Disputes involving property can be stressful as well as expensive and time-consuming if they are not handled quickly. Early legal intervention can often resolve issues efficiently before they escalate.

Property litigation is the resolution of property disputes using the court system. Where a disagreement has arisen and it has not been possible to resolve it amicably, it is advisable to instruct an expert commercial property solicitor who will be able to ensure that your rights and interests are protected.

They will look at the key issues in contention and advise on the various options available. Usually, the next step will be to attempt to resolve the dispute by agreement. This could be by way of negotiation or formal alternative dispute resolution proceedings such as mediation or arbitration.

It is often the case that even difficult disagreements can be resolved in this way without the need for court proceedings. As well as being quicker, this is generally more cost-effective and has the benefit that the parties’ relationship can be prevented from deteriorating further.

Negotiation

Negotiation is an informal way of trying to resolve issues. If you ask us to represent you, we will advise you honestly of the strengths and weaknesses of your case and discuss what you might realistically expect to be awarded, should the matter go to court.

We will write to the other party’s solicitor making a robust case on your behalf and enter into negotiations to try and settle the issue quickly. Once solicitors are involved, it is often the case that those involved become focused on finding a solution without further action and we are frequently able to resolve disputes at this stage.

Mediation

If negotiations are unsuccessful, then the next step is often putting the case before a neutral mediator who will work with both sides to try and help them reach an agreement. Again, this is generally quicker and easier than litigation. It also has the advantage that an unwanted result will not be imposed on you, with the outcome of mediation being one that you have agreed upon.

Arbitration

Arbitration is more formal than mediation and the process is more similar to a court hearing. The arbitrator will hear evidence and make a decision that will be binding on both parties, with any award made being enforceable by the courts.

Litigation

Where alternative dispute resolution has not been successful, a claim can be made to the court. There is a set process that must be gone through, which includes the following steps:

Pre-action protocol

The court rules require a set protocol to be followed. Before a claim is issued, an attempt should be made to settle the matter. This will involve an exchange of correspondence, including setting out the details of the claim in a letter before the claim. The relevant documents should be referenced and the letter should specify how you wish the matter to be rectified.

The other party should be given a reasonable time to respond in accordance with the pre-action protocol, which usually allows a period of 14-21 days for a reply. At this point, the parties can try and negotiate a settlement or, if this seems unlikely, take further action.

Issuing a claim

To commence a claim, a claim form is filed at court with a filing fee. It will set out the details of the claim and what the claimant wants to settle the matter, such as payment of damages.

Particulars of claim should follow, including the details of the case in full.

Reply and defence

A copy of the claim and particulars of the claim will be served on the other party, who has 14 days to acknowledge receipt. They will have the option to put forward a defence as well as a counterclaim if they wish to make a claim against you in return.

You will have the opportunity to respond to the defence and counterclaim.

The court will set out a timetable for the conduct of the case and may order disclosure of documents by a specified deadline. The case will be put on either the small claims track, fast track or multitrack.

The parties will then disclose relevant documents and witness statements in support of their case.

Hearing and judgment

A date for trial will be set, giving the parties reasonable time to exchange evidence. Following the hearing, a judgment will be made which will be enforceable, should it not be complied with.

Contact our property litigation solicitors

At Witan Solicitors, we represent clients across a wide range of property issues. We are experts in dispute resolution and are often able to resolve matters without the need for litigation.

If you need advice in respect of a property dispute, email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to help you. Our commercial property dispute solicitors are based in Birmingham, London and Northampton.