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Professional Negligence: A New Scope

Wednesday, 13 December 2017
A recent decision illustrates that construction professionals must understand key project constraints. In Riva Properties Limited & others v Foster + Partners Limited [2017] EWHC 2574 the Claimant instructed Fosters to design a 5 star hotel near Heathrow airport. Fosters denied any knowledge of a budget, and produced a design which was almost £130m over budget. Despite an attempt at ‘value engineering’, the design proved to be impossible to produce within the budget constraints, and…

New Claim Forms for Accelerated Possession Proceedings

Friday, 01 December 2017
Davies and Partners specialist Property Dispute Resolution team advise that from today -1 December 2017, landlords seeking possession of their property let under an Assured Shorthold Tenancy will need to use the new claim forms. The new claim form to be used in England is called form N5B and in Wales IT is called the N5B Wales. The new forms can be accessed on http://formfinder.hmctsformfinder.justice.gov.uk If the old form is used on or after 1…

Britain’s most senior Judge calls for no-fault divorce

Friday, 01 December 2017
Baroness Hale the President of the Supreme Court has renewed calls for there to be no-fault divorce. As things stand in England and Wales a husband or wife need to prove grounds for divorce unless they are prepared to wait for at least two years. The grounds are that there has been an irretrievable breakdown of the marriage and the other party is guilty of unreasonable behavior or adultery.   Mike Follis, Head of Family…

Davies and Partners Gloucester 10K Support for Local Charity

Tuesday, 07 November 2017
Back in the summer, E G Carter & Co Ltd became the main sponsors for the Gloucester 10k Race, which is organised by Gloucester based Davies & Partners Solicitors and Gloucester Quays Rotary Club.   The two main charities that benefitted from the race is Gloucestershire Young Carers and E G Carter & Co Ltd’s charity of the year, Gloucestershire Nightstop. After all of the hard work and dedication behind the scenes, the race managed…

Bearing the Burden of Concurrent Delays

Tuesday, 31 October 2017
North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC 2414 This welcome case has clarified that contracting parties may allocate the risks of concurrent delay as they see fit. Cyden Homes Ltd engaged North Midland Building Ltd under a JCT Design and Build Contract 2005. Through an amended clause, the building contract provided that if a delay for which the contractor was responsible arose at the same time as a delay for which the…

Duncan Murray announced as new Head of Corporate and Commercial

Friday, 27 October 2017
Davies and Partners Solicitors is delighted to announce the appointment of Duncan Murray as the new Head of its Corporate and Commercial Department.    Duncan has over 25 years of legal practice experience, and has been a partner for many years at a leading national law firm and in-house Counsel for a major financial institution. He has also served on the board of several companies with operations in a variety of sectors including financial and…

General Data Protection Act - Time to start planning

Thursday, 12 October 2017
Nigel Tillott, Head of Employment and Regulatory Law at Davies and Partners Solicitors looks at General Data Protection Regulations which are due to come into force on 25th May 2018. Businesses are being urged to start preparing for the Regulations now and Nigel explains why. Read the article here    

Blockchain in the Construction Industry

Wednesday, 04 October 2017
For those who have never heard of a blockchain, or have little to no idea what they do, they can be simply described as a database stored in many places (rather than just one location) which chronologically and securely records data. Whilst that may sound very ‘techy’ and far removed from the bricks and mortar world of construction, this technology could potentially change the way that projects are procured and administered, and lead to higher…

Bovis Homes Outsources its Legal Services to Davies and Partners Solicitors

Monday, 25 September 2017
Bovis Homes, one of the UK's leading housebuilders, has reached agreement to outsource its legal requirements to Davies and Partners Solicitors, cementing the firm’s reputation as a leading player in Residential Land Acquisition and Development. Davies and Partners has offices in Gloucester, Birmingham, Bristol and London and has a long-held national reputation for its expertise in residential land and property development services. Following the agreement with Bovis Homes, Davies and Partners will now undertake Bovis…

Tragic amputation inspires young lawyer to help others

Monday, 25 September 2017
A young lawyer from Davies and Partners Solicitors in Gloucester, who lost her leg following a road traffic accident, is using her own experiences of battling through life changing injuries, to help support others who have been injured, as she will shortly become a specialist personal Injury and medical negligence lawyer.   Annabelle Turner, 27 from Gloucester, lost her leg half way through the final year of her undergraduate law degree, following a road traffic…

Construction contracts: Clear the way for sectional completion

Monday, 04 September 2017
A recent case in the Technology and Construction Court is a reminder of the need for clear descriptions of work sections in construction contracts. Vinci applied for a declaration that terms relating to sectional completion and delay damages in an amended NEC subcontract (amended by a settlement agreement) were valid and enforceable.The judge found that the subcontract drawings (for baggage handling related works at Gatwick Airport) did not contain sufficient information to identify the works…

Davies and Partners Solicitors Advise Lioncourt Strategic Land in Major Bellway Homes Deal

Monday, 14 August 2017
Davies and Partners’ specialist Land, Acquisition and Development Department has acted for Lioncourt Strategic Land in the sale of over 34 acres of land at Tidbury Green in Solihull to Bellway Homes.   The firm’s Managing Partner in Birmingham, David Stokes, who heads up the Land and Development team originally acted for Lioncourt on the negotiation of a promotion agreement with the landowners before agreeing to also act on the sale of the land to…

Another successful Gloucester 10K Race Sponsored by Davies and Partners

Friday, 14 July 2017
Sunday 9 July saw another successful Gloucester 10K Race which was once again sponsored and organised by a Gloucester office's Managing Partner Nigel Tillott and a dedicated team at Davies and Partners' Gloucester office.   Also joining the firm as main sponsors this year was E G Carter & Co Ltd who also designed the free running top that each runner received when they'd completed the race.     The theme this year was the Gloucester…

Promotion Agreements: A Guide for Property Professionals

Wednesday, 14 June 2017
  SEMINAR - Thursday 22nd June 2017, Gloucester Office. Davies and Partners' Land team is holding a seminar on Promotion Agreements at its Gloucester Offices, on Thursday 22nd June 2017.   The Seminar is designed for developers, agents and other property professionals and will provide property professionals with a practical understanding of Promotion Agreements.   Areas covered will include: Entering into a Promotion Agreement by mistake (and how to avoid it) How does a Promotion Agreement work? VAT…

Slipping off the couch

Thursday, 18 May 2017
A Technology and Construction Court judgment of 11 May 2017 is a salutary reminder of the need to consider how to couch requests for amendments to adjudicators’ decisions under the slip rule.   A Contractor applied for summary judgment for the enforcement of an adjudication decision. The Defendant responded that the adjudicator had failed to apply the rules of natural justice, rendering the decision unenforceable. The Contractor successfully argued that the court did not need…

Davies and Partners Assist in International Business Transactions

Wednesday, 10 May 2017
The Corporate team in the Birmingham Office at Davies and Partners Solcitors has advised a Hong Kong listed Corporate Investor in its recent investment in a UK Manufacturing Company.   The Corporate team lead by Legal Director David Robinson, provided legal support for the Investor including a Due Diligence exercise on the business of the Target company, reporting to the Investor accordingly. Commenting, David said, “We were delighted to have played such a pivotal role…

Acquiring a UK business

Friday, 05 May 2017
There are no restrictions on foreign ownership of UK businesses. If the acquiring business already has a presence in the UK it may be necessary to notify the Competition and Markets Authority under the Competition and Merger Control rules, depending on the market share of each party involved.   When acquiring a UK business the buyer should, as one of the first steps, consider the structure, the tax consequences and how the acquisition is to…

A Redevelopment of Business Rates

Thursday, 09 March 2017
It is fair to say that the subject of business rates has taken the UK property world by storm in the recent weeks. It would probably be a little far-fetched to say that business rates have captured the imagination of the wider public but the discussion has certainly been opened up, leading to the Chancellor’s recent budget announcing £300m available for business rates relief. It is therefore timely that the case of Newbigin (Valuation Officer)…

Enterprise Management Incentives (EMI) Options Overview

Friday, 24 February 2017
EMI Options are enterprise management incentives. They are a type of employee share option offered by small trading companies to incentivise its employees.   EMI options enjoy favourable tax treatment. They can be granted under a set of plan rules or a stand alone agreement.   There are certain statutory requirements which need to be fulfilled if the option is going to enjoy the favourable tax treatment. Which Companies Can Grant EMI Options  If a…

Beware the VAT trap

Friday, 17 February 2017
VAT trap– in a recent case it was held that supplies of construction services for a new dwelling before retrospective planning permission was granted could not be zero rated. Please click here for further details from our construction unit.

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