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free advice on a chalkboard

PART 1: Free advice but at what cost?

The case of Burgess and anor v Lejonvarn [2016] EWHC 40 (TCC) serves as a cautionary tale that even where a professional consultant renders services gratuitously, a tortious duty of…

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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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High Court Backing given to enforcement of adjudication awards.

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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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Adjudication is not the Wild West of dispute resolution.

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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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Ella Gould

Fundraising Initiatives.

Laceys Solicitors have managed to raise a very impressive £1600 for several charities over the last few months by carrying out various fundraising initiatives. Food was a common element of…

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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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Landlords’ options for enforcing commercial tenants’ obligations

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Do you know your charity’s rules? The importance of understanding and following your charity’s constitution.

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Edwina Bones

Associate — Corporate and Commercial

Direct dial: 01202 377824

Email

edwina bones

Edwina has returned to Laceys after working for Womble Bond Dickinson in Southampton and is an Associate within our Corporate and Commercial team. Edwina specialises in commercial contracts, intellectual property and charity law and has experience in drafting, negotiating and advising on a variety of agreements. Since qualifying in 2011, she has advised a range of businesses in various sectors. This includes a secondment working in-house for a well-known multi-national retailer.

Edwina has been listed in the Legal 500 as having an “incredible knowledge and a drive to do things right’. She enjoys getting to know a client’s business in order that she can provide tailored, practical advice.

Outside of work Edwina enjoys practising yoga, walking her energetic Labrador in the beautiful Dorset countryside and generally keeping active as well as spending quality time with her family and friends.

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Data Protection Day is here – time to review your policies?

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Your commercial contracts post-brexit – what to expect.

Like it or not, Brexit is now firmly on our horizons. Even if you forget the scaremongering headlines from the tabloids (The economy will crash! The world will no longer…

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Individuals being granted the right to compensation – are you ready for the latest changes in consumer law?

According to various consumer reports, the UK is fraught with underhand tradesmen, with the majority of the population having been the target of an “unfair commercial practice”. Research further suggests…

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Whose terms of business apply? How to win the battle of the contracts.

Allow me to describe a scenario that commercial lawyers see all too often. A business has invested considerable time and money in preparing their standard terms of business. After numerous…

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My word is my bond? Or is it? We take a look into contracts.

Wisdom often comes from experience but (dare I say it?) our elders were not always correct. Man may have been conducting business for centuries, and we have certainly learnt a…

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Changes to EU TM Law.

What you need to know about the latest changes to European trade mark law. EU legislators have certainly been keeping us lawyers busy of late. Consumer law has been dramatically…

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Why you should be telling people about your cookies.

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Data Protection: How to avoid fines.

Last year, the Information Commissioners Office (ICO)  annual report revealed that they enforced fines totalling over 1 million pounds for companies for non-compliance. Whereas historically the collection of data and…

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Unsure if doing a Trade Mark search is worth the effort? Read on….

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From 6 April 2017 additional inheritance tax relief is being made available in the form of the residence nil rate band (RNRB).  The Personal Representatives of anybody who dies on…

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Inheritance Tax – the importance of proper valuations.

Most of us are aware that the role of an Executor when appointed under a Will is to administer the estate of a deceased person, in other words, to collect…

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Deborah Pearce

Senior Associate — Private Client

Direct dial: 01202 377820

Email

Deborah Pearce
  • “Mrs Pearce helped me whilst going through my grief and explained everything in simple language and with sympathy and understanding.”

    Mrs Julie Teasdale

  • “Making a Will was not on the top of my "to do" list as I found the thought of it fairly daunting. But when I eventually contacted Laceys Solicitors the whole process from beginning to end was so easy. I felt totally supported by Deborah Pearce and was grateful for her professionalism, kindness and efficiency. The whole atmosphere at Laceys is very caring, friendly and comfortable. I highly recommend them.”

    Lin Vaughan

  • “Mrs Pearce was always helpful, pleasant to deal with and professional.”

    Sharon Barnett

Deborah is a Chartered Legal Executive who has worked in the Private Client department at Laceys for over 18 years.

Deborahs journey to Laceys started in 1985 when she qualified as a FILEX. She then undertook her Associateship in Taunton and completed her Fellowship in Poole.  Aside from a couple of years in Gibraltar, Deborah then gained valuable experience working for various local firms in their private client departments before joining Laceys in 2000.

She specialises in all areas of private client work, wills, powers of attorney, tax planning, Court of Protection, administration of estates, NHS Continuing Care, welfare benefits and all issues related to the elderly and infirm. She finds this area of law quite holistic – it is not just a matter of applying rules and regulations but organising a client’s affairs in such a way that they are made easier and clearer during what can be a very emotional and upsetting time.  Her work requires a very good and patient listening ear, bedside manner and sometimes a sense of humour but still achieving the client’s objectives on time.

When time permits she enjoys reading, cooking and relaxing by the Christchurch River but only when the sun shines! Travelling is a great hobby but there is never enough time to visit all. She has four stepchildren, four grandchildren plus a nephew and niece who help keep her busy at home!

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Kate Mansfield

Partner — Private Client

Direct dial: 01202 377853

Email

kate mansfield
  • “We have had the pleasure of Kate’s sensitive and unwavering professional support for a number of years. She has always been able to combine her deep expertise, with practical context and a tone of voice that gently escorts you through, often difficult decisions. We could not recommend Kate highly enough, both professionally and personally.”

    Simon Bennett

  • “Kate was extremely knowledgeable, straightforward to deal with as well as sympathetic during what was a difficult time. I felt in good hands!”

    Elisabeth Bonelli

  • “We were treated with respect and felt our wishes were taken in consideration. The patience shown in helping us understand the implications of decisions was outstanding.”

    Francesca Remix

  • “Very efficient and welcoming. Understood my access requirements and my unique concerns thoroughly.”

    Hannah Fielding (wheelchair user)

  • “Mrs Mansfield has been exemplary in every respect. She is an excellent listener and has the ability to explain complex issues patiently and emphatically. We are fortunate in having her as our legal adviser.”

    Neville Osrin

  • “Professional, always available for a phone enquiry. Always informed me as thing's progressed. Excellent company with very pleasant and helpful front of house. My sincere thanks.”

    Susan Dawn Godfrey

  • “Kate took the trouble to understand the particularities affecting my Will and found sensible ways of dealing with them.”

    Peter Andrews

Kate is a Partner in our Private Client Team and has 25 years’ experience in private client work, specialising in wills, tax planning and estate administration. Kate has worked in this area since she qualified and has assisted thousands of families and individuals.

Kate qualified as a solicitor in 1995 after obtaining a 2.1 in Law from the University of Kent. She completed her training contract with Laceys and became a partner in 2002.

Kate is a full member of the Society of Estate and Trust Practitioners (STEP) and sat on the STEP committee for 6 years. She has also taught on the Legal Executives course at Bournemouth & Poole College.

Kate enjoys the personal side of the work and the satisfaction of assisting the bereaved and families with complex affairs, whether it be complex financial aspects or those where a diplomatic hand is required. She prides herself on being able to explain the legal position in plain English.

Out of the office she enjoys keeping fit. She enjoys going to the gym and getting out into the Dorset countryside on her road bike. Cooking, particularly baking, is also a passion.

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Ella Gould

Senior Associate — Corporate and Commercial / Employment

Direct dial: 01202 377825

Email

Ella Gould, Solicitor in Laceys Corporate and Commercial team
  • “We believe Ella worked extremely hard to bring our sale to the satisfactory conclusion especially during the difficult Covid19 trading conditions. She worked late in evening to accommodate our needs. A real asset and credit for Laceys.”

    Brian Clemons

  • “Ella makes every process we deal with understandable and as straight forward as possible. I have not doubt she will remain our solicitor for many years.”

    Kelly West

  • “Corporate acquisitions never go quite as planned but Ella was always at the end of the phone and more than willing to chase up whatever was not forthcoming! A thorough and efficient service with plenty of good advice along the way!”

    Stuart Harding

  • “Commercial legal details can be a minefield to interpret and understand. Clear explanations are offered at every step and this provides confidence in the decision making process.”

    Martin Spooner

  • “Ella carried out the work for my business sale very efficiently, and always responded promptly. This was particularly important to me as I often required assistance quickly in order to progress matters within the given time frame.”

    Jon Dudley

Ella completed her Law LLB Hons degree at the University of Surrey graduating in 2013 and subsequently the LPC at the University of Law. Ella joined us to commence her training contract in 2014 and qualified into our corporate and commercial team in March 2016, now acting on a wide variety of corporate, commercial and employment matters ranging from local businesses to national companies.

Ella can assist with business and share transactions, shareholders’ agreements, drafting articles of association and other general company law matters. Ella also advises on employment law aspects predominantly in a corporate context. In particular, her work includes drafting and reviewing contracts of employment, providing assistance and advice on TUPE transfers, and other general employer advice.

Outside of work Ella enjoys going for long runs around Bournemouth and the Purbecks, skiing when the opportunity arises and making the most of the local beaches in the summer.

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Kate Mansfield

Partner — Private Client

Direct dial: 01202 377853

Email

kate mansfield
  • “We have had the pleasure of Kate’s sensitive and unwavering professional support for a number of years. She has always been able to combine her deep expertise, with practical context and a tone of voice that gently escorts you through, often difficult decisions. We could not recommend Kate highly enough, both professionally and personally.”

    Simon Bennett

  • “Kate was extremely knowledgeable, straightforward to deal with as well as sympathetic during what was a difficult time. I felt in good hands!”

    Elisabeth Bonelli

  • “We were treated with respect and felt our wishes were taken in consideration. The patience shown in helping us understand the implications of decisions was outstanding.”

    Francesca Remix

  • “Very efficient and welcoming. Understood my access requirements and my unique concerns thoroughly.”

    Hannah Fielding (wheelchair user)

  • “Mrs Mansfield has been exemplary in every respect. She is an excellent listener and has the ability to explain complex issues patiently and emphatically. We are fortunate in having her as our legal adviser.”

    Neville Osrin

  • “Professional, always available for a phone enquiry. Always informed me as thing's progressed. Excellent company with very pleasant and helpful front of house. My sincere thanks.”

    Susan Dawn Godfrey

  • “Kate took the trouble to understand the particularities affecting my Will and found sensible ways of dealing with them.”

    Peter Andrews

Kate is a Partner in our Private Client Team and has 25 years’ experience in private client work, specialising in wills, tax planning and estate administration. Kate has worked in this area since she qualified and has assisted thousands of families and individuals.

Kate qualified as a solicitor in 1995 after obtaining a 2.1 in Law from the University of Kent. She completed her training contract with Laceys and became a partner in 2002.

Kate is a full member of the Society of Estate and Trust Practitioners (STEP) and sat on the STEP committee for 6 years. She has also taught on the Legal Executives course at Bournemouth & Poole College.

Kate enjoys the personal side of the work and the satisfaction of assisting the bereaved and families with complex affairs, whether it be complex financial aspects or those where a diplomatic hand is required. She prides herself on being able to explain the legal position in plain English.

Out of the office she enjoys keeping fit. She enjoys going to the gym and getting out into the Dorset countryside on her road bike. Cooking, particularly baking, is also a passion.

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