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Our solicitors attend careers fair in Brentwood

Our solicitors attend careers fair in Brentwood
Solicitors from Pinney Talfourd attended Brentwood County High School's careers fair to advise students on career options in law.
 
On Thursday 6 October Kayleigh O'Donnell and Chloe Pannu attended Brentwood County High School's careers fair.

Kayleigh is a member of our Wills, Trusts, Tax and Probate Department and advised students on the various career choices in the industry. 

Chloe recently qualified as a solicitor and is now a member of our Residential Property Department. She used her recent experiences at university and as a trainee to give students some valuable insights into the commitment needed to succeed in the legal industry.

Brentwood County HIgh School said of the event "A career choice is one of the most important decisions in your child’s life. The aim of Brentwood County High School’s Careers Education, Information, Advice & Guidance programme is to ensure that the choice will be an informed one."

Pinney Talfourd were delighted to be invited to this event and hope that we helped the students with their  future career and further study decisions.

 

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Adult Children Inheritance Claims - Reasonable Provision refused in Court Case

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If you are not a beneficiary in your parents’ Will, why would a court automatically grant you any of their estate? A recent case suggests they may not...

When 41-year-old Danielle Ames' father passed away having cut her out of his £1 million Will, she brought a claim against his Estate. The Estate included the £650,000 family home in Hertfordshire and a number of other assets.

Ms Ames argued that no reasonable financial provision had been made for her. She claimed she was dependent upon her father and entitled to a share of his Estate which had been left entirely to her stepmother, Elaine Ames.

Miss Ames expressed surprise at having been cut out of her father’s Will but Judge Halpern QC determined she had exaggerated the strength of her relationship with her father and she had no moral claim on his money. The Judge told Miss Ames at Central London County Court that her lack of employment was a lifestyle choice and when claiming that her father had assured her that “it will be all yours one day” she was “gilding the lily”. Judge Halpern decided that Mr Ames’ widow with whom he had lived with for over 30 years required the entirety of the Estate to lead a comfortable retirement. The Judge commented that Mrs Ames was not living the highlife and needed the whole of the husband’s Estate to meet her reasonable needs.

Statutory claims

A court will generally try to uphold the terms of a valid Will, but there is a recognised statutory claim under the Inheritance (Provision for Family & Dependants) Act 1975 for a child to make a claim on a parents Estate whether by having been excluded from the Will or under intestacy provisions. Such claims do not prohibit adult children, and in a case where reasonable financial provision has not been made, the Inheritance Act enables the court to vary the distribution of assets between potential dependants.

There appears to be no good reason why Miss Ames was unable to secure employment, suffering from no disability. The Judge was of the view Miss Ames had failed to discharge the burden proving that she was unable to obtain work.

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Partner advises on strategic best practice

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Alembic Strategy was delighted to be joined by Catherine Polli for a webinar on strategic planning at the Law Society.

Alembic Strategy was delighted to be joined by Catherine Polli, a Partner at Pinney Talfourd for the second webinar in a series of three at the Law Society. These were aimed at helping Lexcel firms respond effectively to the strategic planning component on the Lexcel Standard (v6).

Catherine explained how the use of strategic planning has been crucial in driving growth and performance over that past few years at Pinney Talfourd. The strategic planning process is driven by the 2020 Business Plan which covers all aspects of the firm’s growth up to 2020, from the number of partners and fee earners, the culture of the firm and fee income growth, with an emphasis on staff focused objectives to allow everyone to play a role in achieving goals set. Good communication of this plan is vital in achieving it.

This strategic planning was proven very effective and Pinney Talfourd has just been recommended in an outstanding ten categories by Legal 500 UK 2016. We are also shortlisted for the Private Client Practice Award at the Law Society’s Legal Excellence Awards.

More Information

 
 
If you would like more information please contact us on 01708 229444  (Upminster or Hornchurch), 01277 211755 (Brentwood office) or 01702 418433 (Leigh-on-Sea). 
 
 
 

 

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Implications of filing a late Defence

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File a Defence late and the chances are you will face judgment being entered against you.

The case of Billington –v- Davies and another [2016] EWHC 1919 [CH] heard in the High Court, considered an application by a Claimant for default judgment where the Defendants Defence was filed at Court after the deadline set for filing.

In considering whether to give default judgment, the key question for the Court is whether or not the Defence has been filed, rather than the mertis of the defence. There are strict time limits for acknowledging service and filing a Defence which are calculated by reference to service of the Claimant’s Particulars of Claim on the Defendant. Within 14 days after service of Particulars of Claim, a Defendant must have filed either an Acknowledgment of Service or a Defence. If neither is filed after 14 days, default judgment can be entered. If an Acknowledgment of Service is filed, a Defendant must file a Defence within 28 days after service on him of the Particulars of Claim. If no Defence is filed within that deadline default judgment can be entered.

In Billington the First Defendant did not file a Defence until the day before the Hearing of the Claimant’s application for judgment in default. It was argued that it was a pre-condition for obtaining default judgment that a Defence must not have been filed; the implication being that even a late Defence would be enough to scupper a successful application for default judgment. Deputy Master Pickering rejected this argument. In his judgment, the reference to a Defence in the CPR “was to a Defence which had either been served within time, or in respect of which an extension had been granted”. In the absence of either in this case, the Court considered the significance of a note contained in the White Book (the rule book on civil procedures), which stated that filing a Defence late would prevent a Claimant obtaining default judgment. It was held by the Court that this note was essentially wrong.

It was found that neither the Defendant’s lack of funding, nor the existence of negotiations between the parties existing prior to the application for default judgment, were good reasons for delaying filing a Defence. The Deputy Master found that this was not an appropriate case where he should exercise his discretion to extend time.

A useful reminder

This case serves as a useful reminder for all those served with Claim Forms on the perils of ignoring the time limits for filing a Defence. Anyone served with a Claim Form and/or Particulars of Claim by a Claimant, should seek legal advice as quickly as they can to avoid filing and serving documents late and/or pleading facts which are unhelpful or not accurate or comprehensive enough for both the Court and the other side to understand the essential facts in the case.

MORE INFORMATION 

If you have been served with Claim Forms and require advice on filing a Defence, please call on 01708 229444.
 
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. Specific legal advice should be taken on each individual matter. This article is based on the law as at October 2016.

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Why are inheritance disputes on the rise?

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Pinney Talfourd's Contested Probate Solicitor, Kerry Hull explains that the rise in inheritance disputes is due to a number of factors. 

Inheritance disputes were once considered the preserve of the super-wealthy or famous but in recent years the number of children disputing their parent’s estate in the High Court has risen by 11% to 116 in 2015 from 104 the previous year according to The Times.

Kerry Hull, contested wills and probate solicitor at Pinney Talfourd in Essex explains that the rise in inheritance disputes is due to a number of factors.

The use of home-made wills is a major contributor, but the rise in these types of disputes also reflects the changing nature of our society’, says Kerry.

Higher rates of divorce, remarriage and cohabitation, combined with an increase in the value of estates, longer life expectancy and a greater awareness of rights, means that relatives are less willing to do nothing when their inheritance is taken from them.

An inheritance dispute can take any number of forms, from concerns that a will has been incorrectly made or forged, to a dependant believing that they have been unfairly left out or not received what they were entitled to.

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Capital allowances Seminar - Monday 3 October

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You are invited to a seminar on Capital Allowances and Tax Planning for Landlords on Monday 3 October, in collaboration with The Bailey Group.
Pinney Talfourd are pleased to announce that Andrew Shepherd of The Bailey Group will be presenting a seminar at our Brentwood office in October. We would be delighted if you could join us.

Capital Allowances and Tax Planning for Landlords

An overview of how to make a successful claim for commercial property owners. How to mitigate the effect of proposed changes to buy-to-let Landlords tax relief. Andrew has worked with some of our clients already and has assisted them by finding huge tax savings.
 
Capital Allowances are a niche tax specialism and many general accountancy firms will not have the in-depth knowledge, expertise, or experience and frequently overlook a wide range of commercial property fixture and fitting detail that can be pooled to make an often sizeable legitimate claim for tax relief.
 
In addition to this niche service The Bailey Group are looking at new ways in which Landlords of residential property may hold their investment property to combat the proposed changes to mortgage interest relief.  Likewise, there are new but proven ways in which Landlords can arrange their affairs that reliably reduce income tax,  mitigate CGT and stamp duty, whilst at the same time significantly reducing inheritance tax, all insofar as the law and HMRC practice allow.
 

Monday 3rd October

Seminar and Q&As 5 - 6pm
Followed by drinks and networking 6 - 6.30pm

Pinney Talfourd, New North House, 78 Ongar Road, Brentwood, CM15 9BB

 

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Changes to new minimum wage rates

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Alex Pearce, employment law solicitor, reminds us that the new minimum wage rate comes into effect today.

From 1st October 2016 the new minimum wage rate increase comes into effect. The increases now mean that those aged over 21 years will benefit from a 4% pay rise:

21-24 year olds increases from £6.70 to £6.95
18-20 year olds increases from £5.30 to £5.55
16-17 year olds increases from £3.87 to £4.00
Apprentice rate increases from £3.30 to £3.40

(From 25 years you are entitled to the national living wage. This did not change on 1 October)


'New To work' guidance

ACAS has also published new guidance for young people who are starting work for the first time, setting out what their rights and obligations are. The guidance provides essential advice on legal issues that young people may face at work, including special employment rights for 16 and 17 year olds, information on apprenticeships and the national minimum wage.

Read more here 

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Monty Python's Terry Jones diagnosed with Dementia

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Sad news was revealed this week that comedian, actor and director, Terry Jones, has been diagnosed with a progressive form of dementia.

Dementia can take a variety of forms and it is very difficult not only for the victim to cope with, but also for the family and friends to see a loved one suffering in this way.

Whilst it is not easy to think of the practical issues that arise from a loved one suffering from dementia, there are a number of important considerations such as who will manage their finances, their property and even make medical decisions on their behalf. Dealing with these issues can cause difficulties for the family and friends of a dementia sufferer, at what is already an extremely traumatic time for them.

No one likes to think about the possibility of them or a loved one suffering from any form of dementia, but sadly it does happen and it is important to be prepared in case. 

A Lasting Power of Attorney (LPA) is a legal document that enables you to appoint someone to legally manage your property and financial affairs, as well as make health and welfare decisions on your behalf in the event you become unable to make those decisions.

An LPA is best viewed as an insurance document - hopefully it will never be needed but by having it in place it gives both you and your loved ones peace of mind that they are able to make decisions for you should the need arise.

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Time FM promote finalists at Havering Business Awards

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Time FM recently invited Pinney Talfourd into the recording studio to announce our shortlisting at the Havering Business Awards.

Pinney Talfourd has been recognised yet again for our hard work and achievements, this time being shortlisted in the Havering Business Awards.

Havering Business Awards recognise the success of businesses across the borough. Pinney Talfourd has been shortlisted for 'Growing Business of the Year' which recognises businesses that have developed and grown significantly in the last twelve months.

With a new offices in Brentwood, expansion into Leigh-on-Sea, new specialist services on offer and more staff to cater for demand, it is easy to see how we have been shortlisted. We will be joining more than 300 business leaders, entrepreneurs, politicians and media representatives at the Gala Awards ceremony at the CEME Conference Centre on Friday 7 October to find out if we have won.

Time FM are the media sponsors for the event and invited us in to their studio in Romford to record a sound bite for the radio. Listen to it here.


To find out more about our new services and to book an appointment at any of our offices please call 01708 229444 or email This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Results will be published here soon.
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Free Business Legal Review Service

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We are offering a free business legal review service to all Essex businesses to ensure your company is legally sound and resolve issues effectively.

We are delighted to announce that our Commercial Department has been recommended yet again by Legal 500 UK 2016. The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK. 

We would now like to give you the opportunity to find out why we have been recommended and how your company could benefit from our high quality legal support and advice.

  • Employment contracts and policies up to date?
  • Terms and conditions up to date?
  • Problems with unpaid bills?
  • Potential business disputes?
  • Considering expanding or moving premises?

Act now and take advantage of our free business legal review service. Simply call 01277 211 755 or email This email address is being protected from spambots. You need JavaScript enabled to view it. to arrange a review.

We can visit your premises or you can visit one of our offices to undertake a strings free review of your legal needs and requirements.

Our knowledgeable and efficient lawyers are always looking out for clients best interests and our large team of specialists work together to advise on all commercial matters including:

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Tougher penalties for employing illegal immigrants

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Alex Pearce, our employment law solicitor, advises on how employers can avoid illegal working traps.

On 12 July 2016 changes to illegal working offences in the Immigration Act 2016 came into force, introducing tougher penalties for employers found to be flouting the rules.

As the government is keen to crack down on employers who turn a blind eye to employing illegal migrants, with fines of up to £20,000 per illegal worker and possible disqualification for directors, it is more vital than ever for employers to make sure employees have the correct right to work documents. The Home Office also names and shames employers found employing an illegal worker, so your business reputation could be on the line too.

Alex Pearce, employment law specialist at Pinney Talfourd in Essex, advises on how employers can avoid illegal working traps.

Checking workers’ status

Under current law, employers can only legally employ an individual who has permission to live and work in the UK.

To stay on the right side of the law, you will need to ensure that your existing procedures for checking that all new workers have the legal right to work in the UK are being complied with before they start work. Also, you should ask to see the documentation of existing workers and diarise reminders to check the paperwork again when their documents are near to expiry. As long as you make these checks, and take action where necessary, there will be nothing to fear.

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Franchise contracts: what to look out for Part 2

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Franchise law specialist Amy Leite's latest article on WorkingMums.co.uk looks at key terms to be aware of, regarding renewal and franchisor obligations, in a franchise agreement contract.
 
Franchise law specialist Amy Leite is currently writing a series of articles for WorkingMums.co.uk, a leading job and community website for professional working mothers and fathers.

Her last article focussed on the key franchise agreement terms of the franchise contract that franchisees should be aware of to help ensure they sign up with their eyes fully open. You can read this here. 
 
The article below continues to demystify some key terms, covering renewal and the franchisor’s initial and continuing obligations.
 

A foreword from amy

As I said previously, before you read any further, articles such as this should not be seen as a substitute for taking legal advice on the terms of your franchise agreement but more a tool to help you have a working knowledge of the terms of the franchise agreement before you have it reviewed and thereafter.

There are key franchise agreement terms you should look out for in your draft franchise agreement. We are often surprised to hear how many people do not take advice on the terms of their franchise agreement prior to signing it. Often we hear that this was because they were told it was non-negotiable or the fees for a review seemed high. In our experience, regardless of whether the franchise agreement is negotiable or not, being fully aware of what your franchise agreement means in order to take a considered commercial decision and enter the agreement with your eyes open is invaluable.

It is therefore very important that you have at least read the franchise agreement ahead of your solicitor carrying out a review for you. It is very rare that a franchise review (either by report or otherwise) would comment on every single clause of the agreement and, as you will be expected to abide by the terms, you need to be clear on what all the terms are however unimportant certain things may seem.

Renewal

When considering whether a franchise will be suitable for your needs you need to consider what your long term business goals are. Are you looking to take a franchise as an income stream to carry you through to retirement in 5 years time? or are you looking at the franchise as a long term income stream and potentially with a view to building a business up which is capable of being re-sold?

It is important to consider your strategy in light of the renewal provisions in your franchise agreement. Your franchise agreement should contain a right of renewal i.e. the right to enter into a new franchise agreement for a further term after expiry of the first 5 (or 10) year term.

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Best Personal Injury firm in Havering & Brentwood

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Legal 500 UK have ranked Pinney Talfourd as the leading personal injury firm in Havering and Brentwood, and one of the best firms in the whole of Essex.

We are delighted to announce that the Personal Injury Department at Pinney Talfourd has been ranked as one of the leading personal injury teams in Essex by Legal 500 UK 2016.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK. We are the only Legal 500 recognised personal injury firm in Havering and in Brentwood.

Stephen Green is a Partner and leads our personal injury team. Stephen is a specialist personal injury solicitor with many years of experience. His particular strengths include industrial disease claims and claims resulting major road traffic accidents. The 2016 edition of Legal 500 specifically notes one of his more complex cases: ‘Acted for a Claimant making a dependency claim arising from the death of her partner from mesothelioma due to occupational asbestos exposure. Claim settled at the top end of a six figure sum”.

Stephen has written a case study on this case (link to ‘when a personal injury settlement is final’) and has worked in association with Mesothelioma UK to set up a support group for sufferers of asbestos related disease in Essex.

Stephen is a member of the Law Society Personal Injury Panel and the Association of Personal Injury Lawyers (APIL). He is also an APIL Accredited Fellow. He is also a member of Solicitors Association of Higher Court Advocates.

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Clinical Negligence team one of the best in Essex

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Legal 500 UK results have just been announced and Pinney Talfourd’s ‘team of specialists’ come highly recommended.

We are delighted to announce that the Clinical Negligence Department at Pinney Talfourd has been ranked as one of the leading teams in Essex by Legal 500 UK 2016.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK. We are the only Legal 500 recognised clinical negligence firm in Havering and in Brentwood.

Kim Huggins leads our clinical negligence team. Kim is a specialist clinical negligence solicitor with many years of experience in this area. The 2016 edition of Legal 500 specifically notes one of her more complex cases: ‘A negligent hip replacement including extension of limitation by standstill agreement. Advice given in relation to causation and damages. Expected value circa. £500,000.’

The team includes members of UKABIF (The United Kingdom Acquired Brain Injury Forum) and APIL (Association of Personal Injury Lawyers). Pinney Talfourd is a corporate sponsor of Headway and the Spinal Injuries Association and an active supporter and contributor to the local divisions of Headway, HADS (Havering Association for People with Disabilities) and SNAP (Special Needs and Parents).

FIND OUT MORE

If you would like to discuss a potential claim with our Clinical Negligence team please call Kim Huggins on 01277 246836 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

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Legal 500 UK recommends our commercial work

Legal 500 UK recommends our commercial work
Pinney Talfourd has been ranked by Legal 500 UK as a leading firm in the Corporate Commercial and Commercial Property categories.

We are delighted to announce that our Commercial Department has been recommended yet again by Legal 500 UK 2016 in the following rankings:

Legal 500 UK praised Partner and Head of Department Julien Pritchard, saying his team “gets the job done efficiently, no matter how complicated.’”

 

They highlighted a number of notable cases including:

  • Dismantling of a RITA scheme with complex SDLT issues, application of reliefs and multiple transfers with a value in excess of £30million.
  • Private equity purchase of £11 million commercial property and related landlord and tenant advice.
  • Corporate restructure of a significant and established local business including partnership to company transfer, sale of a commercial property and refinancing.
  • Advising in relation to the acquisition of a service provider including advice in relation to warranties, indemnities and employment related issues. Consideration payable for shares was circa £3million.
  • Advising in relation to the acquisition of an underwriting agency including consultation with the Takeover Panel, deferred payments, earn-out and employment related issues.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers in the UK.

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Legal 500 UK recommends dispute resolution team

Legal 500 UK recommends dispute resolution team
Pinney Talfourd's property litigation, commercial litigation and debt recovery teams are recommended by Legal 500 UK. 

Legal 500 UK announced their 2016 rankings in September and we are delighted to announce that our Dispute Resolution Department has been recommended in the following rankings:

Stephen Eccles heads up the Department and is recommended as a “leading individual” and ‘knowledgeable and efficient’. Legal 500 said the debt recovery team was “responsive and commercial”.

Legal 500 highlighted a number of notable cases including:

  • Court of Appeal case involving a procurement contract and in particular breach of contract and the Unfair Contract Terms Act 1977.
  • Advising a well known retailer in relation to planning, development and break clauses relating to their warehouse facility. Value circa £10million.
  • Advising in relation to the development of premises as a hotel including advice upon rescission, breach of an agreement to lease, damages and specific performance.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

More information

If you would like a member of our team to advise you on any business or personal dispute please contact our Dispute Resolution Department on 01708 229444 (Upminster or Hornchurch), 01277 211755 (Brentwood office) or 01702 418433 (Leigh-on-Sea). 

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Employment Department is a leading Essex firm

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Legal 500 UK results have just been announced and Pinney Talfourd’s ‘team of specialists’ come highly recommended.
 

We are delighted to announce that our Employment Department has been recommended yet again by Legal 500 UK 2016.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

Legal 500 noted in the rankings that “Pinney Talfourd’s ‘team of specialists’ includes the efficient and knowledgeable’ Alex Pearce. It is noted for its ‘sound and practical advice.’”

Notable cases include ‘acting for a record label regarding the employment aspects on the sale of the share capital to an international group of music companies and a hive out agreement of the merchandising and live events.’

Alex Pearce is a member of the Employment Lawyers Association.

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Family Department lead the way in Legal 500 rankings

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Legal 500 UK results have just been announced and the Family Law team are celebrating a move up to Tier 2 in the rankings.

We are delighted to announce that the Family Law Department are now ranked as Tier 2 firm by Legal 500 UK 2016

Leading firm in brentwood and havering

This means that we are now the leading firm in our local boroughs of Havering and Brentwood, beating stiff competition from other firms in Romford and Brentwood.

Our team includes members of the Law Society’s Family Panel and Advanced Family Panel, accredited Resolution specialists and Collaborative Family Lawyers.

Legal 500 UK writes “Catherine Polli and Sebastian Burrows at Pinney Talfourd LLP are singled out as being ‘excellent, intelligent and thoughtful solicitors’.”

notable cases

  • Court of Appeal Children Act proceedings for leave to remove from the jurisdiction
  • High Court case reported in the nationl press. Successful application was made to rescind the Decree Nisi upon the basis of bigamy
  • Financial Remedy Proceedings involving assets circa £10million involving company valuations.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

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Wills, Tax, Trusts and Probate Department recommended again

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Legal 500 UK results have just been announced! We are ranked again as a leading firm for personal tax, trusts and probate work.

We are delighted to announce that our Wills, Tax, Trusts and Probate Department are recommended yet again by Legal 500 UK 2016.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

Growing team

Matthew Edwards’ team is in demand due to it's outstanding reputation and solicitors Christopher Dickinson and Nicholas Conway have recently joined the popular team.

Christopher is based in Hornchurch whilst Nicholas is based in the Brentwood’s new office on Ongar Road.

The team regularly offer presentations and free advice sessions to the local community and Matthew Edwards is a member of the Court of Protection Deputyship Panel, one of only 68 in the country. All members of the team are members of STEP.

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Legal 500 UK 2016 results are announced

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Pinney Talfourd were recommended yet again in the Legal 500 UK 2016 rankings, when results were published this week.

Pinney Talfourd LLP Solicitors was recommended in an outstanding ten categories when the Legal 500 UK 2016 results were published on Wednesday, beating stiff competition from other local firms. 

These lists are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK. Pinney Talfourd is now recommended for excellence in the South East region for:

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

Our 2016 rankings

Individual recommendations

Julien Pritchard and his team were noted in the Corporate and Commercial rankings as a team that “gets the job done efficiently, no matter how complicated“.

Stephen Eccles was recommended numerous times for his excellent work in commercial litigation and debt recovery. “The knowledgeable and efficient Stephen Eccles is recommended”. They also noted he had a "responsive and commercial team".

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