Prevention is better than cure

I qualified as a Solicitor in 1991 and joined Smith Partnership in 1999, having spent 10 years working for local authorities. I have over 28 years of experience in practising almost exclusively children's law.

I set up the Childcare Law department in 2002, and was made a Partner in 2006. In the same year I qualified as a Solicitor Advocate (Civil) and in 2013 I became the Client Care Partner at our head office. My team and I specialise in all areas of childcare law, but in particular public children's law where the state, through the guise of the local authority, has intervened in private family life due to allegations of child abuse or neglect. I conduct all my own advocacy, including against nationally-renowned silks and leading junior counsel, predominantly in the County and High Court. I am regularly instructed by CAFCASS, children and parents in the most legally- and factually-complex child abuse cases involving child deaths, serious head injuries, other serious non-accidental injuries and allegations involving serious sexual abuse. A number of the cases I have been involved in have been reported, including:

M v Derbyshire County Council and others [2018] EWHC 3734 (Fam)
Re Z (A Child - Care Proceedings - Separate Representation) [2018] EWFC B57
Re O (Fact Finding Hearing - Parents Refusing to Participate) [2018] EWFC 48, [2018] All ER (D) 91 (Jul)

I have also been instructed by CAFCASS in cases involving disputes between parents as to childhood immunisation — such as Re B (A Child - Immunisation) [2018] EWFC 56, 168 NLJ 7808, [2018] All ER (D) 11 (Sep) — as well as contested surrogacy cases, disputes regarding children from same-sex relationships, and for leave to remove from the jurisdiction.

I have lectured for many years on the subject of public childcare law on CPD-accredited courses around the country, and have delivered papers in a number of national conferences. I have also taught childcare law on the Social Work Masters at the University of Leicester.

I was formerly a member of the Family Justice Council in Derby and a former chair of its Expert and Disclosure Subcommittees for a number of years.

I am a Partner and Head of the Childcare team, and therefore responsible for the work of all our Childcare and Social Services Solicitors and staff. I bring my 27 years of post-qualification experience and expertise in leading the team and driving forward our agenda to provide the highest possible level of service and representation to our clients involved in public childcare law proceedings brought by Local Authorities/Social Services involving their children.

I spearhead the drive to ensure that not only do we provide advice and assistance leading up to any proceedings, but that we offer continuity through representing our clients at most, if not all of the court hearings.

I am married with 3 children who take up most of my time. For better or for worse, I am a follower of Liverpool FC.

Extremely compelling advocate' and head of childcare Muctar Johal 'is highly respected in the field of child protection.

- Legal 500 2019

Effective advocate" (...) "adept at handling the most complex cases involving children" (...) "skilled and subtle negotiator.

- Legal 500 2017

An excellent advocate.

- Legal 500 2015

E: james.johnson@smithpartnership.co.uk

T: 01332 225271

F: 01332 225444

James Johnson

Partner

Practice areas

Employment

I head up the Employment team. I act for all sizes of employers from SMEs to large corporate enterprises, charities, educational establishments and public sector employers. My work involves assisting employers in navigating often complex areas of employment law to deliver commercial outcomes. My primary objective is to deliver the result desired by the client whilst reducing their risk.

I also act for senior employees in relation to advice on contracts, exits, settlement agreements and post-employment obligations.

I am a keen advocate and run cases through the employment tribunals to final hearing.

My recent cases of note have included a complex TUPE transfer of over 200 employees on a service provision change, representing a large public sector employer in relation to a discrimination claim listed for fifteen days and acting on behalf of a group of connected directors in relation to claims of unfair dismissal and age discrimination.

I’d like to think that I provide a ready supply of (relatively) funny anecdotes mainly relating to my constant struggle to keep up with my now nearly teenage daughters. After twenty years of practising employment law, I can also be relied upon to unearth experience of dealing with any given employment scenario in the past (if only I could remember the name of the case and the outcome!).

Finally, without exception, I can be relied upon to spout in an overly evangelical way about the latest fitness fad I have started to follow, only to give it up about two weeks later...

I try my hand at all sports, but master none of them. As age catches up with me, my sporting pursuits are now more heavily focused on a fairly sedentary game of golf (with particular focus on the 19th hole), although I remain a keen and (relatively) enthusiastic runner and regular attendee at my local gym.

My social life is spent primarily ensuring that my daughters, Charlotte and Emily, can fulfil their social lives and I can therefore often be found supporting my daughters in their own sporting pursuits, or driving around my local area dropping them off and picking them up from various friends’ houses. When not doing this, I am walking through the local countryside with my beloved dog, Willow.

Thank you to James Johnson for the help and advice with my unexpected employment dispute. James was very professional, concise and prompt given the timescales we had to get this resolved. I was very happy with the outcome and would highly recommend James!

- JM

Smith Partnership has an excellent employment team who are attentive and responsive to our business priorities and provide pragmatic advice.

- Jacqueline Hills, Legal Director UK and Ireland, Office Depot International (UK) Limited

- Sharon Poulson MCIPD Group HR Manager – TTG Global Group Limited

James Johnson was incredibly supportive and gave some very sound advice. He was able to use his knowledge and his amiable approach to succeed in getting me the settlement that I needed when I found myself no longer in employment. I would totally recommend him to anyone who finds themselves in similar circumstances. He is professional and approachable and certainly gets results. I cannot thank him enough.

- MT

I would like to thank James Johnson at Smith Partnership Solicitors for his excellent service in dealing with my situation at very short notice.

I would not hesitate to contact him again if required & thoroughly recommend him for his efficiency & professionalism.

- SF, 2019

Jak you have been a superstar... I couldn’t have done this without you.

- AP

E: rashid.ali@smithpartnership.co.uk

T: 01332 225204

F: 01332 225379

Rashid Ali

Partner

Practice areas

Commercial Property

I joined Smith Partnership in 2007. I have over 15 years' legal experience advising major corporate and private clients and have established a reputation for being very capable, commercially aware and personable.

I advise on a wide range of commercial property transactions including complex freehold and leasehold acquisitions and disposals, landlord and tenant matters, development opportunities, refinancing and the property aspects of corporate transactions.

I act for a national property company and have dealt with numerous property transactions with a value of millions of pounds. The client company’s portfolio consists of thousands of properties and the transactions often involve complex matters such as contracts conditional on planning, which are often subject to areas of overriding interests including rights of way, detailed overage, sales of part with various rights being reserved and granted and ransom strips.

I continue to develop my expertise in the health sector with particular emphasis on pharmacies and enjoy focusing on developing the firm’s relationships with new and growing local business so that in future years Smith Partnership will be their go-to ‘business partner’ as they grow and expand.

Using my years of experience within the commercial real estate sector along with my very good working relationships with my clients, I believe I provide more than property legal advice. I see my role as a Solicitor in the 21st century as being more than my client’s legal Counsel. I believe that I and other professionals (such as accountants, surveyors, lenders, opposing Counsel) are there to provide a full consultancy role for and on behalf of commercial clients.

My colleagues would say I am someone who regularly helps them as much as possible. This could be by maintaining motivation and enthusiasm (buying regular sweet treats) within the team as well as by offering solutions to problems and having strong leadership skills and qualities. We work in a busy, challenging environment and it is important to understand the needs of clients as well as your team and offer support and protection where needed to hopefully create a calm and (where possible) fun working environment.

Away from work I am a keen football and cricket fan.

Rashid has established a reputation for being very capable, commercially aware and personable.

- Legal 500 2013

E: ruth.ball@smithpartnership.co.uk

T: 01332 225384

F: 01332 225444

Ruth Ball

Associate

Practice areas

Business and Personal Insolvency

Having joined Smith Partnership in 2013 as the Head of Business & Personal Insolvency, I have over 14 years of experience advising clients on insolvency matters where I demonstrated my proficiency for dealing with a variety of complex insolvency issues.

On a day-to-day basis I deal with a range of insolvency queries, helping clients, including employees, get to the bottom of both corporate and personal insolvency problems.

I also do a lot of work in an advisory capacity providing help and guidance to Directors and companies on issues including: administrations, members’ voluntary liquidations, creditors’ voluntary liquidations, compulsory liquidations and company voluntary arrangements.

Alongside this I act on behalf of Directors in providing advice on antecedent transactions, such as preference claims, transactions at an undervalue, wrongful trading, and dispositions of property.

I also advise individuals on bankruptcy matters, including dealing with the matrimonial home when the joint owner is made bankrupt.

I also regularly act on behalf of office holders and insolvency practitioners in relation to issues arising out of corporate or personal insolvency cases.

A team player who arranges the best social events, mentors the younger members of the team and is happy to undertake the administration tasks for the department.

I play netball for a local team, enjoy taking my dog (and husband) on long walks and spend any spare time gardening.

Smith Partnership offers an outstanding service with Ruth Ball demonstrating in-depth legal knowledge, together with displaying excellent commercial acumen, delivered in a structured and proactive manner.

- Dean Nelson, Smith Cooper

I find Smith Partnership, in particular Ruth Ball, to be a pro-active, responsive legal firm, providing a highly professional and cost-effective service.

- Jill Howsam, Corporate Financial Solutions

The reasoning behind our choice to switch our legal requirements to Smith Partnership was further endorsed by our introduction to Ruth Ball. Ruth has been a major asset at a time where our rapidly growing company needs a reassuring and strong approach in challenging situations. This has provided a considerable level of confidence at a crucial time.

- Darren Adams, Bridgefast Finance Limited

The reasoning behind our choice to switch our legal requirements to Smith Partnership was further endorsed by our introduction to Ruth Ball. Ruth has been a major asset at a time when our rapidly growing company needs a reassuring and strong approach in challenging situations. This has provided a considerable level of confidence at a crucial time for our private investors.

- Egomark Limited

E: clare.buchanan@smithpartnership.co.uk

T: 01332 225421

F: 01332 225441

Clare Buchanan

Chief Financial Officer

Practice areas

In 2011, I joined Smith Partnership as a Practice Accountant. I’m obsessed with qualifications and continual learning and have gained my ACCA, PGDip in Legal Studies and an MBA. I am now focused on improving my softer management skills.

During my accountancy career, I have worked with a vast array of businesses, from farmers to SMEs, charity organisations and housing associations to larger firms such as JCB.

I have a wealth of knowledge in the accountancy and taxation field, along with a strong commercial knowledge developed from my roles both in practice as an accountant and business adviser and financial controller in industry.

I head up the Finance department and I am also the firm’s Compliance Officer for Finance and Administration (COFA). I am responsible for a team of seven cashiers and accounts staff who tirelessly safeguard the funds and assets of our many clients and stakeholders.

I do not consider myself a bean counter, more of a business partner who serves the staff around me to help them do the best job they can do. I have worked alongside every business discipline to improve the business model, efficiency and results of the organisation.

If you met me I am sure you would not stereotype me as a ‘boring accountant’. Although my role puts me under daily pressure along with the constant deadlines that have to be met, I try to bring fun to my team, knowing the correlation of enjoying your job and improved productivity. I am a huge team player, someone that my team thoroughly trusts. I bring a non-stop, can-do attitude to the firm, and always have a willingness to find a solution to someone’s problem and improve areas of work that need it. I hold an enormously privileged position within the firm, where I have the ability to see the finances and everything that runs alongside these. I provide continual management information and advice to senior owners and management enabling them to make decisions at the highest level.

As with most full-time working mums, I juggle my work-life balance like a magician. Somehow, I always seem to be in the right place at the right time to drop and pick up my son from football practice, matches and all the other things that go along with a young man in secondary school.

I love to travel (favourite place so far being Goa), and enjoy soaking up the different cultures and behaviours of the people I meet. People watching with my hubby is also a favourite pastime!

E: eleanor.derry@smithpartnership.co.uk

T: 01283 742046

F: 01283 511365

Eleanor Derry

Solicitor

Practice areas

Childcare

I am a solicitor within the Childcare team at our Burton office. I re-joined Smith Partnership having previously trained as a Solicitor in the Derby office and having worked for Smith Partnership both pre and post qualification for over 5 years previously.

I represent parents, grandparents and those involved in the care of children within Care Proceedings and the pre-proceedings (Public Law Outline) process. I represent clients at Court and at Local Authority meetings, to assist them in securing the care of their child or when decisions need to be made in respect of a child’s best interests. Often the decisions that parents or carers need to make are not easy, they can be complicated with many factors at play and advice must suit each client and child’s specific circumstances and needs, taking into account potential issues which may also present in the future.

I have represented and advised clients in cases involving non-accidental injuries, domestic violence, child neglect, mental health illness, learning disabilities, trauma, sexual abuse, drug and alcohol misuse amongst many other issues. I have represented clients who require the assistance of an interpreter, an intermediary or advocate as well as clients who are in prison or abroad and clients who are disabled or vulnerable. I have represented clients during proceedings before the High Court and where secure accommodation of a child or deprivation of liberty is concerned. I have also represented clients where there are significant cultural or immigration issues present.

In the majority of my cases my clients seek to keep their child or children in their care which is what I work to achieve, but where this is not possible consideration will be given to securing the next best option such as keeping the child placed within the wider family. Where a sibling group is concerned, consideration will need to be given to whether siblings can remain together or whether they may need to be placed separately. In some cases, clients will decide that their child would be best placed elsewhere and we will work together to secure the best possible outcome for the child, with the parent being able to maintain contact.

I bring a different background to the team having previously worked as a primary school teacher. I also bring knowledge of the Court of Protection and Inquests to the team. Knowledge of the education and healthcare sector is useful when practicing childcare law.

I am friendly, organised and professional with a good sense of humour. I provide clear, well considered advice and have a distinct dislike of injustice.

I enjoy anything creative and have a keen interest in interior design and art. I love being outside in the countryside, at the beach or gardening. I have a young dog and enjoy training and grooming him. I also enjoy supporting my local rugby team.

E: adrian.pearce@smithpartnership.co.uk

T: 01283 742028

F: 01283 742030

Adrian Pearce

Partner

Practice areas

Crime

I qualified as a solicitor in 2007 and joined Smith Partnership in 2012. I am a Partner in our Crime team in Staffordshire and have nearly 30 years' experience in all aspects of criminal law. My role is extremely varied and I advise and assist clients on a wide range of matters both at the police station and at court. I head up the High Profile/Serious Crime Department. I work in conjunction with Derek Angus. Although I cover all areas of criminal law, my main focus is on serious and complex cases ranging from large scale conspiracies, drugs cases, rapes, murders, wounding, Proceeds of Crime and more. I attend on matters throughout the UK.

I am a workaholic and can frequently be found reading evidence, sending emails and speaking with clients outside of normal office hours.

My key interests are weight training, supporting Aston Villa and watching movies.

I needed legal representation at crown court. After a friend’s recommendation, I approached Adrian Pearce. This was a very worrying and stressful period in my life, I was extremely thankful and appreciative of the successful outcome.

From my very first contact with Adrian Pearce he always kept me informed and treated me in a very professional but also friendly way, nothing was ever too much trouble.

I would highly recommend Adrian Pearce to anyone who requires legal representation.

- Mr A Reuter

Adrian Pearce has represented me, my family and friends for the last 10 years. Genuine and reliable chap that has provided an excellent service along with good advice. I would not hesitate to recommend Adrian and his team in the future.

- Mandeep Mann

I have often needed legal assistance and I’ve always used Adrian Pearce. He has always given me very good legal advice and represented me on several occasions. Adrian has always been easy to get hold of day or night and always follows up after the event to check everything is OK. I always pass his number on to my friends and would recommend his services to anyone.

- Mr D Ledwidge, Director, Vaze Security Ltd.

I've used Adrian on a number of occasions with a 100% success rate, I no longer consider Adrian as my solicitor but more as a friend.

Adrian has spared me wasted time on many occasions, I personally would recommend him at the highest level. Straight talking and one of us.

- Mr M Deeming

We have met many law professionals during our personal, professional and social lives. Whilst many have been competent and experienced, none of them have come close to the standards of Adrian Pearce.

We contacted Adrian during an extremely stressful time in our lives. The law firm we were using were not being proactive, and as such we were living in a precarious state of limbo.

After emailing Adrian outlining our legal situation, he responded almost immediately and an appointment was made. Adrian is fair, transparent, professional and an absolute gentleman. He discusses costs openly, and fights for his clients. Contacting Adrian was the best decision we have ever made.

Adrian was with us throughout the entire process and we could not be happier with the outcome. We recommend Adrian Pearce to all of our family, friends and colleagues who may require legal assistance.

Adrian is a gifted criminal solicitor, and we consider him not only to be a legal expert but also a friend.

Thank you again Adrian.

- Maxine Knott

Adrian was very understanding and kept me up to date at every stage. He did everything he could to help me.

Thank you very much for your hard work, professionalism and understanding Adrian, which resulted in a smooth and quick resolution to the situation.

- Dr GA & Mr MA

E: lisa.franklin@smithpartnership.co.uk

T: 01162472004

F: 01162472007

Lisa Franklin

Chartered Legal Executive

Practice areas

Wills and Probate

Key areas of work:

Wills
Powers of Attorney
Court of Protection applications
Management of property and financial affairs for professional attorneys and deputies
Estate planning advice
Probate administration
Trusts

Wills and Lifetime Planning Tools

In short, I advise and assist people with their lifetime planning and in the preparation of Wills ranging from simple wills to complex Wills incorporating Trusts as well as other useful lifetime planning tools such as Powers of Attorney, including general Powers of Attorney, specific powers of Attorney, Trustee Powers of Attorney, Enduring Powers of Attorney and Lasting Powers of Attorney. I also draft Declarations of Trust. I offer all-round advice having formed a bigger picture of my client’s personal circumstances to help them make well-informed decisions.

Court of Protection Deputyships

I also advise and assist with applications to the Court of Protection for the appointment of a Deputy and I am particularly passionate about helping vulnerable clients. The Court of Protection work I am involved with includes making applications to the Court for the appointment of a person to manage property and finances when a person becomes unable to do so for themselves and also in assisting Professional Attorneys and Deputies manage property and financial affairs. I also have experience of Statutory Will applications, Trustee applications, gifting applications and also Health and Welfare applications to the Court of Protection.

Probate and Letters of Administration

I assist Executors in applications for Grants of Representation both where the deceased left a Will and in cases of Intestacy (where there is no valid Will). I also assist in the general administration of an estate including collecting in assets of the estate, settling liabilities, the preparation of estate accounts and distributing to beneficiaries. This involves the calculation and settling of inheritance tax, as well as deeds of variation where a beneficiary wishes to redirect their inheritance and payments to the beneficiaries. I find it rewarding to be able to help people in their hour of need especially after the loss of a loved one.

A little ray of sunshine and bringing out the happy side in people.

I am very determined, conscientious and will fight for what I believe is right for the team and our clients.

I love to help people. I am a Dementia Friends Champion and a member of “Inspiring the Future”.

I am colourful and I love shoes!

The best moments of my life are spent with my little family. Unfortunately for them, I have not yet mastered the art of keeping a pet fish alive for more than a few months. R.I.P Sprinkles and Cupcake.

I am a bit of a royalist and my biggest role model is Her Majesty the Queen.

In my spare time I enjoy a mix of belly dancing, tap dancing, genealogy, cocktails with friends and stone painting with the children.

I won the Northamptonshire Law Society Junior Lawyer of the Year award in 2014 and have since been commended internally with awards for commitment to business development and for “going over and above” in client care and service.

Dear Lisa, Just wanted to thank you for your courtesy and patience in explaining things this afternoon. These matters are never enjoyable but you made it comprehensible and I appreciated that.

- Mr Newton

Lisa, I just wanted to thank you for all your work on this estate and for all your help with our legacy, it’s much appreciated.

- Client, Wills and Probate

Vasanti Vaitha

Associate/High Court Advocate

Practice areas

Crown Court | Crime

Having completed the Legal Practice Course at the University of Sheffield, I joined Smith Partnership as a Paralegal in 2001. I went on to complete my training contract with the firm and I qualified as a Solicitor in 2004.

I was made an Associate in 2009 and have since successfully qualified as a Higher Courts Advocate in both criminal and civil advocacy.

I am police station accredited as well as being a member of the duty solicitor scheme.

I specialise in criminal law and I head up our Crown Court team in Leicester. I appear regularly at the Crown Court and my case load includes a variety of serious matters including violent crime, sexual offences, robbery, drug offences and fraud.

I also manage the department which involves submitting bills to the LAA / clients, managing staff and also liaising with other organisations to include Courts and court staff, CPS and the police amongst many others.

I am professional, efficient, assertive, hardworking and a perfectionist. I have a good sense of humour and I am approachable.

I live and breathe the job.

Thank you, you have really helped us through a very difficult time in our lives and have guided us when we needed that support.

- Client's Family

In 2019 I was facing serious charges which would have impacted on my life dramatically and ended up in a moderately length prison sentence, but thanks to Steve Newcombe I managed to come off with a suspended sentence. If it wasn’t for his knowledge and more importantly his relationships in the court of Leicester he managed to make sure I walked away from the court to see the birth of my daughter. I am so grateful and a cannot recommend another firm like this one. This has really given me hope Thank you so much Steve and also to Vaz Vaitha for handling my case. I give this firm a solid 5 star rating I cannot thank you enough.

- Anonymous

On behalf of myself and my family I wanted to give you and your team my sincere thanks for the work completed on our behalf.

From the initial meeting we were treated with respect and had the benefit of meeting several members of your team who all shared the same goal “to get the best outcome possible”. In the end this was exceeded considerably!

After many months, of your unending patience and commitment, we became aware that there would need to be a large amount of background work that needed to be done before we could prepare for the initial and final hearings. The quality of the advise given and the expertise with which the preparation was completed meant that we felt, and were, involved at all times.

We put our faith in a company that was recommended to us. We were not disappointed. They are undeniably brilliant, with a breadth of knowledge that was infinite while at the same time making the service personal to us as a client.

I would not hesitate to recommend them for all aspects of legal work in the future.

- Anonymous