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Withy King Solicitors is a major care sector specialist
with offices in the South West and London. Whether you are
an established care operator or about to acquire a care
business, Withy King can provide you with expert advice,
high quality client care and practical solutions.
>The key services
Employment solutions: Staff and staff related issues
can have an enormous impact on the viability and reputation
of a care provider. Withy King has a team of employment
lawyers experienced in the care sector who can provide you
with critical advice on areas such as CRB checks and POVA
issues. Should the need arise, we have an expert team of
lawyers who can represent you at employment tribunals. We
can assist you in preparing contracts, service occupancy
agreements, employee handbooks and policies.
Resident contracts: Well-managed care establishments
need to ensure they have legally binding resident contracts.
These contracts may be with the residents themselves, with
relatives or with other third parties such as local
authorities. Withy King has created a series of relevant
contracts for your use, or we can draft a bespoke agreement
should the need arise.
Property and secured finance: Property is often the
most valuable asset of a care business and our experience
allows us to provide our clients with pragmatic commercial
advice and guidance on all property related issues. This
includes acquisition and disposal, management, development,
litigation, environmental issues and secured finance. As
recognition of our experience in this area we have been
appointed to the solicitor panels for a number of major
banks heavily involved in the healthcare sector.
Construction and development issues: It is essential
to provide modern, high quality accommodation to residents.
This often requires re-development of sites or extensions to
existing facilities. Withy King has a highly regarded
construction and engineering team which can deal with all
construction procurement issues including professional
appointments, building contracts and warranties. Should the
need arise, we have a team of specialist solicitors to deal
with any construction or development disputes.
Corporate and partnership matters: Buying, selling or
developing a care home, children’s nursery or retirement
village can involve complex commercial and property issues.
Withy King has a team of specialist commercial lawyers
experienced in buying, selling, re-organising or
re-financing a care business. We have the expertise to
advise care operators on all of their needs concerning
company law, share purchases and sales, reorganisations,
intellectual property (including Data Protection Act issues)
and partnership matters.
Debt recovery, disputes and mediation: Unfortunately
most businesses find themselves involved in some form of
dispute or debt recovery at some time. At such critical
times, you need an experienced team of solicitors and
mediators to ensure your business and its assets are
protected and that the most favourable outcome is achieved
in the most cost effective manner.
>Recent transactions and what our clients say about us
Ferfoot Nursing Home (Chippenham): Withy King advised
Major and Mrs Dick Barton on all aspects of the share sale
of Ferfoot Nursing Home.
Major Dick Barton said: “Normally, you sell your business
only once. Unless you have the experience of the complicated
intricacies and legalities of business sales it is essential
to be able to put your trust in the hands of a reputable,
experienced third party. Withy King were that third party
for us and we at no time had any regrets in making that
decision.”
Miranda House Nursing Home (Wootton Bassett): Miranda
House Nursing Home, which offers care for people suffering
from alzheimers and dementia, was sold by owner-managers
Peter and Clare Saunders.
Mr Saunders said: “We are delighted to have secured
excellent buyers for the home, thanks to the support of the
specialist care sector team at Withy King Solicitors. They
handled all aspects of the business and property sale, and
were instrumental in ensuring the deal was completed quickly
and smoothly.”
>The Care Sector Team
Paul Daniels: Paul heads the Withy King Care Sector
Team and deals with the acquisition, disposal and re-finance
of care homes, nursing homes, children's nurseries and
retirement village developments. Paul also has wide
experience of property transactions; including corporate
support; landlord and tenant work; property development for
commercial and residential use and secured
lending/re-finance acting for banks.
Contact
paul.daniels@withyking.co.uk
Caroline Preist: Caroline specialises in disputes
involving property, both leasehold and freehold. Her recent
care sector experience includes advising on a rescue package
reducing the rent payable under a turnover rent scheme to
flat rate, drafting residents contracts in straightforward
and understandable language to allow rent recovery and
repossession and advising on the tactics to be taken whereby
a resident was behaving in an unacceptable manner. She
successfully utilises a wide range of dispute resolution
tactics including litigation, mediation, negotiation, the
Lands Tribunal and the Land Registry Adjudication scheme.
Contact
caroline.preist@withyking.co.uk
Katharine Mortimer: Katharine has extensive
experience in share sales and acquisitions, management
buyouts and company reorganisations, including employee
share ownership plans and company share ownership plans. As
a member of the Withy King Care Sector Team, Katharine
specialises in the corporate finance aspects of care home
transactions, including funding acquisitions and sales.
Contact
katharine.mortimer@withyking.co.uk
Nick Roberts: Nick has wide experience of
construction law, gained both in private practice and
working in-house in the legal department of the Norwich
Union and, at a later stage, on secondment to Carillion
Construction. Nick has acted for a variety of clients
including developers, contractors, public authorities and
banks. He has experience in drafting and negotiating
construction contracts and ancillary documents, such as
appointments, bonds, guarantees and warranties in many
different types of developments, including several in the
care home sector.
Contact
nick.roberts@withyking.co.uk
Richard White: Richard advises on all aspects of
contentious and non-contentious employment issues. This
includes advising employers on multiple redundancies and
business re-organisations and also acting for senior
employees, advising them on their contractual terms and
severance agreements. Richard regularly appears in
Employment Tribunals, acting mainly on behalf of employers
in unfair and wrongful dismissal, breach of contract and
wages claims.
Contact
richard.white@withyking.co.uk
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