Practical Legal Advice. Personal Service.

How I can help

Whether you are bringing a claim or responding to one, I can advise and assist at every stage.

• Contractual disputesAdvice on your rights and obligations under a contract and what can be done if it has been broken.
• Money claimsBringing or defending claims for sums owed including claims issued in the County Court.
• Building disputesDisputes with builders and contractors over defective or unfinished work, delays or payment.
• Neighbour disputesDisagreements with neighbours over boundaries, access, trees, damage to property, trespass or nuisance.
• Beneficial ownership and trust issuesDisputes about who owns a beneficial interest in a property including claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
• Pre-action correspondenceLetters of claim and responses that follow the relevant pre-action rules and set out the issues clearly.
• Settlement negotiationsNegotiating a resolution (including through without prejudice discussions and mediation) where that is in your interests.
• Part 36 offersMaking, assessing and responding to formal settlement offers under Part 36 of the Civil Procedure Rules. These can have significant consequences for costs.
• ApplicationsCourt applications during proceedings (for example to extend time, set aside a judgment or obtain directions from the court).
• Enforcement of judgmentsAdvising on and taking the most suitable steps to enforce a judgment that has not been paid.
• Defending claimsResponding to a letter of claim or a court claim made against you within the deadlines that apply.
• Case review and strategyAn independent view of the strengths and weaknesses of your case and the options available to you.

Property, building and neighbour disputes

Beneficial ownership and trust of land disputes

Where a property is owned by more than one person or someone claims a share in a property held in another person's name, disputes can arise about who owns what share and whether the property should be sold. The answer can depend on the documents signed at the time of purchase (such as a declaration of trust), what was said and agreed and who contributed to the purchase and upkeep of the property.

Building disputes

Disputes with builders and contractors can arise over defective or unfinished work, delays, extra charges or payment. I can help you understand your rights under the contract and the law, gather the evidence you need (which may include a report from an independent expert) and pursue or defend a claim.

Where building work is carried out for a consumer, the Consumer Rights Act 2015 requires the trader to carry out the work with reasonable care and skill. Construction disputes are also expected to follow a specific pre-action protocol before court proceedings are issued.

Disputes between neighbours

Disputes with a neighbour can be particularly stressful because you continue to live next to each other. They may concern the position of a boundary, rights of way and access, overhanging trees or roots, damage to property, trespass or nuisance such as persistent noise. Work on or near a shared wall may also be governed by the Party Wall etc. Act 1996.

I can advise on your legal position and the options available to you. Where possible, resolving matters through correspondence or mediation is often quicker and less costly than going to court.

Negligence claims

Negligence is a failure to take the care that the law requires which causes someone else loss or damage. To bring a claim it generally needs to be shown that:

• the other party owed you a duty to take reasonable care
• they failed to meet the standard of care expected of them
• their failure caused you loss or damage that the law recognises

Negligence claims can arise in many situations (for example poor-quality building work or damage to property). I will review the facts and the available evidence with you and explain whether you have a realistic claim or how to respond if a claim has been made against you.

Strict time limits apply. In many negligence claims the limit is six years from when the damage occurred, although different rules can apply (for example where the damage was not discovered until later).

Before court: the pre-action stage

Most civil disputes are expected to follow a pre-action process before court proceedings are issued. This usually involves exchanging letters that set out each side's position and key documents and considering whether the dispute can be resolved without going to court.

The courts expect parties to act reasonably at this stage and they can take unreasonable conduct into account when deciding who should pay legal costs. Getting this stage right often puts you in a stronger position and many disputes settle here.

If court proceedings are needed

If a dispute cannot be resolved, I can advise on issuing or defending a claim, prepare the necessary court documents and guide you through each stage including statements of case, disclosure of documents, witness statements and preparation for hearings.

I will explain what to expect at each step and the likely costs before it happens.

Costs and risks

Litigation can be expensive and no outcome can ever be guaranteed. I will give you a realistic assessment of your position, the likely costs and the risk of being ordered to pay the other side's costs if you are unsuccessful so that you can decide whether pursuing or defending a claim is proportionate to what is at stake.

Read about fees, costs and funding

a. Children

Child arrangements and contact matters

When parents separate, the arrangements for their children are usually the most important and often the most emotional decisions to be made. I can help you understand your options and work towards arrangements that are in your children's best interests.

Where a child lives and time with each parent

Child arrangements cover where a child lives as well as when and how they spend time with each parent. This may include regular time, overnight stays, holidays, special occasions and indirect contact such as phone or video calls. Where it is safe to do so, it is usually best for parents to agree these arrangements between themselves with support such as mediation if needed.

Child Arrangements Orders

If agreement cannot be reached, a parent can apply to the Family Court for a Child Arrangements Order. The order sets out who a child is to live with, spend time with or otherwise have contact with. Other family members (such as grandparents) may also be able to apply (sometimes with the court's permission first).

When making any decision about a child's upbringing, the court's paramount consideration is the child's welfare.

Family Court applications

An application for a Child Arrangements Order is usually made using form C100. The process normally includes safeguarding checks by Cafcass (or Cafcass Cymru in Wales), a first hearing at which the court tries to narrow the issues and help parents reach agreement and further hearings if needed. The process can vary between court areas. I can help you prepare the application or respond to an application made by the other parent and guide you through each stage.

The MIAM process and exemptions

Before applying to court, you will usually need to attend a Mediation Information and Assessment Meeting (MIAM) with an accredited family mediator. The MIAM explains how mediation and other ways of resolving matters outside court could work for you.

Some people are exempt from attending a MIAM. Exemptions include situations where there is evidence of domestic abuse, where there are child protection concerns, where the application is urgent or where you have attended a MIAM recently. I can advise whether an exemption may apply to you.

b. Divorce

Divorce

Deciding to end a marriage is rarely easy. I can guide you calmly through the legal process, explain each step and help you focus on the decisions that matter most for you and your family.

Divorce in England and Wales is now “no fault”. You do not need to blame your spouse or show a period of separation. You can apply on your own or jointly with your spouse to confirm that the marriage has broken down irretrievably. The same process applies to ending a civil partnership.

• There is a minimum period of 20 weeks between the start of proceedings and applying for the conditional order.
• You must then wait at least six weeks and one day before applying for the final order (which legally ends the marriage).

A divorce ends the marriage, but it does not automatically deal with financial matters. It is often sensible to take advice about your finances before the final order is made.

c. Finances

Financial dispute resolution

When a marriage or civil partnership ends, decisions need to be made about the family home, savings, pensions, debts and ongoing maintenance. My aim is to help you reach an arrangement that is fair, workable and wherever possible agreed.

Many couples reach agreement through negotiation or mediation. An agreement can be made legally binding by a consent order approved by the court. If agreement cannot be reached, either person can apply to the court for a financial order. These proceedings usually involve:

• full and frank financial disclosure by both parties (usually using Form E)
• a First Appointment where the court identifies the issues and sets a timetable
• a Financial Dispute Resolution (FDR) appointment where a judge helps the parties try to reach a settlement

I can help with financial disclosure, negotiation, consent orders and preparing for each stage. Every family's circumstances are different and no particular outcome can be promised, but I will always give you a realistic view of your options.