Disputes & Claims

Litigation Services

Disputes appear in many areas of life: family, home, workplace and professional services. Our litigation solicitors have many years of experience with civil and commercial disputes. Our team can help you get through this challenging time.

At Burt Brill & Cardens, our compassionate team is dedicated to guiding you through disputes calmly and strategically. We explore mediation, negotiation and tailored solutions to resolve issues efficiently, working closely with you to find the best path forward while aiming to avoid the stress of court proceedings whenever possible.

How We Can Help You

Our experienced dispute resolution solicitors are ready to handle your disputes with care and expertise across a range of legal areas, including civil, commercial and professional, landlord and tenant agreements and Trust disputes. We specialise in and have many years of experience contesting Wills, disputes over jointly owned property and TOLATA claims. Visit our dedicated pages to learn how we can assist with your specific dispute. 

Daisy Tester

Daisy is Head of Contentious Probate and Estates and deals with disputed Wills and Estates and TOLATA disputes about jointly owned property.

Read More About Daisy
Our Expertise

How Our Dispute Resolution Solicitors Can Help

Our Litigation Services

Disputes appear in many areas of life. They can relate to your family, home, workplace, or professional services. Our litigation solicitors can help with both civil and commercial disputes.

Disputing a Will

Contesting a Will is never easy. It often comes at a time of grief, when emotions are running high and family relationships may already be under strain. The situation can be made much worse if you feel you weren’t left what you thought you deserved in the Will or that the person who died made the Will under undue influence. 

Get in touch to discuss your options for disputing a Will.

What Is a TOLATA Claim?

Pursuing a Trusts of Land and Appointment of Trustees Act (TOLATA) claim can feel overwhelming, so clarifying the process and required documents is essential to securing a fair outcome and protecting your share in jointly-owned assets. Our experienced team is here to guide you through every step, ensuring you understand your rights and options along the way.

Professional Negligence Claims

Sometimes, professionals you’ve hired make mistakes that have a negative impact on you and your affairs. This can be classed as professional negligence. If you have been let down by a professional such as an architect, accountant, lawyer or other professional, we may be able to help you claim compensation for your loss.

About Burt Brill & Cardens

Trusted Sussex solicitors for over 130 years

Our team includes specialists in a number of legal areas, providing you with the expertise you need when you need it most. Whatever your legal issue, we will take the time to understand your situation and tailor our service to meet your needs.

Disputes and Litigation: Frequently Asked Questions

Can I settle a dispute without going to court?

Yes. Courts and solicitors will encourage alternative dispute resolution (ADR), such as mediation, arbitration or negotiation, to avoid lengthy and costly litigation. A dispute resolution solicitor will try to get you a settlement before resorting to court, which is the ideal outcome for many cases. 

How does litigation work?

Litigation in the UK is the legal process of resolving disputes through the courts. It involves several key stages, from pre-action negotiations to court proceedings and, if necessary, enforcement of a judgment. Before starting formal court proceedings, parties are encouraged to try to resolve disputes through negotiation, mediation or other alternative dispute resolution (ADR) methods. The Pre-Action Protocols set out by the Civil Procedure Rules (CPR) require parties to exchange information and attempt settlement before filing a claim.

When should I consider litigation?

Litigation is considered when negotiation and ADR (such as mediation) fail to resolve the dispute. It is best suited for cases with a strong legal basis for a claim and financial or reputational stakes justify the time and costs involved. We will look at both options and discuss which is best for your case.

What are Will and Probate disputes?

These claims can arise if the validity of a Will is disputed, someone believes they were not properly provided for or if there are disputes about the conduct of a beneficiary or the executors. It is important these disputes are properly handled as the delays they cause and the consequences can be severe.

What are contract law disputes?

Contract law disputes arise when one or more parties fail to honour the terms of a legally binding agreement. These disputes may involve breach of contract, misrepresentation or disagreements over contract terms. Common examples include business contracts, service agreements and employment contracts. Resolving these disputes may involve negotiation, mediation or court action.

What are negligence claims?

Negligence claims occur when someone suffers loss, injury or damage due to another party’s failure to exercise reasonable care. These claims commonly arise in personal injury cases, medical malpractice and professional negligence, such as accountants or solicitors providing incorrect advice. To succeed, the claimant must prove duty of care, breach of duty and resulting harm.

How much does litigation cost?

Costs depend on factors like case complexity, legal fees, court fees and expert reports. Some cases may be handled on a fixed fee, hourly rate or no-win, no-fee basis (conditional fee agreements). During your consultation, we will discuss how our fees work.

What are property disputes?

Property disputes involve conflicts over ownership, boundaries, leases or rights to use land or property. These disputes can arise between landlords and tenants, neighbours or property co-owners. Examples include eviction disputes, TOLATA claims, planning permission issues and disagreements over property sales. Legal resolution may involve negotiation, mediation or litigation.

What if a claim is brought against me?

If you are an executor or a trustee, or an owner of property and a claim is brought against you, then we can help. Being an Executor or trustee is a fiduciary position with many legal obligations. If you are in this position, you need expert advice to resolve the issue. Otherwise, you can remain personally liable for the rest of your life. 

What happens if I lose my case?

If you lose, you may be required to pay the other party’s legal costs, particularly in higher-value cases. To reduce risk, litigation funding or insurance options may be available.

What is the role of a solicitor in litigation?

A litigation solicitor advises on legal strategy, negotiates settlements, prepares court documents, gathers evidence and represents clients in court proceedings. No matter the type of litigation you need help with, having a solicitor by your side is crucial to getting results. Contact our expert team to see if you have a good litigation claim or if a claim has been brought against you. Ring us on 01273 604 123, email us at enquire@bbc-law.co.uk, or make an enquiry.

Extremely helpful and professional and took a huge amount of stress away by dealing with my case very quickly and efficiently. I was given constant updates and was informed of any developments.
Our services

Our legal services areas

Wills, Trust & Probate

Secure your family’s future with our thorough estate planning services.

Our dedicated Wills, Trusts & Probate team manages everything from drafting your Will to guiding executors through their duties. As expert solicitors in Brighton and Sussex, we provide personalised support to ensure your wishes are clearly defined and legally sound.

Property

Moving home, extending a lease, or setting up a business?

Our expert property solicitors in Brighton provide high-quality, essential services for all your property needs. Whether you’re dealing with residential or commercial property, our solicitors in Sussex offer the expertise and support necessary to navigate your property transactions smoothly.

Dispute Resolution

Are you involved in a dispute or received negligent advice?

Our PLNA-accredited Dispute Resolution & Mediation team has extensive experience in achieving favourable outcomes for our clients. As top solicitors in Brighton and Sussex, we are dedicated to providing effective and dependable legal solutions.

Contact

Get in touch

Speak to one of our solicitors today. We would love to hear from you and discuss any legal issues you may have and how we can assist you.

Find Us

30 Old Steine, Brighton, BN1 1FL