Davies and Partners
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Davies and Partners Solicitors has begun 2020 with the promotion of three of its senior solicitors, Caroline Davies, Kerry Raymond and Kirsten Compton, to the position of Legal Directors.
A lot of publicity has been given to the Employment Tribunal decision in the claim by Samira Ahmed against the BBC. For those who have somehow missed the detail, she used the equal pay legislation to claim that she was discriminated against on the grounds of her gender when paid £440 per episode of Newswatch when Jeremy Vine was paid £3,000 per episode in relation to presenting Points of View.
The decision in Samira’s favour has been made by an Employment Tribunal and not a Higher Tribunal. As such it is not binding on other Tribunals. As is usually the case the detail of the ruling is more complex than the headlines. In short, it appears that the BBC lost
This is the last Construction Unit news before the Christmas break and we wish you all an enjoyable break, whether or not it is a time of celebration for you.
The legal principle of unjust enrichment relied on by the Claimants in the December 2019 case of Munkenbeck [2019] EWHC 3225 in the Technology and Construction Court is rather esoteric, but this case will be of interest to consultants and contractors with novated appointments and building contracts.
Unjust enrichment involves the unjustly enriched paying the enricher the value of the benefit received. It can be claimed without a contract.
The case is lengthy, so in a nutshell:
Davies and Partners specialist Medical Negligence team have recently been successful in obtaining 'After the Event Insurance' to investigate claims relating to Bariatric surgery undertaken by Mr James Hopkins at Southmead hospital in Bristol.
A common scenario facing many of our clients is where a tenant leaves a property but fails to remove all of their possessions. This puts landlords in a difficult situation particularly in regard to who owns these possessions, and what is the landlord to do with them?
As an important starting point, landlords should be aware that the default position is that possessions left behind at the end of a tenancy continue to belong to the tenant.
Davies and Partners are proud to have again fielded a team for the well-established annual quiz organised by E.G. Carter in Gloucester. This year the event was raising proceeds for three very worthy charities in the James Hopkins Trust, MIND UK and Crohn’s & Colitis UK.
In order to be successful in an adverse possession claim it must be shown that:
1. There has been uninterrupted ‘factual’ possession of the land by the applicant for the ‘requisite period’ (this is usually between 10 and 12 years); and
2. The applicant must show that they intended to possess the land during this period.
One of the most effective ways of demonstrating an intention to possess land is through the erection of fencing. However, as the recent case of Thorpe v Frank and another [2019] EWCA Civ 150 demonstrates, this is not the only method…
The Help to Buy ISA was introduced in 2015 as a way of assisting first-time buyers with getting onto the property ladder. The Scheme has been hugely popular; assisting around 250,000 new buyers.
Any property purchased with the scheme, is limited in value to £450,000 within London or, £250,000 outside of London. Savings are tax-free with the government topping up any contributions made by 25%, up to a limit of £12,000. So, for every £200 you save, the government will contribute £50; resulting in a maximum potential government contribution of £3,000.
Our Head of Construction, Jan Grimshaw, attended the Adjudication Society Annual Conference on 7 November for an update on all matters adjudication, particularly the interplay between enforcement of adjudication decisions and the tactical use of CPR Part 8.
The next day Jan attended the Chancery Lane Project, a climate change conference for lawyers, spending the day discussing and working up ideas for "greening" contracts and workplaces.
Thanks to the Chancery Lane Project for organising this stimulating event. The Chancery Lane Project is inviting lawyers to host their own collaborative environment problem solving event. If you would be interested in attending or co-hosting an event in the Bristol area, please get in touch on jan.grimshaw@daviesandpartners.com.
Of interest to all involved in constructing houses, the Ministry of Housing, Communities and Local Government consultation ‘The Future Homes Standards’ is the first of two consultations on new standards for housing and is focused on changes to the Building Regulations, Part L (conservation of fuel and power) and Part F (ventilation) for new dwellings.
For the ninth year in succession, Davies and Partners Solicitors is delighted to be supporting and sponsoring the Gloucester History Festival, which will run across various venues across the City from 7th – 22nd September.
Davies and Partners is one of the original sponsors of the event, which began as a small history concept, devised by Richard Graham, M.P. for Gloucester. Since then, The History Festival has grown to become a nationally recognised event covering local, national and international history.
Apart from supporting the two-week event, Davies and Partners is also sponsoring a fascinating talk entitled,‘The Secret Life of Words’ presented by Susie Dent of Countdown. The talk will be held on Wednesday 18th September in the stunning 13th century medieval Blackfriars Priory site, in the heart of Gloucester.
We are pleased to announce the continued sponsorship of the ‘Business of the Year’ category at the Believe in Gloucester Awards; a category we have sponsored since the Awards began. The Awards are now in their 7th year and represent a well-established event for businesses in Gloucester.
The Awards are free to enter and provide significant exposure for local businesses or individuals who are shortlisted as finalists or, even go on to win the category.
Davies and Partners is delighted to announce the continued sponsorship of Gloucester Rugby Player Jason Woodward https://www.gloucesterrugby.co.uk/player?PlayGuid=JW564534 for another year.
Davies and Partners which has four offices around the UK has had an office in Gloucester for over 30 years. During this time the firm has been an active and highly supportive member of the region’s business and commercial community. The firm has been a keen supporter of many Gloucestershire community initiatives over the years including Believe in Gloucester and the Gloucester 10K race.
When a significant client win for Davies and Partners required the appointment of 25 new employees, increasing staff numbers to over 180, the firm decided it was time to replace their current communication infrastructure with a flexible, scalable solution that would support future growth and expansion and increase efficiency for clients.
Davies and Partners’ legacy telephone systems throughout its four offices in Birmingham, Bristol, Gloucester and West London, were becoming increasingly difficult to maintain and support and each was working on a standalone basis, with a lack of integration and no failover.
“With new members of staff joining the team, our existing phone system in Birmingham was at capacity and due to its age, we couldn’t buy any expansion or upgrade,” explains Dan Smith, Davies and Partners IT Manager.
Davies and Partners worked with Bamboo to provide a unified communications solution to meet immediate needs and those for years to come. By integrating the systems in each office, calls could be routed across all sites, providing greater business continuity.
Davies and Partners medical negligence specialist James Wickett, has taken the bold step to have his new electric BMW i3 car branded with the firm’s new corporate ID.
James who lives in North Devon, purchased the electric car as he wanted a more sustainable option for when he drives around North Devon and the South West to visit his clients.
A team of Davies and Partners’ young, up and coming lawyers from the Bristol and Gloucester offices attended the Junior Lawyers Division Ball on behalf of the firm recently.
The annual event raises funds for a different charity each year. This year the event raised funds for Off The Record, a mental health charity aimed at providing support for young people aged between 11 – 25 in the Bristol and South Gloucestershire area.
The event was well received by all who attended and Davies and Partners look forward to supporting the event again next year!
A team from Davies and Partners Solicitor's Bristol office recently took part in the Simplyhealth Great Bristol 10k.
A huge congratulations to (from left to right) Adam Kilgour, Chrissy Lewis, Ewan Kilgour, Leeanne Worsey, Isaac Cole, Simon Pressdee and also to Anita Marriott (not shown in photo).
A standard refrain from accused employers is that ‘I didn’t know that the employee had a disability so how could I have made adjustments/otherwise discriminated?’.
In the recent case of Lamb v The Garard Academy the EAT has confirmed that a sceptical approach will be taken towards employers saying that.
Under the Equality Act 2010 Section 21(2) the employer has to have actual or constructive knowledge of an employee’s disability to have a liability. ‘Actual’ is not an issue, but what about ‘constructive knowledge’? This applies when the employer could reasonably be expected to know of the disability. It is clear that an employer cannot just close its eyes to a practice which might be suggested of a disability. In his particular case a school teacher was off sick as a result of reactive depression and alleged bullying. She had apparently been told by the deputy head that she was responsible for a pupil feeling suicidal – but which was apparently then deemed to be a case of ‘mistaken identity’ and also the school’s failure to take action in relation to her concerns about the use by a pupil of racist language.
Davies and Partners’ Employment Law team recently coordinated a mock employment tribunal for the benefit of Gloucestershire Members of the Chartered Institute of Personnel and Development (CIPD) and a number of postgraduate students from the University of Gloucestershire.
Davies and Partners Solicitors’ specialist Land Acquisition and Disposal Team has advised Bovis Homes on a successful joint venture agreement with The Riverside Group, which will see the development of more than 1,800 new homes at Stanton Cross in Wellingborough.
The 50:50 Joint Venture (JV) will see Bovis Homes’ Northern Home Counties region deliver the homes on behalf of the JV with immediate effect, with delivery of the wider scheme to continue over the next 10 to 15 years. The properties delivered by the JV will be a mix of homes available on the open market and some that will be designated as affordable housing.
Davies and Partners has a long-held national reputation as a leading player in residential land acquisition and development. Bovis Homes has been a client of the Firm for many years and outsourced its entire legal requirements to Davies and Partners in 2017.
At long last, the Government has announced that a new no-fault divorce law will be introduced “as soon as parliamentary time becomes available”.
The present rules require one party to allege grounds of adultery and unreasonable behaviour if they wish to start divorce proceedings soon after separation. Otherwise, they would have to wait for two or five years depending on the circumstances.
Mike Follis, Head of Family at Davies and Partners, welcomes the announcement. He said, “This reform is long overdue. Divorce is a difficult time, not only for the couple but also their family and children. For some years there has been a move towards encouraging greater co-operation between couples in divorce and the need to blame one of the parties for the marriage breakdown can increase the potential for conflict.
The Justice Secretary David Gauke has announced these proposals following a period of consultation and I only hope that there is a political will to now see this become law.”
If you would like to discuss divorce or any other family law issue, please contact our specialist Family Law & Divorce Team
Davies and Partners is delighted to announce that Divorce and Family Law specialist, Fiona Gorman, has been appointed by the Lord Chief Justice as Deputy District Judge to sit in civil and family matters on the Western Circuit.
Fiona, an Associate, qualified in 1997 and has been at Davies and Partners for 12 years.
Davies and Partners Solicitors is delighted to once again be sponsoring The Gloucester Races 2019.
Gloucester Races and Country Fair is a fun-filled sporting event which takes place on 31 March 2019.
The event is local to Davies and Partners’ Gloucester office, set in the grounds of Maisemore Park on the banks of the River Severn. The event showcases the best of British amateur horseracing over the jumps combined with rural crafts and an action-packed Country Fair.
Davies and Partners’ Agricultural and Rural Business Team are specialists in their field. They are highly experienced in equine matters, working for equine businesses, individual owners, livery yards, stables, landlords and farmers both regionally and nationally. To discuss any Agricultural, Equine or Rural business legal matter, please contact John Fisher, Head of Department, e: john.fisher@daviesandpartners.com
Whilst the UK is facing a significant amount of uncertainty regarding its future and the impact of Brexit, the Family Law team at Davies and Partners Solicitors have been considering the implications of Brexit on divorces. At the moment, all countries within the EU operate on a ‘first past the post’ system where the country in which proceedings are issued first will be the country that has conduct of the case. However, if the UK exits the European Union, there will no longer be a requirement for this system to apply. Will UK law still allow for similar rules to apply? Will there be more difficulty when deciding which country should deal with a divorce? This will all depend on the law adopted by the UK after Brexit.
A final report from the Pensions Advisory Group is expected in April 2019. The treatment of pensions in divorce proceedings is a thorny subject and it is hoped that there will be some clear guidance and clarity which will help couples going through a divorce with pension issues.
Mike Follis, Head of Family at Davies and Partners, said “The pension pot can be a very significant asset in divorce cases. Unfortunately, there can be arguments and litigation as to how to best address the issues. The Pension Advisory Group is led by two eminent judges and comprises of multidisciplinary talents who will hopefully provide clearer answers to the problems which couples face. I would welcome greater clarity and certainty in this complex area of law”.
If you would like to discuss any Pension and Divorce issues or Family Law matters, please contact our specialist Family Law and Divorce Team.
