Dispute Resolution

Disputes are never good for business or professional relationships.

That’s why we aim to resolve the disputes you may encounter as quickly as they appear and as cost-effectively as time can afford.

Solicitors since 1892

What We Offer

Our astute and skilled Dispute Resolutions team are adept at understanding and resolving disputes quickly and efficiently. 

If a settlement cannot be reached, we provide practical and commercial advice taking into account the risks, the value of the claim and the costs which you may incur.

Contract Disputes including Mortgages, Guarantees and Consumer Credit

When one party does not comply with its obligations under a contract, this can negatively impact the running of the contract as well as the goods/services that will be provided.

Sometimes this means the contract is no longer workable. Your options including the termination of this contract should be carefully considered.

We can help by advising you on how valid the laws of the contract are, your rights and obligations and offer any remedies available.

Professional Negligence

You may have obtained professional advice, which you later found out was insufficient or inaccurate when compared to the expected industry standards. Such circumstances can result in a loss, which you may be able to recover from that professional.  This may include work undertaken by:

– Accountants
– Lawyers (solicitors and barristers)
– Surveyors and valuers
– Insolvency practitioners

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Shareholder and Partnership Disputes

Unfortunately, in business, disputes between shareholders and partners can occur. Examples of these disputes may relate to the running of the business, finances, management or simply due to a difference of personality.

Once a dispute occurs, it is important to manage it as early as possible, especially in order to avoid any negative consequences for the business.

Solutions may include:

– Formalising shareholder or partnership arrangements and agreements and putting employment contracts in place, where required
– Considering a sale of the business
– Dissolving the business
– Court proceedings

Commercial Landlord and Tenant Disputes

We act on behalf of Tenants, Landlords and managing agents with regards to:

– Breaches of the Lease
– Dilapidations (the repairs the tenant is responsible for the undertaking before vacating their property rental)
– Unpaid rent and service charges

– Forfeiture proceedings (when a landlord can re-enter their property following a breach by the tenant)
– Section 25 Notices and Court proceedings regarding the termination of a Lease or Lease renewal

Residential Landlord and Tenant Disputes and Possession Proceedings

We act for Tenants, Landlords and managing agents in cases of:

– Breaches of the agreement (Assured Shorthold Tenancy or Long Lease)
– Dilapidations (the repairs the tenant is responsible for undertaking before vacating their property rental)
– Unpaid rent and service charges
– Possession proceedings
– Vesting Orders (related to Lease Extensions and Enfranchisement)
– First Tier Tribunal Applications (related to breaches of a Lease, service charge determinations and valuations for Lease extensions and enfranchisements)

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Land Law (Trusts/ Easements/ Boundaries/ Restrictive Covenants)

Any provisions that you want to rely on should normally be set out in your legal documents including a Deed, Transfer of Property, Conveyance or the legal title documentation.

But what if it is not, the circumstances have changed or the legal documents are unclear?

It is important to assess all of the documentation you and other parties have including the Land Registry so that you can identify your legal position.

Contested Probate

Disputes can arise where a party feels they have been unfairly removed as the beneficiary of an estate. Arguments tend to involve disputes over the mental and legal capacity of the deceased and the question of excessive influence over the deceased.

The success of such arguments will depend on the evidence given, which can then be used to establish the position.

Debt Recovery

Outstanding invoices can have a large impact on a business and its cash flow.

As a result, we recommend that you have a good credit control policy in place and engage with your customers with regard to payment.  If payments remain unforthcoming, court proceedings may be the only course to take.

Construction Disputes

The construction industry includes a number of levels of services, from planning architects, construction architects, building contractors and subcontractors.

Given the different levels of involvement, there is a lot of scope for things to go wrong. First off, it is important to know who you have contracted with, as well as identifying where the problem has occurred.

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We are asked to act on behalf of policyholders against insurers who refuse to pay out for their claims properly, if at all.

Often an insurer’s refusal to pay is for alleged misrepresentation or a non-disclosure made when the insurance was proposed. Sometimes it may be for alleged fraud by a policyholder, or for other reasons.

We can assist with all of these instances with our in-depth knowledge of how the insurance industry works, its policy terms and conditions and our in-depth knowledge of insurance law.

Personal Injury

We will try to obtain the best settlement possible for you in all circumstances.

However, although the law generally allows you three years from the date of an accident to make a claim, time can pass quickly. Also when recovery/rehabilitation time is factored in, there may be a lot to do in advance of the negotiation and preparation of a claim. We have access to experts in all medical fields such as orthopedics, neurology and psychiatry to assess your injuries.

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Sale of Goods

If you have purchased items which are then found to be defective (eg motor vehicles or household goods), whether purchasing on credit or otherwise, we can assist you in rectifying this problem with the seller.

Criminal Defence

From the initial police interview through to your plea hearing, trial and any appeal, we can act on your behalf. We will consider your case, advise you and prepare your defense, obtain witness statements, take all other necessary steps and attend court with you too.


In circumstances where an individual or a business is unable to meet its debts and repay the money that is owed, a Court Order may be required to determine its insolvency. An Official Receiver or Insolvency Practitioner may also need to be appointed to take control of the insolvent’s assets to ensure its creditors are paid. 

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In Touch

We look forward to discussing how Tolhurst Fisher can help you or your business.

Solicitors since 1892
01702 352 511
Mid Essex:
01245 495 111