it & ecommerce
Advances in technology mean that the way we do business is constantly changing. Most entities now have an online presence to enable transactions to be concluded electronically via the internet, and an increasing number of organisations are using bespoke software and IT solutions to support their service offering and to give them a competitive edge.
Such developments are exciting, but where a dispute arises with a customer or supplier that has an online or IT dimension, then the issues raised may be technically challenging and complex.
Our team of dispute resolution and litigation lawyers specialise in finding practical and commercially sensible solutions to domestic and cross-border IT and e-commerce disputes, and we have the expertise to support you whatever your size of business and whatever your sector.
We can help you to resolve e-commerce disputes relating to:
- online selling rules;
- online marketing and promotional activities;
- privacy and electronic communications;
- breach of data protection laws;
- online defamation and reputational damage;
- cybersecurity or cybersquatting;
- website infringement;
- online content;
- cross-border deliveries;
- intellectual property infringement; and
- breach of an e-commerce agreement.
We can also help you to resolve IT-related disputes about:
- software development;
- software licensing;
- software as a service (SaaS);
- website creation or hosting;
- support and maintenance obligations;
- domain names;
- online marketing and social media campaigns;
- hardware failure;
- system outages; and
- the interpretation and enforcement of IT agreements.
How do you approach the dispute resolution process?
Our aim is to always find a dispute resolution strategy that is right for you, bearing in mind:
- the seriousness of your dispute;
- the disruption and economic harm it is causing;
- what it is that you would ideally like to achieve;
- whether you want or need to keep your relationship with your supplier or customer intact; and
- how much time, money and effort you are willing commit.
We will usually concentrate our initial efforts in trying to resolve matters amicably – starting with correspondence and face-to-face or virtual meetings, and then proceeding to mediation or some other form of supported collaborative process if this would be helpful. Note that Guy Brooks in our team is a dual-qualified lawyer and CEDR accredited mediator.
Where input from an independent expert would be beneficial – for example, to help you and your opponent understand the view that a judge might be likely to take if your dispute ends up in court – then we may suggest that you consider applying to have an early neutral evaluation.
In other cases, there may be a contractual obligation on you to refer your dispute to arbitration or another type of dispute resolution process, agreed by you and your opponent in advance.
Finally, there may be occasions where the only option is to take your dispute to court, including where you require a legally binding declaration on your rights, where you need an injunction or freezing order, or where you have attempted to settle things but those attempts have failed.
How are you able to help with cross-border disputes?
We are members of Legal Counsel International (LCI), a trusted alliance of highly skilled and experienced lawyers based in 17 difference countries around the world and who we regularly work with on a collaborative basis to resolve disputes with an international dimension.
Member countries include the USA, Canada, China, Taiwan, Hong Kong, Japan, Malaysia, India, Israel, France, Germany, Italy, Spain, the Czech Republic, Portugal, the Netherlands and Russia.
Do you have any sector specialisms?
Our clients come from a range of sectors and industries, including:
- the IT sector, where we act for web developers, software houses, corporate IT departments and national technology, media and telecoms companies;
- the retail sector, where we act for high street brands and independent enterprises; and
- the manufacturing sector, where we act for a variety of regional and national companies.
Why choose Geoffrey Leaver Solicitors?
Our lawyers have a depth of understanding which means that the advice they give is informed, considered and tailored to meet your own unique aims and commercial objectives. We understand that the world of e-commerce and IT is fast changing and take a keen interest in ensuring that we remain abreast of developments, both here in the UK and abroad.
We have the expertise to deal with disputes that are both technically complex and which raise new, developing, or even previously untested areas of law.
What our clients say:
“Trevor Coward left no stone unturned in his efforts to get the best results for us.
‘’He projects a positive “can do” attitude that made me feel glad he was on our side rather than acting for the other party.”
Derek Stone, Tektronix Inc
For more information about how we can help, you can read testimonials from our dispute resolution clients
Chambers & Partners 2021 notes the team is well-respected and active on a wide range of contractual claims and commercial disputes, including unfair prejudice claims and fraud-related proceedings. Local and international clientele comes from a variety of industry sectors, and also includes private individuals and SMEs. One client commends the “proactive, engaging and considerate” nature of the team.
Chambers & Partners 2020 says ‘Well-respected team active on a wide range of contractual claims and commercial disputes, including unfair prejudice claims and fraud-related proceedings. Local and international clientele comes from a variety of industry sectors, and also includes private individuals and SMEs.’
Legal 500 2020 says ‘Geoffrey Leaver Solicitors LLP’s dispute resolution and litigation practice specialises in commercial property disputes, distribution and agency agreements, debt collection and director, shareholder and partnership disputes. Its work includes dealing with injunctions and freezing orders and work in areas such as insolvency, international trade and IT and e-commerce. Practice head Kenneth Stangoe, Trevor Coward, Guy Brooks and Richard Millard are the key contacts’
The Dispute Resolution & Litigation Team
Ken Stangoe Partner
Dispute Resolution & Litigation 01908 689307Ken is Head of the Department. He has over 20 years' experience as a commercial litigator, with a heavy focus on property disputes, including forfeiture actions and applications for relief, right of way disputes, rent recovery for commercial landlords, trusts of land, dilapidations claims, boundary disputes, rent and service charge recovery and lease renewal applications.
Richard Millard Managing Partner
Construction & Development 01908 689382Richard has over 20 years’ experience acting for clients in the construction industry, providing pragmatic advice to developers, contractors, sub-contractors, design and construction professionals, housing associations, smaller builders and homeowners.
Guy Brooks Partner
Dispute Resolution & Litigation 01908 689304Guy has more than 30 years’ experience in the legal profession and headed up the Commercial Litigation department of local firm Fennemores, before joining Geoffrey Leaver as joint head of the Dispute Resolution department in 2006. The Dispute Resolution department have been recognised by Legal 500 UK.
Trevor Coward Partner
Dispute Resolution & Litigation 01908 689311Trevor specialises in the closely connected fields of commercial litigation, partner/director disputes, insolvency, property litigation, and professional negligence. His background is one of broad experience across a wide range of commercial litigation. He is a member of Legal Counsel International, an alliance of lawyers in 17 countries.