CJCH History Month: The Story of Patchell Davies Solicitors

By Amy Palin

In April 2017 CJCH Solicitors welcomed its newest addition to the firm, with the incorporation of, Blackwood based, Patchell Davies Solicitors.

The story of Patchell Davies begins in 1977, when a new face arrived on the legal scene in Blackwood, Howard Patchell. After working less than a year as an Assistant Solicitor in a local firm, he became a partner, but it would only be four years before Howard decided to go it alone and open his own practice. Howard Patchell & Co opened its doors on Pentwyn Road, Blackwood in January 1982.

The firm grew from strength to strength, and in 1985 was joined by Graeme Davies. This marked the beginnings of the team that, despite changes over the years, would remain at the core of the firm throughout.

Graeme’s arrival at the firm allowed for the expansion of its expertise, in family law and litigation, areas in which he specialises.

With an expanding team and growing demand, the firm moved to bigger offices at its current location on Blackwood High Street in 1987.

It was in 1992 the firm officially became established as Patchell Davies, the name by which it has been known for nearly three decades, and under which it became a well-known and respected face on the High Street, offering clients a wide range of services.

Howard Patchell specialises in Wills, Probate, Conveyancing, and Commercial work. Graeme Davies is accredited as a Senior Litigator by the Association of Personal Injury Lawyers and is a member of the Family association Resolution. David James, who has been with the firm for eight years, and the firm’s newest addition, Joanne Lerwill, specialise in Conveyancing.

The firm today takes pride in its reputation and loyalty from clients. This can be attributed to the quality of service, and also to the relationships developed with longstanding members of staff, who give clients the confidence that they will always receive a professional service with a personal touch.

Now an integrated part of CJCH Solicitors, the team from Patchell Davies continues to deliver their impeccable work ethic and client service standards.

Landlord and tenant issues: How long are you willing to wait to recover possession of your property?

By Nerys Thomas.

Generation rent (generation of young people living in rented accommodation with little immediate chance of becoming home owners due to the high cost of property) is an ever-increasing reality within the UK.  Whilst this is good news for landlords, whether they have one rental property to their name or those with large property portfolios, being a landlord can at times be compared to a costly roller coaster experience, especially when attempting to recover possession of your property.

Fundamentally, no landlord can recover possession of their property without the tenant providing vacant possession or the court ordering for the tenant to vacate.  If the tenant does not leave the property following a court order being obtained, landlords must then apply for a court approved bailiff to undertake an eviction.  All of which can become an expensive and time-consuming situation, where the landlord is usually already aggrieved e.g. unpaid rent.        

The Ministry of Justice published statistics in November 2017 surrounding landlord possession proceedings.  It is pleasing to note from this publication that the actual number of possession claims directed to court are slowly reducing, but those claims which are directed to court have seen the time frames for the matters being addressed marginally increasing.  On average, the Ministry of Justice inform us that it could take 11.4 weeks from the filing of a claim at court to getting a possession order.  This means that if your tenant has fallen into rent arrears and you have served the appropriate notice it will take, on average, just shy of three months from filing your claim at court to the matter being considered by a Judge.  That would potentially be three further months where rent is not being paid.

It is detailed in the Ministry of Justice report that it will take on average 41.2 weeks from the date of issuing a claim at court for possession to actually recovering possession, should a tenant fail to adhere to the court order requiring that he/she vacates, and a court approved bailiff is employed to undertake an eviction.  Once again, if the reason for pursuing possession is rent arrears, this time frame is likely to result in an eye-watering debt owed to the landlord.     

Please note that the Ministry of Justice statistics have been collated across England and Wales, therefore the true situation in your local court may vary depending on the court’s workload.  Nevertheless, the figures are a clear warning for landlords to try and protect themselves where possible.

At CJCH Solicitors, we have the experience and knowledge of providing an all-encompassing service in relation to landlord and tenant matters, whether this is to safeguard the landlord prior to entering into a rental agreement; when disputes have arisen or to recover possession and/or rent arrears through the court process.  Should you wish to discuss your situation further or seek assistance with a dispute, contact Nerys Thomas at disputeresolution@cjch.co.uk or by telephone on 0333 231 6405.

Mental Health law: Support, resources, and insights.

We have come a long way in terms of awareness and support, but Mental Health matters continue to have a stigma and an air of uncertainty overshadowing them. For example, a 2016 survey by Time to Change Wales revealed that 1 in 10 people believe that people with mental health illnesses can never fully recover, and 1 in 7 believed that people with mental health problems should not be allowed to hold public office. People still have reservations about speaking openly and honestly about their personal mental health experiences and challenges.

In a bid to raise awareness, the CJCH Solicitors mental health department have shared insight into some of the information we believe people should be aware of when it comes to mental health law.

We asked Craig Mills, a solicitor in the mental health law department to answer a few important questions:

What the aim of mental health law is?

The Mental Health Act protects the rights of people with mental health challenges, not only when someone is detained in hospital but also when someone is being treated for their ailments within the community under the Act. People should only be admitted to hospital against their wishes when it is essential to their health and safety or the protection of others.

What should people be aware of when it comes to matters relating to mental health?

Personal rights are an important thing for people to be aware of. There has been a lot of mental health advocacy recently and people need to be aware that it can affect individuals in a number of different ways  (Read a recent article in BBC News on South Wales Police wanting mental health lessons for youths). It can sometimes be difficult to identify when/if people are suffering from mental health problems, but it is important that everyone is aware that help is available. There are a number of mental health charities that can provide support.

Here are some links to assist with finding the right support for you or your loved ones:

For an example of how these matters are impacting people in Wales, you can read this recent article about three people’s personal struggle with mental illness which was shared for World Mental Health day.

For more information or assistance with a mental health legal issue, contact our team via email: mentalhealth@cjch.co.uk ; to telephone: 0333 231 6405.

CJCH Solicitors acquires Blackwood based, Patchell Davis

Cardiff based CJCH Solicitors has attained considerable media and industry coverage recently due to our rapid expansion strategy, dedication to client services, thought leadership in global anti-piracy, and commitment to supporting the Welsh community. We continue that trend for service excellence and geographical reach with the recent acquisition of Blackwood based solicitor firm, Patchell Davies.

Patchell Davies Solicitors opened its doors in Blackwood over 30 years ago and has been dedicated to supporting the legal services needs of the local and neighbouring communities ever since.

As of May 2017, Patchell Davies Solicitors was officially incorporated into CJCH Solicitors expanding the practice, already servicing clients around the globe, to six offices across the United Kingdom.

“CJCH is constantly looking to see how it can make the Welsh legal industry a more integrated and customer-centric one. We have achieved levels of working efficiencies and client service excellence that allow us to complete in local markets where pricing is under pressure. Growth has always been our strategy and we are delighted to acquire Patchell Davies who complement our teams of advisors” Nick Wootton, CJCH Chief Financial Officer and Merger & Acquisition Specialist.

 

 

 “We pride ourselves in offering dedicated, personalised and results-orientated legal services to the Welsh community, and now we are proud to have become part of a practice which aligns to our core values and strives for excellence and innovation on a global scale.” Howard Patchell, Director of Patchell Davies Solicitors.  

CJCH has a global Intellectual Property and Technology with a Global Anti-Piracy and Cyber Protection development program, these skills are being rolled out across the firm in pursuit of our goals of establishing Wales and a central hub for Cyber Security thought leadership. The acquisition of Patchell Davies Solicitors will further promote our rollout plan, as we will be identifying and up-skills selected team members within the new Blackwood office to ensure the capability is present in all CJCH offices, and for all CJCH clients.

“The acquisition of Patchell Davies sees us broaden our services into a new geographical area. Our journey to a true customer focused legal practice, with local Welsh values and International capabilities is a continuous and evolutionary one. We see the incorporation of Patchell Davis into the CJCH Group as a step in the right direction towards achieving this goal, and bringing world-class legal support to Wales.” Tim Hartland, Managing Partner – CJCH Solicitors.

CJCH Solicitors contact information: admin@cjch.co.uk; 0333 231 6405

For further information on CJCH Solicitors please visit our website at www.cjchsolicitors.co.uk.

 

Was your company adequately prepared for the festive season?

It’s the start of the year, and probably time to reflect on the year gone by for most companies. If you had any questionable experiences during the festive season, here are some tips to plan for 2017 and employee conduct in general.
The office Christmas party is a tradition of most employers. However, employers should ask themselves whether they are properly prepared, particularly because employers have a duty of care to their employees can be vicariously liable for acts of discrimination, harassment and victimization carried out by employees in the course of their employment (which would include the office party) unless the employer can show that reasonable steps had been taken to prevent such actions.
Get a policy in place
It is worth outlining to employees in advance what represents acceptable and unacceptable behavior. Staff should be placed on notice that inappropriate behavior, unwanted conduct, etc. will be dealt with in the same way it would as if it took place during normal work hours.
Remind employees about the risk of excessive alcohol consumption
It is sensible for employers to remind employees of the risks of alcohol consumption to excess. Employers should sensibly limit the amount of alcohol given freely; the free bar approach may be seen to be encouraging excessive alcohol consumption.

Getting home
Employers should also exercise a caring approach with regard to getting employees home safely. Some employers may provide transport, others may simply provide taxi numbers and encourage staff to use them.
Misconduct
Any misconduct that arises at the Christmas party should be dealt with in a timely manner and through the employers’ investigatory and disciplinary procedures. A complaint should never be dismissed as ‘just banter’.
In a very timely recent High Court ruling, Bellman v Northampton Recruitment, it was decided that a company is not vicariously liable for injuries caused by an employee after a work Christmas party had ended.

In this case, after the Christmas party ended, and at a different location, a disagreement between a manager and a director took place. They continued drinking until a serious assault took place at 3.00 a.m., which caused a serious brain injury to the manager. The decision was taken to sue the company. The key question was whether he was acting in the course of his employment when the director struck the manager, so as to make the company vicariously liable.
The Judge determined that if the assault had taken place at the Christmas party itself, the company could have been liable, but because the assault took place after the party and in a different location, during effectively a “private drinking session”, the company was not vicariously liable.
The law provides that employers will be liable for the conduct of their employees where that conduct occurs in the course of their employment and there is sufficient connection between the position the employee was employed in and the wrongful conduct, to make it appropriate for the employer to be held liable.
The advice for employers remains to set clear guidelines as to the conduct expected of employees when attending any functions which are or may be connected to work, and to remember they could be held responsible for improper conduct at work events.

For more information, or assistance on these and other employee related matters, speak to our experienced Employment Law team.