Dispute Resolution
Montreal Convention Claims
The Montreal Convention governs liability on the international carriage of passengers and goods by air. The Convention, adopted in 1999, ammended provisions of the Warsaw Convention's regime, which concerned compensating victims of aircraft disasters. The legislation introduced strict liability for air carriers. Passengers consequently benefit from fairer compensation and greater protection.
The liability of airlines is however restricted; the convention permits remedy only in cases where an 'accident' has occured. This requirement seeks to provide an appropriate balance between enabling passengers to claim compensation and the promotion of growth of the airline industry, by limiting the circumstances under which a passanger can claim compensation.
Article 17 of the Montreal Convention states that 'the carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition that the accident which caused the death or injury took place on board the aircraft or in the course of the operations of embarking ot disembarking.'
Three separate requirements must be met in order to establish liability:
1) the passenger must suffer a bodily injury
2) the bodily injury must be caused by the accident
3) the accident must take place on board the air craft or in the process of embarking or disembarking
What is an 'accident' (for the purposes of the Montreal Convention)?
In Labbadia v Alitalia (Societa Aerea Italiana SpA) (2019) the court affirmed that the essential components of an accident can be determined by consideration of whether there was an event, whether that event was unusual, unexpected or untoward from the claimant's perspectve and whether the event was external to the claimant. These components could be proved in the case of Labbadia v Alitalia, involving the claimant's fall down aircraft steps upon disembarking due to the surfaces being covered in snow. It was held that the absence of a canopy in the presence of snow was not part of the 'normal operation of the aircraft' and was therefore unexpected and unforseen. Such criteria, in Barclay v British Airways Plc (2009) however, resulted in the claimants unsuccessful attempt in seeking compensation for her injuries following a slip on a plastic strip embedded in the floor of the aircraft since it was not a distinct event which was not part of the usual operation of the aircrafts and had not occurred independently of anything she had done.
Some examples of accidents include the following:
- food poisoning by airline food
- spilling of hot food or drink by an airline staff member
- a defective seat
- an assault by another passenger on board the aircraft
- an air crash
There is a two-tiered system of liability for the death or bodily injury to an aircraft passenger. The first tier considers claims of up to 100,000 SDRs, and is based on strict liability. This cannot be reduced except if the claimant is contributory negligent to their injury. The second tier considers claims in excess of 100,000 SDRs and is unlimited in amount (but is fault-based). The burden of proof in these cases is shifted to the airline, to establish that the damage was not due to their negligence or any wrongful act or omission.
The Montreal Convention thus seeks to provide equitable compensation for death or injury to passengers and damages to baggage or cargo that occur on international air carriage. The convention provides the benefit or fair compensation and legal certainty and consistency for airlines conducting international carriage by air.
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Our Personal Injury Team
Accidents at Work
Our legal team has a wealth of experience in assisting claimants who have had an accident at their workplace to get their lives back on track. It may be possible for you to proceed with a claim on a no win, no fee basis as with other personal injury claims. Please complete and return our Personal Injury Questionnaire and we will quickly provide you with a free initial assessment of your case.
An employer has a legal duty to all of his employees to comply with all of the applicable health and safety regulations. This is to ensure that the work environment is safe for those who work there. The duty also takes into account the worsening of any existing conditions an employee may have, which is attributable to the workplace. Even when the accident may have been caused by a fellow colleague, it is ultimately the employer who has the responsibility to protect you from being harmed through vicarious liability.
However, when these regulations are not followed and an accident occurs due to defective equipment, unsafe working practices, inadequate risk assessments or even a combination of these, serious injuries can result from an employer's negligence. It is when these accidents occur, that we step in and guide you towards obtaining the compensation you rightfully deserve for the harm you have suffered. The compensation will vary as it is dependent on how serious the injury is. Understandably, an injury at work can be very distressing and you deserve to be able to move on with your life.
Please contact us today for a free no obligation telephone discussion by calling either our London or High Wycombe offices on the telephone numbers referred to at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it..
Our Personal Injury Team
Road Traffic Accidents (RTAs)
It is important to remember that claims in a road traffic accident are not restricted to the drivers in an altercation but extend to any person who is injured by the accident, including bystanders. So even if you initially thought you would not have a claim, it is likely that you will as an injured pedestrian. The only limitation is that you have 3 years from an accident to make a claim for it, so it is recommended that you do not hesitate to contact us promptly if you are unsure about whether you have been in an accident. Additionally, there are many types of accidents that you may progress with a claim for ranging from car accidents to motorcyclist accidents and even cyclist related accidents.
We aim to get you the compensation you deserve for the harm you have suffered because we understand how upsetting an accident is and how it can put your life on hold. To help you move on, we will assist you through the process. The amount of compensation you will obtain will depend on the severity of the injury you have suffered. We are here for you through every step of the way.
Our personal injury lawyers can be contacted today for a free no obligation discussion by calling either our London or High Wycombe offices on the telephone numbers listed at the top of the page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Our Personal Injury Team
Partnership Disputes
Partnership disputes may arise for a variety of reasons:
- Breach of partnership agreement
- Breakdown in your professional relationship
- Partner misconduct
- Disagreement over the overall direction and running of the partnership
- General partnership management
Partnership Agreement
Ideally, your partnership agreement should determine what happens in the event of a dispute. Where there is a partnership agreement, that agreement will hopefully be comprehensive and well thought out, so as to provide a remedy for the dispute.
However, if your partnership agreement does not provide for disputes, the Partnership Act 1980 provides rules for the mutual rights and duties of partners. This Act will often apply in absence of partnership agreements or will ‘fill in the gaps’ of existing agreements.
In circumstances where a partner has breached the partnership agreement, the innocent party may at that stage have an action for breach of contract. A good partnership agreement will also generally have a mechanism for when a partner can be removed and what happens to his or her share of partnership assets and possibly debts. Provisions may also include the ability for a partner or partners to be bought out by remaining partners.
With or without a Partnership Agreement
Alternative dispute resolution methods are strongly advised before conducting court proceedings in relation to a dispute. We will always consider alternative dispute resolution methods such as negotiation and mediation first, as these are quicker and cheaper than going to Court.
Our lawyers are highly experienced negotiators with experience in mediation, arbitration and adjudication. We have achieved results for our clients which often would not be achieved following lengthy litigation and allows for a better prospect of relationships being preserved.
We can help you get the best result for your business. Please contact us today for a free no obligation telephone discussion by calling us on one of the two telephone numbers referred to at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it..
Our Dispute Resolution Team
Cyber Fraud Claims
Cyber fraud is increasingly affecting individuals and businesses.
Business owners and other professionals including fellow solicitors owe their clients a duty of care and will be held legally responsible for their client's losses where there has been negligence or breach of trust on their part. In a solicitor and client relationship, a solicitor that fails to undertake reasonable steps to verify a seller's identity before completing a conveyancing transaction is likely to be found liable. Similarly, a solicitor that fails to notice the signs of fraud before it occurs is also likely to be found liable.
Our solicitors have recovered 100% of our client's losses in a number of cyber fraud claims, and it is a significant part of our dispute resolution department's caseload. We are often able to act on a no win, no fee basis and also offer a spectrum of other flexible funding solutions where the claim for negligence or breach of trust has merit.
The scale and extent of cyber fraud is so large that anyone who uses computers to bank, shop or even communicate with friends could be a target. There are many different types of cyber fraud, which can affect both individuals and businesses:
Cyber fraud targeting individuals:
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Electronic financial frauds such as online banking frauds and internet enabled card-not-present (CNP) fraud
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Lottery scams
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Fraudulent sales through retail sites or through fake websites
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Mass-marketing frauds and consumer scams, including phishing scams where they use fraudulent emails disguised as legitimate emails
Cyber fraud targeting businesses and solicitors:
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Where fraudsters intercept emails between the solicitor and their client and 'arrange' for monies intended for a property transaction to be diverted to their account
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Invoice Fraud - Where a fraudster sends a false invoice to a client ahead of the law firm sending their legitimate invoice
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Chief Executive Fraud - This occurs when a fraudster poses as a Chief Executive or superior advisor in a company creating a stressful situation where the receiver of the message feels they need to respond to the request of transferring monies urgently without questioning the validity of the message
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Friday afternoon Fraud - This occurs on the traditional day that conveyancing completions are taking place, where clients receive emails that appear to have come from their solicitor asking them to transfer their deposit to an alternative bank account. By taking place on a Friday, this also allows the fraudsters time over the weekend to move the money before anyone can realise and intervene.
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Identity fraud - This occurs when someone other than the legal owner of the property poses as the legal owner and tries to sell the property without the owner's consent or knowledge.
If you have been a victim of cyber fraud, please contact us today for a free no obligation consultation by calling either our London or High Wycombe offices on the telephone numbers referred to at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Dispute Resolution
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Our dispute resolution team can be contacted today for a free no obligation discussion by calling either our London or High Wycombe offices on the telephone numbers listed at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Our Dispute Resolution Team
Financial Claims against Directors
- preferential payments;
- repayment of directors' loan accounts;
- over payment of directors’ remuneration; and
- the recovery of company property.
- claims for wrongful trading or fraudulent trading; and
- transactions made which were at an undervalue or constituted a voidable preference.
For more information please contact us today for a free no obligation consultation by calling one of the two telephone numbers referred to at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Our Dispute Resolution Team
Privacy
The Human Rights Act 1998
This incorporates the European Convention on Human Rights into UK law. Article 8 provides "the right to respect for his private and family life, his home and correspondence". This is however restricted in certain situations, such as for the prevention of crime, where it is necessary in the interests of national security and safety, where the law allows it and for the protection of the rights and freedom of others. Further, this right should be balanced against article 10 of the Convention which provides the right to freedom of expression.
Misuse of Private Information
In Campbell v Mirror Group Newspapers, the courts established the test here should be whether or not there is a "reasonable expectation of privacy". In Naomi Campbell's case, a report and images were published in relation to her alleged drug addiction. The House of Lords decided that here, the supermodel had met this criteria. To succeed on this basis there does not have to be any pre-existing relationship of confidence between the parties.
Breach of Confidence
To succeed on a claim for breach of confidence arising out of a disclosure of private information, it must be established that the defendant disclosed private information in breach of a clear duty of confidence, or a duty to respect privacy, established on the basis of a business relationship or a relationship of confidence. Unlike misuse of private information, there needs to be this pre-existing relationship of confidence.
The Data Protection Act 1988
This Act sets out eight principles which people must comply with when they collect, store or organize data. This also gives you rights about the way in which people use your personal data, including them being unable to use your personal data in a way that causes damage or distress.
The Crime and Security Act 2010
This Act provides that fingerprint and DNA samples taken by the police from people who have not been charged or cautioned must be destroyed after 6 years.
You may feel your right to privacy has been infringed in any number of ways, from publication of private details to revenge porn. If this is the case you may be entitled to any of a number of remedies including injunctions, compensation or an account of profits, or destruction of offending material.
Please contact us today for a free no obligation telephone discussion by calling us on one of the two telephone numbers referred to at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Our Dispute Resolution Team
Boundary and Land Disputes
Boundary Disputes
We understand that sometimes arguments arise over the boundary between pieces of land and that some are not as clear cut as others.
What is a boundary?
Every piece of land and property has an exact legal boundary, which is an invisible line that divides one property from another.
The physical boundary is a feature such as a fence, wall or hedge. The physical boundary may or may not follow the line of the legal boundary. The problem lies when the physical boundary changes over time, for example a wooden fence that moves slightly every time it is replaced. This may consequently lead to a dispute.
When do Boundary Disputes occur?
Disputes can occur with neighbours regarding ownership of a piece of land which may affect your home or business.
Boundaries may vary over time, and may have been affected by agreements with those who occupied the land before you. You may encounter further difficulty when relying on Land Registry maps. These are drawn generally and are not specific enough to refer to details of boundaries.
Boundary disputes may arise from any of the following:
- overhanging foliage
- overhanging house extensions
- disagreements over boundary lines
- determining who is responsible for fence maintenance
- harassment
- positioning of pipes and drains
- positioning of fences
- land registration
- rights of way
- trespass
- repairs and responsibilities
- surveyor disputes
- adverse possession
Many people own their properties under a lease, either because the property forms part of a bigger building or estate (such as a flat or maisonette), they have bought through a shared ownership scheme, or they have been sold a new-build home as a leasehold rather than freehold. When a property is sold as a leasehold a third party will own the freehold of the land, and the lease governs the relationship between the owner of the individual property (the "leaseholder") and the owner of the estate or development (the "freeholder").
A range of disputes can arise between leaseholders and their freeholders, including, but not limited to:
- Interpretation and enforcement of lease clauses
- Breach of a lease (by either party)
- Modifying leases
- Ground rent and service charge disputes, including escalating ground rent
- Buying the freehold
- Tenants' management companies
If a neighbour has caused serious harm to your property, or unreasonably interfered with your property rights, you may also be entitled to bring a claim in nuisance.
How to resolve Boundary and Land Disputes
Our dispute resolution team bring a practical view to these matters as well as their legal expertise.
Our aim is to try to resolve these problems as quickly and cost effectively as possible. We are able to assist in reaching an amicable agreement, by taking the advice of joint experts, attending mediation, and conducting alternative dispute resolution. If it becomes necessary, our solicitors are also able to assist you in taking court action.
For more information please contact us today for a free no obligation discussion by calling one of the two numbers at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Our Dispute Resolution Team
Landlord and Tenant
Our landlord and tenant lawyers have extensive knowledge and experience in acting for both landlords and tenants in both a commercial and residential context.
The services that our solicitors can offer in terms of the commercial market include the following:
- Breaches of Covenant (including non-payment of rent)
- Dilapidations
- Forfeiture of a Commercial Lease
- Commercial Lease Renewals
In a residential context our lawyers frequently assist clients with the following:
In an area that is becoming ever more regulated there are numerous pitfalls that can befall unwary landlords and tenants alike. Our specialist lawyers can assist with general advice to avoid those pitfalls prior to and during a let, and are always on hand to advise and take any necessary action should a dispute or problem unfortunately arise. We will outline our costs to you at the outset and for some more straightforward matters (such as possession claims under the accelerated section 21 procedure) fixed fee options will be offered.
For more information please contact us today for a free no obligation discussion by calling one of the two telephone numbers at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Our Dispute Resolution Team
Subcategories
Dispute Resolution
