Blake Morgan LLP

blakemorgan.co.uk

Adam is a Legal Director in the property litigation team in Cardiff specialising in real estate disputes. He also has extensive experience of all forms of general commercial litigation. Adam is a specialist real estate litigator advising on a wide range of property related disputes including dilapidation claims, 1954 Act lease renewal proceedings, forfeiture, breach of covenant, nuisance, trespass, adverse possession, rent and service charge recovery and claims for compensation in respect of compulsory purchase orders. He also has extensive experience in a wide range of disputes in the County Court and High Court including breach of contract, professional negligence, judicial review, partnership disputes, defamation, contentious probate, enforcement of foreign judgments and insolvency. Adam acts for landlords and tenants, commercial, third sector and public sector clients including central government, local authorities, housing associations and local health boards.

Claire Rawle

Claire is a Partner who leads the Health, Safety and Environmental team which is recognised as having one of the leading Health and Safety practices in the UK. Claire leads the firm’s cross-office Compliance, Investigations and Prosecutions team which is recognised as having one of the leading Health and Safety practices in Wales and the South of England. Claire has over 28 years’ experience advising and representing clients in the private and public sectors across a range of industries on a variety of regulatory and criminal enforcement issues and Coroner’s Inquests.

Daniel Taylor

Daniel is a Senior Associate in the Litigation & Dispute Resolution team in Cardiff specialising in commercial disputes, and public law matters. Daniel advises clients on a broad range of commercial and civil claims. He has significant experience of contractual claims, debt recovery, negligence cases and partnership disputes. Daniel also undertakes public law work, to include judicial review, procurement challenges, education, safeguarding, mental health and mental capacity law. He also has experience in dealing with public inquiries work. Daniel regularly advises both public and private sector clients. Daniel has extensive experience in the following areas: Court of Protection Bringing and responding to applications on behalf of Local Authorities and Health Boards in connection with the Deprivation of Liberty Safeguards (DoLS) framework. Advising on matters when individuals lack capacity in complex welfare disputes involving sensitive issues such as social media, sexual relations, residence, care and contact. Advising in relation to: a) Mental Capacity Act 2005 and the relevant Codes of Practice; b) Mental Health Act 1983 and 2007; c) Issues surrounding consent to medical treatment; d) Detention and restraint. Education Understanding and experience of advising in relation to Special Educational Needs or Additional Learning Needs, and regularly represents local authorities in relation to matters in the Education Tribunal for Wales, when matters are unable to reach early resolution. Daniel is adapt to advise on the new Additional Learning Needs system in Wales and has provided training to local authorities on the new Act. Procurement Daniel regularly advises contracting authorities and economic operators in relation to the Public Contracts Regulations 2015 (“PCR2015”) and The Defence and Security Public Contracts Regulations 2011 (“DSPCR2011”). Daniel advises on all aspects of procurement law to include: a) Advising on modifications to contracts; b) Reviewing evaluation and award criteria; c) Reviewing standstill letters; d) Procurement disputes – challenging or defending a public contract award. Daniel’s recent experience of procurement disputes include: a) Advising NHS England in relation to procurement and supply of key medicines; b) Representing NHS England in relation to a procurement challenge concerning a seven-year contract for the provision of orthodontic services in East Hampshire, where the Technology and Construction Court developed the law concerning the “sufficiently serious” test. This matter was heard at the Court of Appeal; c) Advising Cardiff University on a major construction procurement relating to post-award modifications in accordance with Regulation 72 of the PCR2015; d) Advising a leading supplier of protective and tactical equipment for military and emergency services sectors in relation to a procurement of sniper equipment in accordance with DSPCR2011; e) Representing a global medical products company in relation to procurement of pharmaceutical equipment; f) Advising the Welsh Government on a procurement challenge issued by an unsuccessful economic operator pursuant to the PCR2015. To include issues dealing with standstill period, limitation periods and clarifications. g) Representing a charity in relation to domestic abuse services in the South West of England. Judicial Review Daniel has experience of advising public sector clients on judicial review challenges, both through the medium of the English and Welsh language. Commercial Disputes Daniel advises on a range of commercial disputes (both pre-action and in litigation), to include contractual disputes (including sale of goods and debt recovery), shareholder disputes, corporate transactions disputes and unfair prejudice petitions. Daniel is regularly instructed in relation to matters at the County Court and High Court, and has recently represented clients at the Court of Appeal. Daniel’s recent experience of commercial disputes include: a) Advising and representing an entrepreneur in relation to an alleged breach of contract claim relating to an asset swap agreement with a former business partner. This matter was heard at the Court of Appeal; b) Representing a Respondent to a multi-million-pound unfair prejudice petition concerning a property joint venture and three related disputes; c) Representing a charity in a claim for damages arising from a breach of an implied contract for the supply of services, which also included claims for quantum meruit remuneration; d) Representing the Welsh Government in a claim arising under the Highways Act 1980, which included complex considerations relating to limitation and causation. Public Inquiries Daniel is currently working on behalf of core participants in the Infected Blood Inquiry and the UK Covid-19 Inquiry. Daniel has provided advice to clients on witness statements, rule 9 requests, what documents should and should not be disclosed and has advised on issues of privilege. High Value / Complex Personal Injury Claims / Inquests At the start of his career, Daniel specialised in high value and complex injury claims, involving catastrophic and other serious orthopaedic injuries, to include spinal and amputee injury claims. Daniel also represented families following a bereavement, which included representation at inquests.

Daniela Smith

Daniela is a partner and commercial property solicitor with wide experience of all aspects of commercial property work for both the public and private sectors. Daniela’s work includes the acquisition, funding, development and letting of commercial, industrial and residential property, and property aspects of acquiring and disposing of companies. Daniela has been involved in many of the high value and high profile transactions undertaken by the firm. Daniela's significant experience includes: Acting for igloo Regeneration Partnership in the £250m regeneration of 40 acres of derelict land at Roath Basin in Cardiff Bay in achieving in 2007 a comprehensive development agreement with the Welsh Ministers and all statutory and planning agreements required to bring forward the development over the next 15 years; the first phase of this involves the 167,950 sq ft development of the Media Capital for BBC, which has now opened. A £43m sale of the investment to British Steel Pension Fund was exchanged in 2011. Acting for (Amber Infrastructure) Babcock and Brown (preferred developers of the Welsh Government in bringing forward the WISP (Welsh Investment Strategic Partnership) to deliver up to 1m square feet of new office space in regeneration centres across Wales over the next decade – beginning with schemes in Swansea, Newport and Cardiff) in handling in 2010 a sale to L&G at £23.4m of two completed developments in the WISP scheme. Acting for Welsh Government, Newport City Council and Newport Unlimited in the development and sale of a new £40m city centre campus for the University of Wales, Newport which opened in January 2011. Acting for the University of Glamorgan and the Royal Welsh College of Music & Drama in the £22m re-development of the College’s campus on North Road Cardiff and creation of a new concert hall and rehearsal studios scheduled to open in August 2011. Acting for two GP surgeries and a local LHB in acquiring a new, bespoke Medical Centre via a conditional contract with leases to be granted on practical completion, which contain provisions relating to the National Health Service (General Medical Services Premises Costs) (Wales) Directions 2004 issued pursuant to the National Health Service Act 1977 as substituted by the National Health Service (Wales) Act 2006.

Dawn Smith

Dawn is a Partner in our Built Environment division. She specialises in the acquisition, funding, development and letting of commercial, industrial and residential property. Dawn advises clients on a wide range of Real Estate matters, with a particular specialism in acting for clients on large scale development and regeneration projects, as well as portfolio management and investment sales. She is also highly experienced in all aspects of landlord and tenant matters and advising on energy and infrastructure projects. Dawn has a broad spectrum of public, private and third sector clients including Copart Inc, Bad Wolf Studios, the Welsh Government, the Royal Borough of Kingston Upon Thames, Cardiff and Vale College, Cardiff Metropolitan University and the Royal National Institute of Blind People.

Delme Griffiths

Delme is a Partner within our Regulatory Group, specialising in professional regulation. Delme’s practice also covers a range of commercial litigation and public law matters. Delme has acted for and against a large number of regulatory bodies. He has a particular expertise in the regulation of solicitors and the education, social care and healthcare sectors. He regularly presents cases before fitness to practise/professional misconduct panels and sits as legal advisor. Delme also has extensive experience in public law and judicial review. He has acted in numerous judicial review proceedings and regularly advises public sector bodies. He has provided training to public sector clients, including in relation to judicial review practice and procedure. Delme also advises on a wide range of commercial and corporate disputes including contractual disputes, insolvency matters and company/shareholder disputes, together with defamation and reputation management. He additionally has experience in acting for clients in the not-for-profit/charitable sector.

Emyr Lewis

Emyr covers public and constitutional law as well as heavyweight commercial transactions in the ICT and media sectors, public procurement and State Aid.Emyr has particular expertise in Welsh law and legislation, having advised public bodies and businesses about this emerging field since before the National Assembly was created.

Eve Piffaretti

Eve is Head of Office in Wales and heads our Public Law Group. She acts for public, private and third sector organisations across the UK advising on public law and regulatory issues. Eve specialises in statutory interpretation, freedom of information, equality & human rights, safeguarding, mental health and mental capacity law.

Gillian McCue

Gillian is a Legal Director specialising in pensions and benefits advising on all employer and trustee pension scheme responsibilities. Gillian advises trustees and employers on all pensions issues including, regulatory compliance, corporate transactions and investment responsibilities on both public service and private sector pension schemes. She also advises on incentive arrangements for key executives and staff.

Graham Miles

Graham is a Partner in the Professional Regulatory team based in the Cardiff Office. Graham specialises in regulatory law, predominantly in the area of fitness to practise. He also has considerable experience of advising regulatory bodies on issues of medical law, public law and human rights. He has experience of over 25 years acting for regulatory bodies in investigating and presenting fitness to cases involving nurses, midwives, pharmacists social care workers, solicitors and teachers. In the field of social care, on behalf of Social Care Wales (SCW), he presents cases involving social workers and other categories of social care workers before Interim Orders Panels and Fitness to Practise Panels. Graham also drafted SCW’s rules, including those relating to the conduct of investigations, interim orders, fitness to practise hearings and registration appeals. Graham also sits as Legal Adviser to Fitness to Practise Panels on behalf of the Teaching Regulation Agency in England and the Education Workforce Council (EWC) in Wales. He has advised both organisations in the drafting of procedural rules. On behalf of the EWC, he also drafted rule rules relating to registration and Indicative Sanctions Guidance. In the wider regulatory field, Graham has advised the Human Fertilisation and Embryology Authority (HFEA) since 1996. In that capacity he has continually provided advice on issues of medical and public law arising from the regulation of fertility treatment and research, including: acting as Legal Adviser to Statutory Approvals Committees relating to applications for testing of embryos for genetic and other conditions; defending judicial review challenges in a number of high profile cases, including successful defence in the Court of Appeal and House of Lords in R v Human Fertilisation and Embryology Authority, ex parte Josephine Quintavalle (on behalf of Comment of Reproductive Ethics) [2003] UKHL 13; drafting general and special directions for import and export of gametes and embryos and advising in relation to individual applications to ensure compliance with rights arising in EU law and under the Human Rights Act. advising in relation to numerous cases involving consent to storage or treatment issues and drafting statutory consent forms. Graham also advised the Human Tissue Authority in relation to a range of regulatory matters, including: drafting the HTA’s first guide to licensing; advising on the procedures for granting, varying and revoking licences; advising in relation to regulatory investigations. He also defends applications for Judicial Review on behalf of a professional regulatory bodies. Graham has acted for Social Care Wales (the regulatory body for social care workers in Wales, and its predecessor body since its establishment under the Care Standards Act 2000). He acts as Legal Adviser in fitness to practise cases on behalf of the Teaching Regulation Agency in England and on behalf of the Education Workforce Council in Wales. In the wider regulatory field, Graham has acted as an external legal adviser to the Human Fertilisation and Embryology Authority since 1996. He also continues to act as an external legal adviser to the Human Tissue Authority.

James Vaughan

James is a Legal Director in the Corporate team, based primarily in our Cardiff office. James specialises in a wide range of corporate transactions including mergers, acquisitions and disposals, management buy-outs, private equity and venture capital investments, corporate restructurings, joint venture agreements and general corporate advisory and governance matters. James acts for various banks, funders, investors and shareholders, owner-managed businesses, SMEs and large corporates in respect of a wide variety of transactions.

James Egan

James is a real estate partner with experience of large-scale development work, joint ventures, and general property transactions in the private, public and third sectors.James handles many of the firm’s high value, high profile real estate transactions leading multi-disciplinary teams of solicitors. He has significant expertise in the development of office blocks, health campuses and primary care resource centres and currently acts for developers, tenants and purchasers in the procurement, acquisition, funding, development and subsequent lease arrangements and sales of such developments. He also leads teams advising large clients such as the Welsh Government, NHS Wales, charities and social landlords on portfolio management.

James Williams

James is a partner in the Corporate team in South Wales with extensive corporate transactional experience.James specialises in mergers, acquisitions and disposals, management buy-outs and buy-ins, private equity and venture capital transactions. He regularly advises clients on an array of general company law matters, such as corporate governance and compliance issues, reorganisations, joint venture and shareholder issues, including agreements and disputes.

Joanna Corbett-Simmons

Joanna is a Senior Associate in the Litigation & Dispute Resolution team in Cardiff specialising in corporate and shareholder disputes, professional negligence and contentious intellectual property matters. Joanna has a broad range of experience in general commercial and civil claims and specialist knowledge of post-completion disputes (principally claims for breach of warranty, restrictive covenants and expert determinations of deferred consideration payments), shareholder disputes, professional negligence (principally against legal or financial advisors) and contentious intellectual property matters (including trademark and design right infringement).

Joanna Rees

Jo has worked closely with developers, government and public sector teams and contractors dealing with all aspects of construction projects from project tender through the build phase, managing risk issues and resolving disputes by ADR, adjudication, mediation or litigation when required.

Joanne Davies

Jo is a partner in the Employment, Pensions and Immigration group. She provides general employment advice from our Cardiff office.Jo’s work includes maternity rights, discrimination issues, sickness absence, non-performance, gross misconduct and new areas of employment law. She also specialises in advising on employment issues arising out of large scale procurements, outsourcing, commercial contracts, mergers, acquisitions and post-acquisition integration and is an expert on advising in relation to TUPE issues.

Joanne Thompson

Joanne is a Partner in the Litigation and Dispute Resolution Team based in Cardiff, specialising in procurement challenges, public inquiries, commercial and contractual disputes, post-completion and corporate disputes, professional negligence and partnership disputes.

Kate Howell

Kate is a Legal Director in the Construction team based in Cardiff. She advises clients in relation to a range of construction and engineering disputes, involving complex technical issues. Kate has considerable experience of litigation in the Technology and Construction Court, and also of resolving disputes through adjudication, mediation and negotiation. She has recently been involved in a series of matters relating to defects in cladding systems installed on tall buildings. She is familiar with standard forms of contract, including JCT and NEC3/4, and can advise on building contracts, professional appointments and related construction documents.

Lee Fisher

Lee is a partner in our Commercial Litigation team based in Cardiff and heads the firms Intellectual Property practice in Wales. Lee has gained a wide range of experience in commercial disputes and in particular those involving a high degree of complexity or requiring urgent pre-emptive relief. He has significant experience of contractual claims, shareholder disputes, post-completion disputes and professional negligence claims.

Lisa Davies

Lisa is respected by her colleagues, other professionals and clients alike for her professional and exacting approach, as well as for the breadth of her technical knowledge and ability to find elegant and effective solutions to clients’ problems. Lisa specialises in the full range of Private Client services, including the administration of estates, advising on inheritance tax, Will planning, trusts and Lasting Powers of Attorney. She is a fully accredited member of Solicitors for the Elderly.

Louise Howells

Louise is an experienced commercial property lawyer based in our Cardiff office acting for many of the firm’s commercial clients. Louise’s work includes acting for Housing Associations in the acquisition, disposal and refinancing of properties where she has evolved a strong reputation as a trusted advisor. Louise has developed an expertise in acting for tenants in the management of a portfolio of retail properties as well as in dealings with public houses. She acts regularly for an acquisitive PLC in the purchase of companies with key property components and represents companies in the health care sector involved in the acquisition and development of portfolios of new medical centres for GP’s. Louise has provided advice and assistance to developers bringing forward large sites for development and is expert in the many dimensions of commercial property transactions and land based legal issues.

Matthew Smith

Matthew heads our national Education Sector practice. Matthew also provides employment advice to key clients in the Education, Health & Social Care, Retail & Leisure and Financial Services Sectors. Matthew is a supervisor of Employment Tribunal work amongst other matters.

Natalie Lawley

Natalie is a Legal Director in our Cardiff office. Natalie has experience in dealing with a wide range of property transactions with emphasis on landlord and tenant matters (including retail and office letting), investment portfolio acquisitions and disposals, secured lending and general property management issues. Natalie has experience acting for a variety of different private and public sector clients including national charities, partnerships, health boards, housing associations, listed companies and Further Education and Higher Education clients in respect of their national portfolio and operational properties. Natalie has worked with a number of high street lenders in taking security over various types of commercial property. Natalie also acts on behalf of a large Port Authority on a range of property matters in relation to the land and buildings within the estate. Natalie also has experience of acting for In-House Lawyers including BP Chemicals, Canary Wharf Group PLC, Welsh Government and Natural Resources Wales. Significant experience: Health & Social Care Acting on behalf of a NHS Trust on the £5.75 million acquisition and development of the site of a new Cancer Treatment Centre in Cardiff. Acting on behalf of Welsh Health Estates in providing a leasehold framework for the supply of renal services in Wales. Acting on behalf of a number of local health boards, NHS Trusts and Welsh Health Estates in their capacity as both Landlord and Tenant in the granting and taking of leases of commercial premises and in their capacity as both Seller and Buyer on the disposal of a number of hospitals and clinics, the negotiation of freehold acquisitions of development sites. Education Acting on behalf of University of Wales in the granting of a sublease to HPC Wales in connection with the prestigious and high profile Super Computer Facility. Acting on the disposal of former college premises for Gower College, Swansea, Coleg Ceredigion. Acting on behalf of Cardiff University and also University of South Wales (formerly University of Glamorgan) in the acquisition of premises. Conducted a full title review of Cardiff and Vale’s property portfolio. Negotiated leases of educational sites on behalf of Neath Port Talbot College, Bridgend College and Cardiff and Vale College. Retail Acting for Canary Wharf Group PLC in relation to all landlord and tenant matters in connection with the Canary Wharf estate for retail, restaurants and leisure transactions. Acting for Eagle One (Village Shopping) Limited in connection with the grant of leases to retail tenants at a Retail Outlet Development. Acting for retailer Crabtree and Evelyn on new leases of retail premises. Social Housing Acting for a social housing provider on the refinancing of 40 titles/schemes and 534 properties with a market value of over £43 million. Advising on the terms of a portfolio of occupancy agreements and leases and reporting on behalf of a housing association on all property and title matters in connection with a £20 million loan facility. Acting for a housing association in refinancing its substantial property portfolio in respect of a £10 million secured lending facility secured by means of a fixed legal charge. Welsh Government Acting on behalf of the Welsh Government and its various subdivisions such as Natural Resources Wales on a wide range of public sector property transactions including landlord and tenant matters and disposals and acquisitions of commercial property and land interests. Legal advisor to the Welsh Government on transport matters dealing with the transfers of land for road widening subject to compulsory purchase schemes.

Nigel Griffiths

Nigel is an experienced real estate partner, covering the full range of commercial property work, and having handled the Canary Wharf retail portfolio for the last 25 years has gained a particular specialism and interest in retail leasing and development work.

Paul Caldicott

Paul is a specialist corporate restructuring and insolvency solicitor in our Business Support & Insolvency team, dealing with non-contentious advisory work and all forms of litigation recovery work on behalf of Banks, Asset Based Lenders and Insolvency Practitioners.

Paul Duggan

Paul is a Partner in the Banking & Finance team and acts on a variety of finance transactions involving debt finance. Paul has acted on a wide range of debt finance transactions. He focuses on secured lending and real estate finance. Paul assists clients including banks and lending institutions, corporate borrowers and lenders and not for profits including housing associations.

Paula Kathrens

Paula is a partner in the Employment law team, advising key clients in both the public and private sectors including Welsh Government, further and higher education, health and social care, housing and the financial services sectors on all aspects of contentious and non-contentious employment law. Paula is a supervisor of Employment Tribunal work amongst other matters.

Penri Desscan

Penri is a commercial lawyer specialising in utilities and public procurement law, projects and all aspects of general commercial law with an emphasis on long term, complex, high value services and supplies contracts. Penri has an extensive procurement practice and has advised on numerous open, restricted, competitive dialogue and bespoke hybrid award procedures (subject to Treaty principles). Social Housing Currently advising Pennaf Housing Group on the procurement of a 4 year multi contractor framework value up to £75m to deliver residential housing, nursing and/or residential homes, extra care homes, health/community centre projects, commercial enterprises with community groups together with associated infrastructure. Advising the Syniad Consortium of housing associations (Wales and West / Pennaf / Linc) on the procurement of a large scale multi supplier framework agreement for the delivery of capital projects and major refurbishment throughout Wales’s value circa £350m. Advising Wales and West Housing Association and the Pennaf Group on the procurement of a long term repair and maintenance agreements across a number of disciplines for planned and reactive maintenance of their housing stock across Wales – value circa £200m. Education Lead procurement adviser to HPC Wales, a collaboration of 6 Welsh Universities, on its procurement, using the competitive dialogue procedure, of a £50m world-class high performance computing infrastructure to deliver research and innovation outputs that have economic impact and dealing with a threat of challenge from IBM. Advising Cardiff and Vale College on all aspects of its circa £40m City Centre Campus development project (new build) procured under the competitive dialogue regime. Health & Social Care Advising Abertawe Bro Morgannwg University Local Health Board on the procurement, using Competitive Dialogue, of uniforms for all nurses, midwives and associated healthcare staff in all NHS institutions in Wales – in total covering circa thirty thousand staff x five shifts (equating to 150,000 uniforms). This politically-important project – which was promoted by the Health Minister and funded by the Welsh Government – was completed within a tight timescale (6 months from OJEU to contract award) and to budget and achieved significant cost savings to NHS Wales. Regional and Local Government Currently lead adviser to the Welsh Government on its £400m Public Sector Broadband Aggregation project which aims to deliver a secure, high quality network to circa 3000 sites over 109 public sector organisations. Lead procurement adviser to the Welsh Government on its competitive dialogue procedure for its £500M+ Next Generation Broadband Wales, (to date) the largest broadband roll-out projects in Europe and top 5 globally. Lead procurement adviser to the Welsh Government on all aspects of its Welsh Public Sector Performance Management IT Solution value up to £10m. Six month secondment to the Economic Development Team within the Office of the Counsel General at the National Assembly (Sept 04 – March 05). Providing legal input into policy development and advising client divisions on legal issues as they arise. First point of contact with the Broadband Wales Unit, advising on vires, procurement, state aid and contract issues on a number of broadband infrastructure projects valued in excess of £100 million and in particular on all aspects of the Regional Innovative Broadband Support (RIBS) project from State Aid notification through to contract signature. Energy Advising British Energy on Utilities procurement issues relating to their long term facilities management agreement valued at circa £140 million. Advising Welsh Power (formerly Severn Power) on the procurement aspects for the design build and operation of a circa £300 million 800 MW CUT power station including structuring of the procurement strategy from embryonic stage to contract close and drafting the entire suite of procurement/tender documentation. Advising Wales and West Utilities on Utilities on the procurement of a replacement commercial fleet (500+ vehicles) value circa £18m.

Rebecca McCarthy

Solicitor

Richard Jones

Richard is a partner in the corporate and commercial teams based primarily in our Cardiff office and is a member of our Business Support & Insolvency Team. Richard deals with a broad range of corporate matters, including acquisitions, disposals, investments, shareholder and joint venture agreements and restructuring together with general corporate matters for a wide variety of clients including listed companies, venture-capital backed management teams, PLC’s, SME’s and owner-managed businesses. He is experienced in advising insolvency practitioners – typically administrators – in connection with their appointment and the eventual sale of insolvent businesses.

Robin Havard

Robin specialises in regulatory and professional conduct work, acting for public and private companies and their directors, public sector organisations, and regulatory bodies.

Ron Burgess

Ron is Head of Employment, Pensions and Immigration group. He provides advice to trustees, corporate clients, insolvency practitioners and other stakeholders in the pensions industry on a wide range of matters that involve pension schemes. Ron has wide ranging experience in providing pension-related advice on the implications of corporate restructurings, financing and re-financing, general corporate activities and conduct, insolvencies, mergers, benefit changes, pension scheme redesigns and mergers, pension scheme amendments, closures and winding-up and advice in respect of the Pensions Regulator and Pension Protection Fund.

Sarah Whittle

Sarah is a Legal Director in the Cardiff Litigation and Dispute Resolution Team with extensive experience of advising public sector and private clients on a wide range of commercial and public law disputes, in particular judicial reviews, public procurement disputes and disputes concerning intellectual property rights. Sarah’s practice areas cover a wide range of commercial and contractual disputes including those relating to procurements challenges, breaches of contract and intellectual property issues. Sarah has vast experience of advising public sector clients in relation the defence of challenges to their decisions by way of judicial review. Sarah also has experience in dealing with public inquiries work and Court of Protection work. Sarah has represented a wide range of clients in her practice. Having spent nine months on secondment to the Department of Health and further time on secondment to a private finance company advising on their litigation policy, Sarah is ideally placed to advise both public and private sector clients on a wide range of commercial disputes. She receives repeat instructions from NHS England, local authorities, local health boards and the Welsh Ministers alongside private companies, such as large cosmetics brands, motor franchises, Universities, finance institutions and industrial companies. Public sector work and Judicial review Advising all seven Health Boards in Wales in relation to a judicial review claim challenging their application of legislation concerning the funding of nursing care in private care homes. This claim was appealed to the Supreme Court, who gave their own view on the interpretation of the legislation and Sarah continued to assist the Health Boards in the implementation of the judgment. Representing NHS England in relation to various judicial review applications made against it challenging the application of their policies. Representing NHS England in relation to a challenge brought to the methodology used for the re-procurement of orthodontic services across England. Advising a Primary Care Trust in relation to judicial review proceedings and injunctive relief concerning the outsourcing of services and advising as to the best way to manage the various stakeholders’ interests. This included ongoing advice as to the subsequent procurement of services. Representing the Adjudication Panel for Wales in judicial review proceedings brought against the Panel for the review of a decision made by a Case Tribunal, an unprecedented challenge in Wales. Representing NHSE england in relation to a challenge brought against a refusal to fund drugs pursuant to an Individual Funding Request. Representing an Ombudsman in relation to judicial review proceedings brought against it seeking reviews from the Ombudsman of decisions taken by third parties. This required an extensive understanding of the statutory limitations of the Ombudsman scheme and ensuring that the judicial review system was not misused by Claimants seeking to appeal third parties’ decisions via judicial review proceedings against a public body. Representing the Trust Special Administrators of Mid Staffordshire NHS Foundation Trust in relation to a judicial review challenge made to the acceptance of their recommendations to the Secretary of State for Health to dissolve Staffordshire NHS Foundation Trust. Representing a University Health Board in respect of judicial review proceedings issued to challenge its decision to close inpatient beds due to safety concerns and successfully defending these proceedings. Public Procurement Representing NHS England in relation to several challenges brought to the re-procurement of orthodontic services across England and resolving the majority at a pre action stage. Defending the fully litigated cases arising out of the orthodontic procurement, such as Accessible Orthodontics v NHS Commissioning Board [2020] EWHC 785 (TCC) and Braceurself Ltd v NHS England [2020] P.T.S.R. 1611, [2022] EWNC 1532 (TCC) and [2022] EWHC 2348 (TCC). The case of Braceurself Ltd v NHS England involved complex areas of procurement law, the Public Contracts Regulations 2015 (as amended) and general EU Treaty principles and dealing with arguments previously untested in the courts. We were ultimately successful in arguing that no damages were due to the Claimant in the proceedings and that the Claimant’s claim for damages should be dismissed. Advising a multinational diagnostic services company in several procurement challenges brought by it, including issuing proceedings and resolving the challenges through settlement. Advising Welsh Government on procurement issues arising out of procurement exercises run by it. Regularly advising on complex legal issues arising in procurement litigation including confidentiality of third party documents, confidentiality rings and split trials. Advising an incumbent supplier of services at a treatment centre on and during a simultaneous procurement challenge to and judicial review of a contracting authority’s published ITT documentation during a procurement process. Advising a global diagnostics provider on procurement policy and issues. Advising on rights and protection of confidential information in relation to procurement challenges issued by unsuccessful bidders Advising contracting authorities on a number of challenges including issues of unequal treatment, discrimination and a lack of transparency. Advising contracting authorities and economic operators on the effect of the automatic suspension and the merits of opposing/making an application for it to be lifted. Advising clients on a variety of contractual and procurement issues arising from frameworks, procured contracts or call-offs. Intellectual Property Representing a major cosmetics company in relation to a claim under the Comparative Advertising Directive Representing the Eisteddfod Genedlathol Frenhi concerning a dispute arising over copyright licences for their performances. Advising the UK market leader in the manufacture and distribution of industrial, commercial, and residential ventilation concerning patent infringement Advising a UK start up design company regarding patent and design protection and exploitation. Representing the Welsh Government concerning their intellectual property in a former brand used by one of their divisions and representing Welsh Government in the proceedings in the Company Names Tribunal. Representing a University’s product development arm regarding issues and disputes arising over the intellectual property in products they assisted to third parties to design and develop. General litigation Advising a client within the motor industry as regarding the ownership of vehicles sold to a company involved in fraudulent activities with finance companies and successfully representing their case in the Court of Appeal Seconded to a private finance company to develop their in house litigation procedure and manage their in house litigation team. Advising an NHS trust on a claim brought against them by a consultant for outstanding payment and successfully defending the claim that the consultant was entitled to an hourly rate, which included advising on issues arising out of requests made for information under the Freedom of information Act. Advising an NHS trust as to the recovery of monies fraudulently obtained by a member of staff who had submitted false claims for payment Advising on a high value, multi party contractual dispute concerning liability for negligence and nuisance

Siân Jones

Siân is a partner in our dispute resolution team and a specialist in property litigation and residential landlord and tenant disputes with a wealth of experience in the Social Housing sector.

Simon McCann

Simon specialises in public and utilities procurement and major projects including construction, development, IT, energy saving partnerships, joint ventures and other vehicles.

Sophia Farmer

Sophia advises on both contentious and non-contentious insolvency matters focusing on maximising realisation. She specialises in litigation recovery work on behalf of Bank’s, Insolvency Practitioners and individuals and offers a tailored solution to achieve an early recovery of debts and the swift resolution of disputes. Sophia has a growing practice of personal insolvencies, acting on behalf of Trustees in Bankruptcy to realise assets, defend challenges to Trustees’ remuneration, obtain Possession and Sale Orders and Income Payment Orders, and advise on antecedent transactions. Sophia works with a number of local authorities’ to assist with the collection of debts either by using a fully funded bankruptcy service to recovery council tax arrears, national non-domestic rates and over-paid benefits or by placing charging orders over the property. Sophia is regularly instructed by individuals in respect of annulments, and defends applications in insolvency proceedings for the recovery of assets and transactions to defraud creditors. Sophia assists with all aspects of corporate insolvencies and has been instructed to appoint administrators by qualifying floating charge holders, disclaim leases on behalf of a liquidator, recover unpaid rent, pursue unpaid director loans, transactions at an undervalue and challenge preference payments. Sophia regularly carries out Security Reviews on behalf of HSBC bank and has been successful in making applications to the Court for a declaration to perfect security and rectify the companies charges register. Personal Insolvency and Litigation Instructed by Joint Trustees in Bankruptcy to recover UK property that vests in the bankruptcy estate but is registered to a dissolved Company in Belize, also providing advice in the respect of Proceeds of Crime Act 2002 proceedings (ongoing) Successfully defended an application to challenge the Trustees remuneration and obtain a Possession and Sale Application in respect of outstanding bankruptcy estate costs (2016) Currently acting on behalf of an individual to defend an application pursuant to section 423 of the Insolvency Act 1986 (transaction to defraud creditors) in respect of an alleged “sham” legal charge. The matter is listed for a four day hearing in early 2018. (ongoing) Instructed to advise Joint Trustees in Bankruptcy in respect of a bankrupt with mental capacity issues and the appointment of a deputy via the Court of Protection (2016) Corporate Insolvency Assisting Liquidators with the investigations into the transfer of properties and issued an application pursuant to section 236 of the Insolvency Act to question the directors and to obtain company documents (2017) Pursuing a director for an unpaid director loan account for the sum of £330,000 and a preferential transaction claim pursuant to section 239 of the Insolvency Act 1986 (ongoing) Assisting Joint Liquidators recovery property transferred at an undervalue by the company directors and pursue misfeasance claims against the directors (ongoing) Assisting with the appointment of Administrators by number of companies, including a famous Swansea call centre and (2015) Securing and recovering a historical debt arising from a loan agreement between individuals and two companies in the sum of £1.4 million (2015) Sophia is currently assisting in an unfair prejudice petition on behalf of a minority shareholder relating to hotel projects located in central London with a minimum value of £25-30 million (ongoing). Public Sector Instructed to recover historical unpaid National Non-Domestic Rates from a company registered in Panama (ongoing).

Tanya Barrett

Tanya is a Senior Associate in the firm’s Property Litigation Team. She has experience dealing with a range of property litigation disputes acting for both Landlords and Tenants including bringing and defending possession claims, rent and service charge arrears recovery and civil injunction proceedings. Tanya acts for landlords in complex residential possession and antisocial behaviour cases involving discrimination, Equality Act and Mental Capacity challenges. She also acts for commercial landlords and tenants in all aspects of landlord and tenant portfolio management including lease renewals, dilapidations and covenant enforcement. Tanya's clients include social housing providers in Wales and England, charities, local authorities and the Welsh Government, and commercial business.

Tina Whitman

Tina specialises in working with the public sector, primarily undertaking defendant personal injury work on behalf of the NHS and national and local government. Tina’s case load includes RTA, employer’s liability, public liability and disease claims at all levels of severity. She also provides advice to NHS bodies and other public bodies on a range of issues, including Judicial Review, Inquests, the NHS Performers List Wales Regulations 2004, continuing health care, funded nursing care and the NHS Pharmaceutical Regulations. Tina is a key member of Blake Morgan’s Public Sector and Personal Injury training forums, regularly delivering training on all aspects of personal injury law and risk and claims management.

Tom Walker

Tom specialises in criminal, regulatory and professional disciplinary law. Tom provides specialist advice to a range of different clients, including individual employees, Directors and organisations in both the public and private sectors.

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