Davies and Partners Supporting the work of the National Bereavement Partnership

Davies and Partners Solicitors has announced that it is to support and work with the National Bereavement Partnership over the next 12 months.

Over the last year, the valuable services offered by the National Bereavement Partnership has been in huge demand. The charity provides a national support helpline, counselling referral and befriending service, for all those suffering from anxiety, grief or mental health issues as a direct or indirect result of the COVID-19 pandemic.

Davies and Partners has chosen to support the Charity’s important work as it makes a real difference to people’s lives. The National Bereavement Partnership has a particular significance for the Firm’s specialist private client teams, who provide help and advice to clients in many ways following a bereavement. This can be through the administration of wills, trusts or an estate, selling a family property or when acting for clients who may have concerns regarding the medical treatment a loved one received, prior to their death.

Notice periods to evict tenants in England to revert to pre-pandemic levels

The Government has on the 8 September laid before Parliament, updated Regulations in respect of residential tenancies. The most important change brought in by the Regulations is that the notice period that a residential landlord must give to seek possession of their property from tenants has reverted to the same period as before the Covid-19 pandemic.

Where a landlord wants to give notice under S21 of the Housing Act 1988, prior to 26 March 2020 at least 2 months’ notice had to be given. During the pandemic, this initially increased to 3 months, then 6 months, and was most recently reduced to 4 months. As of 1st October 2021, if a landlord gives notice under Section 21 the notice period reverts to 2 months.

Striking mural at Davies and Partners new Bristol offices

Davies and Partners’ new purpose designed offices at 250, Park Avenue Aztec West in Bristol, have received some final finishing touches recently, with the addition of a striking mural, created by celebrated Local illustrator, Cai Burton.

This unique work, which runs across two walls in the client meeting area, can now be enjoyed by both employees and visiting clients.

The video below shows the making of this unique artwork and explains how our employees helped provide the inspiration for the design.

Davies and Partners Continues Support for Gloucester History Festival

Davies and Partners is delighted to announce that the firm is once again supporting the now, nationally renowned, Gloucester History Festival which runs from 4-11 September 2021.

This year, the Gloucester History Festival has the theme of Frontiers and Pioneers, and Davies and Partners is sponsoring a talk by economist and former Liberal Democrat leader Vince Cable, on the final day of the Festival. The talk is entitled: Money and Power: The World Leaders Who Changed Economics.

Grenfell Tower - steps in the right direction

Since our article, Grenfell Tower - taking action - The Building Safety Bill positive steps have been taken to address the fire safety issues in England and Wales. We summarise them here.

A - Higher-Risk Buildings

The Building Safety Bill¹ (the Bill) has been amended and now contains definitions of “higher-risk buildings”. These definitions apply to England only.

1) Physical building definition: A “higher-risk building” is “a building in England that:

a) is at least 18 metres in height or has at least seven storeys; and
b) is of a description specified in regulations made by the Secretary of State.”

A new fund (Compensation Fund No.2) is to be set up by Spire Healthcare Limited to allow former patients who were treated at their hospitals by Breast Surgeon, Ian Paterson, who have not previously received compensation, to submit claims for injury arising out of his negligent treatment.

An original fund of £37 million was created in 2017 which covered compensation claims for over seven hundred former patients of Ian Paterson who were treated at either Spire Healthcare or Heart of England NHS Foundation Trust (now incorporated in to University Hospitals Birmingham NHS Foundation Trust). 

Davies and Partners’ North Devon office purchases Defibrillator to help save lives in the local community

Davies and Partners Solicitors are proud to announce the purchase of an automated external defibrillator (AED) for their North Devon office.

In the UK, more than 30,000 out-of-hospital cardiac arrests occur each year. Survival rates are just 1 in 10, and each minute that passes between the cardiac arrest and treatment reduces the chances of survival by up to 10%. 12 people under the age of 35 (including children) die each week from sudden cardiac arrest. Early intervention through CPR and defibrillators massively improves the chances of survival.

Angela West Appears on Radio Gloucester to Help Employers and Employees work through the new Covid19 norms in Employment

Employment law specialist and Senior Associate Angela West appeared on BBC Radio Gloucester last week to discuss the ongoing difficulties that employers and employees have experienced over the last 16 months of the Covid19 Pandemic.

Angela joined BBC Presenter Dominic Cotter live on his show, to discuss several highly topical employment issues, including how, despite restrictions having been eased, employers still have a legal duty to provide a safe working environment for their employees.

Angela who answered questions during the Show from listeners explained how a safe working environment can be achieved and the need for employers to review and update their risk assessment policies.

Love in Lockdown

Davies and Partners’ Head of Family Law in London, Hazel McNaught, takes a look at the positive and negative effects the last year of Lockdown has had on love and family life.

"There is no denying that the consequences of the COVID pandemic have been considerable and wide-reaching. The pandemic has impacted every part of our society, and on a domestic level, lockdowns have meant that couples and families have spent an unprecedented amount of time together. Indeed, in the early days of lockdown, a number of couples, when weighing up the prospect of not seeing one another for months on end, took the step of deciding to move in together earlier than they might otherwise have done.

For better or worse, the pandemic has forced our lives into a microcosm, often amplifying existing tensions. For months on end, our lives were reduced to the four walls of our own homes, without the usual routine of work, friendships and socialising away from home. This has caused our romantic relationships to come into sharper focus. For some, more time at home was a positive: new couples were forced to accelerate, and for long-term partners, a simpler home life was a bonding exercise. The relationship counselling service Relate  reported that a heart-warming 61% of respondents said that lockdown has made them realise relationships are the most important thing in their lives.

Bariatric Surgery Claims against North Bristol NHS Trust

A recent story featured in the Bristol Post newspaper https://www.bristolpost.co.uk/news/bristol-news/mum-five-fearful-after-weight-5531982 has highlighted the distressing story of a mum-of-five who had complications following her weight loss surgery.

Sadly, this is not a one-off incident and Davies and Partners’ medical negligence specialist Sarah Hale  is currently assisting a number of patients who have been injured as a consequence of the same surgical error.

Long Covid – the ‘unknown’ road ahead for Employers

Employment Law Specialist Angela West considers the challenges long covid will provide for employers

"When Boris Johnson announced the “Roadmap out of Lockdown”, the nation breathed a cautionary sigh of relief that some semblance of normality was on the horizon. With the government’s four steps approach, we will (hopefully) see restrictions ease over the coming months, and businesses and employees slowly getting back to ‘the day job’ as we use to know it.

It is hoped that the success of the vaccine rollout will mean that ‘Step 4’ of the Roadmap will be achievable by the desired date of 21st June, and legal limits on social contact can be eased further. But the Roadmap reminds us that Covid-19 remains part of our lives, and as we move towards a future that is more familiar, it is a fact that the damaging and disastrous effects of Covid -19 will have lasting legacy on many people.

Back to the Future in Employment Law?

Davies and Partners Employment Law Specialist Angela West looks at the last year of unprecedented changes.

"The past 15 months will certainly be remembered as a time when just about every aspect of life changed. At the start of 2020 nobody had heard of the term ‘furloughed’ in an employment law context or the Coronavirus Job Retention Scheme (CJRS). COVID 19 had only just been declared ‘a global outbreak’ by the World Health Organisation (but was something which was happening on the other side of the world), and national lockdowns and wearing masks in public were something you would expect in a Sci-Fi movie.

The Furlough Scheme was a first of its kind in UK political history and has meant that for many employers, they have been able to ‘keep going’, as opposed to making difficult decisions about potential business closure or reducing headcount to save costs. Many businesses have needed to adapt and completely remodel their business strategies, and how they deliver their products or services. The pandemic has resulted in a major shift in employees working remotely from home, with many asking whether the ‘new norm’ of working is here to stay beyond the pandemic.

Double Celebration for Legal Director Suzanne Williams - acknowledged in Chambers and Partners 2021 and Reaccreditation onto the Law Society Panel

Davies and Partners Solicitors’ Legal Director Suzanne Williams, has a double celebration, having received recognition in the prestigious Chambers and Partners directory 2021 and achieving reaccreditation on to The Law Society’s Clinical Negligence Accreditation Scheme.

Chambers and Partners is a rigorous, independent processes that is recognised as the gold standard in legal insight.

Suzanne who is on the Firm’s Board and heads up the Bristol office’s Medical Negligence Team, has been highlighted in Chambers and Partners for over five years. This year’s entry states that: Suzanne is “well versed in matters concerning catastrophic brain and spinal injuries. A source remarks that she has "excellent judgement and an eye for detail," adding: "She chases the issues in a case."

Davies and Partners Announce Gloucester 10k is ready to run again!

Davies and Partners are delighted to announce that subject to Covid restrictions continuing to be lifted, the Gloucester 10k will be run again this year on 4 July 2021.

The 10K route provides an opportunity to run again through the City, or for those who would rather, it is possible to run the race virtually, or run both.

Half a Million People in Wales Awaiting NHS Treatment

Davies and Partner's Medical Negligence Solicitor James Wickett highlights another disappointing report has emerged today that estimates half a million people in Wales are waiting for NHS treatment and it is unlikely that the backlog will be cleared within the next 5 years. See report on BBC News Wales https://www.bbc.co.uk/news/uk-wales-56842562

Currently, there is also an increase in people waiting for diagnostic testing.

Hope that increased maternity funding will reduce medical negligence claims

Today, Davies and Partners welcome the news that the Government is allocating the NHS an extra £95 million to improve maternity care in all areas of England, including the South-West.

This news follows a report by Donna Ockenden, an independent midwifery expert, who looked at how failings in maternity care had resulted in the avoidable death of numerous babies and mothers at Shrewsbury and Telford NHS Trust over a twenty-year period. The report was damning and identified seven immediate and essential actions needed to improve maternity care services across England.

Essential Employment Law Update Seminar – 27 April 2021

Following what has been an extremely difficult year for many businesses, Davies and Partners specialist employment law team are holding an Essential Employment Law Update Seminar on Tuesday, 27 April at 9.30 am, to highlight and discuss the key changes to employment law that will impact businesses during 2021.

The Employment team is offering this essential update as part of their ongoing commitment to their valued clients. It will provide an essential update for Business Owners, Managers, HR personnel and anyone who has employees, workers or employs contractors.

Two of Davies and Partners’ Leading Medical Negligence Specialists Re-accepted into prestigious Headway’s Legal Directory

Two of Davies and Partners’ specialist medical negligence and personal injury lawyers Tracy Edwards and Lorna Lymer have been successfully re-accepted for inclusion in a specialist legal directory for Headway, the brain injury association.

Headway is a national charity which promotes understanding of all aspects of brain injury and provides information, support and services to people with a brain injury, their family and carers.

Davies and Partners has long been recognised for its expertise in brain injury claims, which are often highly complex and require a holistic approach.

Double Celebration for James Wickett

Congratulations to Davies and Partners’ medical negligence specialist James Wickett, who has two reasons for celebration this month, having been promoted to Legal Director and successfully completing the opening of a new dedicated office in North Devon.

James, who has worked for Davies and Partners since 2003, has spent over 20 years working exclusively in the field of claimant clinical negligence, making him one of the most experienced specialist solicitors in the country.

James, who grew up in North Devon, worked in Davies and Partners’ Bristol office for several years. He returned to live in his home county and has spent the last few years developing a successful practice in the area, with the support of his assistant Kirrin Snell.

James has a strong reputation within the medical negligence sector having an enviable 100% success rate at trial and having achieved some of the largest settlements in the UK for specific injuries at the time. Claims pursued by James have also resulted in changes being adopted in NHS practice in areas as diverse as infant tongue-tie and the management of abdominal aortic aneurysms.

How do we want to live?

On 31 January 2021, the government responded to the January 2020 Living with Beauty report of the Building Better, Building Beautiful Commission.
If you have not already read the 2020 report, it may be accessed here

Lockdowns have given us pause to consider our values and how the planning system and construction industry impacts the people living in its buildings and using open spaces. I hope that, like me, you will find the report inspiring. Ironically, I have had to block the light from a large window to read the report on screen.

The report is an uplifting read, with fantastic photographs of beautiful living spaces. It encourages the government and the construction industry to be aspirational in its design and creation of neighbourhoods.

Family Law Specialist Hazel McNaught Joins Davies and Partners to Head up Team in London

Prominent family law specialist Hazel McNaught, has joined Davies and Partners Solicitors as Legal Director, to Head up the Firm’s growing family department in their West End London office.

Hazel, who previously worked for Simons Muirhead and Burton LLP and Camilla Baldwin Solicitors, specialises in divorce and all family related matters including separation, pre-nuptial agreements and children matters.

Hazel has extensive experience representing high-profile and ultra high-net-worth clients and frequently advises in high conflict situations with complex assets and across several jurisdictions. She represents clients across the worlds of media, music, international sportsmen and politicians, both in the UK and globally.

New Senior Associate to Head up Bristol Office’s Employment Law Team

Specialist Employment Lawyer, Angela West has joined Davies and Partners Solicitors as a Senior Associate, to head up the Firm’s Bristol Office Employment Law Team.

Angela, who has over 20 years’ experience in employment law, joins Davies and Partners from Goughs Solicitors in Wiltshire, where she worked for five years as Head of Employment and Head of Healthcare Sector.

In her new role, Angela will be helping to expand Davies and Partners’ specialist legal services and to provide practical and proactive advice to both employers and employees, throughout Bristol and across the South West.

Angela has extensive experience acting for SMEs, national and international companies, undertaking all aspects of employment work, both contentious and non-contentious. She has also acted for charities and various institutions within the education sector.

Happy New Year to you all!

Against the backdrop of another lockdown, the construction industry is to be commended for continuing to work on projects in very difficult circumstances. Since the start of the New Year there have been a few developments worth noting:

1. 7 January: CLC Seventh Site Operating Procedures published: https://www.constructionleadershipcouncil.co.uk/news/site-operating-procedures-version-7-published/
   
   
2. 8 January: RICS public consultation opens on guidance for the valuation of buildings with cladding: https://www.rics.org/uk/news-insight/latest-news/press/press-releases/new-consultation-as-guidance-aims-to-improve-consistency-in-ews1-requests/: our recent articles on the Grenfell tragedy here Grenfell- planning for fire protection and Grenfell Tower - taking action
   
   
3. Government £30 million fund to pay for the costs of installing an alarm system in buildings with unsafe cladding opens, including retrospective recovery of cost of alarms installed after 17 December 2020 and a deadline for submission of 30 June 2021: https://www.gov.uk/guidance/waking-watch-relief-fund.

Grenfell- planning for fire protection

Since our article, Grenfell Tower- taking action, The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 4) Order 2020 has been made. Coming into force on 30th of December 2020, it requires that an applicant seeking prior approval of a development of an existing building of 18 meters or more, must provide a report from a chartered engineer (or other relevant professional) confirming that the external wall structure adequately resists the spread of fire over the walls and from building to building.

Attention All Residential Landlords

The Government has produced a new version of the How to Rent guide, entitled “How to Rent: The Checklist for Renting in England”.

The significance of this is that a landlord under an Assured Shorthold Tenancy (AST) will be prevented from serving a notice seeking possession under Section 21 of the Housing Act 1988, unless it has provided the tenant with prescribed information, including the current version of the How to Rent guide. Therefore it is essential the new version of the guide is given to a tenant at the outset of the tenancy, along with:

 An Energy Performance Certificate
 A Gas Safety Certificate
 Prescribed information in relation to deposit protection, if a deposit is taken