Sydney Mitchell is recognised in the Top Tier of the Legal 500 and ‘punches above its weight’ for contentious and non-contentious matters. The firm is recognised for thoroughness and good commercial approach to cases.

Sydney Mitchell has again been recognised as a Tier 1 firm for its Contentious Wills and Probate work; handling a variety of high-value complex cases.

In total the firm has obtained recommendations in 13 areas of legal practice; Contentious Probate, Commercial Litigation, Debt Recovery, Insolvency and Corporate Recovery, Employment, Clinical Negligence, Personal Injury, Professional Negligence, Family, Personal Tax, Trusts and Probate, Health, Commercial Property and Property Litigation.

The firm’s clients have made some excellent comments on the work undertaken by the legal teams.

Div Singh, Senior Partner, Sydney Mitchell commented:

We have an excellent result again this year with the firm maintaining its ranking in Tier 1 for our Contentious Probate work.

We were especially pleased for some of our young solicitors Hayley–Jo Lockley and Preena Lal who have been recognised for their hard work and dedication. Our clients and referrers have made fantastic comments on the work we have undertaken including…

‘One of the strongest of the smaller city centre firms in commercial litigation’;  ‘experienced and sensible with sound judgement and a particular skill at negotiating very good deals…; ‘superstar and a joy to work with’; ‘very tenacious …’ ‘attention to detail and thorough approach’.

What more can you ask for than recommendations from your clients for the excellent service received for work undertaken by our legal teams.

The joint heads of the Dispute Resolution team, Dean Parnell and Kamal Majevadia were recognised for their high-value and complex claims undertaken with Dean recognised for his “technical knowledge that is second to none and is a solicitor you would want on your side’ and Kamal ‘… is very thorough and applies a good commercial approach to his cases’.

Leading Midlands Law firm Sydney Mitchell is ranked in 13 Legal 500 categories and has won Birmingham Law Firm of the Year 4 times in the last 9 years.

A full breakdown of the Sydney Mitchell recommendations and comments on Legal 500 are shown below.

West Midlands: Dispute resolution

Commercial litigation: Birmingham

Commercial litigation: Birmingham - ranked: tier 3

Sydney Mitchell LLP

Sydney Mitchell LLP is ‘one of the strongest of the smaller city centre firms in commercial litigation’, and thrives under the leadership of Dean Parnell, who is ‘very experienced and sensible, with sound judgement and a particular skill at negotiating very good deals for his clients’. Parnell is an experienced mediator and is also qualified to act as a supervising solicitor for search orders. The practice represented clients in a number of multimillion-pound claims and noted an increase in injunctive relief, SWAP claims, shareholder disputes and civil fraud. Kamal Majevadia, who co-heads the team with Parnell, has ‘good technical knowledge and is particularly good at insolvency, restructuring and financial professional negligence cases’.

Debt recovery

Debt recovery - ranked: tier 3

Sydney Mitchell LLP (Birmingham)

Sydney Mitchell LLP’s ‘very efficient’ team has a ‘light touch’ and is led by Kamal Majevadia, who is ‘adept at spotting the wood for the trees and combines this with a user-friendly sense of humour for very experienced officeholders such as liquidators, who are his staple clients’. Majevadia’s recent caseload includes acting on behalf of the administrators of Blakemores in relation to the collection of several large debts from former clients. Another name to note is insolvency specialist Leanne Schneider-Rose, who leads on debt recovery matters for business lenders such as AIB Group (UK) and West Bromwich Commercial. The practice also acts for secondary lenders on mortgage repossessions.

West Midlands: Finance

Insolvency and corporate recovery

Insolvency and corporate recovery - ranked: tier 3

Sydney Mitchell LLP (Birmingham)

Sydney Mitchell LLP’s practice offers ‘exceptional value for money’ and is also noted for its ability to ‘quickly grasp the instruction and work with the officeholder to implement (and refine as necessary) the strategy’. Practice head Leanne Schneider-Rose has a loyal following of lenders and insolvency practitioners, such as AIB Group and Smith & Williamson, and wins praise for her ‘attention to detail and thorough approach’. In one example, Schneider-Rose acted for a bankrupt in the Court of Appeal in a claim against receivers for breach of duty regarding a property owned by the bankrupt.

West Midlands: Human resources

Employment

Employment - ranked: tier 5

Sydney Mitchell LLP (Birmingham)

Sydney Mitchell LLP’s diverse practice ‘punches above its weight’. The practice acts for employers and individuals in contentious and non-contentious matters, and Birmingham-based team head Dean Parnell attracts praise for his ability to ‘focus on solutions rather than conflict for the sake of it’. He represented an individual in a complex disability discrimination and victimisation claim against their employer, as well as a shareholder who was dismissed on the grounds of gross misconduct following a health and safety audit. Jade Linton is ‘a superstar and a joy to work with’; she acted for an individual in sexual harassment and sex discrimination claims under the Equality Act 2010, which was complicated by the fact the claimant and respondent had previously been in a relationship. She also handled a whistleblowing claim brought by a high-ranked executive whose employment was terminated due to suspicions of fraudulent activity. Associate Tina Chander left the firm to join Wright Hassall LLP.

West Midlands: Insurance

Clinical negligence: claimant

Clinical negligence: claimant - ranked: tier 3

Sydney Mitchell LLP (Birmingham)

Sydney Mitchell LLP is ‘a small firm that really punches above its weight’, and clients rate it for ‘having the skills and knowledge to handle a vast array of negligence and personal injury matters’. Mike Sutton leads the clinical negligence practice; he ‘has an excellent manner with clients’ and his experience ‘allows him to focus on the key issues in the early stages of a case’. Sutton is representing the wife of a man who died of a pulmonary embolism following the hospital’s alleged failure to appropriately treat him during the post-operative recovery period. Stephen Jesson acted for a claimant seeking compensation in light of the alleged delay in diagnosis of cancer, and is acting in a group claim filed against a consultant urological surgeon for alleged improper treatment of prostate cancer.

Next generation lawyers

Stephen Jesson - Sydney Mitchell LLP

Personal injury: claimant

Personal injury: claimant - ranked: tier 3

Sydney Mitchell LLP (Birmingham)

Sydney Mitchell LLP acts for local clients on a wide range of personal injury work – much of which consists of multi-track claims – and ‘has a strong reputation in the West Midlands’. Team leader and ‘very tenacious lawyer’ Mike Sutton ‘does not shy away from difficult, complicated or messy cases’; he recently represented a man who suffered career-ending injuries following an accident at work, and acted on behalf of the family and financial dependents of a man killed by careless driving. Other key names include Stephen Jesson, who assisted an elderly client in her claim against a restaurant which allegedly failed to provide the duty owed by the manager to a disabled customer.

Professional negligence

Professional negligence - ranked: tier 4

Sydney Mitchell LLP (Birmingham)

Sydney Mitchell LLP handles high-value and complex claims regarding property and banking issues for clients such as Hertford Solutions and West Bromwich Building Society. The ‘commercially astuteDean Parnell has ‘technical knowledge that is second to none and is a solicitor you would want on your side’. He leads the practice with Kamal Majevadia, who is singled out for insolvency, restructuring and financial cases. Assistant solicitor Sundeep Bilkhu supports the partners with regards to negligence claims against solicitors and construction professionals, and recently represented a professional client in a case against his governing body for allegedly failing to adequately represent him in court resulting in significant liability costs. The ‘hardworking and responsive’ Preena Lal is also recommended.

West Midlands: Private client

Contentious trusts and probate

Contentious trusts and probate - ranked: tier 1

Sydney Mitchell LLP (Birmingham)

Sydney Mitchell LLP’s contentious trusts and probate team is based in Shirley and demonstrates ‘sound knowledge of the law, which it applies for the practical benefit of the client’. The team, led by Kamal Majevadia (who ‘is very thorough and applies a good commercial approach to his cases’) handled an Inheritance Act dispute in which a significant portion of the assets was held overseas. Solicitor Hayley-Jo Lockley supported the team in obtaining a grant of probate, forcing the removal of caveat and removing an individual from the deceased’s property, and led on the advice on the recovery of monies due to a client as per the deceased’s will. Tracy Creed is also a key contact.

Family: Birmingham
Family: Birmingham - ranked: tier 3

 

Sydney Mitchell LLP

At Sydney Mitchell LLP, Karen Moores leads the firm’s family team alongside Mauro Vinti, who works out of the Shirley office. The partners are supported by legal executive Jayne Gregg, who is ‘very positive and firm with her advice’. Recently, the team represented clients in the Birmingham family court in connection with financial remedy and child arrangement proceedings. Solicitor Teresa Mannion joined the firm in Shirley from Alsters Kelley LLP...

Personal tax, trusts and probate

Personal tax, trusts and probate - ranked: tier 2

Sydney Mitchell LLP (Birmingham)

Sydney Mitchell LLP’s clients find the wills, trusts and probate team, led by Tracy Creed, to be ‘extremely professional and efficient in all engagements and dealings’. The practice has substantial experience acting on behalf of vulnerable elderly clients in connection with care work and funding. Solicitor Ravinder Sandhu (whose ‘knowledge in this field is wide and deep’) recently assisted a client with the removal of an executor from an estate, and handled the administration of an estate according to a will, which was complicated by unclear paternity links and genealogical evidence. Clients also recommend ‘very good and helpful’ solicitor Nicholas Bennett, who is based in Shirley and acted for clients with regards to locating missing wills and applications for grants of probate.

West Midlands: Public sector

Health

Health - ranked: tier 3

Sydney Mitchell LLP (Birmigham)

Sydney Mitchell LLP’s public-sector healthcare practice is headed by Fahmida Ismail in Birmingham, closely supported by consultant Tony Harris, who splits his time between Birmingham and Shirley and acted for a retiring senior partner with regards to the cancellation of his GMS contract and the negotiation of his retirement agreement. Areas of expertise include advising on sales, acquisition and mergers of GP practices, partnership disputes, and LIFT and non-LIFT projects. Harris and Ismail recently advised on the changes to partnership agreements in the context of retiring and incoming partners and the re-mortgaging of freehold surgery premises through a complex borrowing scheme requiring safeguarding and indemnity clauses to protect each individual partner. In another mandate, Ismail oversaw the retirement of a GP partner who wished to remain an owner of the leasehold premises. Associates Stewart Coles and Roy Colaba recently represented a GP partnership in connection with the lease of its surgery premises, while Dean Parnell handled a commercial dispute between dentists working in the same practice where the relationship had completely broken down but a fee-sharing agreement remained.

West Midlands: Real estate

Commercial property: Birmingham

Commercial property: Birmingham - ranked: tier 5

Sydney Mitchell LLP

Sydney Mitchell LLP’s team includes the ‘knowledgeable, prompt and efficientStewart Coles, who has particular expertise in dealing with property transactions involving pension schemes, and regularly acts on behalf of SIPPs and SSASs on the purchase, sale and leasing of commercial premises. Coles also represents clients in the retail and hospitality sectors and in 2016 he advised investors on a number of hotel acquisitions. Head of practice Div Singh and finance specialist Fahmida Ismail are the other main contacts.

Property litigation

Property litigation - ranked: tier 6

Sydney Mitchell LLP (Birmingham)

At Sydney Mitchell LLP, senior solicitor Sundeep Bilkhu is a ‘good driving force’ for cases and continued to be particularly active in landlord and tenant issues for lenders and receivers: Bilkhu represented Hertford Solutions in enforcing a possession order against a tenant in occupation, and also acted for a receiver in obtaining vacant possession of a property following the borrower’s default of a legal charge. In other highlights, the team is defending Property Link Midlands in a claim alleging breach of a landlord repair covenant in a lease. Kamal Majevadia heads the practice.


 

21 lawyers are recommended in The Legal 500 United Kingdom 2017 editorial (listed below)

WEST MIDLANDS

Dispute resolution - Commercial litigation - Birmingham
- Dean Parnell
- Kamal Majevadia

Dispute resolution - Debt recovery
- Kamal Majevadia
- Leanne Schneider-Rose

Finance - Insolvency and corporate recovery
- Leanne Schneider-Rose

Human resources - Employment
- Dean Parnell
- Jade Linton

Insurance - Clinical negligence - claimant
- Mike Sutton
- Stephen Jesson

Insurance - Personal injury - claimant
- Mike Sutton
- Stephen Jesson

Insurance - Professional negligence
- Dean Parnell
- Kamal Majevadia
- Preena Lal
- Sundeep Bilkhu

Private client - Contentious trusts and probate
- Hayley-Jo Lockley
- Kamal Majevadia
- Tracy Creed

Private client - Family - Elsewhere in the West Midlands
- Jayne Gregg
- Karen Moores
- Mauro Vinti
- Teresa Mannion

Private client - Personal tax, trusts and probate
- Nicholas Bennett
- Ravinder Sandhu
- Tracy Creed

Public sector - Health
- Dean Parnell
- Fahmida Ismail
- Roy Colaba
- Stewart Coles
- Tony Harris

Real estate - Commercial property - Birmingham
- Div Singh
- Fahmida Ismail
- Stewart Coles

Real estate - Property litigation
- Kamal Majevadia
- Sundeep Bilkhu

Sydney Mitchell is recognised in the Top Tier of the Legal 500 and ‘punches above its weight’ for contentious and non-contentious matters. The firm is recognised for thoroughness and good commercial approach to cases.

Sydney Mitchell has again been recognised as a Tier 1 firm for its Contentious Wills and Probate work; handling a variety of high-value complex cases.

In total the firm has obtained recommendations in 13 areas of legal practice; Contentious Probate, Commercial Litigation, Debt Recovery, Insolvency and Corporate Recovery, Employment, Clinical Negligence, Personal Injury, Professional Negligence, Family, Personal Tax, Trusts and Probate, Health, Commercial Property and Property Litigation.

The firm’s clients have made some excellent comments on the work undertaken by the legal teams.

Div Singh, Senior Partner, Sydney Mitchell commented:

    We have an excellent result again this year with the firm maintaining its ranking in Tier 1 for our Contentious Probate work.

    We were especially pleased for some of our young solicitors Hayley–Jo Lockley and Preena Lal who have been recognised for their hard work and dedication. Our clients and referrers have made fantastic comments on the work we have undertaken including…

    ‘One of the strongest of the smaller city centre firms in commercial litigation’;  ‘experienced and sensible with sound judgement and a particular skill at negotiating very good deals…; ‘superstar and a joy to work with’; ‘very tenacious …’ ‘attention to detail and thorough approach’.

    What more can you ask for than recommendations from your clients for the excellent service received for work undertaken by our legal teams.

The joint heads of the Dispute Resolution team, Dean Parnell and Kamal Majevadia were recognised for their high-value and complex claims undertaken with Dean recognised for his “technical knowledge that is second to none and is a solicitor you would want on your side’ and Kamal ‘… is very thorough and applies a good commercial approach to his cases’.’

Leading Midlands Law firm Sydney Mitchell is ranked in 13 Legal 500 categories and has won Birmingham Law Firm of the Year 4 times in the last 9 years.

A full breakdown of the Sydney Mitchell recommendations and comments on Legal 500 are shown below.

Legal 500 2017 - Link - http://www.legal500.com/firms/3216/746

 

 

 

The NHS has admitted a second massive data loss with over 162,000 documents going missing, on top of 702,000 documents that are already known to have been lost in February 2017.

The revelation that even more records related to patients’ health have been lost came to light during a parliamentary inquiry into the loss of the original 702,000 documents. NHS managers have now admitted the loss of a further two tranches of missing medical papers, which has left MPs “dumbstruck”.

The latest lost documents are thought to include child protection notes treatment records and plans, drug plans and the results of various kinds of diagnostic tests. it is not yet known if the patients involved are at risk.

The National Audit Office found that NHS Shared Business Services (SBS), (the firm co-owned by the government that lost the documents) first recognised in January 2014 that patients may have come to harm as a result of what was at the time a fast-rising backlog of undelivered paperwork. However, despite staff raising concerns, the firm did not alert the department or NHS England until March last year – over two years later. SBS was then “obstructive and unhelpful” to NHS England in the inquiry it then instigated, the NAO found.

During an evidence session of the Commons public accounts committee, which is investigating the original data loss in February, Geoffrey Clifton-Brown, a Conservative committee member, said: “You tell us the bombshell that whilst on a trawl of local trusts you find another 12,000 and then you found another 150,000 [missing] items….Until you have sifted through them, you don’t know if there is a serious case out there where someone is dying because the notes haven’t been transferred…”

An NHS England spokesperson said: “These new cases have come to light as a result of our determination to leave no stone unturned and all these documents will be returned to GPs for clinical review where needed within the next 10 weeks. People should be reassured that despite reviewing over 97% of the records that SBS failed to process not a single case of patient harm has been identified.”

Adam Hodson, a specialist clinical negligence solicitor with the law firm, Sydney Mitchell, said, “This is another shocking revelation in what is already a very disturbing state of affairs for the NHS. Nearly a million patient documents have been lost, which has the potential to compromise the safety of thousands of patients. It is entirely feasible that this patients will come to harm as a result of this blunder, and the NHS must work quickly to rectify their mistakes to protect the public.”

If you are concerned by the content of this story or wish to discuss the medical treatment that you have received, please contact Adam Hodson on 0121 698 2200, email a.hodson@sydneymitchell.co.uk

Successful business partnerships ultimately depend on good relations being maintained between the partners but, if there is a falling out, a professionally drafted partnership agreement at least means that you know where you stand. The clear and unambiguous wording of one such document enabled the High Court to finally resolve a dispute concerning a family farming partnership.

The partnership initially comprised seven members. The agreement on which it was based set out in detail what was to happen if any of the partners resigned, died or otherwise ceased to be a partner. Outgoing partners had the benefit of a put option – they could give notice to the continuing partners, requiring the continuing partners to buy them out. Similarly, the continuing partners had the benefit of a call option – they could require outgoing partners to sell them their share of the business. In both instances, the price payable was to be fixed by an accountant.

Put options were exercised after two of the partners resigned and another died. The price payable by the continuing partners in each case was agreed. However, a dispute arose as to whether late payment had caused the relevant sums, initially payable by instalments, to become payable in a lump sum.

The agreement provided for 20% of the purchase price to be payable immediately to outgoing partners or their heirs, so long as they vacated any home that was owned by the partnership.  The remaining 80% was payable over a 10-year period, in 40 quarterly instalments.  However, the partnership agreement also provided that, if any of those instalments was in arrears by more than 21 days, the whole price would immediately become payable – this was called the “acceleration clause”.

In upholding claims brought by the two outgoing partners, and the executor of the estate of the other, the Court found on the evidence that the acceleration clause had been triggered and that they were entitled to receive full payment for their shares in the business immediately.  The acceleration clause was clear and unambiguous, was workable and, on the facts of the case, made commercial sense.

If the original partners had not had a partnership agreement, the disputes arising would undoubtedly have taken far longer to resolve, and the cost of resolution, in terms of lawyers’ fees would have been far greater, and maybe even have exceeded the total value of the business.

If you need any advice about partnership agreements, please contact Suzanna Patalong on 0121 698 2200 or s.patalong@sydneymitchell.co.uk. or Roy Colaba on 0121 698 2231 or r.colaba@sydneymitchell.co.uk

An NHS Trust given a second-chance by the Care Quality Commission (CGC) has been put back in special measures after it failed to address a number of serious problems.

The CGC first raised concerns about the Norfolk and Suffolk NHS Foundation Trust (NSFT) back in 2014, and in 2015 it was first put into special measures due to concerns for patient safety.

The NSFT was given the opportunity to address the failings and it was taken out of special measures in 2015.

However, the NSFT has now been placed into special measures for a second time because it had failed to ensure "unsafe environments were made safe".

The CQC’s critical findings were:

  • Concerns that "not all potential ligature risks" had been removed and there were concerns about the level of training in suicide prevention for staff
  • The NSFT board had not ensured that there were "sufficient staff to meet patients' needs safely"
  • There was "insufficient capacity to manage crisis at night". Alarmingly, Norwich crisis calls were diverted to a mobile after 21:00 and if the staff member was busy it diverted to a voicemail
  • A lack of availability of beds means patients did not "always receive the right care at the right time"
  • Being placed in “special measures” means a director will be attached to the trust to ensure the improvement plan is carried out.

*The NSFT Chief Executive, Julie Cave, said that the trust accepted the recommendations of the CQC report. “In short, we have not made enough significant improvements over the past year and that has resulted in this retrograde step in our CQC ratings and in our progress. For that we apologise to our staff, to our service users and carers, and to our stakeholders."

Adam Hodson, a clinical negligence solicitor at Sydney Mitchell, said,

For a Trust to be placed into special measures two times in as many years is unprecedented. Something is clearly going very wrong at the NSFT, but sadly this is indicative of a wider and deeper problem with the NHS more generally. Patients are being put at risk due to insufficient funding, inadequate staffing and lack of critical resources. Something has to change, otherwise it will be patients who will suffer the consequences.

If you are concerned with the medical treatment that you have received and would like to discuss matters, please contact Adam Hodson on 0121 698 2200, email a.hodson@sydneymitchell.co.uk

*Source: BBC news – 13 October 2017

Divorce is always stressful, but family lawyers aim to bring matters to a calm and sensible solution. In one case that underlined the advantages of level-headed legal advice, a husband who dispensed with it ended up with less than half of the marital assets and a heavy legal costs bill for his trouble.


The former couple, aged in their 60s, had been married for about nine years before their relationship came to an acrimonious end. He had repeatedly failed to comply with court orders requiring him to make full disclosure of his assets and had made numerous serious allegations against his ex-wife, including theft, fraud and money laundering, all of which were rejected by a judge. Rather than seeking assistance from a lawyer, he turned up to the hearing of the case accompanied by a lay representative, whom the judge excluded from the court for misbehaviour.

The marital assets were valued at about £380,000, of which the husband contended he should receive over 70 per cent. The judge accepted that a departure from equality was justified – but found that it was the wife who should receive the greater share in order to meet her reasonable needs. She was awarded more than 55 per cent of the available pot.

The modest value of the husband’s small business had been left out of account and that somewhat redressed the balance in his favour. Due to his litigation misconduct, however, the wife’s £21,285 legal costs were ordered to be paid out of the husband’s pension.

For further information on this article or other family matters, please contact Jayne Gregg on 0121 700 1400, email j.gregg@sydneymitchell.co.uk or complete speak to a member of our family team for help or advice on family and divorce matters.

When making planning decisions, local councillors are entitled to use common sense and local knowledge and it is not for judges to take a legalistic approach and second guess their conclusions. The Court of Appeal made that point in opening the way for conversion of a large apple storage barn into four executive homes.

There was no dispute that the development in open countryside conflicted with the local development plan. However, planning permission was granted in reliance on the recommendations of a planning officer. He had reported that the developer could in any event take advantage of permitted development rights to turn the barn into three new homes without the need for planning permission.

The developer also did not require the council’s consent to demolish and replace a bungalow on the land, so long as the building’s existing footprint was not exceeded. In those circumstances, the officer reported that it would be preferable to grant planning consent than to require the developer to carry out the project in a contrived and piecemeal manner in reliance on permitted development rights. A local objector’s challenge to the permission was rejected by the High Court.

In dismissing the objector’s appeal against that ruling, the Court of Appeal noted that the officer’s report conformed to the literal meaning of the permitted development rights and rejected claims that he had given the council flawed advice. Arguments that the officer had proceeded on the mistaken basis that the presumption in favour of sustainable development applied to the project also fell on fallow ground.

In giving guidance for the future, the Court emphasised that judges should avoid subjecting planning decisions to excessive legalistic analysis. Planning was a matter for local authorities and it was vital that councillors should be able to freely and fairly exercise their own judgment without undue interference by the courts. It was particularly undesirable that planning officers’ reports should be picked apart forensically.

If you are about to leave a let property or have a tenant that seeks to end its lease, for advice please contact Sundeep Bilkhu on 0121 698 2200 or email sundeep.bilkhu@sydneymitchell.co.uk

Sydney MItchell LLP help Talash Hotels Group expand their portfolioBirmingham law firm Sydney Mitchell LLP has aided Talash Hotels Group in their recent expansion with the purchase of Mercure Goldthorn Hotel, Wolverhampton.  The hotel was purchased from Aviva Investors for an undisclosed sum.

Brothers Sanjay and Ravi Kathuria are pleased with their latest acquisition commenting: 

The Mercure Goldthorn Hotel is an excellent hotel with great opportunities for development.  Geographically it fits into our existing portfolio perfectly, and we are excited about the potential for this hotel, and for the wider Wolverhampton area which will be seeing some major redevelopment in the coming years.

As the sixth acquisition in the last 13 months, we are pushing ahead to expand our portfolio and reach our target of 20 hotels by 2020.  Stewart Coles and Roy Colaba of Sydney Mitchell have been excellent throughout, and helped to make this a very smooth and successful transaction.

Sydney MItchell LLP help Talash Hotels Group expand their portfolioStewart Coles, an Associate in the Commercial Property team at the Birmingham office of Sydney Mitchell LLP commented:

It has been great to work with Sanjay and Ravi over the last few years and see them grow into what is now one of the most active and rapidly expanding hotel groups in the region.  We are delighted to have been able to assist them with their latest acquisition, and knowing the drive and ambition that they have I am confident that they will make a great success of this hotel, and that the group will continue to go from strength to strength.

Finance was provided by Allied Irish Bank (GB). Mark Duggan and Morgan Keating advising from Allied Irish Bank.

The Talash Hotels Group is based in Leamington Spa and now has 13 hotels in their portfolio.

 

Picture 1 – Roy Colaba, Associate Solicitor, Sydney Mitchell LLP; Sanjay and Ravi Kathuria Talash Hotels Group, Stewart Coles, Associate, Sydney Mitchell LLP

Picture 2 – Mark Duggan, Alied Irish Bank, Sanjay and Ravi Kathuria Talash Hotels Group, Stewart Coles, Associate, Sydney Mitchell LLP, Roy Colaba, Associate Solicitor, Sydney Mitchell LLP and Morgan Keating, Allied Irish Bank.

For further information, please contact:
Linda Heyworth, Senior Marketing Manager
Tel – 0121 746 3300   Mobile: 0777 279 5041
Email – l.heyworth@sydneymitchell.co.uk

About Sydney Mitchell:

Sydney Mitchell is a Midlands based award winning law firm, with offices in Birmingham City Centre, Sheldon and Shirley with additional facilities in Sutton Coldfield. Offering a range of specialist legal services for both businesses and individuals, Sydney Mitchell is listed in the Top Tier of the Legal 500, Lexcel accredited and won the Law Firm of the Year in 2015, 2014, 2013, 2011 and 2008 (5-15 partners) in the Birmingham Law Society Legal Awards.

The firm’s specialist teams include employment, commercial property, company and commercial services, litigation and insolvency. Private client teams include family law, residential property, dispute resolution and wills and probate, tax and trusts and personal injury.

About the Talash Group

The Talash Hotels Group offers a collection of thirteen individual character hotels in Warwickshire, Derbyshire, the West Midlands and the north-west.

The Directors care passionately about the business; providing hotel facilities and services through continued investment and delivering tailor made yet flexible, value for money services in all areas.

The Talash Group has been substantially invested in, with a highly creative philosophy which is profoundly evident when entering each property. The Talash Group own and operate hotels in Royal Leamington Spa, Coventry, Risley, Crewe, Wigan, Telford, Walsall and Wolverhampton. These centrally located hotels have strong travel links to all major areas both regionally and nationally.

Workplace accidents can have devastating consequences and, if they are caused by negligence, expert legal representation will make sure that you receive full compensation. In one case, an electrician who suffered catastrophic brain injuries due to a piece of faulty wiring has won the right to very substantial damages.

The man was working on a ceiling light fitting at commercial premises when he was electrocuted and suffered a cardiac arrest. He was thrown off a ladder and struck his head, sustaining severe head injuries. His cognitive deficits are such that he is classified as a protected party, incapable of managing his own affairs.

After specialist lawyers launched proceedings on his behalf, it was accepted that he had suffered a massive electric shock because the junction box to which the fitting was connected had been miswired. The High Court found that the error had been made eight years previously, when the fitting was originally installed. On that basis, the company that was responsible for the negligent installation bore 75 per cent of the liability for the accident.

The Court found that the remaining 25 per cent of liability rested on the man’s employer, in that there had been a negligent failure to pinpoint the fault during two previous safety inspections of electrical fittings at the premises. Arguments that the man was in part to blame for his own misfortune were rejected. The amount of his award remains to be assessed but is likely to be a seven-figure sum.

For further information on this article, please contact Mike Sutton on 0121 698 2200, email m.sutton@sydneymitchell.co.uk or fill in our online enquiry form.

For most people, their homes are their single biggest asset and that is one reason why it is always wise to have an independent solicitor present to witness signatures on property transactions. In one case in which that did not happen, a middle aged man’s sudden death triggered a bitter property dispute between his son and the ex-wife that he had not set eyes on for almost 20 years.

Following the man’s death, aged 55, he left his home to his son. However, soon afterwards, his ex-wife stepped forward and insisted that the house was hers. She had lost touch with him after moving abroad following their divorce. However, she said that she had paid the £8,000 deposit on the property when they bought it together in the 1980s. She claimed that she had picked out the house with her mother and had viewed it as a nest-egg for her future.

The property had been held jointly by the couple until, the year after their separation, it was transferred into his sole name. Before the First-tier Tribunal (FTT), however, she argued that her signature on the transfer was a forgery. As a joint tenant of the property, she claimed that it had passed to her in its entirety on her ex-husband’s death and thus did not form part of his estate.

After considering evidence from two handwriting experts, the FTT rejected the ex-wife’s forgery allegation. It noted that she had shown no interest in the house for 18 years and appeared to have comprehensively washed her hands of it. By agreeing to the transfer, she had walked free from the property and escaped the burden of the mortgage. The ruling opened the way for the son to inherit the property.

Please contact Adam Oleskow on 0121 746 3300, email a.oleskow@sydneymitchell.co.uk or fill in our online enquiry form.

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