Dispute Resolution Archives - Franklins Solicitors https://www.franklins-sols.co.uk/faq_category/dispute-resolution/ Fri, 27 Mar 2026 16:27:23 +0000 en-GB hourly 1 https://wordpress.org/?v=6.9.4 Do all contract disputes have to go to court? https://www.franklins-sols.co.uk/insights/faqs/do-all-contract-disputes-have-to-go-to-court/ Tue, 24 Feb 2026 16:19:10 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10319 No. Many contract disputes are resolved before court by negotiation or mediation, which can be quicker, less formal and more cost-effective. If court proceedings become necessary, we will support you throughout the process, from drafting pleadings to representation and enforcing any judgment. We help you weigh the benefits and risks of each route so you [...]

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]]> No. Many contract disputes are resolved before court by negotiation or mediation, which can be quicker, less formal and more cost-effective. If court proceedings become necessary, we will support you throughout the process, from drafting pleadings to representation and enforcing any judgment. We help you weigh the benefits and risks of each route so you can make informed decisions.

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]]> Can I cancel a contract if the other party has clearly failed to perform? https://www.franklins-sols.co.uk/insights/faqs/can-i-cancel-a-contract-if-the-other-party-has-clearly-failed-to-perform/ Tue, 24 Feb 2026 16:18:50 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10317 Yes. Where a breach is fundamental - meaning it goes to the heart of the contract - you may be entitled to terminate the agreement and seek damages. Whether a breach is fundamental depends on the terms of the contract and the impact of the breach. We can review your contract and advise whether you [...]

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]]> Yes. Where a breach is fundamental – meaning it goes to the heart of the contract – you may be entitled to terminate the agreement and seek damages. Whether a breach is fundamental depends on the terms of the contract and the impact of the breach. We can review your contract and advise whether you have the right to end the agreement and how best to proceed.

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]]> What happens if one party becomes insolvent? https://www.franklins-sols.co.uk/insights/faqs/what-happens-if-one-party-becomes-insolvent/ Tue, 24 Feb 2026 16:18:31 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10315 If a party to a contract becomes insolvent, it can affect your ability to recover money or enforce obligations. Insolvency may mean dealing with an appointed administrator, liquidator or trustee and potential prioritisation of creditors. We can advise on your status as a creditor, filing claims correctly and exploring whether any contractual protections, such as [...]

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]]> If a party to a contract becomes insolvent, it can affect your ability to recover money or enforce obligations. Insolvency may mean dealing with an appointed administrator, liquidator or trustee and potential prioritisation of creditors. We can advise on your status as a creditor, filing claims correctly and exploring whether any contractual protections, such as retention of title or guarantees, can improve your position.

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]]> What remedies are available for a breach of contract? https://www.franklins-sols.co.uk/insights/faqs/what-remedies-are-available-for-a-breach-of-contract/ Tue, 24 Feb 2026 16:18:04 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10313 The main remedies include financial compensation (damages) to put you in the position you would have been in had the contract been performed, specific performance, which is a court order requiring the other party to fulfil their obligations, and declarations or injunctions in appropriate cases. We will explain which remedies are most likely to help [...]

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]]> The main remedies include financial compensation (damages) to put you in the position you would have been in had the contract been performed, specific performance, which is a court order requiring the other party to fulfil their obligations, and declarations or injunctions in appropriate cases. We will explain which remedies are most likely to help in your situation and why.

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]]> How long do I have to dispute a contract or enforce a breach of contract? https://www.franklins-sols.co.uk/insights/faqs/how-long-do-i-have-to-dispute-a-contract-or-enforce-a-breach-of-contract/ Tue, 24 Feb 2026 16:17:45 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10311 In general, you have six years from the date of the breach to bring a claim in the County Court for most personal contract disputes. There are exceptions depending on the type of contract and specific circumstances, so early advice is important. We can guide you on time limits and ensure your claim is issued [...]

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]]> In general, you have six years from the date of the breach to bring a claim in the County Court for most personal contract disputes. There are exceptions depending on the type of contract and specific circumstances, so early advice is important. We can guide you on time limits and ensure your claim is issued in good time to protect your legal rights.

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]]> How can I resolve a breach of contract? https://www.franklins-sols.co.uk/insights/faqs/how-can-i-resolve-a-breach-of-contract/ Tue, 24 Feb 2026 16:17:10 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10309 Resolving a breach of contract often starts with a careful review of the agreement and the actions of each party. Many disputes can be settled through direct negotiation or alternative dispute resolution such as mediation. If these steps do not resolve the issue, we can advise you on issuing a formal letter before claim and, [...]

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]]> Resolving a breach of contract often starts with a careful review of the agreement and the actions of each party. Many disputes can be settled through direct negotiation or alternative dispute resolution such as mediation. If these steps do not resolve the issue, we can advise you on issuing a formal letter before claim and, if necessary, commencing court proceedings to enforce your rights. Our aim is to help you achieve the best possible outcome with minimum stress and cost.

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]]> How do Pre-Action Protocols affect property disputes? https://www.franklins-sols.co.uk/insights/faqs/how-do-pre-action-protocols-affect-property-disputes/ Thu, 04 Sep 2025 10:03:26 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=7053 Pre-Action Protocols set out the steps that should be taken before issuing a court claim. They encourage parties to attempt to resolve the dispute early, clarify each party’s position and evidence and identify key issues before litigation. Courts consider compliance with these protocols when managing cases and failure to follow them can influence costs and [...]

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]]> Pre-Action Protocols set out the steps that should be taken before issuing a court claim. They encourage parties to attempt to resolve the dispute early, clarify each party’s position and evidence and identify key issues before litigation. Courts consider compliance with these protocols when managing cases and failure to follow them can influence costs and case outcomes.

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]]> What is the role of mediation or Alternative Dispute Resolution (ADR) in TOLATA disputes? https://www.franklins-sols.co.uk/insights/faqs/what-is-the-role-of-mediation-or-alternative-dispute-resolution-adr-in-tolata-disputes/ Thu, 04 Sep 2025 10:03:10 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=7051 Mediation and ADR provide a structured, less adversarial approach to resolving disputes outside of court. These processes often lead to faster, lower-cost resolutions, help maintain relationships between co-owners and allow parties to reach mutually agreed outcomes with the guidance of a neutral mediator.

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]]> Mediation and ADR provide a structured, less adversarial approach to resolving disputes outside of court. These processes often lead to faster, lower-cost resolutions, help maintain relationships between co-owners and allow parties to reach mutually agreed outcomes with the guidance of a neutral mediator.

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]]> How can co-owners protect their property rights? https://www.franklins-sols.co.uk/insights/faqs/how-can-co-owners-protect-their-property-rights/ Thu, 04 Sep 2025 10:02:52 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=7049 Co-owners can protect their interests by reviewing and understanding property deeds and trust agreements, maintaining records of contributions to the property, seeking legal advice before making major decisions and using TOLATA claims to formally request a sale, division of proceeds, or other resolutions when disputes arise. Mediation is also a useful option to resolve disagreements before [...]

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]]> Co-owners can protect their interests by reviewing and understanding property deeds and trust agreements, maintaining records of contributions to the property, seeking legal advice before making major decisions and using TOLATA claims to formally request a sale, division of proceeds, or other resolutions when disputes arise. Mediation is also a useful option to resolve disagreements before initiating court proceedings.

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]]> Who can bring a TOLATA claim? https://www.franklins-sols.co.uk/insights/faqs/who-can-bring-a-tolata-claim/ Thu, 04 Sep 2025 10:02:34 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=7047 A claim can be brought by individual co-owners, trustees of land under a trust, family members or common law partners with a legitimate interest in the property and beneficiaries of a trust whose rights may be affected by decisions regarding the land.

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]]> A claim can be brought by individual co-owners, trustees of land under a trust, family members or common law partners with a legitimate interest in the property and beneficiaries of a trust whose rights may be affected by decisions regarding the land.

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