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The Commercial Department is headed by Partner, Michael Sandys, who has over 11 years' experience as a commercial lawyer. Together with Senior Partner David Kirwan, a Higher Court Advocate (Civil), and a team of qualified solicitors, we handle a wide range of commercial, corporate and general civil matters affecting individuals and businesses both large and small.

The Commercial Department offers a broad range of commercial services and is able to provide tailor-made agreements for your business as well as advice on various types of business arrangements and business disputes. The team is experienced in advising on matters involving intellectual property rights, media and libel, agency law, alternative dispute resolution, employment, insolvency, property and contractual disputes.

Intellectual Property

We have extensive experience of dealing with intellectual property matters across several industries including media, music, chemicals, engineering and information technology.

Development including collaboration and research

Identification and auditing of intangible rights

Protection (UK and worldwide)

Exploitation including use, management, licensing and transfer of copyright, design rights, patents, trade secrets, know how, confidential information, trade marks and brands

Defamation and Media

We offer expertise in dealing with all types of defamation claims, including libel, slander and malicious falsehood. Michael has acted for various organisations and high profile individuals in respect of such matters and has advised professionals such as teachers, as well as local newspapers such as the Manchester Evening News. 

His current case load includes a case brought by a professional regarding defamatory allegations made on BBC Watchdog as well as acting for Patricia Tierney in her case against the Sun Newspaper regarding a famous footballer. He is also acting for a local politician in a slander and libel case. Michael has special expertise in internet libel cases, one of his key cases being in relation to BBC News Online's defamatory story regarding Stephen Bennett and Starchaser Industries Ltd. 

He also has experience of media law in the context of publishing, fashion promotions and music contracts.  Michael is currently working with the ex-members of The Smiths on a new DVD about the band as well as Dave Roylance, composer of the Brookside theme tune.  In addition, Michael has managed licence agreements for a Liverpool produced film.

Commercial Agreements

We are able to provide tailor made written agreements for your business as well as advice on various types of business arrangements, including:

Agency and distribution

Supply contracts

Franchise

Sponsorship and merchandising

Joint venture

Terms and conditions of sale

Intellectual Property licenses and assignments

 

 

Commercial Disputes

We are experienced in acting for parties involved in business disputes. We pay particular regard to alternative dispute resolution, including mediation. Our aim is to find a speedy and cost effective solution.

We can act for parties involved in:

Contractual disputes

Computer/ IT disputes

Shareholder and partnership disputes

Breach of fidelity/fiduciary duties

Agency disputes

Defamation

Intellectual Property disputes

Product liability issues

Injunctive relief

Property disputes

Employment Law

Our team advises employers and employees with workplace issues. Employment law is increasingly complicated with new laws being introduced all the time.

Our comprehensive service includes:

Contracts of employment, policy documents and staff handbooks

Equal pay, discrimination, victimisation and harassment

Disciplinary, dismissal and grievance procedures

Maternity and parental rights

Working time

Pay, benefits and pensions

Trade Unions and industrial action

Transfers of Undertakings

Representation at Employment Tribunal proceedings and dispute resolution

Corporate

Whatever your stage of business life, we can help you make the right decisions. Whether you are planning a new enterprise, wanting to grow your business or contemplating selling up, we can guide you through the complex legal maze.

Insolvency and Personal Bankruptcy

It is a fact of business life that some companies or individuals will find themselves unprofitable,
short of cash or facing issues which threaten their future. We act for companies and individuals during insolvency proceedings, whether these are contentious or non-contentious.

By acting quickly and in close cooperation with a client's accountant, we focus our efforts on restructuring finances in an effort to avoid administration/receivership.

Competition

We are able to offer help on UK and EU competition law and to advise on the likely impact of such regulations on your business arrangements in order that you can take an informed view of your current business practices. We also advise on partnership law and other business structures.

Information & Communications Technology

Our team can provide written agreements as well as advice and support in relation to legal matters concerning IT services and your IT systems, whether in relation to supply or regulatory issues. Such matters may include:

Hardware and Software Contracts

Security

Consultancy, Development and Outsourcing

Advertising and Marketing Contracts

Data Protection

Website and Domain Name issues

E-Commerce and Distance Selling

 

 

Professional Negligence

Kirwans is a member of the Law Society Professional Negligence Panel. We act for claimants who have suffered loss due to the alleged negligence of any professionals, including lawyers, accountants and surveyors, as well as acting for defendants.

For more information, or to arrange a meeting, please call Michael Sandys on 0151 229 5600 or email him at msandys@kirwanssolicitors.co.uk.

 

 

Commercial Department Staff:

Liverpool

Michael Sandys – Partner & Head of Commercial Department

John Tuson – Partner & Head of Commercial Property Department

Michelle Stewart – Solicitor

Mallika Nair – Solicitor

Philip Gray – Trainee Solicitor

 

Moreton

David Kirwan – Senior Partner

 

 

A 6 th Floor, Martins Building, Water Street, Liverpool L2 3SX

T +44 151 229 5600 F +44 151 229 5601

A 363 Woodchurch Road, Prenton, Wirral CH42 8PE

T +44 151 608 9078 F +44 151 609 0030

A 236 Hoylake Road, Moreton, Wirral CH46 6AD

T +44 151 677 3433 F +44 151 641 8509