The key services

Employment solutions: Staff and staff related issues can have an enormous impact on the viability and reputation of a care provider. Withy King has a team of employment lawyers experienced in the care sector who can provide you with critical advice on areas such as CRB checks and POVA issues. Should the need arise, we have an expert team of lawyers who can represent you at employment tribunals. We can assist you in preparing contracts, service occupancy agreements, employee handbooks and policies.

Resident contracts: Well-managed care establishments need to ensure they have legally binding resident contracts. These contracts may be with the residents themselves, with relatives or with other third parties such as local authorities. Withy King has created a series of relevant contracts for your use, or we can draft a bespoke agreement should the need arise.

Property and secured finance: Property is often the most valuable asset of a care business and our experience allows us to provide our clients with pragmatic commercial advice and guidance on all property related issues. This includes acquisition and disposal, management, development, litigation, environmental issues and secured finance. As recognition of our experience in this area we have been appointed to the solicitor panels for a number of major banks heavily involved in the healthcare sector.

Construction and development issues: It is essential to provide modern, high quality accommodation to residents. This often requires re-development of sites or extensions to existing facilities. Withy King has a highly regarded construction and engineering team which can deal with all construction procurement issues including professional appointments, building contracts and warranties. Should the need arise, we have a team of specialist solicitors to deal with any construction or development disputes.

Corporate and partnership matters: Buying, selling or developing a care home, children’s nursery or retirement village can involve complex commercial and property issues. Withy King has a team of specialist commercial lawyers experienced in buying, selling, re-organising or re-financing a care business. We have the expertise to advise care operators on all of their needs concerning company law, share purchases and sales, reorganisations, intellectual property (including Data Protection Act issues) and partnership matters.

Debt recovery, disputes and mediation: Unfortunately most businesses find themselves involved in some form of dispute or debt recovery at some time. At such critical times, you need an experienced team of solicitors and mediators to ensure your business and its assets are protected and that the most favourable outcome is achieved in the most cost effective manner.

>Recent transactions and what our clients say about us

Ferfoot Nursing Home (Chippenham): Withy King advised Major and Mrs Dick Barton on all aspects of the share sale of Ferfoot Nursing Home.
Major Dick Barton said: “Normally, you sell your business only once. Unless you have the experience of the complicated intricacies and legalities of business sales it is essential to be able to put your trust in the hands of a reputable, experienced third party. Withy King were that third party for us and we at no time had any regrets in making that decision.”

Miranda House Nursing Home (Wootton Bassett): Miranda House Nursing Home, which offers care for people suffering from alzheimers and dementia, was sold by owner-managers Peter and Clare Saunders.
Mr Saunders said: “We are delighted to have secured excellent buyers for the home, thanks to the support of the specialist care sector team at Withy King Solicitors. They handled all aspects of the business and property sale, and were instrumental in ensuring the deal was completed quickly and smoothly.”

>The Care Sector Team

Paul Daniels: Paul heads the Withy King Care Sector Team and deals with the acquisition, disposal and re-finance of care homes, nursing homes, children's nurseries and retirement village developments. Paul also has wide experience of property transactions; including corporate support; landlord and tenant work; property development for commercial and residential use and secured lending/re-finance acting for banks.
Contact paul.daniels@withyking.co.uk

Caroline Preist: Caroline specialises in disputes involving property, both leasehold and freehold. Her recent care sector experience includes advising on a rescue package reducing the rent payable under a turnover rent scheme to flat rate, drafting residents contracts in straightforward and understandable language to allow rent recovery and repossession and advising on the tactics to be taken whereby a resident was behaving in an unacceptable manner. She successfully utilises a wide range of dispute resolution tactics including litigation, mediation, negotiation, the Lands Tribunal and the Land Registry Adjudication scheme.
Contact caroline.preist@withyking.co.uk

Katharine Mortimer: Katharine has extensive experience in share sales and acquisitions, management buyouts and company reorganisations, including employee share ownership plans and company share ownership plans. As a member of the Withy King Care Sector Team, Katharine specialises in the corporate finance aspects of care home transactions, including funding acquisitions and sales.
Contact katharine.mortimer@withyking.co.uk

Nick Roberts: Nick has wide experience of construction law, gained both in private practice and working in-house in the legal department of the Norwich Union and, at a later stage, on secondment to Carillion Construction. Nick has acted for a variety of clients including developers, contractors, public authorities and banks. He has experience in drafting and negotiating construction contracts and ancillary documents, such as appointments, bonds, guarantees and warranties in many different types of developments, including several in the care home sector.
Contact nick.roberts@withyking.co.uk

Richard White: Richard advises on all aspects of contentious and non-contentious employment issues. This includes advising employers on multiple redundancies and business re-organisations and also acting for senior employees, advising them on their contractual terms and severance agreements. Richard regularly appears in Employment Tribunals, acting mainly on behalf of employers in unfair and wrongful dismissal, breach of contract and wages claims.
Contact richard.white@withyking.co.uk