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How to deal with a dispute arising from an indemnity

As a business owner you may well have been given the benefit of an indemnity in any of your commercial agreements.  Indemnities can be a valuable method of obtaining some…

Read article

Brendan Herbert

Partner — Dispute Resolution

Direct dial: 01202 377810

Email

Brendan Herbert
  • “Brendan has been really great on a whole range of professional negligence issues. I highly recommend him.”

    Cressida Granger, Perspex Pension Fund/Mathmos Ltd

  • “Brendan is an excellent support and shows empathy when dealing with difficult situations. He explains clearly costs and possible outcomes and makes me feel like I have somebody on my team.”

    Jacqueline Entwistle

  • “Always professional and prompt on a wide range of legal matters.”

    Matthew Hornsby

Brendan has a BSc in Zoology and Psychology from the University of Liverpool, and went on to obtain his Post Graduate Diploma in Law, and Legal Practice Course at the College of Law (now the University of Law), in Chester.  Brendan completed his training with a national firm in Manchester and London, and was admitted as a solicitor in 2005.

Brendan is part of our Dispute Resolution Team, working with both private individuals and businesses to either avoid or resolve disputes. With over 10 years experience he has helped clients deal with a wide variety of issues from professional negligence claims and breach of contract disputes, to more specialist areas including construction disputes, intellectual property work, licensing applications and inheritance claims.

Brendan has a very approachable manner, and places great importance on client relationships. He enjoys tackling all matters directly, and always looks to provide clients with practical, cost-effective solutions. Outside of work Brendan runs a hugely successful music festival in the Cotswolds.

When he is not knee-deep in mud at a festival, he enjoys travelling (especially in Africa, where he worked as a safari camp manager for a year),  golf, photography and getting out and about in the Dorset countryside.

To find out more about Brendan being described in the 2021 Legal 500 as a ‘Next Generation Partner’ and what this means to him here;

Related articles

How to deal with a dispute arising from an indemnity

As a business owner you may well have been given the benefit of an indemnity in any...

Read Article

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Avoiding disputes with distributors

Selling your goods in a new and unfamiliar market can be a risky and costly venture, but...

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broken contract

What can you do if your supply contract is terminated without your agreement?

As a supplier you rely on the contractual relationships with your customers for many reasons.  As well as helping to forecast the income stream for your business, you need to…

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Brendan Herbert

Partner — Dispute Resolution

Direct dial: 01202 377810

Email

Brendan Herbert
  • “Brendan has been really great on a whole range of professional negligence issues. I highly recommend him.”

    Cressida Granger, Perspex Pension Fund/Mathmos Ltd

  • “Brendan is an excellent support and shows empathy when dealing with difficult situations. He explains clearly costs and possible outcomes and makes me feel like I have somebody on my team.”

    Jacqueline Entwistle

  • “Always professional and prompt on a wide range of legal matters.”

    Matthew Hornsby

Brendan has a BSc in Zoology and Psychology from the University of Liverpool, and went on to obtain his Post Graduate Diploma in Law, and Legal Practice Course at the College of Law (now the University of Law), in Chester.  Brendan completed his training with a national firm in Manchester and London, and was admitted as a solicitor in 2005.

Brendan is part of our Dispute Resolution Team, working with both private individuals and businesses to either avoid or resolve disputes. With over 10 years experience he has helped clients deal with a wide variety of issues from professional negligence claims and breach of contract disputes, to more specialist areas including construction disputes, intellectual property work, licensing applications and inheritance claims.

Brendan has a very approachable manner, and places great importance on client relationships. He enjoys tackling all matters directly, and always looks to provide clients with practical, cost-effective solutions. Outside of work Brendan runs a hugely successful music festival in the Cotswolds.

When he is not knee-deep in mud at a festival, he enjoys travelling (especially in Africa, where he worked as a safari camp manager for a year),  golf, photography and getting out and about in the Dorset countryside.

To find out more about Brendan being described in the 2021 Legal 500 as a ‘Next Generation Partner’ and what this means to him here;

Related articles

How to deal with a dispute arising from an indemnity

As a business owner you may well have been given the benefit of an indemnity in any...

Read Article

shaking hands

Avoiding disputes with distributors

Selling your goods in a new and unfamiliar market can be a risky and costly venture, but...

Read Article

funding

Third party litigation funding options for a business dispute

If your business is embroiled in a dispute, then tough decisions will need to be made. Taking a claim to court, or defending a claim brought against you, can be…

Read article

Brendan Herbert

Partner — Dispute Resolution

Direct dial: 01202 377810

Email

Brendan Herbert
  • “Brendan has been really great on a whole range of professional negligence issues. I highly recommend him.”

    Cressida Granger, Perspex Pension Fund/Mathmos Ltd

  • “Brendan is an excellent support and shows empathy when dealing with difficult situations. He explains clearly costs and possible outcomes and makes me feel like I have somebody on my team.”

    Jacqueline Entwistle

  • “Always professional and prompt on a wide range of legal matters.”

    Matthew Hornsby

Brendan has a BSc in Zoology and Psychology from the University of Liverpool, and went on to obtain his Post Graduate Diploma in Law, and Legal Practice Course at the College of Law (now the University of Law), in Chester.  Brendan completed his training with a national firm in Manchester and London, and was admitted as a solicitor in 2005.

Brendan is part of our Dispute Resolution Team, working with both private individuals and businesses to either avoid or resolve disputes. With over 10 years experience he has helped clients deal with a wide variety of issues from professional negligence claims and breach of contract disputes, to more specialist areas including construction disputes, intellectual property work, licensing applications and inheritance claims.

Brendan has a very approachable manner, and places great importance on client relationships. He enjoys tackling all matters directly, and always looks to provide clients with practical, cost-effective solutions. Outside of work Brendan runs a hugely successful music festival in the Cotswolds.

When he is not knee-deep in mud at a festival, he enjoys travelling (especially in Africa, where he worked as a safari camp manager for a year),  golf, photography and getting out and about in the Dorset countryside.

To find out more about Brendan being described in the 2021 Legal 500 as a ‘Next Generation Partner’ and what this means to him here;

Related articles

How to deal with a dispute arising from an indemnity

As a business owner you may well have been given the benefit of an indemnity in any...

Read Article

shaking hands

Avoiding disputes with distributors

Selling your goods in a new and unfamiliar market can be a risky and costly venture, but...

Read Article

company boardroom table

How can a business remove a troublesome shareholder?

There are many reasons why shareholders fall out. Most companies in the UK are small owner-managed businesses, which are family businesses or have been started out by friends with a…

Read article

Brendan Herbert

Partner — Dispute Resolution

Direct dial: 01202 377810

Email

Brendan Herbert
  • “Brendan has been really great on a whole range of professional negligence issues. I highly recommend him.”

    Cressida Granger, Perspex Pension Fund/Mathmos Ltd

  • “Brendan is an excellent support and shows empathy when dealing with difficult situations. He explains clearly costs and possible outcomes and makes me feel like I have somebody on my team.”

    Jacqueline Entwistle

  • “Always professional and prompt on a wide range of legal matters.”

    Matthew Hornsby

Brendan has a BSc in Zoology and Psychology from the University of Liverpool, and went on to obtain his Post Graduate Diploma in Law, and Legal Practice Course at the College of Law (now the University of Law), in Chester.  Brendan completed his training with a national firm in Manchester and London, and was admitted as a solicitor in 2005.

Brendan is part of our Dispute Resolution Team, working with both private individuals and businesses to either avoid or resolve disputes. With over 10 years experience he has helped clients deal with a wide variety of issues from professional negligence claims and breach of contract disputes, to more specialist areas including construction disputes, intellectual property work, licensing applications and inheritance claims.

Brendan has a very approachable manner, and places great importance on client relationships. He enjoys tackling all matters directly, and always looks to provide clients with practical, cost-effective solutions. Outside of work Brendan runs a hugely successful music festival in the Cotswolds.

When he is not knee-deep in mud at a festival, he enjoys travelling (especially in Africa, where he worked as a safari camp manager for a year),  golf, photography and getting out and about in the Dorset countryside.

To find out more about Brendan being described in the 2021 Legal 500 as a ‘Next Generation Partner’ and what this means to him here;

Related articles

How to deal with a dispute arising from an indemnity

As a business owner you may well have been given the benefit of an indemnity in any...

Read Article

shaking hands

Avoiding disputes with distributors

Selling your goods in a new and unfamiliar market can be a risky and costly venture, but...

Read Article

Resolving a dispute about the breach of a contractual warranty or indemnity   

Warranties and indemnities are routinely included in commercial agreements. Their aim is to provide a right of redress where representations or contract-critical information has been provided by one party to…

Read article

Brendan Herbert

Partner — Dispute Resolution

Direct dial: 01202 377810

Email

Brendan Herbert
  • “Brendan has been really great on a whole range of professional negligence issues. I highly recommend him.”

    Cressida Granger, Perspex Pension Fund/Mathmos Ltd

  • “Brendan is an excellent support and shows empathy when dealing with difficult situations. He explains clearly costs and possible outcomes and makes me feel like I have somebody on my team.”

    Jacqueline Entwistle

  • “Always professional and prompt on a wide range of legal matters.”

    Matthew Hornsby

Brendan has a BSc in Zoology and Psychology from the University of Liverpool, and went on to obtain his Post Graduate Diploma in Law, and Legal Practice Course at the College of Law (now the University of Law), in Chester.  Brendan completed his training with a national firm in Manchester and London, and was admitted as a solicitor in 2005.

Brendan is part of our Dispute Resolution Team, working with both private individuals and businesses to either avoid or resolve disputes. With over 10 years experience he has helped clients deal with a wide variety of issues from professional negligence claims and breach of contract disputes, to more specialist areas including construction disputes, intellectual property work, licensing applications and inheritance claims.

Brendan has a very approachable manner, and places great importance on client relationships. He enjoys tackling all matters directly, and always looks to provide clients with practical, cost-effective solutions. Outside of work Brendan runs a hugely successful music festival in the Cotswolds.

When he is not knee-deep in mud at a festival, he enjoys travelling (especially in Africa, where he worked as a safari camp manager for a year),  golf, photography and getting out and about in the Dorset countryside.

To find out more about Brendan being described in the 2021 Legal 500 as a ‘Next Generation Partner’ and what this means to him here;

Related articles

How to deal with a dispute arising from an indemnity

As a business owner you may well have been given the benefit of an indemnity in any...

Read Article

shaking hands

Avoiding disputes with distributors

Selling your goods in a new and unfamiliar market can be a risky and costly venture, but...

Read Article

Charlotte Mitchell

Charlotte Mitchell

Charlotte is a Commercial/Contracts lawyer and is Bournemouth born and bred. Having gained experience working both in top regional firms and In-House for a FTSE 100 Plc, an AIM listed national IT company…

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company boardroom table

Resolving a shareholder dispute about company strategy

For a business to grow and prosper, it is vital that the people at the helm get on and have a shared vision about key issues of strategic importance. Where…

Read article

Brendan Herbert

Partner — Dispute Resolution

Direct dial: 01202 377810

Email

Brendan Herbert
  • “Brendan has been really great on a whole range of professional negligence issues. I highly recommend him.”

    Cressida Granger, Perspex Pension Fund/Mathmos Ltd

  • “Brendan is an excellent support and shows empathy when dealing with difficult situations. He explains clearly costs and possible outcomes and makes me feel like I have somebody on my team.”

    Jacqueline Entwistle

  • “Always professional and prompt on a wide range of legal matters.”

    Matthew Hornsby

Brendan has a BSc in Zoology and Psychology from the University of Liverpool, and went on to obtain his Post Graduate Diploma in Law, and Legal Practice Course at the College of Law (now the University of Law), in Chester.  Brendan completed his training with a national firm in Manchester and London, and was admitted as a solicitor in 2005.

Brendan is part of our Dispute Resolution Team, working with both private individuals and businesses to either avoid or resolve disputes. With over 10 years experience he has helped clients deal with a wide variety of issues from professional negligence claims and breach of contract disputes, to more specialist areas including construction disputes, intellectual property work, licensing applications and inheritance claims.

Brendan has a very approachable manner, and places great importance on client relationships. He enjoys tackling all matters directly, and always looks to provide clients with practical, cost-effective solutions. Outside of work Brendan runs a hugely successful music festival in the Cotswolds.

When he is not knee-deep in mud at a festival, he enjoys travelling (especially in Africa, where he worked as a safari camp manager for a year),  golf, photography and getting out and about in the Dorset countryside.

To find out more about Brendan being described in the 2021 Legal 500 as a ‘Next Generation Partner’ and what this means to him here;

Related articles

How to deal with a dispute arising from an indemnity

As a business owner you may well have been given the benefit of an indemnity in any...

Read Article

shaking hands

Avoiding disputes with distributors

Selling your goods in a new and unfamiliar market can be a risky and costly venture, but...

Read Article

legal 500 logo

Laceys endorsed for 7 specialisms in the 2023 Legal 500

Laceys have once again been recommended across seven of the firm’s specialist legal areas in the 2023 edition of the Legal 500, the client’s guide to leading law firms in…

Read article

Sam Burnand

Marketing Manager — Marketing

Direct dial: 01202 377882

Email

Sam Burnand

“I’ve been working with Sam for a couple of years on a very wide range of marketing communications. Sam has a natural attention to detail and a refreshing attitude to the work we’ve collaborated on. The launch of the new Laceys site is now the benchmark for the brand and business offering. Sam has been at the heart this journey and has been a key driver for the consistency any strong brand should have. It’s exciting to be working with a solicitor’s firm that really understands their vast audience.”

Jamie Shanks, Green Tambourine

Sam joined Laceys back in 2015 to help look after the marketing for the firm. Her role includes managing branding, website content, events, advertising and social media for Laceys.

Before joining Laceys Sam worked for over 10 years in several marketing agencies in London, managing client projects across different sectors, ranging from Coca Cola to the Department of Health. Having grown up in Poole herself, Sam and her family took the decision to move back to the South Coast a few years ago to bring up their young children.

Outside of work, Sam is a keen racquetball and tennis player and getting out on her bike to the Purbecks when time allows. She is also partial to a good glass of wine and dance when the opportunity arises!

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New partner, Alison Lloyd, strengthens Laceys Private Client team

Laceys has recently welcomed Alison Lloyd as Partner to its Private Client team, based in Bournemouth. Alison...

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New Associate strengthens Laceys Commercial Property team 

Laceys Solicitors welcomes a new Associate, Charlotte Dollimore, to its commercial property team, based in Bournemouth. Charlotte,...

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crowd at a festival

NOEA and Laceys Solicitors Q&A Twitter Hour Summary

The National Outdoor Events Association (NOEA) and Laceys Solicitors hosted a Twitter Q&A on Thursday 2nd April for event professionals looking for legal advice, specifically around matters covering dispute and…

Read article

Sam Burnand

Marketing Manager — Marketing

Direct dial: 01202 377882

Email

Sam Burnand

“I’ve been working with Sam for a couple of years on a very wide range of marketing communications. Sam has a natural attention to detail and a refreshing attitude to the work we’ve collaborated on. The launch of the new Laceys site is now the benchmark for the brand and business offering. Sam has been at the heart this journey and has been a key driver for the consistency any strong brand should have. It’s exciting to be working with a solicitor’s firm that really understands their vast audience.”

Jamie Shanks, Green Tambourine

Sam joined Laceys back in 2015 to help look after the marketing for the firm. Her role includes managing branding, website content, events, advertising and social media for Laceys.

Before joining Laceys Sam worked for over 10 years in several marketing agencies in London, managing client projects across different sectors, ranging from Coca Cola to the Department of Health. Having grown up in Poole herself, Sam and her family took the decision to move back to the South Coast a few years ago to bring up their young children.

Outside of work, Sam is a keen racquetball and tennis player and getting out on her bike to the Purbecks when time allows. She is also partial to a good glass of wine and dance when the opportunity arises!

Related articles

New partner, Alison Lloyd, strengthens Laceys Private Client team

Laceys has recently welcomed Alison Lloyd as Partner to its Private Client team, based in Bournemouth. Alison...

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New Associate strengthens Laceys Commercial Property team 

Laceys Solicitors welcomes a new Associate, Charlotte Dollimore, to its commercial property team, based in Bournemouth. Charlotte,...

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signing a contract

Contracts. Choose your words carefully to avoid misinterpretation.

A significant proportion of legal disputes between parties involve the meaning of contracts made between them.  Often, the dispute concerns the meaning of standard terms which have been incorporated into…

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Rob Kelly

Senior Associate Solicitor — Dispute Resolution

Direct dial: 01202 377871

Email

Rob Kelly
  • “Rob Kelly has been absolutely exceptional in resolving this litigation and so thorough in everything and basically gave the opposition a masterclass of his work that he is so good at.”

    Paul Jeffcoate - Contentious Probate Client

  • “I have had the pleasure of working with several members of the team at Laceys regularly over a period of years. I found Rob Kelly in particular, who worked on a successful litigation case for me over a period of several years to be outstanding in all aspects of the work he undertook, and the manner in which he did it. I now consider him a friend. I would not - and have not - hesitated to recommend Laceys to my family and friends, and continue to use them for all legal matters.”

    Dan Collins

  • “ I just wanted to thank you for your great work on the professional negligence case and other cases you have represented Indian Ocean and Tiien through the last few years.”

    Mehdi Vahdati, Director and Proprietor - Indian Ocean (Bournemouth) Limited

  • “A case that was initially very straightforward became difficult and, for me, very frustrating. Rob Kelly's calm, lucid and very professional advice and planning were invaluable and led to a good outcome.”

    Don Young

  • “Their Fee Management was exemplary and the expertise provided by Rob was exactly what we required.”

    Sunseeker London Limited

  • “I've worked with a fair few lawyers over the years and Rob Kelly is the most on the ball and efficient lawyers I've ever come across. I'm looking forward to working together for many years to come.”

    Roger Woodall CEO - Diamond Sporting Group

Rob practices in two main, complimentary areas of work – contentious wills, probate and trust disputes, and property disputes.

Contentious wills, probate and trusts

More than half of Rob’s time is spent dealing with the contentious aspects of wills, probate and trusts, an area in which he has practiced continuously for over 20 years.  He advises and acts in disputes relating to wills and inheritance, trusts, the duties of trustees and personal representatives, and the administration of estate.

Rob’s practice embraces:

  • Personal representative and trustee disputes (including personal representative and trustee disagreements, removals / substitutions and alleged misconduct)
  • Disappointed beneficiary claims
  • Will disputes (where the validity of a will is challenged on the grounds of undue influence, lack of testamentary capacity, lack of knowledge and approval of the contents of a will, and fraudulent calumny)
  • Financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Proprietary estoppel claims
  • Disputes about the proper construction, and rectification, of wills
  • Caveats
  • Professional liability claims arising from the preparation of wills and trusts and the administration of estates

He has mediated (either as appointed mediator or as a representative) dozens of disputes involving contentious wills and probate issues.

Property disputes

The other side of Rob’s practice is contentious property work.  This embraces:

  • Residential and commercial landlord and tenant disputes
  • Disrepairs
  • Repairing covenants
  • Possession claims
  • Lease termination and lease forfeiture
  • Dilapidations
  • Service charge disputes
  • Interpretation and enforcement of leasehold covenants

Rob’s style is a mix of listening, asking (tough) questions, diplomacy and reality testing. He’s interested, flexible, and pragmatic. He offers a common sense, realistic approach to assist his clients in searching for solutions to their disputes and brings straight talking and integrity to his work.

Rob is a Solicitor. He successfully completed training as a mediator under the ADR Chambers / Harvard Law Project Scheme in June 2006 and is a member of the Civil Mediation Council.

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Over recent years, the courts have reported an increase in cases brought after a dispute has arisen...

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Post-judgment freezing injunctions and business expenses

Many businesses get involved with litigation and some may find themselves facing an order of the court to freeze their assets pending the outcome of a particular dispute.  These ‘freezing…

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Rob Kelly

Senior Associate Solicitor — Dispute Resolution

Direct dial: 01202 377871

Email

Rob Kelly
  • “Rob Kelly has been absolutely exceptional in resolving this litigation and so thorough in everything and basically gave the opposition a masterclass of his work that he is so good at.”

    Paul Jeffcoate - Contentious Probate Client

  • “I have had the pleasure of working with several members of the team at Laceys regularly over a period of years. I found Rob Kelly in particular, who worked on a successful litigation case for me over a period of several years to be outstanding in all aspects of the work he undertook, and the manner in which he did it. I now consider him a friend. I would not - and have not - hesitated to recommend Laceys to my family and friends, and continue to use them for all legal matters.”

    Dan Collins

  • “ I just wanted to thank you for your great work on the professional negligence case and other cases you have represented Indian Ocean and Tiien through the last few years.”

    Mehdi Vahdati, Director and Proprietor - Indian Ocean (Bournemouth) Limited

  • “A case that was initially very straightforward became difficult and, for me, very frustrating. Rob Kelly's calm, lucid and very professional advice and planning were invaluable and led to a good outcome.”

    Don Young

  • “Their Fee Management was exemplary and the expertise provided by Rob was exactly what we required.”

    Sunseeker London Limited

  • “I've worked with a fair few lawyers over the years and Rob Kelly is the most on the ball and efficient lawyers I've ever come across. I'm looking forward to working together for many years to come.”

    Roger Woodall CEO - Diamond Sporting Group

Rob practices in two main, complimentary areas of work – contentious wills, probate and trust disputes, and property disputes.

Contentious wills, probate and trusts

More than half of Rob’s time is spent dealing with the contentious aspects of wills, probate and trusts, an area in which he has practiced continuously for over 20 years.  He advises and acts in disputes relating to wills and inheritance, trusts, the duties of trustees and personal representatives, and the administration of estate.

Rob’s practice embraces:

  • Personal representative and trustee disputes (including personal representative and trustee disagreements, removals / substitutions and alleged misconduct)
  • Disappointed beneficiary claims
  • Will disputes (where the validity of a will is challenged on the grounds of undue influence, lack of testamentary capacity, lack of knowledge and approval of the contents of a will, and fraudulent calumny)
  • Financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Proprietary estoppel claims
  • Disputes about the proper construction, and rectification, of wills
  • Caveats
  • Professional liability claims arising from the preparation of wills and trusts and the administration of estates

He has mediated (either as appointed mediator or as a representative) dozens of disputes involving contentious wills and probate issues.

Property disputes

The other side of Rob’s practice is contentious property work.  This embraces:

  • Residential and commercial landlord and tenant disputes
  • Disrepairs
  • Repairing covenants
  • Possession claims
  • Lease termination and lease forfeiture
  • Dilapidations
  • Service charge disputes
  • Interpretation and enforcement of leasehold covenants

Rob’s style is a mix of listening, asking (tough) questions, diplomacy and reality testing. He’s interested, flexible, and pragmatic. He offers a common sense, realistic approach to assist his clients in searching for solutions to their disputes and brings straight talking and integrity to his work.

Rob is a Solicitor. He successfully completed training as a mediator under the ADR Chambers / Harvard Law Project Scheme in June 2006 and is a member of the Civil Mediation Council.

Related articles

Vespero. Scotland’s first ‘tequila’ launched – but there’s a sour twist…

Many of us remember the Tequila song, assuring us that tequila makes us happy (at least until...

Read Article

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The 5 most common causes of Wills disputes

Over recent years, the courts have reported an increase in cases brought after a dispute has arisen...

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Estate Agents Beware. Don’t lose out on commission over a lack of contract.

There has been a case in court (Wells v Devani (2016) EWCA Civ 1106) that highlights the importance of ensuring you have a written contract in place with the seller…

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Rob Kelly

Senior Associate Solicitor — Dispute Resolution

Direct dial: 01202 377871

Email

Rob Kelly
  • “Rob Kelly has been absolutely exceptional in resolving this litigation and so thorough in everything and basically gave the opposition a masterclass of his work that he is so good at.”

    Paul Jeffcoate - Contentious Probate Client

  • “I have had the pleasure of working with several members of the team at Laceys regularly over a period of years. I found Rob Kelly in particular, who worked on a successful litigation case for me over a period of several years to be outstanding in all aspects of the work he undertook, and the manner in which he did it. I now consider him a friend. I would not - and have not - hesitated to recommend Laceys to my family and friends, and continue to use them for all legal matters.”

    Dan Collins

  • “ I just wanted to thank you for your great work on the professional negligence case and other cases you have represented Indian Ocean and Tiien through the last few years.”

    Mehdi Vahdati, Director and Proprietor - Indian Ocean (Bournemouth) Limited

  • “A case that was initially very straightforward became difficult and, for me, very frustrating. Rob Kelly's calm, lucid and very professional advice and planning were invaluable and led to a good outcome.”

    Don Young

  • “Their Fee Management was exemplary and the expertise provided by Rob was exactly what we required.”

    Sunseeker London Limited

  • “I've worked with a fair few lawyers over the years and Rob Kelly is the most on the ball and efficient lawyers I've ever come across. I'm looking forward to working together for many years to come.”

    Roger Woodall CEO - Diamond Sporting Group

Rob practices in two main, complimentary areas of work – contentious wills, probate and trust disputes, and property disputes.

Contentious wills, probate and trusts

More than half of Rob’s time is spent dealing with the contentious aspects of wills, probate and trusts, an area in which he has practiced continuously for over 20 years.  He advises and acts in disputes relating to wills and inheritance, trusts, the duties of trustees and personal representatives, and the administration of estate.

Rob’s practice embraces:

  • Personal representative and trustee disputes (including personal representative and trustee disagreements, removals / substitutions and alleged misconduct)
  • Disappointed beneficiary claims
  • Will disputes (where the validity of a will is challenged on the grounds of undue influence, lack of testamentary capacity, lack of knowledge and approval of the contents of a will, and fraudulent calumny)
  • Financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Proprietary estoppel claims
  • Disputes about the proper construction, and rectification, of wills
  • Caveats
  • Professional liability claims arising from the preparation of wills and trusts and the administration of estates

He has mediated (either as appointed mediator or as a representative) dozens of disputes involving contentious wills and probate issues.

Property disputes

The other side of Rob’s practice is contentious property work.  This embraces:

  • Residential and commercial landlord and tenant disputes
  • Disrepairs
  • Repairing covenants
  • Possession claims
  • Lease termination and lease forfeiture
  • Dilapidations
  • Service charge disputes
  • Interpretation and enforcement of leasehold covenants

Rob’s style is a mix of listening, asking (tough) questions, diplomacy and reality testing. He’s interested, flexible, and pragmatic. He offers a common sense, realistic approach to assist his clients in searching for solutions to their disputes and brings straight talking and integrity to his work.

Rob is a Solicitor. He successfully completed training as a mediator under the ADR Chambers / Harvard Law Project Scheme in June 2006 and is a member of the Civil Mediation Council.

Related articles

Vespero. Scotland’s first ‘tequila’ launched – but there’s a sour twist…

Many of us remember the Tequila song, assuring us that tequila makes us happy (at least until...

Read Article

inheritance

The 5 most common causes of Wills disputes

Over recent years, the courts have reported an increase in cases brought after a dispute has arisen...

Read Article

New Rights for Policyholders to claim on late Insurance Claims

From 4th May 2017, the rights of policyholders to receive payment of their claims within a reasonable time have been strengthened. The Enterprise Act 2016 applies to every insurance policy…

Read article

Mark Timberlake

Managing Partner — Dispute Resolution

Direct dial: 01202 377863

Email

Mark Timberlake
  • “The advice Mark gave was very good value for money and the combination of strictly accurate legal advice and common sense were exactly what I needed.”

    Nick Stocks. Director, Spitfire Court Properties Ltd.

  • “Mark Timberlake is an exceptional solicitor. He has a huge depth of knowledge in his speciality and looks after his clients in a very kind and patient manner. Mark is unfailingly courteous and always a pleasure to deal with. I am always confident in any matter that Mark has dealt with.”

    Jane Balmforth

  • “We have had many years of top class professional advice and assistance in many respects of our property ownership. However great our worries initially, matters have been dealt with in a most professional manner and to our satisfaction.”

    Michael Filer, Bourne Court Consortium

Mark qualified as a solicitor in 1989 and since then has specialised in property and landlord and tenant disputes, possession and debt recovery in relation to both commercial and residential property. He has extensive experience in relation to issues involving blocks of flats including representation in the Property Chamber and the courts. He has also dealt with many commercial disputes, professional negligence and insolvency claims.

He has frequently given talks on the law as it affects managing agents through the Association of Residential Managing Agents and other groups.

He has been recommended for many years by the Legal 500 Guide to the Legal profession which has said that Mark ‘is very highly rated by clients’, ‘explains complex issues in understandable terms’ and ‘is excellent in really difficult situations’. 

Mark is married with 2 teenage children and at weekends can often be found on his boat which he sails competitively.

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