Nelsons Solicitors Limited (Part of Lawfront)

A highly experienced team of four corporate lawyers are joining leading law firm Nelsons. Gavin White and Rachel Bennett, both partners, have joined Nelsons alongside legal director Peter Abel and senior associate Hannah Jones, all relocating from Knights. With more than two decades’ experience Gavin has advised on all aspects of corporate finance work including high value mergers and acquisitions, management buyouts, joint ventures, corporate restructuring, venture capital investments, banking and finance and insolvency related transactions. Gavin started his career at the independent Nottingham firm Eking Manning, where he stayed until their merger with Geldards. He then spent six years with Gateley, progressing to senior associate. In 2006, Gavin moved to Flint Bishop where he became partner, and continued this role at Fraser Brown from 2009, where he built a strong team and then helped lead the Knights acquisition in 2020. Gavin said: “Throughout my career I have always had strong ties to Nottingham and the East Midlands, so moving to Nelsons will allow me to continue serving and building that client base. I have been fortunate to work with some brilliant and exciting SMEs as well as much larger PLC firms – I feel my strength is being able to cater for what clients need at all levels and I am looking forward to continuing to support businesses across the region. “I have been well aware of Nelsons, and the work Stewart has been doing to build the firm with the support of the unique Lawfront model, which is certainly ahead of the curve. The firm is on a great trajectory while maintaining a commitment to the East Midlands market, which is really refreshing. I could see this was a natural fit for me particularly with the impressive work ethic and business culture. “Being able to move with Rachel, Peter and Hannah is special as we are a very close-knit team. We are hugely supportive of each other and making this move is really testament to that relationship. I am looking forward to integrating what we have built with our respective offices.” Rachel has also had an impressive career in corporate law, with 20 years’ experience supporting clients across the East Midlands and nationally with large and complex transactions. Her expertise is broad and includes mergers and acquisitions, disposals, private equity investments and group reorganisations, dealing with different sized businesses across a range of sectors. Rachel spent nearly eight years with Geldards in Derby with particular experience in motor retail and healthcare, before then moving to Gateley where she was based in Leicester for four years. In 2016, she joined the team at Flint Bishop in Derby as a partner, building her client base and supporting high value transactions, eventually making the move to Knights in 2022. Rachel said: “Over the past two decades I have built my career around the East Midlands, so I am pleased to be continuing that work with Nelsons in the Derby office, and the wider East Midlands practice. It felt like the perfect opportunity to be able to move alongside Gavin and the team, and particularly with the exciting 18 months that Nelsons has had. I am looking forward to supporting Derby’s corporate team presence and seeing what the future holds.” Peter and Hannah also bring around 10 years’ legal experience each, both having worked at Fraser Brown and joining Knights as part of the acquisition in 2020. Gavin added: “Peter and Hannah are both very talented and respected lawyers, having worked on many significant transactions across a range of different sized businesses and developed their own strong links with both clients and intermediaries in the East Midlands market. As part of looking ahead to our future generations, this marks an important and exciting step for their career progression that we are proud to be part of.” The corporate quartet is the third team to join Nelsons in 2024. At the start of the year, specialist personal injury partners Emma Zukowska and Julie Hardy made the move from Barratts, and this spring Nelsons also welcomed the expert insolvency trio of Adrian Slater, Hayley Brown and Abbie Fotheringham, also from Knights. Stewart Vandermark chief executive at Nelsons, said: “It is great to be welcoming such a talented group of solicitors, to help strengthen our existing corporate team. I have known Gavin for many years and both he and his team are an excellent fit, with a really strong reputation. Rachel has built a great presence in the Derby market with well-established links and she has become an integral team member at Knights where the four have been working closely together. With Rik Pancholi joining us last year in Leicester when we acquired Pattersons Commercial Law, our corporate department across all three offices is now going from strength to strength. “Our unique culture and clear vision, as well as the new opportunities opened by being part of Lawfront, have played an important part in the increased interest from professionals at the top of their field which we have benefited from this year.  This additional strength in depth across a number of specialisms has enhanced our offering and ensures we are continuing to offer our clients the best possible service.” To find out more or to speak to one of Nelsons’ corporate solicitors, please visit here.   For more information on Nelsons, please visit www.nelsonslaw.co.uk.  

When planning your estate, one effective strategy to reduce your potential Inheritance Tax (IHT) liability is making gifts out of income. This approach can be particularly beneficial for clients looking to pass on wealth without impacting their standard of living. What are classed as gifts out of income? Gifts out of income refer to regular, habitual gifts made from your surplus income rather than your capital. For these gifts to be exempt from IHT, they must meet specific criteria set out by HM Revenue and Customs (HMRC): Regularity: The gifts must form part of your normal expenditure, be habitual and consistent over time. Source of funds: The gifts must be made from your income, not from your capital or savings. Standard of living: Making the gifts should not affect your usual standard of living. What are the benefits of making gifts out of income? Immediate IHT exemption: unlike other gifts that may be subject to the seven year rule, gifts out of income are immediately exempt from IHT provided they meet the necessary criteria. Efficient use of surplus income: This strategy allows you to make effective use of surplus income, potentially reducing the size of your taxable estate and ultimately the amount of IHT your family will have to pay. Flexibility: You can make these gifts to any individual or organisation, including family members, friends, or charities. Key points: Documentation: You will need to keep detailed records of your income, expenditure, and the gifts made. Details of the recipient, date of gift, amount of gift, and purpose of the gift are essential. This information will be required by your Executors after your death to prove to HMRC the gifts are eligible for IHT Exemption. Regular review: Regularly review your financial situation to ensure that the gifts remain affordable and do not impact your standard of living. Remember the gifts have to be made from surplus income. Seek professional advice: Consult with a suitably qualified professional to ensure that your gifting strategy aligns with your overall estate planning goals and complies with HMRC requirements. Examples of gifts: Monthly allowances: to provide a monthly allowance to a child or grandchild. Annual subscriptions: to pay for annual subscriptions or memberships for family members. Regular donations: to make regular donations to a favourite charity. Comment Gifts out of income can be a powerful tool in your estate planning, helping to reduce your IHT liability while allowing you to support loved ones or causes you care about. By understanding the rules and maintaining proper documentation, you can make the most of this exemption and ensure your estate planning is both effective and compliant. If you have any questions or need personalised advice please get in touch with us or if you require financial advice contact our Investment Management team.  

It is always important to have the right contract in place for any transaction. However, no matter how good the relationship between the parties or the preparation of the paperwork is, sometimes you simply cannot stop a breach of contract by the other party in the agreement. The first thing a party must identify is whether there has been a breach of contract. What is a breach of contract? A “contract” does not have to be a written document in order for it to be breached. A breach can be of a verbal, written (express), or ‘implied’ term of a contract. A breach can occur: If a party refuses to perform the duties set out in the contract If the work carried out is defective Due to not paying for a service or not paying within the specified time limits From a failure to deliver goods or services Due to goods that do not conform to an agreed description From being late with services without a reasonable excuse The breaches in contract normally fall into any of four categories: minor, material, fundamental (repudiatory), and anticipatory. A minor breach of contract A minor (or partial) breach of contract is where, for example, a manufacturer substitutes a part (specified within the contract) for a different part that may work just as well. A material breach of contract A material breach of contract is where the breach has serious consequences on the viability of the goods or services supplied; where a party would not have entered into the contract if they could not have guaranteed this term. For example, a manufacturer substitutes a specified part (within the contract) for a different part that is of lesser quality and will not last as long as the part specified within the contract. A fundamental breach of contract A fundamental or repudiatory breach of contract (see repudiation below) is where the severity is such that the contract can be terminated instead of the innocent party seeking damages. For example, if a manufacturer were to fail to produce and supply goods that had been ordered the innocent party would have to terminate the contract. An anticipatory breach of contract This type of breach is one where a party expressly communicates that they will not be carrying out a term or condition of the contract. When there is a breach of contract there are various remedies available when this situation occurs. Repudiatory breach of contract A party could choose to terminate the contract when there has been a repudiatory breach. This is a breach of a term of the contract, which goes to the heart of the contract, and means that the innocent party is substantially deprived of the absolute benefit of the contract. This enables the innocent party to terminate the contract immediately and claim for damages. When a repudiatory breach occurs, the innocent party can either: Waive the breach and continue with the contract; affirm the contract and claim damages for the breach. By this the innocent party seeks compensation (damages) for the breach but is prepared to continue with the contract; and, accept the repudiatory breach and treat the contract as being terminated. The innocent party can then claim damages both for the breach and for the premature ending of the agreement. Damages for breach of contract Any breach of agreement, whether it is a repudiatory breach or not, will entitle the innocent party to make a claim for damages. The aim is to compensate the innocent party through payment of money with a view to putting the innocent party in the position they would have been in if the contract had been properly performed. Liquidated damages can also be awarded. This is where a fixed sum of money is agreed between the parties, which is payable upon a contract being breached. If no loss has been suffered by the innocent party as a result of the reach, then nominal damages will be awarded. Additionally, with a repudiatory breach, the innocent party can also make a claim for loss of profits associated with the termination. However, the innocent party must carefully look at the contract, to see whether there is a clause that limits the liability of the defaulting party. These clauses will stipulate that in the event a party is in breach, their liability for the breach is limited. These clauses can be deemed to be ‘unreasonable’, if they unfairly restrict an innocent party from access to remedies for a breach. A way to combat this is to provide for a provision in the contract, which provides an adequate remedy to compensate an innocent party in the event of a breach. Specific performance and injunctions Where damages are not an adequate remedy, specific performance of an obligation of the contract by the defaulting party might be ordered by the Court. This is an equitable remedy, which is awarded at the Court’s discretion. Like specific performance, an injunction is also an equitable remedy, ordered at the Court’s discretion. It will be awarded where damages are not an adequate remedy. An injunction aims to permit or prohibit a defaulting party from doing something, to stop it from breaching or continuing to breach its obligation under a contract. How to prove a breach of contract To sue for breaching a contract, you must be able to show: Prove that there was a contract in existence– It would need to be proven that a legally binding contract was in place and that it had been breached. Prove that the other party did not perform their part of the contract– The terms and conditions of the contract need to be clarified and compared to what actually took place. Prove that you suffered a loss as a result– The innocent party must prove there was a loss because of the breach and this loss requires compensation. It will also be expected that you have taken reasonable steps to ‘mitigate your losses’ to reduce the impact of breaching a contract. This is expressed as a ‘duty to mitigate’ and losses cannot be recovered if they could have been reasonably avoided. For example, goods that did not comply with their contractual description, may still be saleable at a reduced price. The party in breach may argue that the innocent party has failed to mitigate their loss if the goods have not been sold, in order to obtain some value for them and to reduce losses. In terms of legal costs, where there are Court proceedings, the general position will be that the loser pays the reasonable costs of the winner. It should be borne in mind that most cases settle before they are determined at a Court trial. The statutory limitation period for a breach of contract claim is 6 years from the breach (12 years if signed as a deed).  

A highly experienced team of four corporate lawyers have joined leading law firm Nelsons. Gavin White and Rachel Bennett, both partners, have joined Nelsons alongside legal director Peter Abel and senior associate Hannah Jones, all relocating from Knights. With more than two decades’ experience Gavin has advised on all aspects of corporate finance work including high value mergers and acquisitions, management buyouts, joint ventures, corporate restructuring, venture capital investments, banking and finance and insolvency related transactions. Gavin started his career at the independent Nottingham firm Eking Manning, where he stayed until their merger with Geldards. He then spent six years with Gateley, progressing to senior associate. In 2006, Gavin moved to Flint Bishop where he became partner, and continued this role at Fraser Brown from 2009, where he built a strong team and then helped lead the Knights acquisition in 2020. Gavin said: “Throughout my career I have always had strong ties to Nottingham and the East Midlands, so moving to Nelsons will allow me to continue serving and building that client base. I have been fortunate to work with some brilliant and exciting SMEs as well as much larger PLC firms – I feel my strength is being able to cater for what clients need at all levels and I am looking forward to continuing to support businesses across the region. “I have been well aware of Nelsons, and the work Stewart has been doing to build the firm with the support of the unique Lawfront model, which is certainly ahead of the curve. The firm is on a great trajectory while maintaining a commitment to the East Midlands market, which is really refreshing. I could see this was a natural fit for me particularly with the impressive work ethic and business culture. “Being able to move with Rachel, Peter and Hannah is special as we are a very close-knit team. We are hugely supportive of each other and making this move is really testament to that relationship. I am looking forward to integrating what we have built with our respective offices.” Rachel has also had an impressive career in corporate law, with 20 years’ experience supporting clients across the East Midlands and nationally with large and complex transactions. Her expertise is broad and includes mergers and acquisitions, disposals, private equity investments and group reorganisations, dealing with different sized businesses across a range of sectors. Rachel spent nearly eight years with Geldards in Derby with particular experience in motor retail and healthcare, before then moving to Gateley where she was based in Leicester for four years. In 2016, she joined the team at Flint Bishop in Derby as a partner, building her client base and supporting high value transactions, eventually making the move to Knights in 2022. Rachel said: “Over the past two decades I have built my career around the East Midlands, so I am pleased to be continuing that work with Nelsons in the Derby office, and the wider East Midlands practice. It felt like the perfect opportunity to be able to move alongside Gavin and the team, and particularly with the exciting 18 months that Nelsons has had. I am looking forward to supporting Derby’s corporate team presence and seeing what the future holds.” Peter and Hannah also bring around 10 years’ legal experience each, both having worked at Fraser Brown and joining Knights as part of the acquisition in 2020. Gavin added: “Peter and Hannah are both very talented and respected lawyers, having worked on many significant transactions across a range of different sized businesses and developed their own strong links with both clients and intermediaries in the East Midlands market. As part of looking ahead to our future generations, this marks an important and exciting step for their career progression that we are proud to be part of.” The corporate quartet is the third team to join Nelsons in 2024. At the start of the year, specialist personal injury partners Emma Zukowska and Julie Hardy made the move from Barratts, and this spring Nelsons also welcomed the expert insolvency trio of Adrian Slater, Hayley Brown and Abbie Fotheringham, also from Knights. Stewart Vandermark chief executive at Nelsons, said: “It is great to be welcoming such a talented group of solicitors, to help strengthen our existing corporate team. I have known Gavin for many years and both he and his team are an excellent fit, with a really strong reputation. Rachel has built a great presence in the Derby market with well-established links and she has become an integral team member at Knights where the four have been working closely together. With Rik Pancholi joining us last year in Leicester when we acquired Pattersons Commercial Law, our corporate department across all three offices is now going from strength to strength. “Our unique culture and clear vision, as well as the new opportunities opened by being part of Lawfront, have played an important part in the increased interest from professionals at the top of their field which we have benefited from this year.  This additional strength in depth across a number of specialisms has enhanced our offering and ensures we are continuing to offer our clients the best possible service.” To find out more or to speak to one of Nelsons’ corporate solicitors, please visit here. For more information on Nelsons, please visit www.nelsonslaw.co.uk.  

Nelsons part of Lawfront, the fast-growing legal services group, has made a bold start to the new year by acquiring Burton upon Trent-based, Else Solicitors. Founded in 2003 by managing partner Chris Else, the firm has developed a strong reputation for commercial litigation, as well as commercial property and private client services, including wills and probate. Else Solicitors has grown in prominence to cover Burton, Derby and Birmingham – as well as supporting national and international clients. Tim Hastings, chairman at Nelsons, said: “Else Solicitors is a well-respected firm that has built an impressive reputation in Burton and beyond, so we are pleased to welcome Chris and the team. "Through this acquisition we are able to bolster our commercial litigation practice, offering specialist knowledge for both new and existing clients. We are keen to build on the reputation they have established to further enhance our East Midlands offering. We are looking forward to the new opportunities this may bring.” Speaking on the acquisition, Chris Else said: “We have built a team of highly skilled lawyers, all providing a responsive and first-class service, working to deliver our clients’ goals and objectives. I want to maintain the growth and future of our talented team as well as continuing to offer more to our loyal client base, however I feel I have taken the firm as far as I can on my own. “An opportunity presented to become part of Nelsons, which has a strong emphasis on building long-term relationships, so there is an immediate sharing of values. Joining forces enables our clients and employees to benefit from the greater resources that Nelsons as a Lawfront firm can provide.” Neil Lloyd, Lawfront CEO, said: “It is great to see Nelsons complete its third acquisition since joining Lawfront. We back our regional firms to accelerate their growth ambitions.  Acquisitions such as this are a positive demonstration of our commitment to invest in our firms. We are proud to welcome the Else Solicitors’ team into Nelsons and look forward to watching the team grow and develop.” Clients of Else Solicitors with current matters will be notified and any archived files, wills or deeds will be transferred to Nelsons for safekeeping. For more information on Nelsons, please visit www.nelsonslaw.co.uk.