or e-mail on hildegard@sethi.co.uk who shall be pleased to discuss your matter with you.

Are you already in Dispute? Do you need a Mediator?

Ritu Sethi is accredited under the Alternative Dispute Resolution Scheme to mediate any Civil and Commercial Disputes. We have a fully qualified Mediator who will listen to both parties independently and help clients to find a solution to their otherwise costly disputes.

Mediation is a Voluntary, non-binding and without prejudice process in which a specially trained third party intervenes and attempts to bring the parties together into a settlement agreement. This is the way forward for all disputes before they reach the door of the courtroom. It is an inexpensive and a quicker way, where you gain control of resolving civil and commercial disputes.

Our Mediator is fair, impartial and provides the premises and the complete package to resolve disputes quickly and a way forward to all parties to walk away with a win-win resolution.

Ask to speak to our Mediator for our initial fees and the way forward to a resolution.

Contact by E-mail info@sethi.co.uk or telephone 0208 866 6464

Contractual Disputes Solicitors

Contractual Disputes take many different forms from unpaid bills to disputes about the builder you employ to undertake work on your property.

Set out below are some of the types of contractual disputes regularly encountered and upon which we will be able to advise and assist you. If your matter falls into one of those categories then please do not hesitate to contact us.

  • Debt Recovery – These may involve proceedings for the recovery of unpaid bills or fees for work done and services rendered. Also, we can help you with the recovery of unpaid loans.
  • Misrepresentation Claims – In circumstances where the other party has made misrepresentations to you about matters which induced you to enter into the contract and which you find to be false, you may be able to pursue a claim for misrepresentation.  Court proceedings may be commenced to recover monies paid and/or for damages for the losses you have suffered as a result of those misrepresentations.
  • Sale of Goods/ Supply of Services – we can help you recover any money you have paid for the supply of defective goods or for services which are of sub standard quality. We can send a letter before action to the other party to put your claim to them to seek compensation. In the event the other party fails to respond, we can commence court proceedings to recover your losses.
  • Franchising Agreements – If you are about to enter into a Franchising Agreement you may find the agreement, overlong and written in legalese and difficult to understand. We can provide advice in plain English so that you can easily understand the obligations that will bind you. The agreement may need simplifying and amending to avoid it being one sided and to make it fairer to all sides.
  • Shareholder Disputes, Partnership Disputes and Disputes arising out of Joint Ventures – We come across many cases where parties enter into a business with others such as in the setting up of a Company, entering into a Partnership or similar joint venture with each other without fully considering all the commercial aspects. It is only when disputes arise between them do the parties seek legal help to unravel the agreement. The Sethi Partnership Solicitors can advise you as to the best course of action to take to maximise your position and minimise your losses.
  • Professional Negligence – If you are of the view that you have not been properly advised or represented by your Solicitor or Accountant or other professional advisor then you may wish to make a claim for professional negligence. There is a defined procedure called the Pre-Action Protocol for Professional Negligence with which you will need to comply to put your complaint forward.

We can assist you to put forward your claim setting out the nature of your complaint, how your advisor was negligent and what losses you have suffered as a result of that negligence. The claim could be referred to Mediation to seek a cost effective resolution and failing that the commencement of court action.

  • Insurance Disputes – This may involve a situation where your Insurer has unfairly declined your claim taking an unfair view of the terms of the insurance policy. Complaints to the Insurance Ombudsman may not entirely resolve your complaint to your satisfaction and you may need to take our legal advice as to how to proceed.
  • Construction and Building Disputes – We can help you where your builder has undertaken construction or building works to your property which  are substandard, or not in accordance with the contract, or are overpriced or caused damage to your property. We can assist you in taking legal action to obtain recovery of your money and for the additional costs you may be put to in having the work properly carried out.

Whatever the nature of the contract we at The Sethi Partnership enjoy a reputation for being tough but approachable. We will look at your matter in its entirety to provide expert advice upon an action plan to progress matters quickly including alternative dispute resolution to avoid where possible expensive court proceedings.

Please contact Hildegard Elisabeth Rauf on 020 8866 6464 or email on hildegard@sethi.co.uk who shall be happy to discuss your matter with you and provide you with confidential sound legal advice.

 

Enquiry Form