Frequently asked questions
Short answers to the questions we are asked most often. If yours is not here, contact us and we will point you in the right direction.
Do I need to visit one of your offices?
Not necessarily. Many matters can be handled entirely by telephone, email and video meeting, and we are happy to meet by Teams or Zoom. Some work, such as notarising documents or signing a will, does require you to attend in person. Tell us your preference when you get in touch and we will arrange what works for you.
Is there disabled access?
Our Woodford Green office has step-free access to reception and ground-floor meeting rooms. If you have particular access needs at either office, please let us know in advance so that we can make arrangements.
Can I move my matter from another solicitor to Thirsk Winton?
Yes. You are free to change solicitors at any stage. You will remain responsible for any fees properly due to your previous solicitors up to the date of transfer, and we will liaise with them to obtain your file.
How much will my matter cost?
It depends on the type of work and its complexity. We publish price information for probate, debt recovery and notarial work on our fees pages, and for every matter we confirm our charging basis and an estimate in writing before starting work. Where the scope can be defined in advance we will usually offer a fixed fee.
What is a lasting power of attorney?
A lasting power of attorney (LPA) is a legal document in which you appoint one or more people to make decisions on your behalf if you become unable to make them yourself, for example through illness or after an accident. There are two types: one for property and financial affairs, and one for health and welfare. You must be over 18 and have mental capacity when you make an LPA, and it must be registered with the Office of the Public Guardian before it can be used.
Can I extend my lease as soon as I buy my flat?
Yes. Until 31 January 2025 you had to have owned the lease for two years before using the statutory procedure, but the Leasehold and Freehold Reform Act 2024 removed that requirement. You can now serve a statutory notice as soon as you are the registered owner, or approach the freeholder for a negotiated extension at any time. Our lease extensions page explains both routes.
Can one co-owner force the sale of a jointly owned property?
Sometimes. If the other co-owner will not agree to a sale, an application can be made to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996. The court considers the purpose for which the property was bought, the interests of anyone living there and the interests of any secured creditor. We advise on these disputes as part of our property litigation work.
How are court proceedings started?
Before issuing a claim you should follow any pre-action protocol that applies to your type of dispute, or the general Practice Direction on pre-action conduct. These set out the exchange of information expected before proceedings. If the dispute is not resolved, a claim form and particulars of claim are prepared and filed at court with the court fee. We advise at the pre-action stage and prepare and issue proceedings where necessary.
What happens at a trial?
If proceedings have been issued, the court’s directions complied with and no settlement reached, the court lists a trial. We will usually instruct a barrister to present your case. The judge hears the legal arguments and the evidence of the witnesses and then gives judgment. Most cases settle before trial, and we will advise you throughout on the merits and costs of continuing.
How much does litigation cost?
It depends on the nature of the dispute and whether court proceedings are needed. We give you our charge-out rates and a costs estimate at the outset, update it as the matter progresses, and advise on funding options and on the risk of paying the other side’s costs.
Talk to a solicitor
Tell us briefly what you need and one of our lawyers will come back to you, usually the same working day. There is no charge for an initial conversation.