Righting the wrongs

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

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: margaret.nickson@smithpartnership.co.uk

T: 01283 742046

F: 01283 742040

Margaret Nickson

Solicitor

Practice areas

Childcare

I am a very experienced Solicitor having graduated with a BA (Hons) in Law from Durham University in 1976 and qualified as a Solicitor in 1979.

Whilst in my early career I combined family law with other areas of civil litigation and criminal defence work, in 1990 I made the decision to channel my expertise predominantly into family and child care law.

With over 40 years’ experience in the field of family law, I have been a member of the Children Panel Accreditation Scheme since its inception in the mid-1980s.

I joined Smith Partnership in 2007 and focus exclusively in representing parents and children in cases involving Local Authorities who have taken/seek to take children into care. These cases include neglect, serious non-accidental injuries and sexual abuse. I also act in connection with cases involving placement for adoption and Special Guardianship as well as secure Accommodation Orders. I represent children in complex private law proceedings where the court has decided that the child should become a party to those proceedings.

I regularly appear in the Family Courts and have been involved in cases which have continued at the Court of Appeal and High Court.

I provide experience, supervision and co-working to other members of the team.

I am married and have two grown-up children. When I get free time I enjoy the arts, cookery and watching sport.

Margaret has instructed me in a number of Family Court matters over the past few years. It is always a pleasure to receive an instruction from Margaret and her team at Smith Partnership as there is meticulous attention to detail in providing documents and updates and communication from her office is excellent. Invoices are also efficiently and timeously processed. I have found Margaret knowledgeable and professional and very experienced in her field of practice and I will be very pleased to accept further instructions."

- Dr. L.D.

Margaret is without doubt one of the most highly regarded childrens' solicitors in Staffordshire and the Midlands. She is calm, organised and insightful. She commands the respect of both her clients and all professionals in the field of child care law. Most importantly she is hugely respected by the judiciary who know they can rely on her to present the best possible case on behalf of her clients.

- SB Counsel

Margaret Nickson is simply outstanding, with a stellar reputation in the field of children work. She is known for her meticulous preparation, command of the case and tenacious advocacy. Regularly instructed by children’s guardians and for very good reason.

- JR Counsel

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: bally.atwal@smithpartnership.co.uk

T: 01332 225251

F: 01332 225444

Bally Atwal

Partner

Practice areas

Dispute Resolution | Aviation

I’m a Partner in the Dispute Resolution department specialising in general commercial and property related litigation.

I also head up the Aviation department at Smith Partnership, who deal with all aspects of aviation liability claims for and on behalf of domestic and international airlines, as well as their insurers. Matters handled by the department include the defence of passenger claims brought under the Montreal Convention 1999 in respect of personal injury and associated claims and EC Regulation 261/2004 in respect of delay/cancelled flights.

Case highlights in the last 12 months include the negotiated settlement of a claim brought by a passenger who claimed a fall and the consequent injuries, which he suffered whilst disembarking the airline client’s flight, preventing him from returning to his career as an international model. The claim was valued by the claimant’s legal team in excess of £7 million, this being the sum claimed on the court documents made up of a substantial claim for loss of earnings. With the assistance of medical and employment experts, to undermine the claimant’s expert evidence, the claim recently settled with claimant accepting a Part 36 offer of £250,000 out of time, resulting in the airline client being entitled to have its costs from the date the Part 36 offer expired, met by the claimant.

A sense of purpose… failing that, fees.

Away from work, I enjoy spending time with the family.

Armchair football fan - weak arches and a lack of ability putting paid to any aspirations of a career as a professional footballer.

Gym, yoga and fair golfer.

Aviation law covers a wide range of issues and as such, requires specialist legal advice and guidance to ensure the best possible outcome. Our aviation team boasts decades of experience and with a passion and enthusiasm for this particular area of law, the team offers a responsive and comprehensive service, supporting clients through what is a heavily regulated and often complex industry. We aim to agree an early strategic plan with the client, which best serves their interests.

- Bally Atwal, Partner

Alexandra was an incredible help during a very tough time in my career. Her friendly professionalism put me at ease and I would not hesitate to recommend her to others in need of employment law advice”

- SB 2020

E: lisa.franklin@smithpartnership.co.uk

T: 01162472004

F: 01162472007

Lisa Franklin

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.