Bromley Solicitors

Bromley Litigation and Disputes FAQs

Will I have to go to court to win my case?

It entirely depends on the nature of your claim, whether it raises any contentious issues and the attitude of the other side.  Many claims, particular negligence claims, can be settled out of court, especially if you have a strong paper claim, as it is cheaper, quicker and easier for both parties.  The challenge in an out of court settlement may lie in extracting the right amount of compensation to properly compensate you for your loss.  Where the insurer is not prepared to budge, you might have to go to court.

What is a Conditional Fee Agreement?

CFAs are commonly referred to as no win no fee agreements.  At a basic level, you will not have to pay any legal costs if your case is lost.  Whilst you can technically be asked to pay your legal costs if you do win, in practice the legal costs will be recovered from the other side meaning you will not be required to pay anything at all.  Depending on the merits of your case, it could be possible to settle out of court.  However, if there is a potentially contentious issue, it could go to court and you could be liable for your costs if you do not win.  Nevertheless, it is common for insurance providers to cover legal costs in these circumstances, so always double check.  If you do not have appropriate cover, you can take out a one-off policy which will protect you.

My landlord has been coming to the property I am renting and has been threatening me with eviction and has even tried to evict me himself.  Is this allowed?

It is actually a criminal offence for a landlord to try and physically evict you, so this is a matter you should report to the police.  Only bailiffs are allowed to physically evict tenants after a court order has been issued.

My employer is denying me certain employment rights.  What can I do about it?

You should try and use any internal procedures in place to resolve your issue.  If this doesn’t do anything, you should seek legal advice from a solicitor to assess the strength of your claim.  If you have a strong claim, you could take your employer to an employment tribunal or enter into mediation or arbitration through the Arbitration, Conciliation, Advisory Service (ACAS).

My neighbour’s tree is blocking out the sunlight in my living room.  What can I do about it?

All disputes with neighbour’s should be handled with care.  If you should try and talk to your neighbour first.  If this proves fruitless, then you can seek legal advice.  Plainly stated, there is no right to light in English law.  However, you are allowed to cut down branches hanging over your land, so long as you do not damage the tree and return the branches to you neighbour, otherwise your neighbour will be able to claim damages against you.  You should also check whether there is a conservation order in the area for the particular trees that cause you problems.  If you have lived in the property for some length of time and have enjoyed uninterrupted access to light in your living room for 20 years or more, you have a possible legal claim.  Always remember to approach neighbour disputes with care.  You do not want to start a war with your neighbour or resort to trespassing on your neighbour’s property because you could be charged with a criminal offence.