Litigation & Dispute Resolution

Litigation and dispute resolution services from our litigation solicitors

Access a pragmatic and commercial approach to problem solving with our dispute resolution services. Our litigation solicitors represent corporate and individual clients in everything from large commercial actions to smaller personal disputes.

Trusted approach

Horsey Lightly has an established and successful litigation and dispute resolution team. Our focus is to resolve a broad range of legal disputes encountered by business clients and private individuals. Whether you are pursuing conventional court proceedings or an alternative dispute resolution, we can help.

Areas of expertise

Our areas of expertise include property litigation, landlord and tenant, commercial litigation, employment disputes with restraint of trade and confidentiality, building and construction disputes, inheritance issues, and contested probate and wills. Frequently, we advise on a range of other issues including breach of contract, negligence claims and intellectual property disputes. In addition, our litigation solicitors in London and Newbury act for a number of insolvency practitioners across the UK.

Negotiating success

Sometimes court action is not the best way forward and we seek an alternative method of dispute resolution. Often, we can successfully resolve disputes by negotiation – or simply by persuading the other party that they are wrong. Methods such as mediation or arbitration can provide a cost-effective means of resolving disputes, eliminating any need to go to court. In each case, we will tailor the method of resolution to the needs and wishes of our client.

How we can help

Explore the range of dispute resolution services we offer, and understand how our people can support you:

Property Litigation for landlords and tenants

  • Ensuring that landlord clients can continue to receive an income stream from their property assets (residential or commercial) in the face of tenant problems and difficulties in the economic climate.
  • Advising tenant clients on their remedies against their landlords for breach of the landlord’s covenants and on service charge disputes.
  • Obtaining and defending possession of commercial and residential properties making use of the Court’s accelerated procedures where available.
  • Optimising outcomes for landlords on various forms of (commercial) tenant insolvency (CVA, administration, liquidation).
  • Resolving issues arising out of the renewal of commercial leases and dilapidation claims.
  • Dealing with problems relating to rights of way and other easements (whether asserted or contested).
  • In urgent cases, protecting the interests of clients by applying to the court for emergency injunctions.

Commercial Litigation

  • Assisting in the resolution of disputes between suppliers and their customers.
  • Advising on breaches of contract.
  • Pursuing claims for damages, specific performance and injunctive relief.
  • Guiding employers or employees through restraint of trade disputes

Employment Disputes

  • Acting on behalf of employers. Visit our page on employment law>>
  • Acting on behalf of employees. Visit our page on employment rights>>

Construction Disputes

  • Assisting the resolution of disputes relating to both completed and uncompleted projects (principally substantial domestic building projects).
  • Optimising the outcome where there has been a breakdown in the relationship between contractor and customer (and/or contract supervisor).
  • Optimising the outcome for the customer in the event of contractor insolvency.

Contested Trusts and Probate

  • Clear, concise assistance to executors and beneficiaries where the provisions of a will are disputed (Inheritance Act claims) or where the validity of the will itself is contested (Contested Probate).
  • Representation on behalf of beneficiaries or disappointed family members/dependants.

Debt Recovery

  • Effective recovery of substantial sums owed to commercial clients and individuals.

Our litigation team work closely with our business solicitors and commercial property solicitors as your case requires.

 Undisputed business debt claims 

The table below is intended to assist small businesses as a guide to the likely legal costs involved in pursuing an unpaid business debt. The table of costs applies: 

  • To business to business debts (i.e. not to debts owed by private individuals or sole traders because different procedures and time scales apply as to which please click here to see the prescribed Protocol) 
  • Where the debt is not in dispute.
Debt Value Court Fee Our Fee VAT Total
Up to £5,000 £25 - £185 £400 £80 £505 - £665
£5,001 - £10,000 £410 £490 £98 £998
£10,001 - £100,000 4.5% of the value of
the debt claim (e.g. 
for a claim worth 
£30,000, the court
fee is £1,350
From £500 - £4,500 £100 - £900 Dependant on the 
Court fee payable
Please note the following: 

  • If claiming interest in addition to the debt this may take the claim into a higher banding with higher court fees and costs. 
  • Usually, only the court fee and nominal fixed costs can be claimed against the debtor as part of the judgment debt. 
Our fees include: 

  • Taking your instructions;
  • Preparing and sending a formal Letter of Claim to the debtor 
  • Receiving payment and accounting to you; alternatively, if the debt is not paid, drafting and issuing the claim form at court. 
  • Applying for judgment in default of Acknowledgement of Service or Defence. 
If the debtor disputes the whole or any part of your claim, we shall advise you as to any further steps that you should take and we will provide you with a further costs estimate calculated by reference to the hourly rate of the member of our team dealing with your matter. 

Timescales 

We would usually expect to send the formal Letter of Claim to the debtor within - 2/3 working days of your instructions. The Letter of Claim would allow the debtor 5 - 7 days to make payment in full. If payment is not made, we would issue the court claim on your behalf usually within two working days of your instructions to proceed and payment to us of the court fee. The debtor is allowed 14 days from the deemed date of service by the court of the claim form in which to file an Acknowledgement of Service  in default of which we would enter  judgment against the debtor. If the debtor files an Acknowledgment of Service but does not file a Defence within 14 days thereafter (i.e. 28 days from the deemed date of service), we would enter judgment in default of Defence. 

If the debtor does not satisfy the judgment, we can advise you on the best method of enforcement e.g. bailiffs, to collect the debt. We shall provide you with an estimate of the enforcement costs at that stage.

The Litigation & Dispute Resolution Team

Katie Harris
Katie Harris

Legal Executive