Services for Private Clients
Residential Conveyancing
The process of buying or selling a property is often one of the most important transactions a private individual can become involved with and at Swinburne Maddison we aim to provide you with the comfort of knowing that the matter is being dealt with as efficiently as possible with all issues arising being addressed in a professional and comprehensive manner.
It is often the case that many homeowners are not aware of the intricacies involved in purchasing or selling a residential property. We look to guide you through the process explaining at the outset the steps to be undertaken, the costs involved and the likely time frame in completing the matter, allowing you to fully understand the steps to be undertaken and be involved with the legal process.
As part of each purchase transaction we will conduct a full review and investigation of title, raising with the relevant authorities the appropriate searches and enquiries and obtaining from the seller such information as may be required to ensure your position is protected. A full report on title will be provided prior to exchange of Contracts explaining the results of our investigations and allowing you to raise with us any specific queries or concerns, which can then be addressed prior to moving forward.
We aim to provide a comprehensive, complete, high level service at a competitive price. Please contact a member of our residential conveyancing team to discuss matters further and obtain a quote.
Residential Landlord and Tenant
We offer a comprehensive range of services to both landlords and tenants of a public, corporate and private nature.
At Swinburne Maddison we have a specialist team of housing lawyers able to advise on all aspects of the Landlord and Tenant relationship, including preparation of tenancy documentation, possession proceedings including forfeiture and mortgage re-possession, breaches of the tenancy agreement including nuisance, disrepair and dilapidations, service charge issues and many others.
We act on behalf of a number of public bodies, property developers and investors and would be pleased to assist in providing standardised documentation to allow you to effectively manage your housing portfolio or, in the case of private individuals, we would be pleased to consider and advise on residential tenancy documentation which you may have received from your Landlord.
Working closely with the finance team, we are also able to assist in ensuring that you comply with the requirements of any lender financing your venture.
Criminal
Swinburne Maddison has traditionally been a local practice specialising in the provision of advice within all forms of criminal cases ranging from motoring offences to offences of the most serious nature, including murder. With experience representing clients within the Magistrates Court, Crown Court and Court of Appeal and close ties with the bar Swinburne Maddison is positioned to provide an effective all round service from the point of the initial arrest to applications for an appeal.
The firm is represented on the 24-Hour Police Duty and Court Duty rotas and holds a Criminal Legal Aid Franchise.
By providing a personal service and supplying you with a main point of contact within the firm, we aim to provide the highest level of assistance and guidance through what is a traumatic and pressurised process.
Insolvency
We are able to advise individuals on all matters of insolvency, the options available and pursue the best outcomes particular to the clients needs and circumstances.
We recognise the complex nature of certain procedures and the personal issues that can arise from insolvency. We look to provide a personal service tailored to your needs, assisting in reducing the negative impact such proceeding may have upon your personal circumstances by managing the process, keeping you informed and providing you with a point of contact within the firm with whom you are able to discuss matters and the various options available.
We would be pleased to draft proceedings or appear in Court as your needs dictate.
Family
The family department at Swinburne Maddison has a vast amount of experience dealing with relationship breakdown.
Included in the team is an Advanced Member of the Law Society Family Law Panel, a member of the Children’s Panel, Resolution membership and a Collaborative Lawyer.
With this expertise you can always be certain of the highest level of advice and Court representation in various areas of practice including divorce and dissolution of civil partnerships and the related finance aspects regarding the family home, assets, debts, pensions and maintenance.
The team is able to provide comprehensive guidance on all aspects of family law surrounding children, including issues relating to residence, contact, parental responsibility and CSA.
Recognising the personal nature in the breakdown of a relationship the team can provide a personal approach when advising on financial issues surrounding the shared home, assets and debts, as well as guidance in respect of issues arising from children, as detailed above.
With particular experience in respect of domestic violence, the team is positioned to fully advise on injunctions to protect your safety and occupation order.
Dispute Resolution
Swinburne Maddison’s litigation department has experience in respect of all aspects of dispute resolution, ranging from the assessment of the merits of the claim at the outset of the matter and receipt of your instruction, advising on the remedies available or, where relevant, any counter claim, and then taking the steps required to enforce any remedy awarded by the Court.
The lawyers operating within the litigation department will look to provide tailored proactive advice, considering the needs and circumstances of each particular client and providing guidance throughout the process ensuring that any proceedings involved are transparent and the advice provided easy to follow.
By assessing and discussing with you your objectives and continuously reviewing the same throughout the litigious process we can advise you of the various dispute resolution procedures available. Recognising the often fraught relations that may exist we look to achieve a result which will fit with the practical circumstances surrounding the particular case. It is often the case, especially in respect of disputes with neighbours, family and colleagues that certain other factors may need to be taken into account in order to achieve a result that is successful in every sense of the word.
Wealth Management - Trusts, Wills and Probate
The team at Swinburne Maddison is able to provide advice on all aspects of wealth management of varying degrees and provide you with advice specific to your personal circumstances.
The primary areas of practice consist of the following: -
Trusts – this is a mechanism put in place to govern the administration of a particular asset(s) or cash. We are able to listen to your specific requirements and needs and provide advice and documentation tailored to fit with such objectives within the scope permitted by legislation. We are able to provide comprehensive advice regarding the roles of the trustees and the fiduciary duties imposed upon such persons to manage the trust property. Trusts are primarily of two types; those which are created during a client’s lifetime to possibly benefit members of the client’s family and also with a view to reducing a client’s potential Inheritance Tax liability that may arise upon their death or those created in the Will of a client and so becoming effective upon the client’s death. The wealth management team is positioned to provide comprehensive advice on all options available.
Wills – a member of our team would be pleased to meet with you at our offices or at your home to discuss either the drafting of a new Will or an amendment to your existing Will. We aim to discuss with you in detail your circumstances and provide proactive advice to cover issues you may not have considered or thought were necessary. By continuously developing our knowledge of the law and maintaining close contact with other associated advisors within the financial sector we are able to provide a well-rounded, comprehensive service. Consideration will be given to your family, commitments and personal financial circumstances and the possible incidence of tax and, in particular, capital gains tax and inheritance tax.
Probate – the probate process can often be a distressing and an uncomfortable time. By adopting a personal and efficient service we aim to make what is often a stressful and complex process as simple as possible. After a death it is important that the deceased’s Estate is administered with sympathy as well as efficiency. It involves obtaining valuations of all of the assets of the Estate, agreeing the inheritance tax liability, applying for a Grant of Probate (or Letters of Administration in the event that there is no Will) and then, with the benefit of the Grant of Probate, gathering in the assets of the estate and distributing them in accordance with the Will (or the rules of Intestacy where there is no Will).
Nursing Home Care – we can provide comprehensive advice in respect of limiting your potential liability in respect of nursing home fees and put mechanisms in place to protect both yourself in respect of the services received and your estate for the benefit of your next of kin.
Lasting Powers of Attorney (and The Office of The Public Guardian) – it is possible to put in place documents and procedures designed to enable relatives, friends or professional advisors to administer the affairs of an elderly or infirm person during their lifetime who, for whatever reason, is unwilling or unable to manage their own affairs. By considering such issues in advance it is possible to determine and put in place mechanisms to ensure that someone can assist with the management of your financial affairs in a manner to the best of your interests. As well as assisting with the preparation of legal documentation, the wealth management team is here to guide you through the protection steps, including registration of the Power of Attorney with the Office of the Public Guardian.
Employment
Employment legislation and case law is continuously changing and evolving. By constantly monitoring developments in the law and revising our services in line with the same, we are able to advise and assist both employers and employees on all aspects of employment.
By maintaining a balanced practice we are able to provide advice which factors in the considerations of all other relevant parties to achieve the most favourable result available to our client.
Within the private client sphere we are able to provide advice to public bodies, small businesses and private individuals on various issues from the drafting of employment contracts, the raising of a grievance, redundancy, unfair dismissal, discrimination, equal pay, breach of confidentiality or disciplinary procedures.
The team has a vast amount of experience both assisting with the lodging of an application to pursue a claim and defending the same. The team can advise on the relevant procedures to be followed whether through the Court or the Employment Tribunal and, in respect of the Employment Tribunal, represent you through the hearing process.
Agriculture
The property team undertaking agriculture work has experience in dealing with transactions falling within this particular sector.
The team acts for a number of estate owners within the region with experience in dealing with the sale and purchase of farms and estates, rights of way, sporting rights, public access, agricultural tenancies, agricultural subsidies, development and wayleaves.
The team is also able to advise estate owners, in conjunction with the commercial property team, on the implications of entering into Telecommunication Leases and offering land for the purposes of a Wind Farm development. The team is able to consider the implications of the development in the context of your ongoing business requirements and assist throughout the process from negotiation of Heads of Terms to construction and operation of the project and any future rent reviews.
With particular experience in drafting one-off documents the team can provide pragmatic advice in respect of aspects such as overage and clawback agreements in respect of land with development potential.
Business Start Up
Starting a business can be a complex and intricate process with many issues to consider.
The form of business undertaking to be adopted can vary and our corporate team is positioned to advise you fully on the various options available and the advantages and disadvantages of proceeding with each.
By closely paying attention to your objectives and discussing with you your business plan we can tailor our advice and assist in helping you get your new business and venture underway.
The corporate team is experienced in providing advice to new start up businesses taking the form of either a sole trader, partnership, limited liability partnership, unlimited company or limited company (whether limited by shares or by guarantee).
The team can advise you of the steps to be undertaken and issues to consider relating to the preparation of accounts, the provision of business materials, such as office stationary and the legislative requirements, and the choice of business name. Upon establishment we are able to offer ongoing support and provide advice on the various compliance and governance issues arising from the operation of your business.
Personal Injury and Clinical Negligence
Swinburne Maddison have a number of legal advisors positioned to provide advice to persons bringing or defending a claim for personal injury.
The team has represented hundreds of victims and defended both individuals, corporate and public bodies in relation to accidents which may have occurred on the road, in the work place or within privately owned premises.
The team has been successful in both recovering millions of pounds of damages for victims of accidents and in defending private individuals and corporate organisations from what can often be threatening claims for damages dramatically impacting upon an organisations financial and operational performance.
We provide straightforward and independent advice and, unlike many claims handling organisations, ensure that you retain one hundred percent of any compensation recovered.
To ensure that all issues can be discussed and to assist at the outset without delay, we would strongly suggest that you talk to us before a claims handling organisation or a firm is appointed by your insurers. Through our personal approach we aim to provide a service which allows you to accurately monitor the progress of the claim and discuss with the designated member of our team all aspects of the case as and when you feel it is appropriate.
As well as being able to provide advice on the claim proceedings themselves, we will look to take a proactive approach and consider in advance issues such as enforceability ensuring that there are adequate resources in place to fund the remedy awarded by the Court or, in the appropriate circumstances, the best means of disposing of the claim, which may include settlement.
Throughout the process we will consistently keep in mind your specific needs and advise you of the options available including alternative dispute resolution procedures, such as mediation and the prospects of settling any claim on the most favourable terms possible without further delay or expense.
The firm also has vast experience in the sphere of clinical negligence.