Sydney Mitchell News

Sydney Mitchell, leading Midlands’ Law Firm, is pleased to announce the launch of its new Immigration Department.

Andre Minnaar, Senior Associate and Melissa Southall, Associate, have taken the reins of the newly formed Immigration department covering the whole of the Midlands and beyond; both join the firm from Cartwright King.

Andre and Melissa have wide ranging and far reaching skills dealing with the ever changing complexities of immigration law. With Brexit or No-Brexit on the horizon their skill sets will be of great help to those faced with the turmoil caused when facing human rights issues.

Andre is an expert in resolving complicated UK immigration, asylum and nationality problems of all kinds and is well known and respected for his in depth knowledge, guidance, support and thorough preparation whilst keeping his clients informed throughout the process. He is an experienced tribunal advocate, having successfully represented hundreds of appellants during his long career, often succeeding where others have failed.

Melissa is an experienced Solicitor and provides extensive personal immigration advice on spouse visas, applications for children, asylum and European applications. She has experience in all kinds of immigration and asylum work, and has a particular interest in applications involving the rights of children. She has worked with a number of Local Authorities over the years representing children in Local Authority care who have immigration problems.

Sydney Mitchell is recognised in the ‘Top Tier’ of the Legal 500 as a highly regarded practice and both Andre and Melissa have received outstanding comments from clients and contacts covered in the Legal 500.

Newly appointed Senior Partner, Karen Moores, welcomed the team, commenting:

Both Andre and Melissa are a great addition to the firm. As a firm we are always looking to help and develop the service we offer to our clients. As a divorce lawyer and Senior Partner of the firm, I see first-hand the complexities encountered in dealing with children and family matters where there are foreign jurisdictions involved. I am looking forward to working with them both.

Individuals, who are looking to work, live or just visit the UK from countries where they have been refused entry into the UK will be in safe hands with Andre and Melissa.

Andre comments that:

I am pleased to be joining such a well-established and respected legal firm in the Midlands.

I pride myself in delivering a friendly and excellent service where no stone is left unturned to ensure that not only I meet my client’s expectations, but exceed it. As an immigrant who went through the immigration process myself, I understand exactly what my clients are going through.

Melissa added:

I am passionate about helping those affected by strict immigration rules. Whatever stage our clients are at, we put our heart and soul into overcoming the hurdles that they face to ensure their applications are dealt with fairly and ultimately reach a favourable outcome.

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.

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

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

Fantastic news Sydney Mitchell has won Law Firm of the Year in the 5-15 partners' category in the Birmingham Law Society Awards 2018. A great achievement!  Thank you to all the partners and staff who made this achievement possible.

Partners Fahmida Ismail, Sarah Archer, Kam Majevadia, Tracy Creed, Dean Parnell and Mauro Vinti accepted the award on the night presented by Emma Jesson and the category sponsored by Tony Rollason (Landmark Information Group).

Fahmida Ismail commented:

What an excellent result, recognising the hard work contributed by every single person in the firm in making us exceptional and being recognised by the Birmingham Law Society as Law Firm of the Year.

We are all extremely proud to continue to serve our clients to the highest standard.  Birmingham has such a lot to offer businesses and individuals and Awards like this just continue to show that we have great quality firms and people here in Birmingham.

Sydney Mitchell 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, contentious probate, tax and trusts and personal injury.

Sydney Mitchell previously won this award in 2008, 2011, 2013, 2014, 2015 and it is a fantastic result that the firm has won the award in 2018.

Well done to all the winners in the Birmingham Law Society Awards 2018  - full list link attached

http://www.birminghamlawsociety.co.uk/2018winners

If you would like help on any legal matters, please call 0121 698 2200 or email enquiries@sydneymitchell.co.uk or fill in our online enquiry form

Going abroad on holiday or to live is becoming a common occurrence for many children. Parents may be offered positions abroad, either for a specific time or with endless possibilities of a permanent move. Likewise, grandparents may have chosen to move to a warm climate with a more relaxed way of life and promises of frequent long holidays for their family.

Although these changes can be viewed with a mixture of excitement and fear, if both parents agree, then their children can explore new vistas.

However, if the parents are no longer residing together there are many issues which may arise that need to be addressed. Karen Moores, family law solicitor explains the legal implications of taking your children abroad if you are divorced or separated.

Taking a child on holiday

The necessity to obtain permission to take a child out of the UK is not commonly known. It often depends on what Children Act Orders have been made, if any, and applies whether it is a day trip to France, a fortnight to Florida or the whole of the school holidays with relatives in Pakistan.

Consideration should first of all be given as to who has parental responsibility. If both parents have parental responsibility and there are no Child Arrangements orders (residence orders) or other restrictions in place, then neither can take the child on holiday outside the United Kingdom without the written consent of the other parent or any other party with parental responsibility. If consent is refused, an application to the Court will need to be made for permission.

The situation is different where one parent has a Child Arrangements Order. A person with a Child Arrangements Order that provides for a child to live with them (Residence Order) can take a child abroad for up to a month without the written consent of the other parent. However, it is good parenting to endeavour to agree the arrangements in advance; if consent is unreasonably withheld then an application may be made to the Court.

If the mother alone has parental responsibility and there are no child arrangement orders concerning the child, permission is not strictly needed by her to take a child abroad on holiday. However, again it is responsible parenting to consult and reach agreement with the other parent. Of course this does not stop a father without parental responsibility applying for parental responsibility and then objecting to the temporary removal of the child.

In almost all cases it is best to agree holiday or similar arrangements in advance to avoid misunderstandings, problems with contact, accusations of abduction and other applications to the Court. In the normal course of events permission for a child to go abroad on holiday is invariably given by a Court. Often details are required stating where the child will be staying, giving the date of departure, return and details of flights along with contact telephone numbers. If however there are suspicions that the child will not be returned, especially if the child is going to a non Hague Convention Country, then security will be necessary.

If grandparents and other family members want to take a child abroad, permission will be needed from both parents with parental responsibility and not just from one parent.

All of these issues may be dealt with at the local Court, however, if the approved holiday requires consideration of the law and procedures in foreign countries, then a Judge of the High Court may deal with such applications as consideration will need to be given with regard to putting in place specific orders. This may include mirror orders, notarised agreements and significant sums of money placed in a bond to be released upon the child's return. There have also been cases where family members, not just the person taking the child abroad, have been required to enter into a solemn declaration guaranteeing the safe return of the child.

The Court would also look at the risk of non return along with the magnitude of the impact on the child of any non return. It is therefore evident from previous Judge's decisions that they take account of each individual circumstance, the age of the child and detailed protective steps if there is a significant fear of non return after a trip abroad.

For further information and questions on taking your child/children abroad, contact us today.

Concerns of abduction

It is not unusual, particularly in families with international connections, for either parent to be anxious that the child will not be returned. These doubts may arise prior to the child leaving on holiday or indeed where the parent and child are returned late after a contact visit or if it has been difficult to get in touch with the other parent at any stage. If there is an immediate risk, port alert will be required. If there is time to secure an application to the Court for an order prohibiting the removal of the child from the jurisdiction without notice being given to the other parent, this should be done quickly as it can be crucially important to prevent the child leaving the UK. Any delay in an application can result in the child being taken out of the jurisdiction and may then result in great difficulty in locating the child and securing their return.

Nevertheless, if it is known that the child has been taken to a Country within the European Union there are considerable resources and facilities in place to track and locate a child in the hope of securing a return before departure to the rest of the world.

Abduction is known as a failure to return a child after an agreed period abroad. As stated above there are protective steps which can be taken if there is a fear of a non return after a trip abroad and legal advice should always be sought promptly to address anxiety about any concerns of an abduction. Information such as names, addresses, photographs and descriptions of people and places where it is likely that the child could be taken should be gathered as soon as possible. Clearly, this evidence may only be available if there is a reason to suspect that the child is being taken to other family members or friends who reside abroad.

If you have any concerns about abduction and need some legal advice on the issue, contact our family team.

Relocating abroad

A parent needs the permission of the other parent or a Court Order to take a child permanently abroad. This is known as a relocation application or leave to remove.

In some cases it is appropriate to oppose the relocation application but in others it may be wise to consider putting energies into legal representation to ensuring very good future contact before the relocation proceeds. If there are well thought out plans, with good reasons given to the Court for relocation, they will generally allow relocation. This however, does not mean that a parent opposing relocation of their child should immediately give up.

When considering opposing relocation applications it is essential to consider all aspects of a child's life. The Court will hear evidence as to the child's educational progress, family and support network, activities that they are involved in along with the impact of losing contact with the wider family. Consideration will also be given by the Court as to what more could the one parent offer the child if they continue to reside in this jurisdiction. If the child is to remain in Europe where the country has signed up to the appropriate conventions, there will be certain protection and enforceability of orders for contact. Even if a child has been permitted to go abroad, certain safeguards can be put in place to ensure that good contact continues. This may include extended staying contact during the school holidays and consideration as to travel arrangements, the use of emails and web cams.

Enforcement is another important issue that is required to be looked at before a child leaves the jurisdiction as often if there is a breach of an agreement or an Order these may have no validity abroad and may therefore not be relied upon. Therefore notarised agreements, mirror orders, bonds, religious oaths and other safeguards to ensure compliance with arrangements should be considered. Contact Orders made in England may not automatically be recognised or may require separate Court procedures and all of this must be done before departure.

A mirror order is an order made in the courts of the country of relocation.  This is identical to the order made before the UK courts. Therefore the advantage for the left behind parent is that because the order becomes an order of the foreign state, local enforcement is available.

There are therefore many issues that have to be considered as far in advance as possible. Legal advice from a Solicitor, preferably who has experience in such matters, should be taken so that due consideration may be given to all the possibilities that may arise and precautionary measures put in place.

Many children go abroad on holiday to visit family and friends or indeed to emigrate and it is a positive experience for them. Ultimately wherever the children is residing, it is usually in the best interests of that child to have regular, quality and contact with both parents. If this is an issue that you require further assistance or advice on please contact us today.

Dean Parnell, Partner, at Sydney Mitchell asked a simple question on BBC QT that stumped Nigel Farage. 

Name me one country that operates solely under WTO rules and doesn’t  have a separate trade agreement with another country.

- Extract from Birmingham Live and BBCQT News... 

...Nigel Farage was schooled by a Birmingham lawyer in jaw-dropping scenes on Question Time last night.

The ex-Ukip leader couldn't bring himself to give a straight answer to the partner from a city law firm.

Mr Farage, now leading the Brexit Party, was left stumped over a question on World Trade Organisation (WTO) rules.

 

He was asked by Dean Parnell, a partner of Sydney Mitchell, to name anywhere operating on WTO rules that did not have a trade agreement with another country.

Mr Farage, who backs leaving the EU on WTO rules, failed to state a country.

Instead, he argued that there were plenty of governments keen to sign trade deals with the UK.

Mr Farage was asked: "Nigel, you say: 'WTO rules, that's not a problem, that's the solution'.

"Name me one country within the WTO rules that doesn't have a trade agreement with another country."

He replied: "Of course, because WTO rules are the basis from which you begin."

He added that other nations would 'come running' when the UK is able to sign trade deals, after Brexit.

However, the audience member was unsatisfied with the MEP's response, saying: "Nigel, sorry.

"Just answer the question."

 

Mr Farage then tried again to avoid the question by telling the audience that the UK would be able to negotiate lots of trade deals with other countries.

 

Mr Parnell’s frustration was clearly visible and Mr Farage then blamed Liam Fox (the International Trade Secretary) for his failure.

 

But Mr Parnell had still not had Mr Farage’s answer to his original question and Question Time host Fiona Bruce eventually interjected.

 

She asked Mr Farage if he knew how many countries operated solely under WTO rules and astonishingly Mr Farage admitted he didn’t know the answer. 

 

Mr Parnell commented: “I find it so frustrating that Mr Farage and other politicians are able to say these things without being properly challenged. 

 

Source:

https://www.google.co.uk/amp/s/www.birminghammail.co.uk/news/showbiz-tv/astonishing-moment-nigel-farage-stumped-16255373.amp

 

More coverage on this ...

https://www.theneweuropean.co.uk/top-stories/nigel-farage-on-bbc-question-time-may-2019-1-6042658

https://www.mirror.co.uk/news/politics/question-time-nigel-farage-cant-15023826

https://inews.co.uk/news/politics/question-time-can-you-name-a-country-nigel-farage-silenced-by-furious-member-in-trade-deal-example-blunder/

https://theworldnews.net/gb-news/question-time-nigel-farage-can-t-give-audience-answer-to-simple-brexit-question

Video link to BBCQT -

 

view from https://www.youtube.com/watch?v=Pi40irjkFzE 29:47 onwards.

Sydney Mitchell, leading Midlands’ Law Firm, is pleased to announce Karen Moores as its Senior Partner from 1 May 2019, taking over from Div Singh who has stepped down after 11 years at the helm. 

Karen is the first female Senior Partner in the firm’s 256 year history.

Div Singh commented,

Karen is a well-respected family lawyer in the Midlands and has built up a great family team within the firm.  Karen has over 20 years' experience as a partner, and can be relied upon to deliver strong leadership.

Sydney Mitchell is recognised in the Legal 500 as a highly regarded practice and Karen is described as ‘tenacious’, ‘hard hitting’, but also known for her ‘compassion’ and ‘understanding’.

Karen said:

I feel very honoured and privileged to have been appointed Senior Partner of the firm.  I strongly believe that our commitment to our staff and our clients, going that extra mile, is our core strength.  I thank Div for his dedication to the firm and direction over the past 11 years.

We have seen many changes in the legal profession and as a firm have invested in our people and technology to provide the best tools for our staff and in turn provide the best service and efficiency for our clients. 

We are pleased with the growth the firm has seen over the past five years and will continue to invest in our people and put our clients’ interests at the heart of our business.

Indeed we have a new Immigration Team joining the firm in May, plus expansion of our corporate team and further developments within our conveyancing department. 

We are excited with our vision for the future and I am looking forward to the further growth of the firm.

Karen has been a Partner at Sydney Mitchell since 1998 and has been practising Family Law since 1992.

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.

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

The legal ownership of property is not always the same as the beneficial ownership and disputes can arise when no documentation is executed to show the two are different. Such was the case in a recent dispute which occurred after a couple who had two children but never married broke up. The male partner worked in the IT industry and earned the greater part of their income. The female partner was a midwife, who switched to part-time working then gave up work to look after their young children.

The couple had moved to Hampshire from London, buying a property for £740,000 financed largely by the sale of the male partner's property and a joint mortgage of just under £500,000. The female partner paid £39,000 to assist in the purchase, which was registered in joint names.

When the couple broke up, the ownership of the property was disputed. At the heart of the dispute was whether they intended to purchase it as joint tenants, as the female partner contended, or as tenants in common, as the male partner asserted. If they had purchased it as joint tenants, the value would be split between them equally. If they had purchased it as tenants in common, it would be owned in unequal shares corresponding to their respective contributions to its purchase.

Among the evidence given was that the male partner said in a conversation in a pub, "We are now 50:50 owners but that means you owe half the debt as well." The ownership of the property was recorded at the Land Registry as being a joint tenancy, this being consistent with the advice of the solicitor who acted on the purchase that in the event of either partner's death, the title in the property would pass to the survivor.

At the original hearing, the judge ruled that the value of the property should be split equally. The male partner applied for permission to appeal, arguing that whilst he would have been content for title to pass if he died, while he was alive he would not have accepted a 50:50 split on a sale as he had provided more of the capital for the property's purchase. He also contended that the evidence presented at the first hearing could not displace the assumption that the ownership would be in the ratio of the respective partners' contributions.

In refusing the right to appeal, the High Court placed emphasis on the fact that the male partner did nothing to show that it was intended for the beneficial interest he had in the property to be different from the legal interest.

The moral of the story is that if you are buying a property with someone else and the legal title rests with all the buyers, you must ensure that if the beneficial interest is different, the appropriate documentation is put in place.

We can advise you on any aspect of property purchase and make sure that any necessary agreements are dealt with.

For advice on all aspects of the law relating to family law matters, contact Karen Moores on 0121 700 1400, email k.moores@sydneymitchell.co.uk; for property related matters contact Adam Oleskow a.oleskow@sydneymitchell.co.uk or complete our online enquiry form.

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