Being accused of an animal cruelty or welfare offence can often be highly emotive for all involved and complex on a practical level. The powers available to the Courts are considerable and a successful prosecution can lead to the loss of a dearly loved pet, a ban on having animals in your possession or the end of your business. Our team recognise these significant risks and can provide clear advice and specialist legal representation to those facing accusations relating to:

• Pets
• Working animals
• Farm animals

We have experience acting for clients facing investigation and prosecution by Trading Standards or the RSPCA for cruelty and welfare offences under the Animal Welfare Act 2006 and the Welfare of Farmed Animal (England) Regulations 2007. 

Investigations and Pre-Charge Engagement

If you're being investigated for animal cruelty or welfare offences, it's probable that someone has alerted the RSPCA or Trading Standards about their concerns for your animal(s).

In most cases, the first you’ll become aware of the involvement of the RSPCA or Trading Standards will be when an officer visits your home address or business premises, with a request to see the animal(s). A Trading Standards officer, investigating concerns about working or farm animals, may well be accompanied by a vet in order to carry out an immediate assessment. Trading Standards officers have powers of entry and seizure. An RSPCA officer doesn’t have these powers, so will be reliant on your voluntary cooperation in order to enter your premises, examine your animal(s) and to take them away (for examination by a vet), however if you were to decline to cooperate, the assistance of the police could be called upon by the RSPCA.

Interviews under caution are dealt with on a voluntary basis, unless the police have become involved and you find yourself under arrest. Facing a criminal allegation and an interview under caution is an extremely stressful experience. Our approach to such interviews is to seek to establish a constructive working relationship with the investigator in order to seek to obtain as much pre-interview disclosure as possible about the specifics of the allegations, so that we can take your full instructions and advise you upon the most appropriate approach to the interview, which might be carried out in person or in writing. We may well at this stage advise upon obtaining an expert vet’s opinion, to inform the approach to the defence case at the earliest of stages. We will be alongside you throughout and will advise you whether it is in your best interests to answer questions, provide a written statement or exercise your right to silence.

Our work won’t necessarily stop at the conclusion of the interview. In appropriate cases we will pro-actively engage with the investigator to seek to persuade them not to prosecute. This is known as pre-charge engagement and can involve serving witness statements and expert reports, alongside written submissions that no further action should be taken or that an alternative to Court (such as a caution) could be administered.

Court Proceedings

If you are charged with an offence, you will receive a Notice of Criminal Charge or a Summons via post. This will include the date and time of your first hearing in the Magistrates’ Court. In advance of the first hearing we obtain disclosure of the prosecution evidence, take your further instructions and advise on plea. You will be expected to enter your plea at the first hearing.

If you are facing one of the more serious animal cruelty offences, such as:

• Causing unnecessary suffering
• Carrying out a non-exempted mutilation
• Docking the tail of a dog except where permitted
• Administering a poison to an animal
• Involvement in an animal fight

we will also advise you on venue, as these offences can be tried and / or sentenced either at the Magistrates’ Court or the Crown Court.

If you plead not guilty we will carefully and thoroughly prepare your case for trial, whether that takes place in the Magistrates’ Court or the Crown Court. This will include instruction of a barrister to represent you. We have a long-standing close relationship with one of the country’s top sets of criminal defence barristers.

If you plead guilty, we will work with you in preparing your mitigation and strive to attain the most favourable outcome possible. Please see our article which relates to the Courts’ sentencing powers and guidelines.

Appeals

If you have already been to Court and are dissatisfied with the outcome, we can advise you on appealing against your conviction or sentence.

Funding Your Case

We don’t provide advice and representation under legal aid. All services we provide are on a privately funded basis only, allowing our team to access expert forensic Vets to inform and support your defence at the earliest of stages in your case.

For further information of how the Leathes Prior Criminal Defence Team can help you, please contact Howard Catherall via hcatherall@leathesprior.co.uk or call 01603 281172. 

Employment & HR Services

Our Employment Team offers a range of employment law in-house training sessions, tailored in every way to suit your individual business needs. The sessions can be delivered in person or remotely, depending on your requirements, and provide clear, concise, and practical advice which can then be implemented straight into the workplace.

Using the same pragmatic, can-do approach taken in the day-to-day advice provided to clients, the team ensure that each session gives delegates the tools they need to deal with tricky HR issues proactively. Popular topics include:

• Effective Performance Management - Bespoke half day training covering the law and best practice on dealing with poor performance, and managing performance generally, with interactive exercises and advice on what to do when performance fails to improve.
• Equality and Diversity - Half day training that can be adapted for either managers or the wider workforce to help to develop a more equal and diverse workforce.
• Dealing with Disciplinaries and Grievances - Half day or full day training covering the law and best practice on disciplinary and grievance procedures, as well as advice on handling both investigations and meetings, with reference to policies in place.
• Employment Law Overview for Managers - One of our most popular sessions, half or full day training on the key principles of employment law, to assist managers with getting to grips with the legal framework surrounding employees’ rights. This training includes real life examples to enable managers to better understand their obligations on a practical level.
• Managing a Redundancy Exercise - Half or full day bespoke training on the legal aspects of a redundancy exercise, including setting selection pools, selection criteria, and how to undertake a fair redundancy consultation.
• Discrimination: Avoiding the Pitfalls - An interactive half day session on discrimination laws and when “banter” becomes a problem. The session focuses on examples and scenarios, and equips managers with the tools they need to tackle discrimination.
• Data Protection - In-house training (up to half a day) of use to all businesses. The bespoke training covers a wide range of topics such as: compliance with the GDPR regulations; handling sensitive data; information security; and responding to Subject Access Requests.
• Working Time Regulations: Working Time and Time Off Work - providing an overview/reminder of the rules on working time and what counts as working time, together with top tips on managing working time issues.
• Modern Social Media: Issues Relating to Employment Law - A fun and interactive session focusing on the latest trends in social media, employment law, and how to deal with these issues proactively.

Aside from these courses, the Employment Team can deliver training on a variety of other topics, which can be tailored to suit your business.
Please get in contact with Harriet Howes on hhowes@leathesprior.co.uk or 01603 281146, for further details.

The team’s broad experience advising on legal matters relating to a range of sports allows them to assist athletes and professional clubs / bodies across the entire sports industry.

Over the years, Dan has engaged with a broad range of sports such as cricket, rugby and women’s football, supporting them with various complex legal matters, whether they be commercial, corporate or regulatory. Dan’s multidisciplinary experience often enables him to bring the benefit of his knowledge from one sport to another, giving his clients the kind of pragmatic advice only possible as a result of the breadth of Dan’s sports law practice. 

See below for some of the other sports areas that Dan has assisted with.

Dan and his team are one of very few firms in the UK that provide a complete and fully comprehensive service dealing with a myriad of matters for professional players, managers, coaches, and clubs. Dan’s wealth of insight and knowledge allows him to gain a full understanding of his client’s legal needs in order to provide them with the most practical and commercial solution.

The dynamic team are regularly instructed to provide legal advice on a wide range of contentious and non-contentious matters. In particular, Dan has appeared before numerous FA, Football League and National League Tribunals, and has highly-specialised experience in successfully dealing with Football Disciplinary Commission hearings and FA Rule K Arbitrations. Dan also advises on negotiations, transfers, and eligibility issues, as well as on recruitment, contracts, and termination, to name a few.

No matter is a small matter, and Dan and his team are on hand to assist with all levels of professional football. The team’s keen focus on understanding clients’ legal needs lies at the heart of its success and ensures clients receive the best practical advice and support possible.

Dan is one of the longest standing and most experienced FA Registered Intermediaries in the UK (more commonly known as football agents), evidenced by his registration number IMS000687  (meaning he was the 687th to be authorised to act as an intermediary in the UK) - there are now well over 6,250 FA Registered Intermediaries. Even before he became an intermediary, Dan was licenced as a FA Registered Lawyer (a status that no longer exists) and whilst until 2022 his football intermediary/agency services were offered under the Full Contact brand, he still maintains his intermediary status at LP Sports so that any club or player who requires intermediary services (as opposed to the services of a sports lawyer) has that option available to them.

See the below tabs for more information on the specific services offered by the LP Sports Team.

You may be prepared to sell, but is your business?

Leathes Prior has developed a simple and easy-to-use tool, to help you identify the areas of your business that may need some attention and assess how ready your business is for sale.

All you need to do is answer a few questions about the key areas of your business using the drop-down responses. You will then receive an email report identifying which areas of your business need further attention. 

Completing the Company Sales Tool will only take approximately five minutes of your time and will give you a better understanding of how ready your business is for sale. To get started click below:

Please note that the information in the Company Sales Tool and corresponding report are only intended to be general guidance and specific advice should be sought before proceeding with any legal sales process.

We provide expert and specialist advice, assistance and representation to all those involved in the domestic and international supply chains: traders, freight forwarders, hauliers, fulfilment house operators and warehouse keepers.

Our Supply Chain Team recognise the significance of logistics to businesses and is headed up by recognised specialist Howard Catherall, a Member of the Chartered Institute of Logistics & Transport and the only Legal 500 “Hall of Fame” lawyer for Transport & Shipping based in East Anglia. We are proud members of BIFA and UKWA, and provide a full range of legal services to the supply chain sector. 

• Corporate & Commercial 
• Construction
• Data Protection
• Dispute Resolution 
• Employment 
• Fulfilment House Due Diligence Scheme
• Investigations & Prosecutions
• Operator Licensing
• Property & Planning
• Seizure of Goods
• Supply Chain Supper Club
• Transport & Haulage

Remarkably, Dan has navigated his way around the world of motorsport providing sensible and pragmatic advice and solutions to both motorsport teams and individual racing drivers, within every series. The talent that Dan has worked with is substantial, all of whom are seeking to make it all the way to the pinnacle of their sport, and Dan ensures he provides the legal service to match that ambition.

Motorsport law is a niche area, in which only a handful of lawyers specialise in the UK; it is therefore with great pride that Dan and the LP Sports team have such a key presence in this sector.

Whilst Dan deals with many non-contentious matters, he is also very well known for making regular appearances representing motorsport teams and drivers of all levels before the Motorsport UK National Court and international sporting courts and tribunals.

No motorsport client is the same, and the LP Sports Team pride themselves on the long-term relationships they build with each and every client, and recognising the specific needs and demands of each and every one. 

Dan has been involved with various complex matters within motorsport, and has built long-standing relationships with a number of high-profile clients through a range of contractual, commercial, regulatory and crisis management matters.

See the below tabs for more information on the specific services offered by the LP Sports Team.

The practical and legal steps that need to be taken when someone dies can be daunting. 

Our Team can help by taking on the administrative burden and completing the whole process for you.  We can also assist with the following: 

• Grants of Probate
• Advice on the duties of an Executor
• Intestacy (where there is no valid Will)
• Probate sales of property
• Inheritance tax
• Estates including agricultural or business assets
• Estates including foreign assets
• Deeds of Variation
• Advice on Will Trusts

To discuss any of the above, please call us on 01603 610911 or email info@leathesprior.co.uk.

If you have a dispute regarding a Will or administration of an estate please see our Wills & Probate Dispute Team.

Leathes Prior is committed to providing transparency in its pricing in line with the SRA Transparency Rules and as a firm, we are always happy to talk to prospective clients free of charge to further explain any aspect of this. Please see our range of costs here.

A Lasting Power of Attorney (LPA) is a document allowing you to appoint somebody of your choice to look after your financial affairs or make decisions about your personal welfare if you become unable to do so yourself.  

To make an LPA you must have the mental capacity to understand the document you are signing.  It is therefore important to make an LPA well in advance of any loss of capacity, for example through dementia.

The Team can guide you through the process and can assist you with the following:

• Preparation of LPAs
• Certificate providing and capacity assessments
• Registering LPAs with the Office of the Public Guardian
• Advance Decisions also known as Living Wills
• Registration of Enduring Powers of Attorney (EPAs)
• Advising on the duties of Attorneys
• Preparation of LPAs for business assets

If your family member does not have the capacity to make an LPA then a Deputy might need to be appointed. Please visit our Deputyship and Court of Protection page or contact our Team to discuss your options. 

Estate planning is the whole process of structuring your estate. This encompasses the preparation of Wills, trusts, making the best use of Inheritance Tax reliefs and exemptions, Lasting Powers of Attorney and advice on lifetime giving. 

We like to work in conjunction with accountants and financial planners to make sure your affairs are structured in the best possible way for your circumstances. Please contact the team if you need assistance or have any further questions by emailing info@leathesprior.co.uk or calling 01603 610911

Please see our other pages;

• Wills
• Trusts
• Lasting Powers of Attorney

From inheritance tax to the protection of family members to residential care home fees, trusts can be used to protect assets both during lifetime and after death. Trusts have a particular relevance today with more people having second families and the need to balance the competing interests of current spouses and children from a previous relationship.

If you have a disabled child or beneficiary who has lost capacity then a trust can be used to preserve any benefits they are receiving and to protect their inheritance.

Our areas of expertise include:

• Setting up lifetime trusts (also called ‘inter vivos’ trusts)
• Discretionary trusts
• Life interest trusts (also called ‘interest in possession’ trusts)
• Will trusts
• Personal Injury and Disabled Persons trusts
• Advice on winding up trusts
• Deeds of Appointment and Retirement of Trustees
• Deeds appointing trust assets to beneficiaries
• Advice on the duties of Trustees

Feel free to contact our team for expert advice on 01603 610911 or info@leathesprior.co.uk.

Having no Will means that the intestacy rules will determine the division of your estate and your intended beneficiaries may end up sharing your estate or losing out altogether.  Did you know that spouses do not always end up getting the whole estate under the intestacy rules? 

A Will enables you not only to direct your assets, but also to protect assets and beneficiaries by the incorporation of trusts.  

Our areas of advice include:

• Preparation of Wills
• Wills including trusts
• Inheritance Tax advice
• Business assets
• Wills protecting disabled or vulnerable beneficiaries
• Wills balancing the needs of a spouse and children
• Wills protecting cohabitees
• Advice on the protection of assets from care home fees
• Appointing professional Executors

Our Team offers a fixed fee for ‘straight-forward’ Wills.  The cost for Wills with more complex instructions including inheritance tax planning or trusts will be higher but we would agree the price with you before undertaking any work.

We are happy to talk with you about the services we offer on a no obligation basis. Please contact us to discuss your situation further. 

If you have a dispute regarding a Will or administration of an estate please see our Wills & Probate Dispute Team.

We recognise that the technology sector is becoming a key part of our offering, and that a different approach is often required when providing legal services. Our aim is to assist you throughout the lifecycle of your business: from the early growth stages to becoming a successful commercial operation, to safeguarding your future. Members of Leathes Prior’s specialist, dynamic and approachable Technology team provide the best tailored advice for you, driven to become your trusted business partner and legal adviser. 

Our Technology team is comprised of lawyers who all have a genuine interest in technology and a willingness to adopt a pragmatic approach to problem-solving. We have experience in representing a diverse range of clients across the technology sector, including providers of artificial intelligence, Agile development, Healthtech, Fintech and cloud services technologies. 

With this in mind, we are here to help your business by advising on:

• Setting up the appropriate corporate structure
• Protecting intellectual property
• Fundraising
• Licensing technology to third parties
• Appointing and incentivising management
• Negotiating key commercial deals
• Data protection compliance
• Delivering a successful exit

Our Technology team will also work closely with other teams in the firm including Litigation & Dispute Resolution, Employment and Commercial Property to ensure that clients receive a comprehensive service. If your business is not in the technology sector, we do have a Start-ups and Small Businesses team who will be able to assist.

Leathes Prior has been a consistent supporter of the local start-up sector, sponsoring the highly acclaimed SyncNorwich and Sync the City events. Our staff have also participated in these events, in order to obtain a better understanding of the challenges posed to technology businesses.

We are committed to working closely with our clients on their journey, and it is our aim to consistently offer commercial and practical advice in order maximise their success. 

We have released a new four part video series called the "TechFounders series" where we spoke to the founders of some of the most innovative tech businesses in East Anglia. Check out the videos below;

TechFounders - Rainbird

TechFounders - FXhome

TechFounders - Safepoint

TechFounders - Fountain Partnership

For more information, please call us on 01603 610911 or email us on info@leathesprior.co.uk.

We can advise and represent those being prosecuted for traffic offences, facing penalty points, a driving ban or even prison. We also regularly assist drivers, businesses and organisation's in the transport industry, such as taxi, private hire, bus and HGV drivers and operators in dealing with a wide range of regulatory issues. By way of example we appear before the Traffic Commissioner for both drivers and operators.

Motoring offences can potentially have devastating consequences for individuals particularly in those situations when the motorist clearly had no intention of doing anything wrong. This can  be due to the seriousness of a particular incident, or where there has been a minor violation, but in the context of a motorists overall driving record the implications are far reaching. The accumulation of penalty points can result in a mandatory or discretionary driving disqualification or automatic revocation of your driving licence under the ‘totting-up’ and ‘new driver’ provisions. The result of losing the ability to drive can have severe consequences to your continued employment and personal situation. For certain more serious offences, the courts can also impose a custodial sentence.  

In recent years there has clearly been a targeted increase in the enforcement of motoring offences and the amendments to the law mean tougher penalties are now given to motorists who fail to comply. When you are alleged to have committed a motoring offence or are, charged or prosecuted, it is important you fully understand everything about what is alleged against you and the options available.  Our specialist team can help with that.

• Careless driving (driving without due care and attention)
• Dangerous driving
• Causing serious injury by dangerous driving
• Death by dangerous driving
• Failing to stop after an accident
• Failing to report an accident
• Failing to identify the driver
• Drink driving
• Drug driving
• Failing to provide a specimen
• Driving whilst disqualified
• Causing serious injury when driving whilst disqualified
• No driving licence
• No insurance
• No MOT
• Speeding
• Using a mobile phone
• Drivers hours and tachograph offences
• Excess weight
• Using a vehicle in a dangerous condition

How we can help:

• Advising on Notices of Intended Prosecution (NIP)
• Advising and representing at police interview
• Advising on Single Justice Procedure Notices (SJPN)
• Advising and representing at Court Hearings:
  • Exceptional Hardship arguments
  • Mitigation on sentence following a guilty plea
  • Special Reasons arguments
  • Trials
• Advising and representing at Traffic Commissioner Driver Conduct Hearings

If you are suspected of a motoring offence, we recommend you seek legal advice at the earliest opportunity. The team’s early intervention has in some instances stopped an investigation from progressing to a prosecution before the Courts. If you have been charged with an offence, we recognise it is a daunting experience and will do our best to help.

Where appropriate, some aspects of case preparation work and routine communication with clients or other parties (such as the police or the courts) may be delegated to our Paralegal, Kirsty Chaplin. Kirsty has a first class honours law degree from the University of Law and has worked exclusively on criminal defence and motoring offence cases since joining Leathes Prior in August 2022, working under the direct supervision of Howard Catherall. 

Unfortunately when a relationship breaks down children are often caught in the middle and it is not always easy to agree the arrangements for your children with your ex-partner. In most cases it will be expected that your children should have a relationship with both parents provided that it is safe and appropriate to do so depending on the circumstances of your individual case.

If you are unable to agree arrangements for your children (formally known as ‘residence’ and ‘contact’) then our Family Solicitors can assist by offering you helpful, constructive advice. We understand that children will always be the most important consideration for parents if a relationship should unfortunately break down. We can help you address matters relating to whether or when a child should see each parent, where a child should live, issues relating to Parental Responsibility and more specific issues such as education, change of name or holidays, and financial support for children.

There are various ways which can assist you with reaching an agreement which include:

• Agreement reached through correspondence
• Round table meeting. 
• Mediation       
• Court

If necessary, once an agreement has been reached it can be a good idea to include it in a ‘parenting plan’. There is no set definition of what can, or should, be included in a parenting plan because all families are different and have different requirements. Often the contents will include the arrangements for the child to spend time with each parent, handover arrangements, the practicalities of your children’s care, religion, education, healthcare, the introduction of new partners and decisions about the future. A parenting plan is specific to your own family situation and provides your agreed guidelines so you both know what is expected from you and hopefully helps to create some consistency for your children between their two homes.

The agreement sets out how your assets will be divided between you should your relationship break down. They are usually used to protect pre-acquired wealth of one or both of the parties to a marriage or civil partnership, for instance property, shares, pensions or business interests. They can also provide you with greater clarity as to how your assets will be divided should you separate, so as to avoid the uncertainty, potential cost and the risk of the emotional issues impacting upon judgement of addressing that issue at the end of the relationship.

It is important to note that Prenuptial Agreements are not automatically binding in England and Wales but are likely to be upheld in most cases so long as certain factors have been considered by the parties when entering into the agreement. We can assist with the drafting of your agreement and can advise you on the relevant factors which must be considered to ensure the agreement is more likely to be upheld.

For more information, see our article ‘Should I get a pre-nup?’. 

The law relating to unmarried couples can be very complex, particularly in relation to property. In some circumstances you may have an interest in property even if you are not the registered legal owner. If you are thinking of living together with your partner, or if you are already doing so, you may wish to consider speaking to us to ensure you have protected yourself in the event that the relationship breaks down.

If necessary we can draft a Cohabitation Agreement (similar to a Prenuptial Agreement but for un-married couples) setting out the legal and financial principles should the relationship break down. We can also offer you advice and assistance as to your legal rights if you separate. Please contact us to arrange a free initial appointment or get started online here.

*please note that we are not qualified to give tax advice but can work together with you and your financial advisor to consider any tax issues which may be applicable to your circumstances.

A financial settlement must be dealt with separately in addition to the divorce proceedings as simply getting divorced does not extinguish married couples’ financial claims against one another. If a financial settlement is not formally put in place, you or your ex-partner could potentially make a financial claim against one another’s assets (including property, savings, capital, business, pensions or income etc) many years after a divorce or dissolution. Even if you reached an agreement between yourselves, your ex-spouse may be able to change their mind about that agreement in the future if it is not properly formalised. We are able to advise you what your rights are and help you negotiate and formalise a financial settlement.

We understand that the task of separating the matrimonial assets can be daunting. Our family law Solicitors are all members of Resolution which is committed to the constructive resolution of family disputes.

Our family lawyers will give you clear, practical and personal advice on what an appropriate financial settlement would be in your circumstances. Once an agreement is reached we can draft a ‘Consent Order’ to formally set out the agreement in legal terms. This is then signed by you and your ex-partner and sent to the Court for a District Judge to approve. If an agreement cannot be reached then either you or your partner can make an application to Court for a ‘Financial Remedy’ to determine how the assets should be split. The majority of our cases do not go to Court, but when they do we are able to offer you practical advice and legal representation.

See the Family Teams useful tips for coping with divorce and financial settlements here.

If you or your partner have come to the conclusion that your relationship may have broken down we are able to help. Our specialist team provide tailored advice whilst following the Resolution Code of Practice, so as to deal with matters in a constructive way, designed to preserve dignity and encourage agreement. 

As of April 2022, the law on divorce proceedings changed and there is no longer the requirement for divorcing couples to state a reason for their application for divorce. Under the new law, termed 'no-fault divorce' either parties or both jointly can apply for a divorce - the grounds for this must be that the marriage has irretrievably broken down. There is no longer the option for the other party to challenge this, unless the divorce is being disputed in which case there are grounds to challenge the validity of the marriage, jurisdiction, capacity and fraud.

We can guide you through the divorce / dissolution process whether you are the Petitioner (the one applying for the divorce) or the Respondent. 

Getting divorced or dissolving a civil partnership does not automatically deal with the financial issues arising out of separation such as transferring properties, money, pensions or incomes. See our Financial Settlement page for more information.

See the Family Teams useful tips for coping with divorce and financial settlements here.

Call 01603 610911 to speak to the team, who may be happy to provide a free initial consultation to discuss your initial concerns, with no obligation or get started online here.

Planning expert Alan Irvine's high level of private and public sector experience and expertise, combined with his vast knowledge of planning policies, allows him to deal with complex and challenging appeals and planning applications, often those that other consultants have not had success with.

Our clients include large and small businesses, organisations, land owners, house builders, charities, members of the public and architects, as well as other consultancies.

The team's planning expertise covers the full range of planning and development proposals including residential, retail, commercial, agricultural, sustainability, mixed-use, conservation and developments in the countryside and urban areas.   

We acknowledge that every client and situation is different, ensuring a tailored service to accommodate this, primarily by utilising all sectors of our firm, particularly our highly regarded Agricultural Sector. Our most popular services are listed below, but these are by no means exhaustive - if the planning services you require are not listed, please contact us and we can discuss your specific requirements further.

• Planning appeals
• Land development and planning
• Section 106 and legal agreements
• Pre-application advice
• Neighbourhood plans 

If you have a planning dispute, our specialist Litigation & Dispute Resolution Team is able to deal with a full range of matters, contact our expert Darren Bowen to discuss any issues you may have.

We aim to resolve disputes without recourse to court proceedings where possible; in an aim to limit your costs. Should litigation be necessary, our expert team will be able to guide you through the process and keep you updated as to the costs involved. Examples of the team’s areas of expertise are:

• Lack of testamentary capacity claims
• Undue influence claims
• Lack of knowledge and approval
• Claims against executors
• Inheritance claims
• Challenges to a Will

The team works closely alongside our regulatory, corporate & commercial and commercial property teams to provide a thorough and comprehensive service. The team successfully obtained some of the first 24 hour licenses under the Licensing Act 2003 in East Anglia and was also heavily involved in licensing gaming establishments after the introduction of the Gambling Act 2005. The team's expertise includes advising on the following licenses:

• Alcohol
• Entertainment
• Lotteries
• Gambling
• Goods and Passenger Vehicles
• Taxi and Private Hire Vehicles
• Food Premises

Our road transport solicitors regularly advise operators of passenger and goods vehicles (HGVs, LGVs, PSVs and PCVs) and appear before the Courts representing drivers and haulage and passenger service operators in relation to a variety of prosecutions brought by both the police and Driver and Vehicle Standards Agency in the area of road transport law. The firm frequently appears at Public Inquiries representing drivers and operators, and will appear before Traffic Commissioners. Areas of expertise include:

• Obtaining and preserving an Operator’s Licence
• The defence of prosecutions
• Representation at Public Inquiry
• DVSA investigations
• Recovery of impounded vehicles
• Road traffic accidents
• Conditions of carriage
• Transport, distribution, warehousing and carriage disputes
• Product liability claims
• Employment issues (e.g. tachograph and CPC compliance, bespoke contracts of employment).

In addition we have a specialise team, with specialist knowledge of the laws and procedures which govern how we drive on the UK’s roads.

A Notary is an officer of the law whose public office and duty is to prepare and authenticate documents for use overseas. The signature and seal of a Notary are internationally recognised as proof of the matters certified by him, which is why “notarisation” is often requested by the authorities in the country where the document is to be used. If a document has to be signed outside of the country in which it is to be used, the authorities in that country cannot confirm for themselves that the necessary formalities have been complied with; so, instead, a Notary is relied upon to provide that confirmation. It is also frequently necessary for a notarised document to be sent to the Foreign & Commonwealth Office or a foreign embassy so that the Notary’s signature and seal can be verified – by obtaining a certificate called an “Apostille” or by a process called “legalisation”. Our Notarial services include:

• Notarising the execution and contents of documents
• Individual or company powers of attorney for use worldwide
• Certified copy documents
• Administration of oaths and declarations
• Affidavits and depositions: taking evidence in England for use in foreign courts
• Certifying translations
• Lost passports, birth certificates, credit cards and other documents
• Property documents for use worldwide
• Certifying the execution of commercial contracts for international use
• Certification of identity of directors and company secretaries
• Notarised company documents including Certificates of Incorporation or Good Standing, Memorandum and Articles of Association and internal records
• Statutory declarations and verifications in connection with marriage abroad, change of name deed preparation and notarisation, education certificates and qualification, emigration and immigration, adoption, guardianship

It is also frequently necessary for a notarised document to be sent to the Foreign & Commonwealth Office or a foreign embassy so that the Notary’s signature and seal can be verified – by obtaining a certificate called an “Apostille” or by a process called “legalisation”. We can advise on these requirements – and the form of the documentation – which vary from country to country.

The above list is not exhaustive, we also have experience in advising on the legal aspects of a wide variety of other international transactions from commercial matters to overseas property with an extensive network of overseas contacts to assist with advice in other jurisdictions.

Please see below the following additional Price, Service and Complaints information.

Price Information:

Our fees are calculated by reference an hourly rate of £250 and there is a minimum transaction fee of £100.

Once we have seen any document(s) and any instructions sent to you, we should be able to give you a firm indication or an estimate of the likely charges.

Some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the UK Foreign and Commonwealth Office and, for some countries, additional legalisation is required through the relevant embassy or consulate.

Payments on your behalf: we may have to pay legalisation fees to the Foreign and Commonwealth Office and/or a Foreign Embassy.  There might be translation or interpreter fees.  Other payments (including travelling expenses, company search fees and telegraphic transfer fees) may also be required.  Your approval of these will be obtained and you are normally required to make payment in advance of any such amounts.

Service Information:

Each notarial matter is different and the requirements will vary according to whether the client is a private individual or a company. Some of the typical key stages are likely to include:

• Receiving and reviewing the documents to be notarised together with any instructions you may have received
• Liaising with your legal advisors or other bodies to obtain the necessary documentation to deal with the document (e.g. information from Companies House or foreign registries, powers of attorney etc)
• Checking the identity, capacity and authority of the person who is to sign the document
• If a document is to be certified, checking with the issuing authorities that the document/award is genuine. In the case of academic awards, this would entail checking with the appropriate academic institutions.
• Meeting with the signatory to verify their identity and to ascertain that they understand what they are signing and that they are doing so of their own free will and ensuring that the document is executed correctly
• Drafting and affixing or endorsing a notarial certificate to the document
• Arranging for the legalisation of the document as appropriate
• Arranging for the storage of copies of all notarised documents

If the document is straightforward, already prepared and in the correct form we would hope to be able to deal with it within an hour. Obviously, it will take longer if the document is not straightforward or if we have to draw it up ourselves. Many countries want documents to be countersigned by their London Embassies (legalisation) and this will take several days unless you want to take them to the Embassy in person and wait in line. The fees and procedures for this vary widely but we will be able to give you a reasonably accurate idea of the time and cost.

Redress Information:

Professional indemnity insurance at a level of at least £1,000,000 is maintained.

Complaint Information:

If you are dissatisfied about the service you have received please do not hesitate to contact us. 

If we are unable to resolve the matter you may then complain to the Notaries Society of which we are members, who have a Complaints Procedure which is approved by the Faculty Office.  This procedure is free to use and is designed to provide a quick resolution to any dispute.

In that case please write (but do not enclose any original documents) with full details of your complaint to:

Secretary of The Notaries Society

PO Box 7655

Milton Keynes

MK11 9NR

Email: secretary@thenotariessociety.org.uk

Tel : 01604 758908 

If you have any difficulty in making a complaint in writing please do not hesitate to call the Notaries Society/the Faculty Office for assistance.

Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of 6 months from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman*, if you are not happy with the result:

Legal Ombudsman

P O Box 6806

Wolverhampton

WV1 9WJ

Tel: 0300 555 0333

Email: enquiries@legalombudsman.org.uk

Website: www.legalombudsman.org.uk

If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman: 

• Within six months of receiving a final response to your complaint; and
• Six years from the date of act/omission; or
• Three years from when you should reasonably have known there was cause for complaint (only if the act or omission took place more than six years ago). 

The act or omission, or when you should have reasonably known there was cause for complaint, must have been after 5 October 2010.

*certain kinds of commercial entities are not eligible to make a complaint to the Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules or consult the Faculty Office

Regulatory Information:

Regulated through the Faculty Office of the Archbishop of Canterbury

The Faculty Office

1 The Sanctuary

Westminster

London  

SW1P 3JT

Email: faculty.office@1thesanctuary.com

Website: www.facultyoffice.org.uk

Corporate and Commercial 

The team’s range of expertise includes providing advice on, and regulating, commercial contracts, advising on the EU procurement requirements and process, advising on corporate structures and charity law and conducting construction litigation. In addition, we have a dedicated Employment Team. The commercial services we provide include:

• Governance
• Group structures
• Charity law
• Contracts (including EU procurement)
• Planning
• Construction litigation
• Procurement
• Funding
• Employment

Property and regulatory

The team at Leathes Prior has a wide experience of a range of different property work, from advising large property developers to working in conjunction with local Housing Associations. The scope of the advice provided ranges from landlord and tenant queries and disputes to planning disputes and general advice on a Housing Association’s rights and obligations. The team has a wealth of knowledge and experience in the social housing sector and we are also frequently instructed in relation to landlord and tenant issues for public sector clients. Our property expertise includes advising on:

• Land/property conveyancing (including shared ownership sales)
• Property charging
• Stock rationalisation
• Development site acquisitions and disposals
• Development agreements
• 3rd party development arrangements
• S106 agreements and planning obligations
• Anti social behaviour
• Tenancy agreements
• Possession cases
• Gas/electrical servicing

We understand the significant amount of time, effort and money that owners invest in their horses, whether in a business capacity or as a hobby and the consequent need to deal with any matter in a timely manner. We are able to utilise our specialist Disputes Team to settle disputes, through mediation where possible with recourse to the courts as a last resort. Our lawyers are able to call upon their contacts in the equine industry so as to advise on the appropriate veterinary and/or equine expert to instruct where necessary. Our Equine Team works closely with our other specialist teams including Agriculture, Sports, Mediation, Employment, Personal Injury and Corporate & Commercial Team. By doing so we are able to advise on the following matters:

• Buying and selling horses – sale and purchase agreements and disputes
• Horse ownership (syndicates or partnerships)
• Negligence claims – trainer, rider, livery yard owner or veterinary
• Personal injury claims for equine-related accidents
• Stud/nomination agreements and disputes
• Livery agreements and disputes
• Equine property sale and purchases
• Equine business sale and purchases
• Employment disputes
• Health and Safety issues
• Insurance claims
• Debt recovery – whether arrears of livery fees or non-payment for a horse
• Horse welfare
• Rider disciplinary hearings before the relevant discipline’s governing body
• Transportation – agreements, import and export and passport requirements

The team provides advice on any issue arising from the Mental Health Act 1983 and the Mental Capacity Act 2005. Whilst we do not undertake ‘legal aid work’, our team is able to provide an extremely high level of advice on a number of legal issues relating to treatment, assessment and detention of mental health patients, as well as advising Attorneys, Deputies and anybody else acting under the Mental Capacity Act 2005.

Our team appreciates that issues arising from mental health law are often highly specialist and require a degree of sensitivity. Our longstanding expertise allows for a very good understanding of the procedures involved so that we are able to work efficiently and provide swift, pragmatic advice.

We provide a wide-range of support and advice in a number of areas affected by the relevant legislation and other wider mental health law issues including:

• Detention under the Mental Health Act 1983
• Tribunals and Hospital Manager’s Hearings
• Mental capacity
• Nearest relative
• Community Treatment Orders
• Hospital Orders
• Guardianship
• Deprivation of liberty
• Coroner’s inquests
• Court of Protection Orders
• Property and Finance Deputyship applications
• Advice for Attorneys acting under Enduring Powers of Attorney and Lasting Powers of Attorney
• We act as Professional Deputy and attorneys relating to property and finances

The team also specialises in providing commercial law services to businesses in the healthcare sector such as health recruitment companies, nursing and care homes, GP practices and businesses providing a wide range of goods and services to this sector. Our client base ranges from multi-million pound companies providing services to clients such as Spire Healthcare, Nuffield Healthcare and BMI Healthcare, to sole proprietors and partnerships in medical practices and care homes. As a result of our experience in the healthcare sector we can add practical value to the commercial law services we provide to our clients practising in this field. We can provide a range of commercial services for healthcare providers and professionals including:

• Partnership and shareholders’ agreements
• Joint venture and investment agreements
• Acquisitions and sales
• Employment advice
• Immigration matters
• Freehold and leasehold property
• Practice conversions to company and limited liability partner status
• National care standards advice
• Regulatory matters
• Franchising
• Standard terms of business
• Data protection and intellectual property
• Trading, supply and service contracts, including disputes
• Procurement
• Claims resolution and medication services
• Negotiation and termination of NHS Standard Contracts

We are able to provide expert advice in relation to issues arising under NHS Standard Contracts including advice in connection with banding rates and disputes over payments. We have handled a number of disputes with Clinical Commissioning Groups (CCG's) where successful outcomes have been achieved through the implementation of the dispute resolution mechanisms under the NHS Standard Contracts.

The team is also able to provide expert criminal defence representation for both individuals and corporations facing investigation or prosecution for offences of ill treatment or wilful neglect. See our Criminal Defence or Regulatory pages for more information.

By accessing expert guidance, damage can be minimised and costs reduced. Our expert team are here to advise and support you through any of the following:

• investigations into your company and your conduct
• responding to notice of intention to seek disqualification
• defending a claim for your disqualification as a director
• negotiating an undertaking to be disqualified
• seeking permission to act as a director of specific companies notwithstanding disqualification
• enforcing the costs awarded to you following your successful defence of disqualification proceedings
• claims brought against you by an administrator or liquidator (see other Director Services)

We offer assistance nationwide but our practice is mainly based in Norwich, which enables us to keep costs lower than many of our competitors.

Returns and D Reports

The directors of any company which enters into Administration or Insolvent Liquidation will be the subject of a D Return or a D Report submitted to the Insolvency Service by the Administrator or Liquidator. A D Return will confirm that there is no evidence of misconduct. A D Report will set out misconduct discovered by the Administrator or Liquidator.

Investigation

Following receipt of a D Report the Insolvency Service will decide whether to target the case for further investigation and will report this to the Insolvency Practitioner who made the Report. It is important to respond carefully and properly as the response will determine the decision whether to pursue disqualification and your responses may be produced in evidence.

Pre-action

If the Insolvency Service consider it to be in the Public Interest that a director be disqualified then they will issue notification to that effect (sometimes referred to as the ‘Section 16 letter’) and set out the grounds on which disqualification is to be pursued, it is important to respond comprehensively. More often than not it will be your first opportunity to respond to the allegations made against you and to put your side of the story. In our experience a well prepared response can change the mind of the Insolvency Service or result in a lower period of disqualification being pursued.

Disqualification Undertaking

If you choose to give a Disqualification Undertaking before court proceedings are issued you will usually secure a discount on the period of disqualification that the Insolvency Service was going to seek and avoid having to pay the costs of the Insolvency Service. It is advisable to seek expert assistance in negotiating the period and terms of your Undertaking.

Disqualification Proceedings

During proceedings there are key case management steps that you should not avoid:

• You must file an Acknowledgement of Service of the claim within 14 days of receiving it and send a copy to the Insolvency Service

• You must file and serve your evidence responding to the claim within 28 days of receiving the claim unless you

Disqualification Order

If the Court determines that you should be disqualified as a Director it will order that you be disqualified for a period of between 2 and 15 years. Unless the Court Orders otherwise, disqualification commences 21 days after the Order is made. If you are a director of other companies and need to continue to be involved in their management or require an extended period of time to put in place adequate succession arrangements, it is possible to obtain the permission of the Court to continue as a director.

Appeal

It is possible to appeal a Disqualification Order. The proper presentation of your original case will be essential to any appeal and you should seek expert advice and assistance if you are considering an appeal.

Use of a nominee or stooge - don’t do it

It is not uncommon to see family members of a disqualified director being appointed to act in place of the disqualified director. This is risky not only for the disqualified director but also for the nominee who will be personally liable for all debts of the company incurred whilst they acted on the instructions of the disqualified person if they knew that person was subject to disqualification. If you need to continue acting as a director or in the management of a limited company despite disqualification you should seek the permission of the Court to do so.

Having properly drafted terms of business can help to reduce disputes and improve the recovery of debts. Moreover, systems should be as tight as they can be. For some clients, we manage all business debts for a fixed monthly fee which can sometimes work out more cost-effective than employing a full-time credit controller. Before commencing any action against a debtor, you should consider the financial viability of the debtor. Indeed, it is sensible to give this consideration before even engaging with a client or customer, but that is not always possible.

For larger debts, we may recommend instructing an agent to investigate the financial means of the debtor. If it looks as though the debtor simply cannot pay, consideration should be given to commencing insolvency procedures, perhaps by service of a statutory demand. Sometimes the threat of insolvency is enough to persuade some businesses to pay. In other circumstances, putting the debtor through the insolvency process may be the only way to recover money from a debtor (even if it is only a proportion). If the debt is disputed, that dispute should be resolved as quickly and efficiently as possible. There is pre-action protocol in place to assist parties with this and consideration should always be given to resolving disputes through alternative methods that avoid litigation. If there is no dispute, and the debtor is likely to be able to afford to pay, court proceedings may be unavoidable. We can obtain a county court judgment or high court judgment against individuals and/or companies and enforce that through a variety of means (e.g. a charging order against land, an attachment of earnings order against employed debtors or a third party debt order to access known bank accounts). If the asserted defence is spurious, we can often get it struck out at court or obtain summary judgment without having to proceed all the way to a trial.

We are also very experienced in alternative dispute resolution procedures, such as mediation. For debts over £10,000, pursuit through the civil courts carries certain risks, including the risk of an adverse costs order. For debts of less than that, legal fees are not recoverable and are often irrecoverable. For undisputed debts we have developed our low cost, fixed fee debtcollector service. See www.debtcollector-lp.co.uk for further details.

We advise businesses and individuals on the general Immigration Rules including the Points Based System as well as applications under the EEA/EU regime. Our areas of expertise include: 

• Spouse, fiancée and partner visa applications 
• Visitors visa applications
• Child migrant and family reunion visa applications (including dependent relative visas)
• Tier 1 visa applications (investor, entrepreneur or graduate entreprenuer)
• Tier 2 migrant working visa applications
• Tier 2 sponsor's licences
• Tier 2 applications for sportspersons
• Tier 2 intra-company transfers 
• Tier 4 student visa applications
• EEA and EU free movement applications (including for extended family members)
• Sole representative visa applications for overseas businesses
• British Citizenship
• Human Rights applications; particularly under Article 8 of the European Convention of Human Rights

Our team draws on a variety of expertise and as such is able to provide advice on how to set up a business in the UK, how to sponsor employees and the relevant licenses required. We also advise students, colleges, high schools and universities. We are able to advise on applications from both within and outside the United Kingdom and deal with any appeals including judicial review. The team also benefits from the experience of head of the team Tim Cary; who was appointed as a part-time Immigration Judge in 1997, sitting in London.  

Our Education Team has a wealth of specific experience in the sector with a number of our solicitors sitting as governors at local schools. The ability to draw on expertise from across the firm, the team is able to provide comprehensive advice in the following areas:

• Drafting contracts of employment and various other policies
• Dealing with disciplinaries and grievance situations
• Restructuring
• Academy conversions
• Defending discrimination claims (relating to both physical and mental impairments)
• Advising on challenges to suspensions, exclusions and admissions decisions
• Advice on documentation and procedures (admissions policies, appeals policies etc.) that can help to ward off claims
• Debt collection – we have extensive experience of recovering fees for schools
• Joint ventures and consortiums
• Mergers 
• Property matters and construction projects
• Charity and trust issues
• Health and safety
• Commercial contracts
• Intellectual Property protection – and spin out vehicles
• Multi Academy Trusts
• Governance

If you are facing investigation or prosecution for a regulatory offence, we provide advice from the outset so you fully understand what the process involves. In some instances our early intervention can stop an investigation from progressing to a prosecution before the courts. The prosecuting authority may ask you attend a formal interview, under caution. It is important to understand whether you should attend the interview and we can advise you on this. Should you decide to be interviewed we can accompany you and provide legal representation throughout the interview – in order to protect and advance your legal rights – as well as representing you at Court if the case goes that far. 

The UK is fortunate to have dedicated professionals in such fields as law and accountancy, with representative bodies such as the Law Society, the Bar Council, the Institute of Chartered Accountants and others that usually ensure an exceptionally high standard of service. Sometimes, and thankfully rarely, professionals in the UK do not meet those exceptionally high standards. In most circumstances, a professional will have a duty of care to his or her client. If a professional has breached their duty of care (either in contract or in tort), the victim is usually entitled to recover damages. The professional will usually appoint an insurer, who will try to get away with paying as little as possible, and sometimes nothing at all. It is important to take specialist legal advice at an early stage to ensure your best interests are protected and any loss suffered is fully compensated. We deal with all professional negligence claims, including claims against: 

• Medical professionals (medical negligence)
• Solicitors
• Barristers
• Financial advisors
• Property Agents
• Architects and surveyors
• Insurance brokers
• Construction and engineering professionals

We aim to resolve disputes without recourse to court proceedings where possible; in an aim to limit your costs. Should litigation be necessary, our expert team will be able to guide you through the process and keep you updated as to the costs involved.

Our property litigation solicitors service a wide range of clients including local councils, farmers, business owners, landlords and tenants, and can advise you on any issue or dispute relating to land or property ranging from a disagreement with a neighbour to an extremely complex commercial dispute. Examples of our areas we specialise in are:

• Dilapidations
• Commercial lease renewals
• Rent arrears
• Forfeiture
• Rights of way
• Right to light
• Boundary disputes
• Easements
• Restrictive covenants
• Adverse possession
• Trespass
• Landlord & tenant disputes
• Assured (or claims assured) shorthold tenancies
• Residential longlease renewals
• Rent Act tenancies
• Service charges
• Neighbour disputes

Our Insolvency solicitors provide specialist assistance with corporate recovery and turnaround procedures including Company and Partnership Voluntary Arrangements, Voluntary and Compulsory Liquidations and Administrations, advising both office holders and directors. Our expertise also covers director’s disqualification proceedings and defended misfeasance and wrongful trading actions against directors.

Advice to Companies

Whether the company is being pursued by one or more creditors who have served a statutory demand, presented a winding up petition or where there is general creditor pressure, we can advise the company and directors on various formal and informal procedures to alleviate creditor pressure including:

• Informal arrangements with creditors
• Company Voluntary Arrangements
• Administrations
• Receiverships
• Voluntary and Compulsory liquidation and Compulsory liquidation

Advice to Directors

Whilst nearly all companies have the benefit of limited liability, the protection for directors and shareholders is often compromised by the giving of personal guarantees and/or granting of security over personal assets to banks, finance companies and sometimes key suppliers. We can assist directors by advising on their potential liability and, as appropriate, by negotiating with the creditor concerned, which may lead to a substantial reduction in the director’s liability. Alternatively we can advise the director on the personal insolvency procedures available to him. If a company is placed into liquidation, the Liquidator is obliged by law to investigate the conduct of the director whilst he was managing the company’s business and if it is found that the director’s conduct falls below what is reasonably expected of him, he may find himself subject to:

• Director’s Disqualification Orders and Undertakings where the director may be prevented from acting as a director of a company in the future
• Wrongful trading where the director may be held liable to pay some, or all, of the debts of the company
• Fraudulent trading where the director may be held liable to pay some, or all of the debts of the company and may face imprisonment for up to seven years
• Misfeasance where the director has breached his fiduciary duties to the company.
• Preference transactions where creditors of the company (including the director) have been preferred by the company to the detriment of other creditors
• Transactions at undervalue where assets of the company have been purchased from the company by the director or his family in the period of two years prior to liquidation

Directors should therefore seek advice as soon as possible to minimise their potential liability.

Advice to Office Holders

Leathes Prior advises many Licensed Insolvency Practitioners, both locally and nationally, who accept appointments as Liquidator, Trustee in Bankruptcy, Supervisor, Administrator or Receiver. The team advises on all aspects and legal problems faced by Insolvency Practitioner. At Leathes Prior we recognise that Office Holders may not be in funds to finance litigation and therefore we are prepared to act on formal or informal conditional fee agreements, with or without the benefit of after-the-event insurance protection.

Personal Insolvency

The team advises on all aspects of personal insolvency including Bankruptcy and Individual Voluntary Arrangements, acting for Trustees in Bankruptcy, Supervisors and individuals with financial difficulties. The team specialises in:

• Advice to debtors
• Advice to trustees in bankruptcy
• Advice to bankrupts
• Bankruptcy offences
• Matrimonial home
• Bankruptcy annulment and termination of bankruptcy
• Debt Relief Orders
• Debt management plans and other informal alternatives of debt relief

The team’s expertise was recently recognised at the ‘Finance Monthly Awards 2015’ as Leathes Prior Solicitors won the ‘Personal Insolvency Firm of the year’ award.

The team provides specialist advice and assistance in relation to any construction project including all aspects of commercial property, the contracts involved such as JCT, NEC and other standard form contracts plus bespoke contracts and ancillary documentation (collateral warranties, parent company guarantees, performance bonds, novation agreements and funding arrangements). We have a wide range of experience in advising owners, employers, developers, main contractors, sub-contractors, funders, architects, surveyors, agents and other construction professionals in relation to issues involving construction projects. 

Disputes

In our experience, early intervention in construction disputes is often important to help avoid becoming tied up in lengthy litigation. This may be by way of advising on the meaning and effect of contractual clauses, identifying remedies and practical steps that can be taken or assisting with negotiating a resolution. The team's expertise includes providing assistance with:

• Contract disputes whether standard form contracts such as Joint Contracts Tribunal (JCT), New Engineering Contracts (NEC), Institution of Civil Engineers (ICE) or individually negotiated contracts

• Professional negligence disputes

• Disputes or issues regarding payments (including in connection with Pay Less Notices under the Housing Grants, Construction and Regeneration Act 1996)

• Defects disputes, including those asserted by way of set-off, counterclaim or abatement

• Delay and extensions of time claims

• Alternative Dispute Resolution (ADR) including mediation

• Adjudication, including under the Scheme for Construction Contracts

• Arbitration

• Court proceedings (including dealing with claims in the Technology and Construction Court). 

• Regulatory matters, issues involving CDM Regulations and other prosecutions or investigations brought by the HSE, Trading Standards or other public bodies

There are a number of complicated terms and acoynms in construction law that can be confusing, we have therefore created a useful glossary of all these terms here. 

Contact our experts if you have a construction dispute or require advice on contracts prior to the commencement of a project by email or by calling 01603 610911

We understand that no matter what the nature of your injury and however it was caused it can have a significant and long lasting effect on you and your loved ones.

Our expert team is experienced in handling: all types of personal injury claims (e.g., employer’s liability claims, occupier’s liability claims, road traffic and other highway claims and accidents abroad) and clinical negligence claims, particularly those involving serious and catastrophic injuries, and we are here to help you get your life back on track. We can support you from the start to obtain evidence from specialist medical experts in relation to your injury to enable you and us to understand the likely prognosis and treatment required to aid your recovery.   

Our lawyers are focused on achieving the best possible financial outcome for you, to include compensation for your injury and damages to cover incurred and future financial losses/costs in relation to: loss of earnings, the cost of care, the cost of medical aids and equipment, the cost of any necessary adaptions to your home and additional household expenses travel expenses and the cost of private medical and rehabilitation treatment.

We specialise in high value claims involving a wide variety of injuries, including but not limited to:

• Amputations/loss of limbs
• Asbestosis and Mesothelioma
• Brain and head injuries
• Spinal injuries
• Serious orthopaedic injuries
• Chronic pain
• Fatal accidents
• Psychiatric injury

We are happy to offer a free initial telephone appointment to discuss your injury and whether we may be able to assist you with any potential claim you may have.

Failure to meet the required standards can lead to an investigation and prosecution. There can be serious consequences for business owners, its employees and officers and the organisation itself, particularly if a failure results in injury to a customer, an employee or a member of the public. When health and safety problems arise, early intervention is essential. Involving experienced health and safety lawyers from the outset will assist a business to assess the risks it faces and to develop and implement a plan to manage that risk to give the best opportunity of a favourable outcome. Depending on the circumstances, this could prevent an investigation from turning into a prosecution and might make the difference between the business continuing or failing. 

We aim to provide pragmatic, robust, and meticulous advice and assistance to help you manage the problem and minimise disruption to your business and yourself. We are experienced in dealing with a wide range of health and safety issues across a number of commercial sectors, both within the UK and European Union. We aim to provide our clients with business specific advice whilst taking such steps as may be necessary to ensure our clients fully understand their obligations and communicate with the enforcement authority as appropriate. Our understanding of the processes and procedures involved with the enforcement of health and safety law enables us to work quickly and effectively.

Our team of specialist lawyers also have in-depth knowledge and experience of judicial review proceedings to challenge the lawfulness of a decision or action made by a public body and we can help in dealing with prohibition enforcement and improvement notices. Services include:

• Development and implementation of health & safety plans for your business
• Review of your health and safety policies & procedures
• Advice following an incident and assisting you to develop a management plan
• Representing you during an investigation or prosecution by the Health and Safety Executive (“HSE”) or other regulatory authority.

Business format franchising has now become well established as a popular and successful structure for business expansion, which is essentially a particular type of licence incorporating specific features. In the absence of any specific legislation on franchising in the UK, advice on it requires detailed knowledge of a number of areas of law that relate to it. Our team provides a comprehensive service, both nationally and internationally to franchisors and franchisees across the full range of business sectors. We will identify, at the outset, budgets for any work you instruct us to undertake and agree with you the timetable within which it is to be completed.

With dedication and hard work, Dan is a respected lawyer in the sports law sector. He has put together his own specialist team of sports lawyers drawing expertise and talent from different teams at Leathes Prior, to provide a fully comprehensive service to an increasing number of national clients.

Dan and his team’s well earnt reputation as not only East Anglia’s leading sports law specialists, but also as a serious nationwide practice, is founded on their extensive experience dealing with cutting edge sports matters. The team’s expertise encompasses a vast array of matters spanning dispute resolution, employment, regulatory, commercial and more within the sporting sector, and working with amateur and professional clubs, associations, regulatory bodies and to individual sports professionals across the UK.

Many of our national clients praise Dan and his team for the intricate technical knowledge and down to earth practical advice, which has led to many successful (and high-profile) cases. Head to our Sports Feed to read more.

Dan is one of a small group of solicitors in the country who regularly and successfully provides representation before Sports Tribunals (such as the Motorsport UK National Court or at FA Arbitrations); his skill and experience in that regard is sought after. Find out more about how Dan can help here.

Dan Chapman said: “At our LP Sports practice, our ethos is about leading people to be the very best they can be in their sport. We understand the pressures and urgency of the legal matters that the sporting client has to deal with and are invested in finding the best possible solutions in the quickest timeframe.  I am often asked what makes a good sports lawyer – in my opinion a sports lawyer is usually a multi-disciplinarian (think of a decathlete) but has a solid history in one area of law (such as employment law in my case, though it could be commercial law or commercial litigation for example), works well under intense pressure and in high profile situations and who is as good in a court room / Tribunal as they are analysing documents and problem solving. At LP Sports we are confident we bring all of those qualities to the table, representing our client’s best interests fearlessly.”        

If someone loses capacity without putting a Lasting Power of Attorney in place it can be a distressing time for relatives and friends.  A ‘Deputy’ might be needed which will involve an application to the Court of Protection, our team can assist with the application process.

Deputyship for Property and Finance

If a Deputy is needed to handle finances it can be anyone who wishes to act in the person’s best interests. If there is no-one willing or able to take on the role then a Professional Deputy can be appointed. Our experienced Partners in this area, act as the Deputies for a number of clients.

Deputyship for Health and Welfare

The Court of Protection does not often agree to the appointment of Health and Welfare Deputies but there are some circumstances where our Team have successfully managed to get clients appointed, in particular where a child has never had capacity and has now reached the age of 18.  If you would like to discuss your situation please contact our specialist in this area, Claire Woolliscroft.

We are also able to provide advice and assistance in the following areas:

• Deputyship Reports
• Sale of Property Applications
• Appointment of Trustee Applications
• Contested Deputyship Applications
• Statutory Will

For assistance, please contact our specialists by either email or calling us on 01603 610911.

Our IP Team has close contacts with respected trade mark and patent agents (nationally and internationally) who assist with the registration of patents and trade marks, including the drafting of patent specifications. We will often also work closely with clients, their business and financial advisers and their existing trade mark and patent agents in developing a strategy for the development, marketing and protection of their products and brands. We have considerable experience in investigating title to IP rights and drafting technology transfer agreements ensuring that these comply with EU and other regulations and requirements as applicable. Our IP Team also has expertise in dealing with the registration (where appropriate), licensing, sale and purchase and defending or challenging of rights and providing advice in connection with the following:

• Trade Marks and Brands
• Copyright
• Designs and Design Rights
• Patents and Know-How
• Computer Software, Multimedia, Data Protection and E-Commerce
• Confidential Information
• Passing Off and Trade Libel
• Counterfeiting
• Litigation and Alternative Dispute Resolution
• Publishing and Entertainment Agreements
• Domain Names

Contact our specialists Mike Barlow or Polly Langford to discuss any Intellectual Property dispute you may have. 

We assist with the UK, European and global information and data activities of a number of UK and overseas data controllers providing them with a wide range of advice in achieving compliance, dealing with data-related disputes, and responding to personal data breaches. Our experience extends from advising extensively on data flow issues within franchise business systems, to recruitment and marketing industry databases, to data management within Local Government and on-line management systems. Our team provides a unique legal and consultancy service which includes:

• Undertaking audits of marketing, processing and storage protocols for customer and employee data
• Advising on the design of compliant databases
• Advising on the response to a personal data breach (including where the breach is as a result of a cyber security incident)
• The procurement of compliant IT systems
• Drafting of data protection and privacy related notices, agreements and contracts
• Responding to subject access requests and to complaints
• Advising on various data, security and transfer issues arising from outsourcing and direct marketing
• Advising on the requirement to ‘notify’ the purposes for which data is processed with the Office of the Information Commissioner

Contact Alex Saunders or Jack Horwitz if you have suffered a personal data breach or require advice on your ongoing data protection completion.

Contact Mike Barlow if you have a dispute relating to data protection.

We appreciate that as a new business, your primary focus will be turning your business idea into a reality quickly and smoothly. Our specialist and approachable team provides a comprehensive range of legal services, ensuring your business can tackle any challenge. Whether you want to futureproof for growth, or simply get your business underway, we provide tailored commercial advice for your specific goals and circumstances at competitive rates.

Corporate & Commercial law

How you choose to structure your business at the outset is key as this will impact what level of personal risk you take on, your access to funding from commercial lenders, and the tax efficiency of your business. We can help you decide whether setting up as a sole trader, private limited company or limited liability partnership is best suited to your business and its long-term aims.

We hope your new business will go from strength to strength, and early action ensures that:

• All of the business’ shareholders or partners are pulling in the same direction from the outset, and are clear on what rights and protections they have; and
• Customers and suppliers know on what basis they are dealing with the business.

Having clear commercial documents in place minimises the risk of disputes as each person knows what they can expect from the business. The reality is that once an issue arises, it is already too late! Some things to consider include:

• Do you have a contract, or a standard set of terms and conditions, to protect your business when dealing with customers and suppliers? These ensure others know the terms they are engaging you under. Importantly, they can also limit your business’ liability. Additional obligations will also apply if your business deals with consumers.
• Additional obligations will also apply if your business deals with consumers.
• Do you store personal data? You have obligations under the UK GDPR.
• Do you co-own your business with others? You may wish to consider a shareholders’ or partnership agreement.
• Do you want specific rules to apply to the management and running of your company? You may want to consider a bespoke set of articles of association.
• Are you going to be disclosing confidential information about your business to a third party? A non-disclosure agreement can protect your business.

Employment

As your business grows, you might look at taking on some staff to help you. This could be a friend or partner, or involve you hiring other individuals. Staff are often a fundamental part of a business, so it is important that you understand your legal duties as an employer, to ensure that your business is protected and that you are getting the most out of the people you engage.

As a potential new employer, there are lots of things to consider:

• Are your staff to be employees? Consultants? Apprentices? Casual or zero hours workers?
• Should you engage staff for a temporary period only, or on a more permanent basis?
• How should you go about advertising for staff and making offers of employment? What checks should you undertaking before making them an offer?
• What terms should you offer your staff – how much will you pay them? Where will they work? For employees and workers, how much holiday will you give them?
• What documentation do you need in place?
• How do you part ways with staff if the relationship doesn’t work out?

It is a legal requirement for you to have a contract in place with employees. We can help you with preparing any contractual documentation. We can also be on hand to assist with any matters which arise as a result of employing staff, including disciplinary, grievance, performance and absences matters, and dismissal or termination.

Commercial Property

If your business will be taking on commercial premises, it is crucial that you understand and are able to meet your obligations as a tenant. Commercial leases are generally prepared from the landlord’s perspective and, if not negotiated, may impose excessive obligations on the tenant which don’t align with the commercial realities of your business.

It is important that legal advice is sought at an early stage and that the right questions are asked to get your business up and running as efficiently and simply as possible. In particular:

• Can the landlord increase the rent? Is this subject to any cap?
• Will you find yourself paying increasing service charges?
• Will you be responsible for improving or maintaining the condition of the property?
• Does the lease provide an adequate ‘exit strategy’ if your business does not do as well as hoped?
• Are there any restrictions on the hours you can trade from the property or the activities you can carry out there?
• Will you need a licence from the Local Authority to operate from the premises?

The team is dedicated to these areas of law and therefore offers a high level of technical expertise together with practical solutions and plain spoken advice. We are happy to talk with you about the services we offer on a no obligation basis. Please contact us to discuss your situation further. 

Our areas of expertise include:

• Wills
• Trusts
• Estate Planning
• Lasting Powers of Attorney
• Probate and the Administration of Estates
• Deputyship and Court of Protection Applications

Leathes Prior recognises the importance of ensuring that older and vulnerable clients are treated with dignity, respect and kindness at all times and that this applies also to their families and people representing them. We realise that there is a need to assess whether such clients may require additional consideration by being both sympathetic and sensitive to any issues they may have. Please see our Older and Vulnerable Client Care Policy here for further information.

Some of the work will be carried out by a team of Paralegals or Probate Executives who do much of the day to day work on cases. Although they are not legally qualified, they have between a year and 17 years' experience, have received extensive training within our firm and work under the direct supervision of a solicitor with at least 5 years post qualification experience.

Our Employment Team acts for both individuals and businesses, including  a number of household name employers and prides itself on providing dynamic advice tailored to the specific requirements of the client, delivered promptly and in a straightforward manner. Each employer or employee is unique but the team’s decades of experience, technical expertise and commercial awareness ensures an exceptional service is provided. With an enviable track record in the Employment Tribunal over many years, the team represent clients fearlessly if litigation becomes necessary and their expertise in all areas of contentious and non-contentious employment work includes:

• Employment Disputes, Litigation and Tribunal representation
• Advocacy services (before the Employment Tribunal, Employment Appeals Tribunal and other courts)
• Termination of Employment
• Settlement Agreements
• Discrimination, Bullying and Harassment 
• Contracts, Policies & Staff Handbooks
• Disciplinary and Grievance advice
• Redundancies and restructuring
• Restrictive Covenants and Injunctions
• Trade Union recognition and disputes
• Mergers, acquisitions and disposals, and TUPE advice
• Business Immigration and Visas
• In-House Training and HR services
• Employment Agencies and Business
• Gangmasters Licensing Authority regime
• Legal advice for senior executives
• Health and Safety in the workplace