Dispute Resolution

The solicitors at MKB Law have many years of experience in acting for clients in a wide range of commercial disputes and claims for business and individuals. Our goal is to resolve a dispute for you or your business as quickly and cost efficiently as possible. Often this involves identifying the key strengths and weaknesses of a case at an early stage and exploring the possible of alternative dispute resolution (“ADR”).

Jonathan Jackson, Associate Director in our commercial litigation and dispute resolution team, is a certified mediator and is well placed to advise clients on the best forum for resolving disputes whether it be by mediation, negotiation or litigating a matter, relying on his, and MKB Law’s, extensive experience of the courts in Northern Ireland.

Our team can help with issues such as:

 Breaches of Contract
 Shareholder and Director Disputes
 Partnership Disputes
 Intellectual Property Infringement
 Defective Goods and Products
 Land and Property
Construction and Building Disptues

Judicial Review

Judicial review is an important “check and balance” in the Northern Ireland system. It provides scope for the challenge of a decision by a public authority on a number of grounds, principally: illegality, procedural impropriety, irrationality and breach of legitimate expectation.

MKB Law’s Dispute Resolution team has extensive experience and numerous recent successes in the field of judicial review, in particular in relation to:

Decisions to grant liquor licences;
Decisions to grant pharmaceutical licences;
Decisions in relation to educational placements or provisions for children.

Most basic forms of agreement between parties constitute a contract. Often disputes arise in relation to the validity of a particular term or agreement in general or questions arise over interpretation with the potential for significant detriment or benefit  being caused to the respective parties.

MKB Law has a vast array of experience in resolving contractual disputes to our clients’ satisfaction. Recent case examples include:

  • Recovering substantial damages for a local telecommunications business following breach of contract terms by a major network provider;
  • Recovering substantial damages for a sole trader denied commission on sales under a VAR (value added re-sale) agreement;
  • Successfully obtaining an emergency injunction and then a money judgement for a national business following breaches of a sales contract.

Shareholder Agreements are common in many incorporated companies and govern the shareholders’ obligations and benefits arising from a company and its performance.

Perhaps particularly at times of change and challenge to the economy like those we are currently experiencing , disputes often arise between those responsible for the ongoing s success of a company or who are set to benefit financially from it.

MKB Law’s litigation team has significant experience and a track record of success in resolving promptly, and at minimum cost, disputes between shareholders and directors. Recent case examples involve:

  • Successfully resolving a high value shareholder and directors dispute within a construction company with significant payments becoming due to our client;
  • Successfully resolving shareholder and director disputes in a number of IT start ups;
  • Successfully resolving a shareholder and directors dispute in a well-known local jewellery business.

Many businesses in Northern Ireland remain unincorporated and, rather, take the form of trading partnerships. Occasionally, a partnership deed or agreement is in place. However, in most instances the partnership is an informal “partnership at will”. These arrangements are governed and protected by the Partnership Act 1890. This Act, among other things, sets out the process for dissolving a partnership and for assessing the contribution of each partner upon dissolution.

MKB Law have significant experience in acting for trading partnerships and resolving disputes successfully, including for farming businesses and construction companies.

In our modern world, as a result of globalization and modern communication technology inspiring creativity, Intellectual Property Rights are particularly lucrative and wide ranging. MKB Law has significant experience and are adept at assisting clients in bringing and defending Intellectual Property Disputes.

Recent successful case examples include:

  1. Resolving a high value dispute with a major watch supplier involving allegations of intellectual property infringement;
  2. Resolving breach of confidence claims arising from the use by a trade competitor of our client’s original design;
  3. Successfully injuncting a concert promoter and venue to prevent infringement of our client’s IP rights.

MKB Law have successfully acted on many occasions for businesses who have obtained goods from suppliers which are defective or not fit for purpose. These have included claims arising from defective goods which have subsequently been sold and fitted to our clients’ customers’ homes.

MKB Law have significant experience and a track record of resolving disputes involving land and property. This is perhaps best highlighted by our success in the Court of Appeal case of CPS -v Bywater Capital Limited. Types of cases we regularly assist and resolve include:

  1. Business tenancy disputes;
  2. Dilapidations claims;
  3. Right of way and boundary disputes

MKB Law act for numerous clients arising from construction and building contracts, whether JCT contracts or other more informal contractual arrangements. We can provide expert and cost efficient advice and representation in adjudication, arbitral or court proceedings as required.

Gordon McElroy
Director
gmce@mkblaw.co.uk
028 9099 3111

Jonathan Jackson
Associate Director
jj@mkblaw.co.uk
028 9099 3121

Mollie Thompson
Trainee Solicitor
mt@mkblaw.co.uk
028 9099 3141

“We have used MKB a number of times over the years. Recently, we had an urgent matter needing attention. After reporting to Jonathan Jackson (7pm on a Friday) he contacted me on Saturday (non-working day) and acted quickly and smoothly to reach a conclusion within a matter of days. He really does go above and beyond to ensure we reach an amicable resolution in the shortest time possible whilst offering his expert advice along the way.”

Zaid Arshed

“We were recommended MKB Law through a friend. We couldn’t be happier with the service Jonathan Jackson and the Disputes team delivered and the way in which they handled our case. Jonathan went above and beyond for us, and achieved an outcome which we thought was never imaginable. We would definitely recommend this company and their eye for detail.”

Nicos Pizza and Pasta

Experienced

Our experience and expertise allow our team to provide an unrivalled service to all clients.

Personal

Our personal understanding ensures our clients are at the forefront of our services.

Flexible

Our team provides clear legal guidance to complement your business structure.

Specialised

Our clients span all industries, from technology to agriculture and hospitality to renewables.

Or please call us on 028 9024 2450 or email info@mkblaw.co.uk

MKB Law Solicitors Belfast is regulated by the Law Society of Northern Ireland. Content is copyright © MKB Law 2021. Terms & Conditions apply.