Sydney Mitchell recently held its first Buddy Bag Brigade at the Crowne Plaza hotel in Solihull.  Sydney Mitchell chose The Buddy Bag Foundation as one of their nominated charities for 2019 with the aim of helping children affected by violence at home; it really does pull at the heart strings.

Buddy Bag Brigade Sydney Mitchell LLP Charity EventA group of 25 volunteers from Sydney Mitchell and the Crowne Plaza Hotel packed almost 2500 items into 180 bags for the children at the Buddy Brigade.

Each Buddy Bag packed by the team goes to local women’s and men’s refuges for the children who are often unable to take any personal belongings with them when removed from the family home after experiencing traumatic events.  The Buddy bags are designed to give a little bit of pleasure and comfort to a child at such a terrible time for them and contain items such as pyjamas underwear, some toiletries, a book, notepad, a cuddly toy and something to play with – at a time when they are often frightened and afraid.

Sarah Archer, Partner, Sydney Mitchell commented:

We were all deeply moved when Chris and Karen Williams talked to us about the charity and the great work they do with women’s and men’s refuges in the region.

The thanks they receive from the children and their parents is heart-warming.  We hope that our effort goes just a little way to give some comfort to the children when they arrive at the shelters.  Just a few thoughtful items can make a difference at a hard time in their life.

A lot of emotion went into packing the bags with such personal items; we were all very glad to have given our time to help such a worthy cause and would encourage others to do so. We wish all those affected by trauma and tragedy in the home, safety and security during their times of need.

Chris Williams, Co-Founder of the Buddy Bag Foundation, said:

It’s not just the messages of thanks we receive from the children that makes our efforts so worthwhile but also the positive impact and the wonderful feeling that our volunteers get from being involved in a team building event with purpose. Thank you ‘Team Sydney Mitchell’ you’ve made a difference to 180 frightened children.

Nicola Corfield, Sales Manager, Crowne Plaza Solihull added:

We were really pleased to support Sydney Mitchell and the Buddy Bag Foundation on the day and to understand more about the work of this wonderful charity. It is important to all of the team at the Crowne Plaza Solihull that we are there to support our local community and charities.

Legal 500 Top Tier Law Firm Sydney Mitchell is an award winning Midlands based firm with specialist legal 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. Sydney Mitchell LLP has been providing legal advice in the Midlands for over 250 years.

-Ends-

For further information, please contact:

Linda Heyworth, Senior Marketing Manager

Tel – 0121 746 3300    Mobile: 0777 279 5041

Email – l.heyworth@sydneymitchell.co.uk

Picture:

All staff taking part in the Buddy Bag Brigade, Sydney Mitchell LLP

From left to right…

Anne Breslin, Hayley Caprani-Warner, Gemma Parker, Julian Milan, Linda Heyworth, Sophie Thomas, Debbie Williams, Roy Colaba, Miranda Buttler, Emma-Louise Hewitt, Kiran Siddiq, Jessela Adjei, Wendy Bencens, Hayley Burrill, Teresa Mannion, Mike Sutton, Sarah Archer, Nicola Corfield, Melissa Southall and Aniqa Basharit

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 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, immigration and wills and probate, tax and trusts and personal injury. Sydney Mitchell LLP has been providing legal advice in the Midlands for over 250 years.
l.heyworth@sydneymitchell.co.uk  @SydneyMitchell_   www.sydneymitchell.co.uk

About the 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

About the Crowne Plaza Hotel

Crowne Plaza Solihull is set in the heart of Solihull and just 5 miles from the NEC and Birmingham Airport. The hotel offers a range of bedroom types, 12 meeting rooms, a heated swimming pool and a lakeside terrace restaurant. Free WiFi is available throughout and free on-site parking is available. The hotel has a range of conference facilities including 12 meeting rooms which can hold up to 200 delegates. The on-site leisure club, Club Moativation has a heated indoor pool, sauna, hot tub and fully equipped gym. Crowne Plaza Solihull is located 1 miles from the M42 motorway junction 5. Solihull train station is a 10-minute walk from the property.
https://www.crowneplaza.com/hotels/gb/en/solihull/

 

Top Tier for Sydney Mitchell LLP 2020Sydney 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

FIRM RANKINGS

 

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 BirminghamShirley, and Sheldon

 

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.

Sydney Mitchell Shortlisted in Excellence Awards 2019

 

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.

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 (5-15 partners) in the Birmingham Law Society Legal Awards in 2018, 2015, 2014, 2013, 2011 and 2008.
 
The firm’s specialist teams include employment, commercial property, company and commercial services, litigation and insolvency. Private client teams include family law, immigration, residential property, dispute resolution and wills and probate, tax and trusts and personal injury.
 

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

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

Andre Minnaar and Melissa Southall Sydney Mitchell

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.

Sydney MItchell Yorkshire 3 Peaks ChallengeOn 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

Sydney Mitchell is recognised in the Top Tier of the Legal 500 and is ‘very strong’ and ‘probably the best in central Birmingham outside the large National and International Firms’ 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 a ‘driven professional team’ led by Kamal Majevadia 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.

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

Div Singh, Senior Partner, Sydney Mitchell commented:


“What an excellent result again this year for Sydney Mitchell, with the firm maintaining its ranking in Tier 1 for our Contentious Probate work and in particular Kamal Majevadia being singled out as a ‘leading individual’”.


Many of our talented solicitors have been named throughout for their hard work with our ‘client care second to none’.


It is great to see new team members being recognised, David Lydon, Adam Hodson, Samantha Glynn, Hayley-Jo and Gemma especially have shone through this year. Our clients and referrers have made fantastic comments on the work we have undertaken including…


‘solid, well respected team’, ‘can-do attitude’ ‘an approach to client care that is second to none’, ‘caring straight-to-the-point’ and ‘manages expectations’.

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 “very experienced and sensible; ...calm and reassuring, firm but not aggressive and tactically astute negotiator who secures good deals for his client’ and  ‘…strong on shareholder disputes and claims relating to directors’.

Karen Moores, Head of the Family Team, is recognised for her ‘compassionate’ and ‘understanding’ manner.

Leading Midlands Law firm Sydney Mitchell is ranked in 13 Legal 500 categories and won Birmingham Law Firm of the Year 2018.

END

Legal 500 information links are included below:

West Midlands: Dispute resolution

Commercial litigation: Birmingham - ranked: tier 4

Sydney Mitchell LLP is ‘very strong’, and for some ‘probably the best in central Birmingham outside the large national and international firms’. The practice handles a range of matters, many of which with fraud elements, with clients ranging from international businesses, trade bodies, regional businesses and individual executives. Dean Parnell, whose expertise includes acting as a supervising solicitor for court-ordered searches, on top of being ‘very experienced and sensible: he is calm and reassuring, firm but not aggressive, and a tactically astute negotiator who secures good deals for his clients’, is ‘particularly strong on shareholder disputes and claims relating to directors’ – he represented a foreign company on recovery of losses from director-level frauds. Kamal Majevadia acted for an engineering company concerning unpaid invoices for engine components – he also handles cases concerning alleged fraud.

Debt recovery - ranked: tier 3

Sydney Mitchell LLP ’s workload includes a number of matters acting for finance providers concerning lending secured on residential property, plus matters concerning social care fees, vehicle finance and unpaid invoices. Kam Majevadia  heads the practice, with solicitor Hayley-Jo Lockley  a name of note below partner level. Gemma Parker is a key legal executive. Clients include West Bromwich Commercial.

West Midlands: Finance

Insolvency and corporate recovery - ranked: tier 3

Sydney Mitchell LLP's Leanne Schneider-Rose  advised an insolvency practitioner on gaining access to and possession of a sports and leisure club, and handled several cases concerning the sales of care homes from administration. Section 216 cases and personal bankruptcy are also areas of expertise.

West Midlands: Human resources

Employment - ranked: tier 5

Sydney Mitchell LLP  is 'a solid, well respected team' that is 'a very popular locally' with 'a reputation that is growing nationally'. Dean Parnell  leads the team and is 'very popular with clients', and has 'a "can-do" attitude'.  He has a broad expertise in employment, and acts on behalf of employers and very senior employees. Also recommended is solicitor Samantha Glynn, who specialises in contentious issues.

West Midlands: Insurance

Clinical negligence: claimant - ranked: tier 3

Sydney Mitchell LLP  handle a range of clinical negligence claims, with 'an approach to client care that is second to none'. Mike Sutton  heads up the team and 'very well respected locally'. He is assisted by senior personal injury executive David Lydon, Adam Hodson  and  Stephen Jesson.

Personal injury: claimant
Personal injury: claimant - ranked: tier 4

Sydney Mitchell LLP is 'a small team that has built up considerable experience', whose 'approach to client care is second to none'. Mike Sutton  leads the team and is 'very well respected locally within the profession'. He specialises in handling road and work accidents, and recently represented a client who suffered from complex regional pain syndrome due to falling from a ladder. David Lydon recently joined the firm from Pearson Rowe Incorporating Springthorpes and has a similar focus on work and road accidents. He recently acted for an individual who required amputation to due to injuries suffered by his fingers while at work. Also recommended is solicitor Adam Hodson.

Professional negligence - ranked: tier 4

Sydney Mitchell LLP 's litigation team is highly active in professional negligence cases, most notable against in the areas of legal services and construction. Sundeep Bilkhu is a key figure with extensive experience in negligence relating to property transactions.

West Midlands: Private client

Contentious trusts and probate - ranked: tier 1

Sydney Mitchell LLP

The 'driven' and 'professional' Sydney Mitchell LLP is led by Kamal Majevadia who is a 'caring, straight-to-the-point person' who 'tells it like it is' and 'manages your expectations'. He is particularly known for disputes on estates with a cross-border or commercial aspect. Shirley-based Tracy Creed  is also a key figure, with notable strengths in probate, trusts and estate planning.

Family: Birmingham - ranked: tier 3

Sydney Mitchell LLP

The 'excellent' Sydney Mitchell LLP  focuses on complex matrimonial disputes and childcare arrangements. Karen Moores is a key contact and is known for her 'compassionate' and 'understanding'  manner. Mauro Vinti is also recommended and advises on all aspects on relationship breakdowns.  

Personal tax, trusts and probate - ranked: tier 2

The 'excellent' Sydney Mitchell LLP  is particularly strong in dealing with elderly client issues, with additional expertise in wills and estate planning, powers of attorney and administration work. Tracy Creed leads the team and has extensive experience in probate and trust matters.  Also recommended is Shirley based solicitor Nicholas Bennett , who focuses on will and probate issues, and solicitor Ravinder Sandhu, who is experienced in wills, trusts and probate issues.

West Midlands: Public sector

Health - ranked: tier 3

Sydney Mitchell LLP focuses on GP mergers, disputes, leasing and tax issues. Fahmida Ismail leads the team and is heavily involved in property and finance matters pertaining to GPs and medical practices. Consultant solicitor Tony Harris is active on Primary Care Commissioning and extending existing GP premises. Consultant solicitor Dean Parnell works on commercial disputes and employment issues.

West Midlands: Real estate

Commercial property: Birmingham - ranked: tier 5

Sydney Mitchell LLP’s team handles a range of multimillion-pound deals. Consultant Georgina Walsh in Shirley handles work concerning purchases and sales of development sites... At partner level Div Singh , who is based in Birmingham, also handles buy-side deals, often involving title issues. Fahmida Ismail is also a key contact.

Property litigation - ranked: tier 5

Sydney Mitchell LLP

At Sydney Mitchell LLP, associate Sundeep Bilkhu handles a range of commercial property disputes, frequently acting for landlords. Highlights include representation of a landlord in a dispute over the unauthorised removal of a stud wall, which was initially thought to have caused £30,000 of damage but triggered a subsequent order from the local authority to demolish and replace the buildings. Other work concerns boundary restrictive covenant disputes and Party Wall Act matters. In Shirley, Kam Majevadia handles trespass to land matters concerning residential developments, including Court of Appeal cases.


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.

Winners Birmingham Law Society 2018 law firm of the year 5-15 partners categoryPartners 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

Winners Birmingham Law Society 2018 law firm of the year 5-15 partners category

Chocolate bouquet raffle at Movers and Shakers Event oct 2019Winners of the Chocolate bouquet

The Sydney Mitchell LLP professional networking event 'Movers and Shakers' at Purnell's Bistro in Birmingham, held a guess the number raffle at October event in aid of one of the firm's chosen charities Age UK Solihull.  The Winner was Paul Sargent from Brewin Dolphin and John Shackleton of Heritage Financial.

Over 50 guests attended the event and as always the food was excellent as always from the chef at Purnells.  Guests remarked on the quality of the food and the vibrancy of the event.

All pictures from the event can be seen on the link below.

Pictures Link

 

Sydney Mitchell LLP, Top Tier Legal 500 Law Firm, has been short-listed for 2019 Solihull Chamber of Commerce Awards in the Large Firm of the Year category.

Senior Partner, Karen Moores, commented:

We are proud to see the firm shortlisted for the 2019 Solihull Chamber Business Awards in the Large Firm of the Year Award category.

The partners and staff have worked hard over the years to build the firm to where it is today. We believe we give back to the local communities in supporting local projects and pride ourselves in delivering high quality services to our clients. 

We would like to congratulate all of those who have been shortlisted in the Awards and thank the Chamber for their continued support and development in the region.

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 (5-15 partners) in the Birmingham Law Society Legal Awards in 2018, 2015, 2014, 2013, 2011 and 2008.

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, immigration, wills and probate, tax and trusts and personal injury.

For more details about the awards …

THE SHORTLIST

Outstanding Large Business of the Year - Sponsored by Jask Creative

Johnsons Coach & Bus Travel

Prime Accountants Group

SG Fleet

Sydney Mitchell LLP

Thursfields

Outstanding Small Business of the Year – Sponsored by Omni Cyber Security

Eric Lyons Fine Food Specialists

Indico Street Kitchen & Bar

Jask Creative

Morgan Parkes Recruitment Ltd

The Marketing Pod

Outstanding Start-Up Business of the Year

JAMAYA

Living Space Housing

Redknows

Vincent BMR Limited

Outstanding Contribution to the Community - Sponsored by Telephone Europe

Hogarths Hotel Solihull

Solihull BID

Solihull Moors

Solihull Specsavers Ltd

Touchwood

Outstanding Apprentice of the Year – Sponsored by Plum Personnel

Ollie Bethell, Leap IT Ltd

Katie Harrington, KE247 Staffing Solutions

Richard Scott, Solihull School

Sophie Corr, ARUP

Outstanding Young Achiever of the Year - Sponsored by Millennium Point

Joseph Vaughan, 1683 Chocolate Place

Kristiana Briede, Jask Creative

Matt Hartas, The Wilkes Partnership

Oliver Deverall, BNP Paribas Personal Finance

Solihull Business Person of the Year - Sponsored by Western Union

Natalie Taylor Herrick, Taylor Herrick Recruitment

Dr Lorraine Hill, Hampton Clinic

Pawan Kenth, Asha’s Restaurant/Corporate Wear UK

Tony Elvin, Touchwood

Outstanding Charity of the Year

Arrive Alive

Baby Lifeline

Breast Cancer Haven

Get A-Head Charity

Help Harry Help Others

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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.

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UK Top Tier Firm 2020 Lexcel Practice Management Standard Birmingham Law Firm of the Year for 2011 Resolution Collaborative Family Lawyer
The Law Society Accredited in Family Law Conveyancing Quality Scheme

 

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