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Burges Salmon LLP

Living Wage
ONE GLASS WHARF, BRISTOL, BS2 0ZX, ENGLAND
Tel:
Work 0117 939 2000
Fax:
Fax 0117 902 4400
DX:
7829 BRISTOL
Email:
Web:
www.burges-salmon.com
Bristol, London

Kevin Kennedy

Tel:
Work 0117 307 6934
Email:
Burges Salmon LLP

Work Department

Dispute resolution – food, farming and land and contentious trust and probate sectors.

Position

A Partner and a member of the firm's food and farming group. Advises on predominantly contentious matters throughout the sector, including for institutional and private landowners, active farmers and commercial operators. Co-head of the firm's contentious trusts and probate practice. Advises both trustees and beneficiaries in respect of issues arising from trust and contentious probate disputes.

Career

Trained at Burges Salmon, qualified 1998, solicitor 1998-2005; partner Clarke Willmott 2005-11; partner Burges Salmon 2011 onwards.

Member

Agricultural Law Association; Property Litigation Association; Association of Contentious Trust and Probate Specialists.

Education

Attended Southend High School for Boys; Nottingham University (Politics); Nottingham Law School.

Leisure

Sports and music.


London: Corporate and commercial

Partnership

Within: Partnership

Burges Salmon LLP is noted for its 'pre-eminence in agricultural partnership matters' and for its expertise in partnership disputes. The 'strategic' and 'unflappable' Sian Edmunds has significant experience in agricultural disputes, as does Kevin Kennedy. On the corporate side, highlights for Chris Godfrey included advising the University of Oxford and Oxford University Hospitals NHS Foundation on its complex joint venture with the Mayo Clinic that used a transatlantic partnership structure.

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London: Private client

Agriculture and estates

Within: Agriculture and estates

Burges Salmon LLP  ‘has a long tradition of working in this area', and acts for a wide range of clients, from institutions to private individuals. Tom Hewitt leads the food and farming team and Alastair Morrison is particularly skilled on the transactional side. Hewitt has ‘many years of experience of dealing with complex sales and purchases in a very efficient way’. Jim Aveline  advises a number of farms and landed estates on tax, estates and succession issues. Sian Edmunds acts for various agribusinesses and Kevin Kennedy has a particular focus on agricultural tenancy advice, real property disputes, trust-related disputes as well as contract and tort claims. Emma Folkes leads on a diverse range of transactions involving rural land for institutional investors, registered charities and high-net-worth individuals. The ‘very impressive’ group acts for major clients such as the National Trust, the Crown Estate, the John Lewis Partnership as well as the Defence Infrastructure Organisation.

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Contentious trusts and probate

Within: Contentious trusts and probate

Burges Salmon LLP's ‘proactive and responsive’ Kevin Kennedy  ‘cuts through the legal issues, fights his clients’ cases aggressively but appropriately. His client care is impeccable’. Justin Briggs, who specialises in complex commercial and private onshore and offshore trusts litigation, ‘has his eye constantly on what is best for the client’. Senior associate Rachel Pinn  ‘always provides first-class advice’ and the ‘very responsive’ Caroline Emslie  (an associate) ‘sets out the legal arguments with clarity’. The team is acting in various matters involving high-value trusts or estates, often with significant multi-jurisdictional issues.

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South West: Private client

Agriculture and estates

Within: Agriculture and estates

Burges Salmon LLP is ‘excellent, with extensive and wide-ranging experience in this area'. Recent highlights include two major transactions in the national land market - sales from The Crown Estate at Dunster (comprising some 9,900 acres) and Gopsall.  Sian Edmunds is a ‘first-rate lawyer and litigator’, who is ‘very client focused, hugely experienced and tenacious’. Edmunds specialises in food regulation, but also handles farming and agribusiness contractual disputes, partnership disputes and agricultural tenancy issues; she acts for John Lewis Partnership/Waitrose, The Crown Estate, Gea Farm Technologies, Ornua Foods and Humphreys Feed. Kevin Kennedy has a national reputation for agricultural and private client advice and litigation, with a particular focus on tenancy advice, real property disputes, trust-related disputes and contract and tort claims; his clients include The Crown Estate, The National Trust, and Peel Group. Jim Aveline is a ‘brilliant private client and trust specialist’, and recently advised on a £30m succession plan for a 3,000-cow Dorset dairy farm. The ‘enormously bright’ associate Maddie Dunn is ‘one to watch’. New clients include Worcestershire County Council and the Environment Agency. Tom Hewitt heads up the food and farming as well as estates teams. With her ‘wealth of experience and technical knowledge’, Emma Folkes was made partner in May 2017; she specialises in non-contentious rural property, advising The Crown Estate's Rural Portfolio (for which the firm is sole legal advisor), the National Trust, and The Woodland Trust.

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Contentious trusts and probate

Within: Leading individuals

Kevin Kennedy - Burges Salmon LLP

Within: Contentious trusts and probate

The ‘excellent’ Burges Salmon LLP has ‘a longstanding and deserved reputation in property, contentious probate, trusts and associated work’Kevin Kennedy and Justin Briggs head up the practice, which often works across jurisdictions and on trusts or estates worth well over £100m. Kennedy is ‘excellent in agricultural and property cases and in trust and contentious probate work’, and Briggs specialises in offshore trust litigation, advising representative beneficiaries and on applications to rectify trust documentation. Sian Edmunds deals with contentious trusts matters, often relating to her contentious agricultural practice. Senior associate Katherine King  specialises in trusts disputes relating to both commercial and private wealth trusts. Associate Caroline Emslie provides ‘excellent trial preparation and client care’.

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Legal Developments by:
Burges Salmon LLP

  • Restoring environmental damage: putting a price on ecosystem services

    On 7 August 2009 a 40-inch pipeline ruptured, spilling 5,400 cubic metres of crude oil into the soil and groundwater of La Crau nature reserve in southern France, a habitat protected under French and European law. The operator had to excavate and replace 60,000 tons of soil, install 70 wells to pump and treat groundwater and 25 pumps to skim oil from surface water, at a cost in the region of €50m. However, this was just the primary remediation (that is, restoring the site to the state it would have been if the damage had not occurred). The operator was also required to compensate for the damage to the habitats and the loss of the ecosystem services that would otherwise have been provided by La Crau nature reserve. Measures included purchasing land outside of the nature reserve and contributing to its management for a period of 30 years (over €1m), monitoring the water table for 20 years (over €500,000), monitoring fauna over three years (€150,000) and rehabilitation in accordance with best available ecological techniques (nearly €2m). Overall, the compensatory restoration (to compensate for the amount of time that the ecosystem was impacted) and complimentary restoration (to compensate for elements of the ecosystem that had been permanently lost) came to more than €6.5m. 

    - Burges Salmon LLP

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