Employers - Knowledge of Disability 

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.

Employment Law Team Coordinate Mock Employment Tribunal

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 Advise on Major Bovis Homes and Riverside Joint Venture

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.

Divorce Law Reform 

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

Divorce and Family Law specialist appointed as Deputy District Judge

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.

Sponsorship of Gloucester Races

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

Brexit – How one divorce will affect another

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.

Pensions in divorce proceedings

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.

Davies and Partners Move to the Cloud

Partners Solicitors has carried out a major upgrade of its IT infrastructure with DPS Software. The project has streamlined its systems onto a digital platform and future-proofed its processes to establish a solid foundation to meet its ambitious growth plans.

Davies and Partners has been providing its clients with highly specialist legal services for over 30 years. The Firm employs 180 staff across its four offices in Birmingham, Bristol, Gloucester and London’s West End. The Firm is renowned in the property sector and a strong reputation in a wide range of legal services for business and private clients.

In developing the infrastructure changes, Davies and Partners considered various options and a range of systems available in the market. The Firm required a solution that incorporated its existing case management procedures with an automated reporting system for clients.

AvMA Panel Reaccreditation for leading Clinical Negligence Specialist

One of the UK’s leading medical negligence solicitors, Ewan Lockhart from Davies and Partners Solicitors, is celebrating his reaccreditation onto the prestigious Action against Medical Accidents (AvMA) Specialist Clinical Negligence Panel for a further five years.

Ewan, who is Davies and Partners’ Chief Executive, also heads up the Firm’s renowned Clinical/Medical Negligence Department. He is a Member of, and an Assessor for, the Law Society's Clinical Negligence Accreditation Scheme and he has been a Member of specialist AvMA Panel for last 12 years. All members are required to apply for reaccreditation every five years.

Award-Winning Lawyer Joins Construction Team

Davies and Partners Solicitors has appointed leading construction lawyer Sean Randall-Morris to develop the firm’s contentious and dispute resolution service for construction clients.

Sean, who joins Davies and Partners as Senior Associate, was previously Head of Chambers at arbitration firm, St Catherine Chambers in London.

He specialises in construction claims and disputes and all aspects of contract and commercial law. Before becoming a lawyer, Sean was a Chartered Surveyor and remains a Fellow of the Royal Institution of Chartered Surveyors (FRICS).  His construction background allows him to quickly get to grips with technically complex issues and disputes within the construction sector. 

Don’t be caught by the Rentcharge ‘Scam’

As Conveyancers acting for some of the UK’s largest house builders, Davies and Partners Solicitors have seen that new Estate Rentcharges are still being created by many New Build Developers. So what are they and how do the effect you?

Davies and Partners' Legal Director Nigel Tillott, presents a cheque for £5000 raised from the 2018 Gloucester 10K race, to representatives from Young Gloucestershire, a countywide charity that supports disadvantaged young people (aged 11-25) who are facing challenges in their lives.  

Davies and Partners Solicitors in Gloucester has been proud to support the Gloucester 10K race for the last five years. 

Go Ahead for mixed-sex couples wanting Civil Partnerships

The government has finally announced that heterosexual couples in England and Wales will be able to enter a civil partnership rather than get married. Mike Follis head of Family Law at Davies and Partners welcomed the announcement.

New Head of Wills, Trust and Probate at Davies and Partners Solicitors

To support its continuing expansion plans, Davies and Partners Solicitors has promoted Nayur Zahoor to Legal Director and the Head of its dedicated Wills, Trust and Probate team.

Nayur, who is a full member of the Society of Trust and Estate Practitioners (STEP), joined Davies and Partners in 2016.

Gloucester's 10K Race, supported by Davies and Partners, has raised £40,000 for local charities

Davies and Partners Solicitors in Gloucester has been proud to support the Gloucester 10K race for the last five years. Over that period, the race has raised an incredible total of £40,000 for local charities, including this year's Race which raised £5,000 for The James Hopkins Trust.  Read more about the Charities which have benefitted here. 

Davies and Partners Sponsor The Gloucester History Festival 

For the eighth year in succession, Davies and Partners Solicitors is delighted to have supported and sponsored The Gloucester History Festival 2018, which was run across various venues across the City from 1-16 September.

Supreme Court Consider 'Meal Ticket for Life’

On 18 July 2018 in the case of Mills v Mills the court unanimously decided that the husband should not be expected to pay for the wife’s rental costs and so the wife failed in her application to increase an order for periodical payments.

Cupcake Day raises funds for Alzheimer's Society

Employees from Davies and Partners' offices in Bristol and Gloucester took part in Alzheimer's Society Cupcake Day to help raise funds for Alzheimer's Society in June.

Maintenance - Meal ticket for life?

The recent case of Waggott v Waggott [2018] EWCA Civ 727 was heard in the Court of Appeal. The question before Lord Justice Moylan, Sir James Munby and Mr Justice Macdonald was; is earning capacity capable of being a matrimonial asset to which the sharing principle applies?

Davies and Partners Supporting Gloucester 10K - 8 July 2018

Davies and Partners Solicitors is once again supporting the Gloucester 10K which this year is being held on 8th July, 2018.

Restrictive covenants and your rights to develop

Demands for housing are ever increasing.  With a rising population and land in short supply, this has led to owners seeking to optimise the value of their land by way of development.  However, it is all too easy to think that obtaining planning permission will give the green light for development.

Japanese Knotweed - Buyers Beware!

Japanese Knotweed (‘JKW’) is a pernicious weed which has made headlines in recent years.  From infesting a 200 hectare site designated for the 2012 London Olympics, to cases in homeowners’ back yards, its growth looks set to continue.

Landowners should give careful consideration to the presence of JKW on their property or neighbouring land. Those who have JKW on their land may incur civil and/or criminal liabilities if JKW is not handled correctly.

NHS Breast Cancer Screening Scandal - What we know.

Yesterday afternoon, Health Secretary, Jeremy Hunt announced to parliament that for almost a decade, the NHS has been failing to invite women aged between 68 - 71 for breast cancer screening.

It is thought as many as 450,000 women aged between 70 - 79 could have been affected.

An independent review has been launched to determine why this has happened, why the error was able to go undetected for 9 years and how it can be prevented from happening again.

For the full story and advice please read more at our dedicated Medical Negligence site here

Novitas Loans

Davies and Partners specialist Family Law and Divorce Department is delighted to announce that the Department is now able to offer further options to assist with funding the legal costs of family proceedings with Novitas Loans.