Legal Updates

Sydney Mitchell is recognised in the Top Tier of the Legal 500 and is ‘commercially minded’, ‘quick off the mark’ and ‘one you would want on your side rather than against you’ for dispute resolution and commercial litigation matters.

Sydney Mitchell has again been recognised as a Tier 1 firm for its Contentious Wills and Probate work; with Kamal Majevadia handling a significant increase in contentious estates and ‘…is well-known for his expertise in advising estates with cross border assets and complex commercial and company share issues.’

In total the firm has obtained recommendations in 12 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, Commercial Property and Property Litigation.

Karen Moores, Senior Partner, Sydney Mitchell commented:

What another superb result this year for Sydney Mitchell, with the firm maintaining its ranking in Tier 1 for our Contentious Probate work with Kamal Majevadia and myself identified as within the elite ‘leading individuals’ in the Midlands”.  We are really pleased with the recognition and of course all of the support that we receive from our quality legal minds within the firm.

We also have Emma-Louise Hewitt noted as a rising star, heading up our employment team, plus we have 10 Lawyers recommended; many also receiving outstanding comments from clients including

‘quick to respond, accurate and concise advice’, ‘cuts to the chase and focus on the outcome...’ ‘quality and scope of work covered excellent’ and ‘…efficient litigation… able to handle legally and factually complex matters’, and ‘outstanding lawyer with an impressive legal brain coupled with exceptional emotional intelligence’.

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

Dean Parnell is recognised as '…a tough negotiator and always gets the best deal for his clients’ and ‘…Sydney Mitchell is regarded locally as punching well above its size, largely due to the expertise and personality of Dean Parnell.’

Karen Moores and the Family Team, are recognised as being ‘hardworking and conscientious… working cohesively and all members are helpful in handling your case or query efficiently.  Karen is ‘beyond capable… has a knack for seeing the issues… the necessary outcome and executing a strategy to get there but delivered in a highly personal, relaxed and ease setting manner’.

Leading Midlands Law firm Sydney Mitchell is ranked in 12 Legal 500 categories and has been short-listed in the Excellence Awards in London for 2019 and in the Solihull Chamber Awards for the Large Business of the Year.

www.sydneymitchell.co.uk

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

TOP-TIER FIRM RANKINGS

• West Midlands: Private client
  • Contentious trusts and probate

FIRM RANKINGS

• West Midlands: Dispute resolution
  • Commercial litigation: Birmingham
  • Debt recovery
• West Midlands: Finance
• Insolvency and corporate recovery
• Employment
• Clinical negligence: claimant
• Personal injury: claimant
• Professional negligence
• Family: Birmingham
• Personal tax, trusts and probate
• Commercial property: Birmingham
• Property litigation
• West Midlands: Human resources
• West Midlands: Insurance
• West Midlands: Private client
• West Midlands: Real estate

WEST MIDLANDS: DISPUTE RESOLUTION

COMMERCIAL LITIGATION: BIRMINGHAM

Commercial litigation: Birmingham - ranked: tier 4

Sydney Mitchell LLP

Sydney Mitchell LLP's skillset in litigation centres around contractual disputes and fraud claims. Dean Parnell - 'a lawyer that you want to be on your side rather than against you' - jointly leads the team and has broad experience in commercial litigation, with notable expertise in search orders. Fellow practice head Kamal Majevadia focuses on contentious trusts and estates.

Practice head(s):Dean Parnell; Kamal Majevadia

TESTIMONIALS

'A very good reputation as one of the better dispute resolution teams in the West Midlands. They place great importance on client service and making sure the right person is selected for the job.'

'A good combination of specialist intellectual property knowledge and general litigation experience.'

'This firm is regarded locally as punching well above its size, largely due to the expertise and personality of Dean Parnell.'

'Dean Parnell is an exceptional lawyer, but more importantly, he is an exceptional problem-solver. He is highly motivated, a clever tactician and a brilliant lateral thinker who can find a way through the most impenetrable of legal problems.'

'Dean Parnell would run a marathon for you if he felt it could make a difference.'

'Dean Parnell is definitely a lawyer that you want to be on your side rather than against you.'

'Dean Parnell is a highly respected dispute resolution solicitor. He is intelligent, engaging, commercial, thinks outside the box and always goes that extra mile.  He does his utmost to achieve the best result possible.'

DEBT RECOVERY

Debt recovery - ranked: tier 3

Sydney Mitchell LLP

Sydney Mitchell LLP's debt recovery disputes work is handled by Birmingham- based Leanne Schneider-Rose and Kamal Majevadia, who works from the firm's Shirley office. Schneider-Rose acts on matters relating to personal and commercial bankruptcies, while Majevadia is experienced in both insolvency and corporate recovery.

Practice head(s):Leanne Schneider-Rose; Kamal Majevadia

KEY CLIENTS

AIB

West Bromwich Commercial Limited

WORK HIGHLIGHTS

• Instructed by Goldhill Finance Limited to recover a shortfall in the sum of £130,000 on a loan following repossession and sale of a property over which the client held a legal charge.

WEST MIDLANDS: FINANCE

INSOLVENCY AND CORPORATE RECOVERY

Insolvency and corporate recovery - ranked: tier 3

Sydney Mitchell LLP

Sydney Mitchell LLP provides comprehensive advice to lenders, insolvency practitioners and trustees on a range of insolvency and bankruptcy issues, including the recovery and sale of assets and claims involving transactions defrauding creditors. Leanne Schneider-Rose is the key member of the practice.

Practice head(s):Leanne Schneider-Rose

TESTIMONIALS

'A balanced approach and quality legal advice.'

'Leanne Schneider-Rose will always respond quickly, giving accurate and concise advice.'

'Leanne Schneider-Rose works really hard for her clients and is focused on getting results. She is a pleasure to work with.'

'Very proactive, knowledgeable about insolvency and good to work with.'

KEY CLIENTS

AIB Group (UK) Plc

West Bromwich Building Society

Dains LLP

Poppleton & Appleby

FRP Advisory LLP

WORK HIGHLIGHTS

• Acting for lenders in cases involving the Land Registration Act 2002 to validate an otherwise invalid legal charge.
• Acting for the trustees in bankruptcy and advising upon the vesting of property assets in a bankruptcy estate subject to alleged trust issues.
• Dealing with applications under the Insolvency Act to defer the dissolution of a company from the company register.
• Advising a liquidator on the status of an inquorate Liquidation Committee and dealing with obtaining fee approval via an application to the court for directions.
• Advising a liquidator of a member's voluntary liquidation in respect of converting to a creditor's voluntary liquidation when new claims place the company into an insolvent position.

WEST MIDLANDS: HUMAN RESOURCES

EMPLOYMENT

Employment - ranked: tier 5

Sydney Mitchell LLP

Senior associate Emma-Louise Hewitt joined Sydney Mitchell LLP in September 2018 from Standley & Co Solicitors to become the new department head. Hewitt's team handles a mix of claimant and respondent matters, with recent work including whistleblowing cases, unfair dismissal claims, and matters involving disability discrimination and sexual harassment. Dean Parnell is another key member of the group, which acts for companies and senior employees.

Practice head(s):Emma-Louise Hewitt

Other key lawyers:Dean Parnell

TESTIMONIALS

'Responses were immediate and professional'.

'The firm gives practical no nonsense advice. It is not so big that its clients are just another number'.

'Dean Parnell is very knowledgeable, commercially minded and quick off the mark. He is a really tough negotiator and always gets the best deal for his clients'.

'Dean Parnell is a brilliant lawyer who naturally commands respect. He is analytical, a master tactician and a very bright individual. He has excellent attention to detail and is a very effective negotiator'.

'Emma-Louise Hewitt was very quick at putting my mind at ease on a very complex case'.

'Emma-Louise Hewitt is an outstanding employment lawyer. Emma is not only a great technical lawyer but one who has great empathy and compassion for her clients and I feel that she always go the 'extra mile' for them'.

'Emma-Louise Hewitt is conscientious, diligent and always keen to get the best result for her clients'.

'Emma-Louise Hewitt gives me practical advice that I can understand'.

'Emma-Louise Hewitt was brilliant in helping me achieve what I wanted out of my case'.

WORK HIGHLIGHTS

• Represented a client in a claim for race/religious discrimination, harassment and victimisation against one of the biggest insurance companies and obtained a large settlement.
• Represented a client in a claim for unpaid commission and obtained a favourable settlement.
• Succesfully assisted a client who was alleged to have committed a serious sexual assault on a fellow colleague - all allegations have been dropped and the client has returned to work following a police investigation and 4 months on suspension.
• Represented a client in a collective redundancy exercise.
• Represented a company in redundancy process.

Rising stars

Emma -Louise Hewitt - Sydney Mitchell LLP

WEST MIDLANDS: INSURANCE

CLINICAL NEGLIGENCE: CLAIMANT

Clinical negligence: claimant - ranked: tier 3

Sydney Mitchell LLP

Sydney Mitchell LLP handles the full range of clinical negligence claims, including cases involving negligent treatment and delays in diagnosing cancer. Other matters stem from cosmetic surgery, brain surgery and gastric bypass surgery. In addition, other claims are connected with laparoscopic cystectomy, dentistry and gynaecology. It predominantly represents local clients in claims against local hospitals. The head of the team is Mike Sutton.

Practice head(s):Mike Stutton

Other key lawyers:Adam Hodson; David Lydon

TESTIMONIALS

'The team is extremely thorough'.

'David Lydon is the most diligent and understanding solicitor I have ever met'.

'Adam Hodson is an outstanding lawyer who has an impressive legal brain coupled with exceptional emotional intelligence'.

WORK HIGHLIGHTS

• Acting in a complex case against four defendants involving a late diagnosis of spinal tuberculosis, with liability and causation disputed throughout and ultimately achieving a favourable settlement.
• Acting for a patient with oesophageal cancer who underwent surgery which was performed negligently and led to life-long and debilitating consequences.
• Advising on negligent medical treatment that was carried out by an urological surgeon to treat prostate cancer that was unsuitable and resulted in avoidable urological consequences.
• Advising on a  claim involving a new born child, where the failure of the trust to monitor the bilirubin levels and administer appropriate treatment resulted in brain injury.
• Acting in a claim involving an admitted 18 month delay in diagnosis of lymphoma but  the trust is disputing causation and is seeking to argue that the disease w

PERSONAL INJURY: CLAIMANT

Personal injury: claimant - ranked: tier 4

Sydney Mitchell LLP

Sydney Mitchell LLP advises local clients on matters involving very minor injuries (as a result of minor road traffic accidents) to accidents resulting in very serious injury. Practice head Mike Sutton is skilled at representing clients who have suffered injury as a result of accidents at work, on the road or any other public place.

Practice head(s):Mike Sutton

Other key lawyers:David Lydon; Adam Hodson

TESTIMONIALS

'David Lydon stands out as a very experienced, hands on and pragmatic practitioner who is very well able to handle substantial and high value claims across the range of personal injury cases'.

'Adam Hodson is very thorough and fights hard for his clients. He leaves no stone unturned and has superb attention to detail'.

WORK HIGHLIGHTS

• Representing a claimant in a high value claim where the claimant has had some fingers amputated as a result of a work accident and who is likely to require prosthetic fingers to improve appearance and function of hand.
• Acting in a claim for compensation for a pedestrian who was knocked over as a result of an accident involving an uninsured driver and who suffered a traumatic brain injury.
• Represented a client who suffered a brain injury as a result of a road traffic accident and whose claim was settled.
• Settled a claim for the claimant who was involved in a serious motorcycle accident who suffered a serious shoulder injury resulting in him being unable to return to his pre-accident employment.
• Acting in a  claim for a motorcyclist who suffered significant leg injury, described as a “de-gloving” injury and which required extensive surgical management.

PROFESSIONAL NEGLIGENCE

Professional negligence - ranked: tier 4

Sydney Mitchell LLP

Sydney Mitchell LLP handles a wide range of cases, including those involving  negligence by solicitors, surveyors, accountants and architects. Other matters concern negligent advice by valuers on property transactions. The team, which is co-led by Sundeep Bilkhu and Kamal Majevadia, advises individuals, companies and financial institutions.

Practice head(s):Sundeep Bilkhu; Kamal Majevadia

WORK HIGHLIGHTS

• Advised on the recovery of damages against a solicitor firm that failed to ensure that the client's lease was contracted out of the Landlord and Tenant Act 1954.
• Acting in a claim for damages for overvaluing a property, when connected individuals were committed of fraud in the Crown Court and received custodial sentences.
• Acting in a negligent claim against a valuer.
• Advising an individual on a claim arising out of  missing the limitation date for a claim under the Inheritance Act (family and Dependents) Act 1975.
• Advising on a claim for solicitors negligence and breach of a solicitors undertaking arising out of failing to obtain a first legal charge.

WEST MIDLANDS: PRIVATE CLIENT

CONTENTIOUS TRUSTS AND PROBATE

Contentious trusts and probate - ranked: tier 1

Sydney Mitchell LLP

Sydney Mitchell LLP has a thriving contentious probate department, which works closely with its busy private client department. It has recently witnessed a significant increase in the number of estates where there is a dispute relating to the ownership of private companies. Team head Kamal Majevadia is well-known for his expertise in advising on estates with cross-border assets, complex commercial and company share issues.

Practice head(s):Kamal Majevadia

Other key lawyers:Hayley-Jo Lockley; Chloe Bolton

TESTIMONIALS

'The team is experienced in contentious probate matters and is easy to deal with. They know their stuff'.

'Excellent team with an all-round attention to detail and a commercial, pragmatic approach'.

'Kamal Majevadia is a strong lawyer, practically astute and is always sensible and willing to reach a pragmatic solution'.

'Kamal Majevadia is very thorough and personable'.

'Kamal Majevadia applies a sound commercial approach to this litigation'.

' Hayley-Jo Lockley is experienced in this field and applies a good pragmatic approach to her cases'.

'Chloe Bolton is a very promising junior member of the team. Diligent, and a pleasure to work with'.

WORK HIGHLIGHTS

• Represented the executors in respect of a claim made by an only child of the deceased pursuant to the Inheritance (Provision for Family & Dependants) Act 1975 in respect of a large estate.
• Instructed on two claims, one by an adult son of the deceased to make a claim pursuant to the Inheritance (Provision for Family & Dependants) Act 1975 in relation to a large  estate, and one by the granddaughter of the deceased .
• Instructed by the claimant to bring a claim pursuant to the Trusts of Land and Appointment of Trustees Act 1996 for an order that the property she jointly owns with the defendant be sold, with an option for the  client to purchase the property.
• Instructed to issue a claim pronouncing against the validity of a will of the deceased.  
• Instructed by the clients in relation to a dispute regarding various parcels of farmland and to issue a claim pursuant to the Trust of Land and Appointment of Trustees Act 1996 for an order for sale of the farm land.

Leading individuals

Kamal Majevadia - Sydney Mitchell LLP

FAMILY: BIRMINGHAM

Family: Birmingham - ranked: tier 2

Sydney Mitchell LLP

Sydney Mitchell LLP has an excellent collaborative law practice, with it fielding three fully-qualified collaborative lawyers. Its group is well regarded in complex and high value financial remedy matters, complicated Children Act cases, as well as other areas, such as protective injunctions. It also has expertise in asset preservation by way of pre- and post-nuptial agreements. Karen Moores and Mauro Vinti jointly lead the team.

Practice head(s):Karen Moores; Mauro Vinti

Other key lawyers:Amanda Holland

TESTIMONIALS

'The team is unique in its ability to cut to the chase and focus on the outcome, but in a way that keeps clients constantly at ease'.

'The family team is extremely hardworking and conscientious. It works cohesively and all members are helpful in handling your case or query efficiently'.

'Karen Moores is beyond capable. She has a knack for seeing the issues, seeing the necessary outcome and executing a strategy to get there - but delivered in a highly personal, relaxed and ease setting manner'.

'Karen Moores is more than a solicitor she has been amazing in helping me through what has been one of the most difficult times of my life'.

'Karen Moores is an extremely capable and totally dedicated solicitor. Her clients are left in no doubt that her total focus is upon them and their case. She retains an infectious sense of enthusiasm for her work and goes the extra mile for each of her clients'.

'Amanda Holland explains things well at the beginning of the process in a clear way which really helps her clients'.

'Amanda Holland approaches cases on a collaborative basis but when needed can be a tough negotiator and litigator. She is very thorough in her case preparation and is able to get to the crux of the issue quickly'.

WORK HIGHLIGHTS

• Represented the client in financial remedy proceedings following a long separation and successfully negotiated an order which ring-fenced the husband’s pre and post acquired pension.
• Representing a father who is subject to a Sexual Harm Prevention Order in respect of an application to see his children.
• Representing the wife in financial remedy proceedings where she was the primary wage earner.
• Advising on a declaration of parentage case.
• Advising on Child Arrangements Order with  a foreign jurisdiction element.

Leading individuals

Karen Moores - Sydney Mitchell LLP

PERSONAL TAX, TRUSTS AND PROBATE

Personal tax, trusts and probate - ranked: tier 2

Sydney Mitchell LLP

Sydney Mitchell LLP's team has a wealth of experience of a wide range of private client matters, such as advice on succession planning for individuals and families (including small to medium-sized business owners). It has also recently had a significant increase in mandates from elderly clients, for whom the scope of the work includes advice on continuing health care (assessments and appeals), care placement and care funding. Tracy Creed leads the team.

Practice head(s):Tracy Creed

TESTIMONIALS

'What a great team! '.

'Tracy Creed is very thorough'.

WORK HIGHLIGHTS

• Advised on the administration of an estate with a mixture of beneficiaries, some of whom were chargeable and some were not chargeable to IHT.
• Prepared a submission for an appeal against an ‘ineligible’ decision for Continuing Healthcare.
• Advised on a complex estate and a deed of variation.
• Advised on a complex estate where poor advice had been given from previous firm of solicitors and accountants.
• Advising on an application for business property relief in an estate (Holiday let).

WEST MIDLANDS: REAL ESTATE

COMMERCIAL PROPERTY: BIRMINGHAM

Commercial property: Birmingham - ranked: tier 5

Sydney Mitchell LLP

Sydney Mitchell LLP assists Midlands-based private individuals, lenders, property developers and corporate occupiers with acquisitions, leasing, secured lending and development matters. Energy and leisure are among the practice's sector expertise. Richard Cox joined as a consultant from Shakespeare Martineau LLP in November 2018.

Practice head(s):Div Singh; Fahmida Ismail

Other key lawyers:Georgina Walsh

TESTIMONIALS

'The team is always engaging and looking for solutions in an easy-to-understand way.'

'The quality and scope of the work covered is excellent.'

PROPERTY LITIGATION

Property litigation - ranked: tier 5

Sydney Mitchell LLP

At Sydney Mitchell LLP, associate Sundeep Bilkhu advises landlords and tenants on a range of commercial and residential property issues, such as neighbour disputes, adverse possession claims, dilapidations claims against, repair covenants, unlawful evictions and collections of rent arrears. Kamal Majevadia handles trespass claims and fraudulent transfers of property.

Practice head(s):Kamal Majevadia; Sundeep Bilkhu

TESTIMONIALS

'Sydney Mitchell has an efficient litigation practice. They are able to handle legally and factually complex matters'

'The firm gives clear direction for the client's benefit'

'Associate Sundeep Bilkhu is always well prepared and thorough. He gives a full range of alternatives so the client can take appropriate action, explains legal terms to inform the client and gain understanding, and is able to hold strategic information until the appropriate time to gain maximum impact'

WORK HIGHLIGHTS

• Representing a client in a dispute with his neighbour, who was granted planning permission to build a two-storey house in his garden, which will impact the client's property.
• Advising a client on a land dispute relating to a claim for adverse possession of a parcel of land and a further application for first registration of certain unregistered land.

Please see below links for all areas covered in the Legal 500 to read more information about Sydney Mitchell LLP.

WEST MIDLANDS

Offices in Birmingham, Shirley, and Sheldon

• Dispute resolution : Commercial litigation: Birmingham
• Dispute resolution : Debt recovery
• Finance : Insolvency and corporate recovery
• Human resources : Employment
• Insurance : Clinical negligence: claimant
• Insurance : Personal injury: claimant
• Insurance : Professional negligence
• Private client : Contentious trusts and probate
• Private client : Family: Birmingham
• Private client : Personal tax, trusts and probate
• Real estate : Commercial property: Birmingham
• Real estate : Property litigation

West Midlands law firm, Sydney Mitchell has been short-listed in the medium size law firm of the year category at the Law Society Excellence Awards for the second year running. The medium law firm of the year category, which is open to all law firms in England & Wales with between 5 and 29 partners, is judged on matters such as professional excellence, staff engagement and development, business and client acquisitions.

Senior Partner, Sydney Mitchell LLP, Karen Moores commented,

We have had a fantastic year and it is wonderful that the Law Society has recognised our success by short-listing our firm in their national awards. It is also amazing to have been short-listed in these Awards for the second year running and I would like to thank all of our clients and staff for all of their support.

Sydney Mitchell is the only law firm based in the West Midlands within this category and so will be waving the flag for the West Midlands legal community at the Law Society Legal Excellent Awards ceremony which takes place in London on 23 October 2019.

The Law Society president Simon Davis said:

There are more than 140,000 solicitors in England and Wales – to be shortlisted for an Excellence Award is to be recognised as among the very best of the profession. The firms and solicitors shortlisted should be commended for going above and beyond to support their clients, often navigating tricky and sometimes contentious areas of the law.

Full details of all shortlisted ... https://www.lawsociety.org.uk/support-services/events/excellence-awards/shortlist/#

More details can be found on the Law Gazette article link ...

https://www.lawgazette.co.uk/news/shortlist-announced-for-13th-law-society-excellence-awards/5071160.article

On the 6 July a team of four intrepid climbers from Sydney Mitchell Solicitors will take on the Yorkshire 3 Peaks Challenge. 12 hours, 3 Peaks, 64 pairs of socks and an abundance of plasters, is in between them and victory.

They are taking on this gruelling challenge to raise funds for two worthy causes, Age UK Solihull and The Buddy Bag Foundation.

Age UK Solihull is a charity with a mission to improve the lives of older people within the Solihull Borough. Age UK Solihull provides many services including social clubs and befriending programmes to tackle feelings of isolation and loneliness many within the older generation are going through.

Please click on the following link to learn more: https://www.ageuk.org.uk/solihull/about-us/

The Buddy Bag Foundation provides comfort to children who enter emergency care after fleeing violent situations at home. Buddy bags help to restore a sense of safety and security into a child’s life during a traumatic time.

To learn more about The Buddy Bag Foundation click on the following link: https://buddybagfoundation.co.uk/our-mission/

To sponsor our “Peaky climbers” in their aim to raise money for these two charites please click on the link below and donate, all donations are welcome.

https://uk.virginmoneygiving.com/Team/PeakyClimbers-Sydneymitchell

Watch out for more information. Hour by hour coverage will be posted on the 6 July on our Facebook page @SydneyMitchellSolicitors

Our lawyers are recommended in The Legal 500 United Kingdom 2018 editorial (listed below)

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

Dispute resolution - Debt recovery
- Kamal Majevadia
- Hayley-Jo Lockley
- Gemma Parker

Finance - Insolvency and corporate recovery
- Leanne Schneider-Rose

Human resources - Employment
- Dean Parnell
- Samantha Glynn

Insurance - Clinical negligence - claimant
- Mike Sutton
- David Lydon
- Adam Hodson
-Stephen Jesson

Insurance - Personal injury - claimant
- Mike Sutton
- David Lydon
- Adam Hodson

Insurance - Professional negligence
- Sundeep Bilkhu

Private client - Contentious trusts and probate
- Kamal Majevadia (leading individual)
- Tracy Creed

Private client - Family - Birmingham
- Karen Moores
- Mauro Vinti

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

Public sector - Health
- Dean Parnell
- Fahmida Ismail
- Tony Harris (Deceased)

Real estate - Commercial property - Birmingham
- Georgina Walsh
- Div Singh
- Fahmida Ismail

Real estate - Property litigation
- Sundeep Bilkhu
- Kamal Majevadia

In an era of apparently ever-increasing property prices, many young people rely on the so-called ‘bank of mum and dad’ to help buy their first homes. In a ground-breaking decision, the High Court took that into account in awarding the three dependent sons of a road accident victim more than £200,000 in damages.

The twice-divorced father was aged 52 and had a son, aged 22, and twin boys, aged 12, when he was knocked off his motorbike by a car, suffering fatal injuries. The motorist’s insurers admitted liability for the accident on his behalf but disputed the amount of compensation due to the sons. The Court was therefore required to assess the financial value of their dependency on their father.

In ruling on the matter, the Court noted that the father was a self-employed project planner in the building industry who earned in the region of £55-60,000 annually. It was apparent from the evidence that he was a loving and generous father who took an active interest in the lives of his three children. Although his oldest son was an adult when he died, he had only just left university and was still to some extent financially dependent on his father.

Noting the difficulties that young people nowadays face in climbing onto the property ladder, the Court found that the father would have contributed to the cost of buying his sons’ first homes. He would, amongst other things, have given the boys presents and paid towards the cost of their holidays, birthday parties and weddings if they chose to get married. He would also have paid regular maintenance in respect of the twins and funded their continuing education, including driving tuition.

The total award in respect of the sons’ loss of dependency on their father came to £203,741. The Court awarded a further £10,765 to the father’s estate to reflect the pain and suffering he endured before his death and various costs, including funeral expenses.

For help or advice on this or other personal injury claim matter, please speak to David Lydon d.lydon@sydneymitchell.co.uk

Over 65 attended the Sydney Mitchell LLP ‘Movers & Shakers’ Midlands Networking event at Ginger’s Bar, Purnell’s Bistro in Newhall Street Birmingham.

Karen Moores, Partner said: “An excellent turnout; with many guests commenting on the relaxed atmosphere and the good cross–section of professionals joining in from the city. The food as always was superb; provided by Glyn Purnell and his team.”

Sydney Mitchell specialist teams include employment, commercial property, company and commercial services, litigation, insolvency, licensing and gambling law. Private client teams include family law, residential property, dispute resolution and wills and probate, tax and trusts and personal injury.

Pictures - link

A professionally drafted will is something every adult should have. Not only does it provide certainty as to who should inherit your possessions after your death, but it will also make things a lot easier for your executor at a time that is usually very stressful.

A recent case illustrates this point. It concerned the death of a man whose failure to make a will stating his intentions threatened to deprive his ex-wife and two children of their rightful inheritance when he died suddenly.

During the course of his first marriage, the man and his wife had lived modestly and worked hard to bring up their children and to establish a thriving family company. When they separated and divorced, however, he was the company's sole owner. After he remarried, the company was sold and he received a sum of almost £5.2 million, which was paid into his second wife's bank account.

Following the divorce, the man had maintained a good relationship with his first wife and their children. He promised that he would pay for them to be housed comfortably and that he would cover the costs of the children's private education. However, he had done neither of those things before his premature death.

His first wife and children launched proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 with a view to obtaining reasonable provision from his estate. A declaration was also sought that the proceeds of the company's sale fell into his estate.

The man's widow contested the case, however, on the basis that the millions he paid into her account were a non-returnable gift. It was also submitted that, as an American citizen, the man was not domiciled in the UK and the Act therefore had no application to the case.

Following negotiations, a settlement of the dispute was agreed whereby his first wife would receive money and property worth a total of about £1 million. A further £950,000 would be divided between the two children. In approving the settlement, the High Court noted that it properly reflected litigation risks and avoided the trauma of what would otherwise have been a hotly contested trial.

For help or advice on dispute matters, please speak to our contentious probate team on 0808 166 8860 alternatively to ensure your Will is robust and fit for purpose, please speak to Debra Lourenco on 0808 166 8827 to arrange a meeting with a member of our private client team.

The Advisory, Conciliation and Arbitration Service, commonly known as Acas, has issued new guidance for employers and managers on age discrimination, which is surprisingly one of the most common forms of unfair treatment in the workplace.

Over-50s now make up nearly a third of the UK workforce and no matter what the age, can experience discrimination based on their age.

The guidance explains how age discrimination can occur, how it can be prevented, how to deal with it if it does happen and how different treatment because of age can be allowed in certain situations, what we call objective justification.

The overview of age discrimination includes links to the following factsheets:

• Age discrimination: key points for the workplace. See http://www.acas.org.uk/media/pdf/o/1/Age_discrimination_key_points_for_the_workplace.pdf;

• Age discrimination: ten obligations for employers. See http://www.acas.org.uk/media/pdf/p/d/Age_discrimination_ten_obligations_for_employers.pdf; and

• Age discrimination: top ten myths. See http://www.acas.org.uk/media/pdf/p/l/Age_discrimination_top_ten_myths.pdf.

The guidance also gives details of the key areas where age discrimination may happen, points out the danger of stereotyping because of age and gives examples of the type of ageist language that could be perceived by the individual addressed as discriminatory.

It is very important to note that in discrimination, it is how the recipient perceives the words, which matters more than the intention of the person saying them.

There is also a short video on the nine protected characteristics under the Equality Act 2010.

To find out more on this and how it affects you, contact Emma Hewitt today on 0808 166 8860 or email e.hewitt@sydneymitchell.co.uk.

Leading West Midlands’ law firm Sydney Mitchell celebrated their 11th successful quiz at The Studio in Birmingham, raising over £3000 for its nominated charities. 90 people took part in the action packed Quiz with Stoo Pittaway, of SpeedQuizzing as Guest Quizmaster. It was a fast and furious event with a few twists. Teams were able to buy chance cards, giving teams the opportunity to leap to first place, add or deduct 10-30 points during the competition.

The winner of the much coveted Sydney Mitchell Charity Quiz Trophy for 2019 was Cornwall Street Barristers ‘Cornwall St Quizzers’ who were fast and accurate on the buzzers in the last round despite Dains ‘the Forlorn Hope’ fleetingly jumping to first place after the chance cards had been applied.  Close on their heels in 2^nd place was No. 5 Chambers ‘Hoof Hearted’ and in 3^rd place Eastcote Wealth ‘11 Donald Trump’s IQ’.  Voted best team name waswon by Brewin Dolphin with ‘Don’t EU love me baby?’. 

Karen Moores, Sydney Mitchell Partner, commented:

We look forward to the quiz each year and it is great to see so many regular supporters coming year after year.  Overall we raised over £3000 from entry fees, raffle and the Chance Cards sold.  We thank everyone for their support and to Cornwall Street Barristers for the hamper raffle prize. It was great fun and raising money for two fantastic causes.

Angela Henry, Trustee of the Buddy Bag Foundation, thanked all for supporting the fundraising for their charity.

 Thank you to Sydney Mitchell for choosing us as their chosen charity. It is so great to be able to help youngsters flea perilous situations at home and the foundation would not be able to function without the generous support from our sponsors and fundraisers.

Rebecca Jacob, Digital Marketing and Fundraising Officer for Age UK Solihull, addressed all quizzers:

We are proud to be able to help our older and vulnerable residents in Solihull and Age UK Solihull would not be able to do this without the support of you all at events such as the Sydney Mitchell Charity quiz.

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 has been shortlisted for Regional Law Firm of the Year in 2019; having previously won the award in 2018, 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.

Pictures from the event - Sydney Mitchell 11th Charity Quiz 2019
Winners, 2nd Place and 3rd Place plus voted Best Team Name:

1st Prize - Cornwall St Barristers – Karen Moores, Partner presented Champagne to Winners
(Andrew Tucker, Karen Moores, Georgia Griffiths and Simon Bradshaw) (Cornwall Street Quizzers)

2nd Prize -   No. 5 Chambers - Eamon Hurley-Flynn, Gemma Roberts, Peter Mottram and Karen Moores Sydney Mitchell LLP (Hoof Hearted)

3^rd Prize – Eastcote Wealth - Ben Brayshaw, Rob Kenyon, Alex Haynes, Karen Moores (Sydney Mitchell LLP) (Donald Trump’s IQ)

Brewin Dolphin – Paul Fielding, Paul Hepherd, Debbie Liburne and Paul Sargent -  Don’t EU love me baby?  Best Team name presented by Stoo Pittaway

About our charities
Age UK Solihull
Age UK – Solihull provides help and support to older people in the borough of Solihull. The Vision of Age UK Solihull is of a world where older people flourish and our Mission is to improve the lives of all older people in the borough. The Core, Central Library Building, Solihull, B91 3RG
0121 704 7840 info@ageuksolihull.org.uk  @ageuksolihull Charity number 1055887

Buddy Bag Foundation
The Buddy Bag Foundation was created in response to the rising number of children who enter emergency care after fleeing violent situations at home.  The Foundation helps restore a sense of safety and security into a child’s life during a traumatic time.  By providing these children with a few essential items, the charity can help make the transition into emergency care a little easier.  Over 48000 children require emergency accommodation each year in the UK.  Founder Karen Williams launched the Buddy Bag foundation in 2014 after being inspired by the Alannah and Madeline Foundation in Australia. hello@buddybagfoundation.co.uk
www.buddybagfoundation.co.uk @buddybagsuk Charity No. 1164916

Great news... Sydney Mitchell shortlisted for Regional Law Firm of the Year and excellent client service for its Dispute Resolution team .

click image for full list

See coverage in the Birmingham Post