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Case Study: The Penalties for Non-Compliance and Disrespect in the Commercial Litigation Process
The following real case shows that the potential cost consequences for disrespecting the court and procedural rules are serious. It also demonstrates the unpredictable twists and turns of the cost regime during a case. Read on to learn more about the particulars of this case and what we can all learn from it.
Prosperity Law in Manchester secure another win for their clients
The dispute resolution team at Prosperity Law LLP Manchester, headed by Paul Magee, Partner and solicitor, were instructed by clients (the Claimants) to pursue a claim for damages against a builder (the builder) who carried out negligent extension works to their home. The builder was dismissed as he took too long to complete the work, which had to be demolished and re-commenced by a reputable construction firm.
The builder, a litigant in person, defended the claim and filed a lengthy defence prepared by his counsel. The builder initially engaged fully in the court process and attended two case management hearings but later did not comply with directions in that he failed to serve witness evidence and a counter schedule of loss.
The builder refused to engage in mediation and also did not properly engage in negotiations despite the claimants, as noted by the Judge in giving judgement, trying very hard to engage to try to settle. There would be lengthy periods of radio silence, and when there was communication by the builder, it was not sufficiently clear.
The trial and outcome
The case was listed for a three-day trial. The claimants and Prosperity Law LLP prepared for the likelihood that the case could take three days. The defendant was aware of the hearing and even requested an adjournment prior to the hearing without explaining why he required an adjournment.
Surprisingly, the defendant did not show up on the first day of the Trial. The case proceeded in his absence, with the Judge hearing evidence from the claimants. As expected, Judgement was granted and damages assessed, which included damages for the financial loss incurred, in addition to general damages for inconvenience and interest. Also, as expected, the builder was ordered to pay the costs, but there was a more positive twist than expected on the issue of costs.
The intermediate cost track and uplift request
When the claim was initially tracked, it was put on the highest track, the multi-track. Fixed costs do not apply in the multi-track. At the Case Management Hearing, the case was re-tracked and placed on the upper band (4) of the intermediate track, which is a fixed cost regime and can be less generous to a winning party. Although a cost budget had been prepared by the Claimants, the CCMC Judge at the first CMC hearing dispensed with the need for a budgeting exercise to be carried out.
At the second CCMC hearing, the case was transferred to the Business and Property Court (TCC list), but no reference was made to tracking. At the Trial, and bearing in mind that the pertinent track at that point was the fixed cost intermediate track, the Judge was invited to consider granting a 50% uplift on the fixed costs, which he acknowledged he was not too familiar with. The Intermediate Cost track was only introduced in October 2023, and Judges and solicitors are still getting to grips with it.
Requesting and being granted a 50% uplift on fixed costs is not common at all. An uplift is appropriate where a party has acted unreasonably, and of course not turning up at trial, not complying with court directions, not engaging in mediation, and not properly engaging in ADR are all examples of unreasonable conduct.
What did the Judge decide?
The Judge considered the invitation to grant an uplift and, thinking outside the box, decided that rather than grant an uplift, he would re-track the matter back to the multi-track. On that basis, he ordered that the builder would pay the costs on the indemnity basis (a much more favourable basis than the standard basis). In other words, the case was out of the fixed cost regime and back into the regime of reasonable costs but reasonable costs on an indemnity basis.
The Judge was mindful that there had not been a budgeting exercise carried out previously when the case was initially on the multi-track, but he saw no difficulty with that and made an order and issued directions that the Claimants’ costs would be summarily assessed, which would avoid the need to carry out a cost budgeting exercise. This was a great result for the Claimants.
What we can learn from this case: A sting in the tail for a non-compliant party in litigation
The case serves as a warning to any party involved in litigation, but especially litigants in person, that severe cost penalties will arise if there is disrespect shown to court rules and procedure and if disrespect is shown to the other party by messing them about and unnecessarily causing the case to become protracted by not trying to engage properly in trying to settle.
The case also serves as a reminder that, as a result of the complex cost regime which exists, it is not always possible to predict from the outset what the eventual cost outcome will be. What is very clear, however, is that unreasonable conduct is highly likely to be penalised when it comes to the question of the costs.
If you may be involved in a dispute and are unsure what to do, seeking specialist legal advice at an early stage can make a significant difference to both the process and the result.
Call us on 0161 667 3686 or fill out the form.
About the author
Paul Magee is a Partner and the Head of Dispute Resolution and Contested Probate teams at Prosperity Law LLP. Paul has been a litigation solicitor for over 30 years and is very experienced. He now specialises in property litigation, contested probate and employment disputes.
Paul is always happy to have an initial, no-fee obligation chat. He believes in providing value to his clients, who include commercial developers, landlords, tenants, insurers, Letting Agents, sports personalities, musicians, and many others.
SRA ID: 176479
Birth Injury
Expert Legal Support for Families Affected by Birth Injuries
An injury to a newborn baby is devastating for the child and the family. Where your child has suffered an injury as a result of health professionals’ failure to provide an acceptable standard of care, you may be able to claim compensation.
Birth Injury Solicitors
Birth injuries can occur for many reasons:
- Failure to monitor the baby’s wellbeing during labour
- Delays in recognising signs of foetal distress
- Failure to perform a cesarean section in a timely manner
- Incorrect use of forceps or ventouse
- Failure to respond appropriately to emergencies during labour
- Lack of appropriate neonatal care following birth
- Failure to identify maternal infection
Types of Birth Injuries
Birth injuries can vary significantly in severity and long-term impact. Examples include:
Cerebral Palsy
Cerebral Palsy may develop where a baby suffers a lack of oxygen (Hypoxia) to the brain during labour or delivery.
Erb’s Palsy and Brachial Plexus Injuries
These occur where excessive force is used during delivery, sometimes when there is a shoulder dystocia, i.e when the shoulders get stuck. These injuries can affect nerves in the shoulder and arms.
Neonatal Injuries
Inadequate treatment following birth can lead to serious complications including infections, respiratory problems and avoidable neurological injuries.
We understand that no amount of compensation can undo what has happened. However, we can obtain compensation that provides financial security, access to specialist care, rehabilitation, adapted accommodation and other support services that can significantly improve your child’s quality of life.
Birth injuries are complex and require detailed investigation by specialist solicitors. Our specialist team will handhold you through the legal process and give clear advice and compassionate support.
Common Birth Injury and Medical Negligence Questions
We have a breadth of experience in the area of Birth Injury and Medical Negligence, here are some of the questions we get asked most.
Why Choose Prosperity?
Partner‑Led Support Throughout Your Case
Your matter will be overseen by a senior solicitor, ensuring you always have a consistent point of contact who understands your situation and guides you from start to finish.
Specialist medical negligence lawyers
Our team includes highly experienced solicitors with expertise in complex injuries, including brain injury, birth injury, and fatal claims.
Compassionate, responsive service
We understand the emotional impact of medical negligence. Our approach is supportive, clear, and focused on helping you move forward with confidence.
What Our Clients Say
Meet Our Birth Injury Team
Our Medical Negligence Experience
Our head of department and Partner, Jane Lynch, is an accredited member of the Law Society as a specialist in clinical or medical negligence and is a fellow of the Royal Society of Medicine. She is recognised as a highly experienced leading practitioner in England and Wales.
Jane specialises in high-value complex claims. One of her areas of particular expertise is birth trauma cases and brain injury. She has achieved millions in compensation for her clients.
Read more about our medical negligence experience below:
Get The Guidance You Need From Our Trusted Birth Injury and Medical Negligence Team
📞 Call us today 0161 660 9989
Or complete the form below and a member of our team will be in touch shortly.
Commercial Lease Forfeiture and Section 146 Notices: A Guide for Landlords
Your tenant breached your lease?
Did you, as the landlord, waive your right to forfeit the lease?
A landlord may sometimes find that a tenant has not complied with the terms of their lease. In certain situations, this can give the landlord the right to bring the lease to an end, which is known as forfeiture.
A breach can occur when either the landlord or tenant fails to comply with a promise set out in the lease. These promises are known as “covenants”, and they set out what each party must and must not do.
What is a Section 146 notice?
Where a landlord wants to forfeit a commercial lease for a breach other than non-payment of rent, they must usually first serve a notice under Section 146 of the Law of Property Act 1925. The notice is a statutory pre-condition to forfeiture, and forfeiting without serving a valid notice, where one is required, can leave the landlord’s action open to challenge.
To be valid, a Section 146 notice generally must specify the breach complained of; require the tenant to remedy the breach, if it is capable of remedy, within a reasonable time; and, where the landlord wants it, require the tenant to pay compensation for the breach. The tenant must then be given a reasonable opportunity to put matters right before the landlord takes further steps to forfeit.
A Section 146 notice is not required where forfeiture is based on rent arrears. Even after a notice has been served, a tenant may be able to apply to the court for relief from forfeiture, which, if granted, allows the lease to continue. Because the requirements are technical and a defective notice can undermine the whole process, landlords should take advice before serving one.
Is the Breach ‘once-and-for-all’ or continuing?
A ‘once-and-for-all’ breach is a breach of a lease covenant that occurs at a single point in time, whereas a continuing breach persists over time.
Once-and-for-all breaches include:
- Alienation clauses
- An insolvency event
- Breach to put premises in repair or carry out repairs by a specific date
Continuing breaches include:
- Breach of user covenant
- Breach to insure
- Breach of a covenant to keep in repair
Whether a breach can be remedied will depend on the type of covenant that has been broken. Some breaches are “continuing” in nature, meaning they must still be ongoing in order to be remedied. Others arise from a single action (or lack thereof) and can still be remedied after the event, for example where a tenant has carried out alterations or displayed signage without the landlord’s consent.
Beware of waiving your right to forfeit a lease
Once a landlord has knowledge of the tenant’s breach, they have to decide whether to forfeit the lease or treat the lease as continuing. If the landlord waives a ‘once-and-for-all’ breach, it will prevent them from forfeiting the lease based on that breach, should they change their mind in the future.
Therefore, it’s very important that once a landlord establishes that there’s a breach, they have a right to forfeiture, and if they intend to forfeit, any action taken must clearly demonstrate their intention to forfeit the lease. It is very important for a landlord to act if they are not consenting to a tenant’s breach.
Waiver of the right to forfeit vs waiver of a breach of covenant
A landlord may decide not to forfeit a lease for commercial reasons. In those circumstances, the landlord can often still pursue other remedies, such as a claim for damages for the tenant’s breach.
If a landlord waives the right to forfeit, they lose the ability to end the lease for that particular breach, but they may still be able to take another remedy, such as claiming damages. For that reason, landlords should be wary of waiving the right to forfeiture and potentially the ability to end the lease (subject to the tenant applying to court for relief), which ordinarily can only be ended through the statutory process.
The next practical steps if forfeiture is to proceed:
- The landlord needs to find out whether they have a legal right to forfeit the lease.
- It may be that the lease expressly includes a provision for forfeiture, avoiding the need for court proceedings, or, in the absence of an express provision, court action may be the only route.
- If forfeiture is for a non-rent-related breach, a Section 146 notice (under the Law of Property Act 1925) must be served; if forfeiture is on rent arrears grounds, no Section 146 notice is required.
Commercial forfeiture procedure is very different in key respects from forfeiture of residential leases, which may entail the need for permission from the First-tier Tribunal to proceed, and common law forfeiture procedure is not an option.
These areas of law are complex and give rise to potential pitfalls, and taking legal advice early is important.
If you are a commercial landlord dealing with a tenant’s breach and considering forfeiture or whether a Section 146 notice is needed, our commercial property and dispute resolution team can advise you on the right course of action. Contact us to discuss your situation.
Call us on 0161 667 3686 or fill out the form.
About the author
Paul Magee is a Partner and the Head of Dispute Resolution and Contested Probate teams at Prosperity Law LLP. Paul has been a litigation solicitor for over 30 years and is very experienced. He now specialises in property litigation, contested probate and employment disputes.
Paul is always happy to have an initial, no-fee obligation chat. He believes in providing value to his clients, who include commercial developers, landlords, tenants, insurers, Letting Agents, sports personalities, musicians, and many others.
SRA ID: 176479
Litigation: Take Legal Advice as Early as Possible
False perception of the merits of the claim or defence
You may be thinking of making a claim for compensation or some other remedy, or it may be that you are on the receiving end of a claim. You may think you have either a good claim or weak one; similarly, you may believe you have a good defence or a weak one. But you could be wrong – you may have a stronger claim or a weaker defence than you think.
Misplaced confidence, partial or lack of knowledge of contract terms, law and procedure may soon send you down a blind alley or a maze you cannot readily get out of. If you do not actually know for sure how strong or weak your claim or defence is then it cannot make sense to blindly carry on.
Taking early legal advice following a proper assessment of the merits or de-merits is essential to best determine your next step, as the obstacles can be numerous and the process complex.
Early assessment
Early assessment is hugely important. Better knowledge will help you adopt a better strategy and decide whether to settle early or later. Lack of understanding of the meaning of terms in a contract, such as a lease, procedural rules and the law, can be highly prejudicial.
Pitfalls aplenty
Many potential pitfalls await. The claim may have no standing if the court has no jurisdiction; the claim may not be based on any real cause of action; your case may have started in one track and end up being re-allocated to a different track, be it cost-bearing or non-cost-bearing; your claim or the defence may be time-barred; or you may not have complied in time with court directions and need relief from sanction.
The longer the case goes on, the more complicated it can become (if it was not complicated at the outset) and the greater the risks. The issue of cost liability can end up becoming more important than the value or subject matter of the dispute. Worse still, if you win, do not expect to recover all of your costs, and do not expect the court to proactively help you take steps to recover your compensation and costs. There can still be a long road ahead to recovery of losses.
A realistic assessment of your legal position is critical
You need to consider how strong your evidence is, whether there are any issues with any witnesses or expert reports, and whether there are any genuine prospects for succeeding at court against the other party. However, it is important to note that even strong cases can carry a risk of failure at court as it is ultimately up to the presiding judge to make a decision. Favourable outcomes are never guaranteed.
Litigation can take years to reach trial. During this period, time and emotional energy are all tied up in the dispute. An out-of-court settlement can bring a quicker resolution to the dispute, reduce any disruption to personal life and/or business operations, and allow parties to move forward. Some businesses may be inclined to settle on a commercial basis and want to preserve confidentiality.
Read more about why in a commercial dispute, settlement might yield the best outcome for you.
Control over outcome
Settlement gives parties control. Terms can be negotiated creatively including structure of any payments, the outcome of any future business arrangements, and any non-financial remedies such as apology letters or corrective actions. At a trial, the outcome is imposed by the court and even a win may not deliver a satisfactory result.
Enforcement and finality
A judgment following trial provides a clear, enforceable outcome. However, enforcement can still present challenges if the losing party is unwilling or unable to pay. This could result in further court involvement for Court Orders and instructing High Court Enforcement agents to enforce any court decision. Settlement agreements can also be binding and enforceable, particularly when formalised properly, but they rely on both parties’ co-operation.
The Courts in England and Wales actively encourage parties to explore Alternative Dispute Resolution (ADR) options such as mediation or arbitration. Refusing to engage in ADR can have cost consequences, even for the winning party. The courts expect parties to act reasonably in seeking resolution.
Seek legal advice early
Making the right decision whether or not to proceed, or to settle early or later, or bring the claim to court depends on a range of considerations – necessity to obtain redress, assessment of the risks, the legal strengths of the claim or defence, personal and commercial priorities, funding for advice, assistance and representation and recoverability.
A pragmatic approach as opposed to an emotional one will usually lead to the best outcome. A prudent person should take litigation advice early, which can help avoid costly mistakes later on.
If you may be involved in a dispute and are unsure which route to take, seeking specialist legal advice at an early stage can make a significant difference to both the process and the result.
If you think you may be heading towards a dispute, our dispute resolution team can review your position and advise on the best way forward, whether that is an early out-of-court settlement or defending your position. Get in touch to arrange an initial discussion.
Call us on 0161 667 3686 or fill out the form.
About the author
Paul Magee is a Partner and the Head of Dispute Resolution and Contested Probate teams at Prosperity Law LLP. Paul has been a litigation solicitor for over 30 years and is very experienced. He now specialises in property litigation, contested probate and employment disputes.
Paul is always happy to have an initial, no-fee obligation chat. He believes in providing value to his clients, who include commercial developers, landlords, tenants, insurers, Letting Agents, sports personalities, musicians, and many others.
SRA ID: 176479
Commercial Property
Commercial Property Solicitors
Prosperity’s Commercial Real Estate team comprises professional commercial property solicitors, trusted by clients for their expertise in navigating complex transactions, with confidence. Business owners, investors, developers, and landlords; Prosperity’s commercial property law team brings a wealth of experience to each client’s representation.
Commercial Property Solicitors
What do commercial property solicitors help with?
With each piece of property legal advice we provide, it is our aim to protect your interests and deliver efficient, valuable, results.
Prosperity Law will provide you with an experience commercial property solicitor who can help you with the following:
- Commercial lease agreements
- Property development
- Property acquisitions and disposals
- Agricultural and rural land
- Commercial property finance
- Corporate transactions
- Pension fund transactions
We take our time in developing a clear understanding of your goals and provide straightforward, constructive advice throughout your commercial property journey, ensuring every decision is informed and commercially sound.
Our Commercial Property Expertise
Choosing the right legal partner can make all the difference. At Prosperity Law, we’re committed to being more than just your real estate lawyer; we’re your trusted advisors in navigating the complexities of property law.
Prosperity Law commercial real estate solicitors provide legal services across the whole spectrum of commercial property transactions. Our expertise in include:
Common Commercial Property Questions
We have a breadth of experience in the area of Commercial Property, here are some of the questions we get asked most.
Why Choose Prosperity?
Strategic Guidance for Every Stage of Your Property Transaction
We provide clear, commercially focused advice from the outset, helping you make confident decisions at every step
Deep Expertise Across the Commercial Property Lifecycle
From acquisitions to leases and development, our team delivers practical, sector‑aware support throughout your transaction.
Proactive, Detail‑Driven Support That Keeps Your Deal Moving
We spot issues early, minimise delays, and keep your matter progressing with timely updates and decisive action.
What Our Clients Say
Meet Our Commercial Property Team
Get The Guidance You Need From Our Trusted Commercial Property Team
📞 Call us today 0161 667 3686
Or complete the form below and a member of our team will be in touch shortly.
Corporate & Commercial
Corporate and Commercial Law Solicitors
The modern economy and business landscape is complex; making it all the more important for enterprises to have the right, dedicated legal support. Prosperity’s esteemed commercial law team provides a comprehensive range of services to meet the wide-ranging needs of our corporate clients and their stakeholders and/or investors.
Corporate & Commercial Solicitors
What do commercial solicitors help with?
We represent clients of all size and stature, handling multi-million pound deals, and transactions of lower monetary value, but of equal importance. In each case, our client will receive prudent, direct advice and guidance to ensure the best outcome possible.
We provide a comprehensive range of services to meet the wide-ranging needs of our corporate clients and their owners, management teams and investors. Our experienced commercial law team can support you with any / all of the following elements of commercial legal support:
Corporate:
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Sale and purchase of companies
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Takeovers
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M&As
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Restructuring and refinancing
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Buyouts and ins
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Partnership agreements
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Corporarate finance
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Shareholder agreements
Commercial:
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Commercial contracts
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Franchising
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Distribution agreements
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Service contracts
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Terms and conditions
We take the time to understand your specific circumstances and provide clear, constructive advice at every stage of your case whether your organisation is merging with another, or new partnership agreements are in their development phase.
Sectors We Work With
Our corporate and commercial solicitors work with organisations across a wide range of industries, from fast‑growing start‑ups to established national brands. We understand that every sector has its own commercial pressures, regulatory requirements, and operational challenges – so our advice is always tailored, practical, and commercially focused.
Whether you’re navigating a business sale, negotiating a key contract, restructuring your organisation, or securing investment, we bring sector‑specific insight that helps you move with confidence.
We regularly advise clients in the following sectors:
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Healthcare – including clinics, medical practices, care providers, and health‑tech businesses
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Retail – from independent retailers to multi‑site operations
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Businesses – SMEs, family‑owned companies, and high‑growth enterprises
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E‑commerce – online retailers, digital brands, and subscription‑based businesses
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Sports – clubs, academies, management companies, and sports professionals
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Sole traders – providing clear, accessible advice for individuals running their own business
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Care – residential care homes, domiciliary care providers, and specialist care organisations
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Waste – waste management, recycling, and environmental services companies
Common Commercial Law Questions
We have a breadth of experience in the area of Family Law, here are some of the questions we get asked most.
Why Choose Prosperity?
Partner‑Led Support Throughout Your Transaction
A senior corporate solicitor oversees your matter from start to finish, giving you a consistent point of contact who understands your objectives and keeps your deal or project moving smoothly.
Specialists With Broad Commercial Expertise
Our corporate and commercial team advise on mergers, acquisitions, shareholder matters, governance and business structuring. As a full‑service firm, we also provide seamless support across employment, property, disputes and regulatory issues too.
Efficient, Responsive Service for Fast‑Moving Businesses
We work proactively to reduce delays, anticipate risks and keep your transaction on track. You receive clear updates, commercially focused guidance and timely support at every stage.
What Our Clients Say
Meet Our Corporate & Commercial Team
Get The Guidance You Need From Our Trusted Commercial Law Team
📞 Call us today 0113 246 7878
Or complete the form below and a member of our team will be in touch shortly.
Medical Negligence
Medical Negligence Solicitors
When medical treatment goes wrong because care has fallen below an acceptable standard, the consequences can be life‑changing. Our medical negligence solicitors support clients across the UK, helping them understand what happened, secure answers, and pursue the compensation they deserve.
Medical Negligence Solicitors
What do medical negligence solicitors help with?
Medical negligence (also known as clinical negligence) occurs when a healthcare professional provides substandard care that causes injury, worsens an existing condition, or delays recovery. This can include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication or prescribing mistakes
- Poor maternity care
- Inadequate aftercare
- Birth injury claims
- Surgical negligence claims
- Fatal claims and inquests
- GP and hospital negligence
- Emergency care failures
- Sepsis and meningitis claims
- Brain injury and neurological harm
Our team is accredited by the Law Society for clinical negligence, ensuring quality standards and reassurance your case is handled by recognised specialists. Our medical negligence lawyers investigate what went wrong, gather expert evidence, and guide you through the process.
Common Medical Negligence Questions
We have a breadth of experience in the area of Medical Negligence, here are some of the questions we get asked most.
Why Choose Prosperity?
Partner‑Led Support Throughout Your Case
Your matter will be overseen by a senior solicitor, ensuring you always have a consistent point of contact who understands your situation and guides you from start to finish.
Specialist medical negligence lawyers
Our team includes highly experienced solicitors with expertise in complex injuries, including brain injury, birth injury, and fatal claims.
Compassionate, responsive service
We understand the emotional impact of medical negligence. Our approach is supportive, clear, and focused on helping you move forward with confidence.
What Our Clients Say
Meet Our Medical Negligence Team
Our Medical Negligence Experience
Our head of department and Partner, Jane Lynch, is an accredited member of the Law Society as a specialist in clinical or medical negligence and is a fellow of the Royal Society of Medicine. She is recognised as a highly experienced leading practitioner in England and Wales.
Jane specialises in high-value complex claims. One of her areas of particular expertise is birth trauma cases and brain injury. She has achieved millions in compensation for her clients.
Read more about our medical negligence experience below:
Get The Guidance You Need From Our Trusted Medical Negligence Team
📞 Call us today 0161 660 9989
Or complete the form below and a member of our team will be in touch shortly.
Family Law
Family Law Solicitors
Family issues can be emotionally difficult and legally complex. Our family law solicitors help clients across Liverpool, Manchester, and Leeds. We offer clear guidance and steady reassurance in life’s most challenging moments. Whether you are facing divorce, sorting out finances, or planning ahead, we help you understand your options. We help you move forward with confidence.
Prosperity’s Family Solicitors
What do family law solicitors help with?
Family law covers many situations. It includes relationship breakdowns, child arrangements, and protecting assets. Our team provides practical, tailored advice across all areas of family law, including:
- Divorce and separation
- Financial settlements and spousal maintenance
- Child arrangements and parental responsibility
- Prenuptial agreements (Prenuptial Agreement UK)
- Postnuptial agreements
- Cohabitation disputes
- Domestic abuse and protective orders
- Civil partnership dissolution
- Mediation and alternative dispute resolution
- High‑net‑worth and complex cases
We take the time to understand your circumstances and provide clear, constructive advice at every stage.
Looking for a specific service?
Common Family Law Questions
We have a breadth of experience in the area of Family Law, here are some of the questions we get asked most.
Why Choose Prosperity?
Partner‑Led Support Throughout Your Case
Your matter will be overseen by a senior solicitor, ensuring you always have a consistent point of contact who understands your situation and guides you from start to finish
Specialist Team With Broad Legal Expertise
Our family law team is highly experienced and supported by a full‑service firm. This means you benefit from seamless access to related legal advice, including property, probate, and financial matters when needed.
Efficient, Responsive Service When You Need It Most
We work proactively to keep your case moving, reduce delays, and minimise stress. Our agile approach ensures you receive clear updates, timely guidance, and practical support at every stage.
What Our Clients Say
Meet Our Family Law Team
Get The Guidance You Need From Our Trusted Family Law Team
📞 Call us today 0161 667 3686
Or complete the form below and a member of our team will be in touch shortly.
Separation
Separation
Unlike married couples, unmarried partners don’t have access to the same financial laws, which can make navigating separation more challenging.
As well as being able to prepare a cohabitation agreement before you begin living together, we can assist should the relationship sadly end.
For jointly owned property, we work under the Trusts of Land and Appointment of Trustees Act- a civil, not family law process. Our goal is to help you resolve these matters outside of court whenever possible through dispute resolution, though we’re fully prepared to support you through court proceedings if needed.
We’re here to make this process as smooth and stress-free as possible, whatever the circumstances.
Children
Children
When couples separate, one of the most significant considerations is ensuring that the children’s needs remain central.
Both parents naturally want quality time with their children, but managing two households-and potentially long distances-requires practical solutions.
Our team offers clear, compassionate advice to help you find sensible arrangements, from day-to-day schedules to holiday planning and special occasions.
Mediation is always a good idea, but if needed, we’re ready to guide you through further legal steps, including court applications as a last resort.
We’re experienced in helping obtain parental responsibility, parenting agreements, and child arrangement orders. These orders, whether negotiated or court-issued, cover essential details like where your child will live, contact arrangements, and important decisions about their upbringing- all tailored to prioritise what’s best for the child.
We also support grandparents seeking to maintain relationships with their grandchildren, assisting in creating outcomes that work for everyone involved. Our goal is to foster a stable, loving environment that supports lasting relationships between children, parents, and extended family.
Pre / Post Nuptial Agreements
Pre / Post Nuptial Agreements
Our team is well-versed in crafting financial agreements that provide clarity and protection before or after marriage.
Both pre-nuptial and post-nuptial agreements help define how finances will be managed throughout the relationship, offering transparency and peace of mind for both partners-especially the financially vulnerable party.
For a pre-nuptial agreement (prenup), it’s essential to receive legal advice and share full asset disclosure well before the marriage. While prenups aren’t legally binding yet, they’re increasingly influential in court, provided they’re fair and properly executed. A clear agreement like this can save both parties emotional stress and costly legal fees should the marriage end.
If you’re already married, we can prepare a post-nuptial agreement to formalise similar financial arrangements. Whether for inherited wealth, pre-marital property, or other assets, these agreements bring certainty and allow couples to move forward with confidence, knowing their financial futures are secure.
Finances
Finances
Financial matters can be one of the toughest aspects to resolve in a separation.
If reaching an agreement on finances feels challenging, our skilled family advisors- with over 30 years of experience- are here to help you find the best path forward. Even if initial agreements are difficult, involving a solicitor often opens the door to solutions that once seemed impossible.
Our approach is flexible and tailored to your needs. Mediation is an option we encourage as a first step, but if further negotiation is required, we’re here to support you as much or as little as needed. We provide sensible, cost-conscious advice with clear timelines, empowering you to make the best possible outcome for you.
Should court proceedings become necessary, we’ll handle all court-required paperwork and represent you at any hearings, always aiming for the best possible outcome.
No matter how complex the situation, we’re committed to guiding you toward a financial resolution that brings clarity and peace of mind.
Divorce
Divorce
Navigating Divorce – Addressing your most frequently asked questions
Dealing with marital breakdown and the prospect of a divorce is tough and intensely personal. But at various points of the process, access to the right legal support and divorce advice can make it easier. Whether it’s through keeping you informed of your options or providing you with robust and tenacious representation in negotiations, understanding your options and having the right Divorce Solicitor can make a world of difference to your outcomes.
Compiled by Prosperity’s expert family law team, the following list of Frequently Asked Questions outlines where you might benefit from legal advice, and why preparation and proactivity in many circumstances, is key.
Prosperity’s Family Law team operates across England from the firm’s four offices in Manchester, Leeds, Liverpool, and London. Each expert Solicitors in their own right, they’ve experience of representing all manner of Divorce cases and providing sensitive, but effective, divorce advice to a wide range of clients.
Consent Orders
Consent orders
Many people assume that when they become divorced, and the decree absolute/final order is issued, that is the end of the matter. But regarding finances, nothing could be further from the truth.
Any financial arrangements made during a divorce are not legally binding unless they are contained within an approved court order.
If parties are in agreement about the distribution of assets, this agreement can be implemented into what is known as a consent order. A consent order is an order that is agreed by both parties, signed and then approved by the court.
Without the protection of a consent order, either party can make claims on each other later, and contest arrangements, sometimes at a point many years in the future.
With the increasing demand for quick divorces, and divorces being sought online, many couples remain unaware of how divorce alone does not legally cover the division of their assets.
For example, if a couple divorces and simply divides their finances and property by verbal or unofficial agreement, it may be that one party decides in the future to make a claim against the other. Perhaps one person’s financial situation drastically changes, and they come into a large inheritance, windfall or profit from a business venture. Without a consent order in place setting out the financial agreement, the other party can potentially make a claim on the new assets.
A consent order confirms the agreement of both parties on how to divide up: pensions, property, savings and investments, as well as deal with the liability of joint and individual debt within the marriage. The agreement can also include arrangements for maintenance payments, including child
maintenance.
While divorcing couples may reach their own agreements about the division of assets and childcare and maintenance arrangements, they are not legally binding and they leave themselves vulnerable to later claims, which could have detrimental effects on them.
It may be that mediation is required to reach an agreement for the consent order to be put in place. We can support with mediation and help to get both parties working towards the consent order that will provide both parties with financial security and save them both from potential disruption later in life.
Our experienced family law specialists can speak to you about consent orders and help you to cover all aspects of your situation ensuring you are protected both now and in the future.
Cohabitation Agreements
Cohabitation agreements
Marriage is on the decline these days and many couples who live together in the same house, or ‘cohabit’, are unaware of their lack of legal protection concerning finance and property should their partnership, or cohabitation arrangement break down.
As family law experts, we are often called upon for help to resolve disputes over property and
finances when things have already gone wrong, and the partnership has broken down. What then
ends up in stressful negotiations and potentially expensive litigation, could have been avoided if a
cohabitation agreement had been put in place at the outset.
There is a common misconception that if a couple live together for a certain time, they are covered
by similar laws pertaining to marriage. The fact is, cohabitees are not protected at all by law and if
there is no agreement in place when they cease to live together, or that partnership breaks down,
the legal work is then complex and expensive to resolve.
We strongly advise anyone entering a cohabiting situation to take out a cohabitation agreement. By
doing this you will avoid the protracted discussions and potential court proceedings further down the line. It may seem less than ideal to talk about ‘breaking up’ at the start of an optimistic period of
living together, but the fact is, some relationships do break up, and foresight of this, and getting the
agreements in place at the beginning, saves all parties further heartache and money.
Cohabitation agreements are perfect for any couple. There doesn’t need to be a romantic
involvement; couples can be friends, siblings, family members, colleagues, or simply two people who wish to own, share and live in a property together. Whatever the circumstances of the couple, it is
significantly beneficial to get the cohabitation agreement in place at the outset, while on good
terms, to establish the rights each has if they were to separate.
It can cost many thousands of pounds in legal work to arrange division of assets later, should a
cohabitation agreement not be in place. Dividing furniture, including inherited items, contents, any
equity and the splitting of proceeds can all be set out. Even agreements regarding the payment of
bills, mortgage repayments, refurbishments etc can all be contained in the agreement.
Within the agreement, a declaration of trust can be drawn up, setting out how the ownership of
property and assets are held, at which point clients are advised to then set out the detailed terms of
a cohabitation agreement. No detail is too small, and anything that could happen in a cohabitation
situation can be covered in the agreement and arrangements made.
We are experienced in all aspects of cohabitation agreements. We advise all cohabiting parties to
ensure they have peace of mind at the start of their cohabitation so that they know if things go
wrong, the process of splitting will be smooth and easy to arrange.
