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Frequently Asked Questions

FAQ

General Questions

Offering a range of client focused, bespoke legal services to commercial and private clients with a strong focus on niche areas including leasehold enfranchisement, dispute resolution and international notarial services.

Do clients need to visit the office?

This depends on the nature of the enquiry and service needed. We are happy to arrange meetings via Teams/Zoom etc. We could maybe link this to our enquiry form with something along the lines of “to book an initial consultation to discuss your requirements, contact us online and we’ll get back to you.”

Do we have disabled access facilities?

We have ground floor reception and meeting rooms at our Woodford office which are wheelchair friendly.

Can I switch from my current solicitor to Thirsk Winton LLP?

The answer is yes you can opt to switch from your current solicitors but you would be responsible for payment of any fees outstanding to them prior to our instruction.

How does a trial work?

If proceedings have been issued, directions complied with and the parties have not been able to reach a settlement, then the court will list a trial date for the parties to attend with their representatives to hear the case. We would instruct Counsel on your behalf to represent you at trial and they would present your case. A judge will then consider the legal arguments and the evidence given by witnesses at trial and deliver judgment.

When can you get divorced?

You must have been married for a minimum of 12 months to commence divorce proceedings and be a permanent resident of England or Wales

What is an LPA?

An LPA is a lasting power of attorney. It is a legal document that allows you to appoint one or more people to assist in making decisions on your behalf when you may be unable to do so yourself. For example through illness or after an accident. You must be over 18 and have the ability to make your own decisions when you make your LPA. There are two types of LPA

Property and Financial Affairs- for your financial decisions
Health and welfare- for health and care decisions.

Can one person decide to sell a house if two people own it?

Yes, although you made need to obtain a court order for the property to be sold if the co-owner will not voluntarily agree to sell the property

Can I extend my lease after 2 months of buying a property?

You must own a property for two years before you can automatically extend your lease. You may still approach the freeholder earlier than this to negotiate a lease extension but there is no automatic statutory right to extend your lease until you have owned the property for two years.

How are proceedings commenced?

Firstly you should establish if there is a pre-action protocol which is relevant to the circumstances of your claim. If not the practice direction for pre- action conduct should be followed. This sets out the process a dispute should follow before court proceedings are issued. If the parties cannot reach a settlement through the procedure set down in the protocol, then in order to commence proceedings in the county court, a claim form and particulars of claim must be prepared and sent to the court with the court fee payable. We can advise pre-action and assist with the drafting of court proceedings ready for issue.

How much does litigation cost?

Costs will very much depend on the nature of the dipsute and if court proceedings are required. We provide clients with details of charge-out rates and estimates of costs to assist in funding a litigious matter.

Consultancy

Offering a range of client focused, bespoke legal services to commercial and private clients.

Litigation

We are a specialist litigation law firm for Claims, Defences or Counterclaims. Expert mediator advising business disputes, breach of contract and shareholder disputes.

Family Law

Experienced & Accredited Divorce Lawyers Who Offer a Range of Fixed Fee Services! Speak to an Expert Today for a Free Consultation.

Enfranchisement

We are highly experienced in all aspects of leasehold enfranchisement and adept at the negotiation aspects of enfranchising as well as the formal legal process.

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