Litigation & Dispute Resolution

There will be times when things go wrong and disputes arise

If this does happen, the Keelys litigation team will not only give you our expert opinion on your case from a legal perspective, we will also advise how to resolve the dispute as quickly and as economically as possible.  We will work with you to seek and meet your needs; keeping disruption to a minimum for businesses for example is just one of the factors we take into consideration. 

We are committed to Alternative Dispute Resolution (ADR) procedures for resolving disputes as there are very obvious benefits in comparison to the traditional court route.   If, however, ADR does not work or is not appropriate for you, we will pursue your claim through Court action as robustly as possible in order to achieve the outcome you are looking for.

With a strong and team of experienced litigators, we provide dispute resolution and litigation advice over the following areas

Commercial agreements and contractual disputes

Disputes can often arise in respect of agreements or other contractual arrangements between businesses and their suppliers or customers.

Keelys’ litigation team can guide you through all types of commercial litigation, advising you on ways to avoid litigation in this first place and taking you through the litigation process from the start of the dispute to a final hearing at trial.

We have the expertise to assist with all types of commercial disputes, including:

  • Breach of warranty claims
  • Breach of confidentiality clauses
  • The supply of goods and services and all types of commercial agreements
  • Breach of franchise and agency agreements
  • Data protection issues
  • Software claims
  • Fraud

Shareholder, director and partnership disputes

For whatever reason, disputes can arise between shareholders, directors or partners.

Keelys can help either the company, the director, partner or shareholder pursue or defend a claim with a focus on resolution, whether through Alternative Dispute Resolution or litigation.   We can handle all types of disputes relating to management and ownership or organisations including:

  • Company board disputes
  • Shareholders’ agreement disputes
  • Claims for unfair prejudice against minority shareholders
  • The winding up of companies
  • Problems relating to corporate acquisitions
  • Partnership disputes
  • Claims by/against directors arising out of breach of their duties

Property Disputes

Disputes can often arise over issues relating to land, frequently between a landlord and tenant, whether of commercial or residential premises. We can prepare and serve the necessary notice to recover possession of your premises and will issue proceedings to obtain a court order if necessary. We will also work with you to enforce any possession order obtained.

We have specialist experience in a wide range of property litigation and disputes in the following areas:

  • Contentious and non-contentious business lease renewals
  • Termination of leases
  • Recovery of rent arrears,
  • Forfeiture and relief claims and other breaches of covenants
  • Service charge disputes
  • Dilapidations claims
  • Exercising break options
  • Recovery of land from trespassers
  • Rights of way and other easement disputes
  • Boundary disputes

Will and Contested probate disputes

Disputes can often arise at the hardest time when someone you love has passed away and disputes arise over their will. Problems sometimes arise because there is concern that the deceased was not mentally fit to make a will or perhaps they changed it when they ought not to have done.  Other times, the testator may have been, unfairly, under the influence of another person which caused them to change their will. It is also possible that although the will itself is valid, the deceased failed to leave anything to someone who was dependant on the deceased and that can give rise to a claim against the deceased’s estate.

We know that this can be a very difficult and emotional time for the parties involved in this type of dispute.  At Keelys, we have the knowledge and expertise to guide you through the issues that will have to be dealt with and to support you as much as we can and as sensitively as can through the complications of this area of law. 

We have specialist experience in a wide range of contested probate litigation and other trust and estate disputes.

Debt Recovery

Getting invoice paid is high on the list of priorities for any business and here at Keelys we provide our clients with a specialist debt recovery service.

If the debt is not contested and is less than £10,000, we offer fixed charges that not only give you certainty about legal fees but also offer value for money in getting debts paid.  For debts that are contested or above £10,000 different fee structures apply, although we still look to work with you and will offer fixed fees where appropriate.

Interest can be claimed either in accordance with the rate specified in your contract or through legislation, namely the Late payment of Commercial Debts (Interest) Act 1998, which also provides for compensation to be paid to your business by the debtor.

Our debt recovery service includes:

Clear and simple advice on the merits of pursuing your claim along with the likelihood of recovery from the debtor.  We will consider if there are any informal methods of recovering the debt.

We can send a letter before action and if payment is still not made, we can issue proceedings and enforce any judgment we obtain. We also offer a fixed fee for our enforcement services.

Intellectual Property Disputes

Intellectual property rights include copyright, unregistered design right and database rights.   Other rights can be registered, such as patents, trademarks and registered design rights.

Those rights can be at risk whether from unknown cyberattacks, competitors or even your own employees who may use your company’s database to set up a competitive business.

Keelys can advise on disputes and litigation concerning:

  • breach of copyright
  • passing off
  • breach of design rights
  • patent and trade mark infringement

Professional negligence

You should expect your professional advisers to get it right when they advise you and act on your behalf.  Those professional have a duty to you but regrettably, sometimes things can go wrong and they fall short of this duty.  When this happens, Keelys specialist team of litigators can help you to asses if there has been any negligence on the part of the professional and if so, whether that has caused loss. We will take into account the strength of the evidence and likelihood of success of bringing a claim.

Our team has pursued claims for negligence against:

  • solicitors
  • architects
  • accountants
  • surveyors

We will used both Court proceedings and ADR where we can.

Insolvency

Keelys can provide expert advice on all aspects of insolvency law.

If your business is suffering financial difficulties remember that early action can often pay dividends.  Remember also that trading whilst insolvent can lead to personal liability.  

In the event of your company entering insolvency, you may face a claim from a liquidator or the company’s former bankers, in which case Keelys can advise you on all aspects of insolvency, including trading whilst insolvent, transactions at an under value, preferential payments and bank guarantees.

Our specialist team can assist you in providing early commercial advice in relation to issues such as:

  • Getting your unpaid goods back by enforcing retention of title clauses
  • Participating in the creditor’s meeting to maximise the return to unsecured creditors
  • Defending any claims against you by the liquidator or administrator

You will find certain additional information which may assist you in making an informed choice of your litigation solicitor here.

Litigation and Dispute Team

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