October 2023

Tees demonstrates support for Essex and Cambridgeshire businesses with the appointment of two new Commercial partners

Posted on 13 October 202329 March 2025 by Sarah O'Sullivan

Leading law firm Tees has demonstrated its commitment to increasing its ability to provide a wider range of pragmatic legal advice to more businesses in the region with the appointments of Claire Powell, a partner in Company and Commercial based in Chelmsford and Brentwood and Sarah Coates as Partner and Head of Commercial Property based in Cambridge and providing support across the region. Both have more than 20 years of experience and joined Tees in September.

Claire is a Corporate and Commercial expert, working on acquisitions and disposals, restructuring, mergers and demergers, joint ventures and all types of commercial contracts. She was previously a partner in the firm of Thompson Smith and Puxon and thrives when working with businesses that need sensible, pragmatic and decisive advice. She also specialises in advising GP practices, care homes and dentists.

Sarah has expertise in residential development and development finance work, as well as in assisting educational establishments and companies in the tech/life science sphere with their wide-ranging property needs. Sarah also has a passion for supporting charitable and social enterprise initiatives in Cambridge, most notably acting as Chair of Trustees for the Cambridge Cyrenians, a charity supporting those at risk of homelessness in and around Cambridge. She has practised in Cambridge for 17 years and previously worked for International law firm Penningtons Manches Cooper.

Commenting on her appointment, Claire said: “I’m delighted to join this leading regional law firm and be part of Tees’ ambitious plans to reshape the legal landscape for Essex businesses. Essex is thriving with a multitude of successful businesses serving London and the world but for too long the provision of legal services has been lacking. Tees is committed to changing that and leading the way in doing business responsibly.”

Catherine Mowat, Senior Partner, stressed the significance of these new appointments: “We are delighted to welcome Claire and Sarah into the Tees’ partnership. We have identified that businesses in Essex are underserved by the current legal offering. By appointing two senior and experienced specialists, we are growing our Commercial teams and expanding our offering in line with our 2028 Strategic Growth Plan. Our aim is to better serve the local business communities in all the areas we work and these appointments will help us do just that.”

Unravelling the diagnosis: What is Dyslexia?

Posted on 11 October 202321 March 2025 by Sarah O'Sullivan

This may feel like a question that you already know the answer to, Dyslexia is widely understood to be nothing more complex than a struggle with reading and writing. However, Dyslexics, their family, and friends know that Dyslexia is far more pervasive, and they want you to know that too.

The Rose Definition

“Dyslexia is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling. Characteristic features of dyslexia are difficulties in phonological awareness, verbal memory and verbal processing speed. Dyslexia occurs across the range of intellectual abilities. It is best thought of as a continuum, not a distinct category, and there are no clear cut-off points. Co-occurring difficulties may be seen in aspects of language, motor co-ordination, mental calculation, concentration, and personal organisation, but these are not, by themselves, markers of dyslexia.”

So, clearly, although difficulty with reading and writing is common to most Dyslexics, it’s far from the whole picture, and this is often lost in the wider understanding of the condition.

(The irony is not lost that the word ‘Dyslexia’ being so difficult to spell is compounded by its lengthy definition!)

The Dyslexic Continuum

So, what’s the problem of having a simplified understanding of Dyslexia being in the mainstream?

Take this example; the parents of a little girl with (seemingly) functional reading and writing skills may overlook her difficulties with following instructions, organising herself, and starting her work. They may not consider that these difficulties are symptomatic of Dyslexia and that targeted specialist intervention may be necessary to ensure that the little girl achieves.

This little girl’s willpower and creative approach to learning might see her happily and successfully through her early education. But, as the demands of the curriculum increase, the gap between her and her peers starts to widen (to the confusion of all around her). She may well leave education frustrated, disengaged, and with mental health difficulties, having only achieved a fraction of what she would have been capable of with the right support. Children with learning disabilities are four and a half times more likely to have a mental health problem than children without a learning disability.

What can we do?

Whether you’re at the start of the process: wondering if your child needs extra help and provision at school, or if your child has an Education, Health, and Care Plan (EHCP) and you’re worried that it’s not robust enough then we can help.

At Tees, we know that all children are different and cannot be distilled down to a list of diagnoses. Everyone’s experience of their neurodivergence, their needs, and the provision they require, differs. We have the expertise and personal experience of neurodivergence necessary to keep the individual child at the heart of what we do.

Tees Law now boasts six Top Tier practice areas in Legal 500

Posted on 6 October 202329 March 2025 by Sarah O'Sullivan

Tees Law enjoyed widespread success in this year’s Legal 500 directory, adding Private Client – Personal tax, trusts and probate in Essex to the highest Top Tier ranking.

Ian Johnston, Partner and lead of the Private Client team in Tees’ Essex based offices of Chelmsford, Brentwood and Saffron Walden, moved up the rankings becoming a Next Generation Partner. One client commented, “Ian Johnston is a fine example of the ability of the firm to deliver the human approach to what can be very serious discussions.”

The Personal tax, trusts and probate team is described as having an “outstanding reputation for quality” and as being “consummately professional, and yet provide a service which feels warm, friendly and personal. All considerations are covered and delivered in an understandable yet thorough manner.”

In total, 27 different Tees Law practice areas were ranked in the latest update of the world’s leading directory of Law Firms.

Tees Law was delighted to see a total of 8 Leading Individuals, 5 Next Generation Partners and 7 Rising Stars. A staggering 46 of the firm’s solicitors have been listed as Recommended Lawyers with an increase of 16 this year.

Tees Law is a major regional law firm with offices in Bishop’s Stortford, Cambridge, Royston, Saffron Walden, Brentwood and Chelmsford. As part of the local community for over a century, Tees Law has supported clients from generation to generation.

The recurring theme throughout the client testimonials published this year highlights the firm’s focus on the client’s needs. An Essex Commercial Property client stated, “The team are great to work with. They all put each case in such high regard. All members of the team are professional and hold your best interest as a client highly.”

Another client praised “A first class firm with many talented individuals. Their client focus, commerciality and friendliness has been outstanding.”

Group Managing Director at Tees Law, Ashton Hunt, commented: “Once again the success and dedication of our teams and individuals shines through in the Legal 500 rankings. I am delighted to see so many practice areas receiving accolades and to have increased our number of Tier 1 rankings. At Tees, we always strive to be renowned experts and provide personal and commercially tailored advice to our clients.”

Catherine Mowat, Senior Partner at Tees Law, who was this year named in the Hall of Fame, added: “This year’s results highlight the diligence and commitment of our highly skilled teams. It is an honour to be named in the Hall of Fame and I would like to thank all of our clients and referrers for their wonderful feedback.”

Essex Hospital Trust investigation into patient deaths after heart surgery

Posted on 5 October 202323 March 2025 by Sarah O'Sullivan

Mid and South Essex NHS Foundation Trust, which is responsible for Basildon University Hospital, Southend University Hospital and Broomfield Hospital (in Chelmsford), has recently launched an investigation into the deaths of patients following open aortic abdominal aneurysm (AAA) surgery.

This alarming development has raised concerns about patient safety and the quality of care provided by the Hospital Trust.

In this article, we look into the details of the investigation and explain what we can do to help you if you or a loved one has been affected by this issue.

Abdominal Aortic Aneurysm (AAA) Surgery

An AAA is a potentially life-threatening condition in which there is a balloon-like swelling in the aorta, which is the main artery carrying blood from the heart to the abdomen, pelvis and legs. The swelling is caused by weakness and, should the aneurysm grow to more than 5.5cm, surgical intervention may be required to replace weakened sections of the aorta with a plastic tube (graft). While this surgery can be lifesaving, it carries risks and needs a high level of surgical expertise.

Mid and South Essex NHS Foundation Trust Investigation

The Hospital Trust has recently declared an ‘organisational serious incident’ after a higher number of their patients died following AAA surgery than would have been expected. Dr David Walker, chief medical officer at the Hospital Trust, has said that investigations are underway to ensure AAA services being offered to patients there are safe, and that lessons can be learned from post-operative deaths. The Hospital Trust has appointed an external investigator to lead the investigations, which may take in the region of 6 -12 months to complete.

Impact on Patients and Families

The implications extend beyond the Hospital Trust itself, affecting patients and their families who have undergone or are scheduled to have open AAA surgery. The uncertainty surrounding the investigation’s outcome and concerns for patient safety may cause significant distress and anxiety.

It is vital that the Hospital Trust communicates openly and transparently with affected individuals, providing them with support and reassurance throughout the investigation process.

The Hospital Trust will then need to implement any necessary changes identified through the investigation and to rebuild trust and confidence in the care they are offering.

How Tees Can Help

If you or a family member has been affected by the issues raised in this article, you can get in touch with the medical negligence team at Tees who have specialist solicitors with many years of experience.

We have dealt with numerous claims against Mid and South Essex NHS Foundation Trust, including claims relating to cardiac treatment.

If you would like to contact us, we will be able to give you free, confidential initial advice. We can discuss with you whether we can assist you in making a complaint or claim against Mid and South Essex NHS Foundation Trust. We understand that, in addition to ultimately obtaining any financial settlement that you may be entitled to, it is also important to obtain explanations when there have been shortcomings in treatment, and we also appreciate the sensitivity required when the treatment in question has led to the loss of a loved one.

Shared ownership: How to get on the housing ladder

Posted on 2 October 202326 March 2025 by Sarah O'Sullivan

Shared ownership can be a way of getting onto the housing ladder for many people. But, there are a few things you should consider first.

What is shared ownership?

Shared Ownership is a form of affordable housing. The term ‘shared ownership’ encompasses schemes where a registered social housing provider grants a lease of a percentage share of the property and rents the remaining percentage to the tenant. Shared ownership homes are offered by housing associations, local councils, and other organisations. They are called ‘providers’ or the landlords.

From a conveyancing perspective, the transaction is still dealt with by solicitors, and the usual conveyancing and mortgage costs are still payable when you opt for a shared ownership purchase.

Who is eligible?

You are only eligible to purchase a shared ownership property if you meet certain criteria. The government sets this criteria:-

You can buy a shared ownership if both of these apply:-

your household income is £80,000 a year or less (£90,000 a year or less in London)
you cannot afford all of the deposit and mortgage payments for a home that meets your needs

0ne of the following must also be true:

you’re a first-time buyer
you used to own a home but cannot afford to buy one now
you’re forming a new household – for example, after a relationship breakdown
you’re an existing shared owner, and you want to move
you own a home and want to move but cannot afford a new home that meets your needs

For some homes, you may have to show that you live in, work in, or have a connection to the area where you want to buy the home.

There are also some other specialist Shared Ownership schemes for people who:-

are members of the Armed Forces
are over 55 years old
a person with a long term disability

More can be found on the Shared ownership homes: buying, improving and selling: Who can apply – GOV.UK

Buying a shared ownership property

All shared ownership property, whether it is a house or a flat will be leasehold. The Provider will own the freehold interest in the property and will grant you a lease. A shared ownership lease will specify that you own a given percentage, which will be the share you agreed to purchase. The purchase price you pay will be a percentage of the market value which corresponds with the share you will receive. You can either have a brand new lease granted on a new build property or be assigned an existing lease on an older property.

The lease will usually contain a provision which will allow you to buy additional shares throughout the term as and when you are able until eventually you own 100%. This is known as “staircasing”. You should note however that not all leases allow you to staircase and those that do may not allow you to staircase to the full 100%.

Initial ownership can start at 10% ownership, but usually, a lease is offered with a share of 25%, 50% or 75% of the value of the property. This can be paid for with a mortgage or from savings. As with a usual transaction, a deposit will be required which is usually 10% of the purchase price of the share.

The remaining share is then rented from the Provider for an affordable rent. Your monthly outgoings may include a mortgage payment and rent but will be much lower than the mortgage costs if you were to buy outright. When you can afford to, you may be able to increase your ownership of the property by staircasing. This can also be from either savings or a further advance on a mortgage.

Example:-

If the market value is £150,000.00 and you agree to buy 25%, the price you pay will be £37,500.00. You will then pay rent, known as “specified rent”, on the remaining 75% share.

Staircasing

Once you have purchased the initial share of property you can choose to increase your share, if your lease allows.

The amount you can staircase by is dependent on what your lease says and its age.

If you are looking to buy more shares, you will still require a solicitor to do this. You will also require a valuation so that the additional share is calculated based on the current value of the property. Please get in touch with one of our property specialists as they can assist with interim staircasing and final staircasing.

Will I have to pay stamp duty land tax?

Yes, the tax will be payable, however, the amount is dependent on a couple of factors: –

If you are buying a new build property and you are the first owner, you have a choice to either pay Stamp Duty Land Tax on the share that you are buying or you can elect to pay the tax on the full market value of the property
If you are buying an existing shared ownership (an assignment) then you can only pay the tax on the amount that you are acquiring.

The provisions for stamp duty on shared ownership properties are complex and we suggest you contact us for specific advice on your particular transaction.

What is a maintenance charge?

In common with most leasehold properties, you will be obliged to pay a share of the landlord’s expenditure incurred in satisfying its obligations under the lease. The type of obligations varies depending on the type of property you are buying:-

For a flat this may include, cleaning and lighting communal areas, building insurance, external decoration and structural repairs all of which you will share with other leaseholders.
In the case of a house, this can include building insurance and sometimes the cost of maintaining any common areas of an estate.

These costs are usually collected with the rental portion of the payments that you make to the Provider.

Can I let the property?

It is not usually possible to let a shared ownership property though once you have staircased to 100% this may be an option. This will be specified in the Lease.

Selling a shared ownership property

If you have bought the house outright you are free to sell the property as you wish but your landlord is usually entitled to buy back the property so that it can be offered to other families who seek low-cost shared ownership. They are obliged to pay you the full market price for the property.

If you only own a share of the property your landlord may require that you sell that share to a household nominated by them or to the landlord themselves, again for the full market price.

You may find that a shared ownership property is more difficult to sell than a ‘normal’ property as the pool of buyers is smaller because not everyone will meet the required criteria. However, the provider may also have a waiting list of potential purchasers.

The lease with have instructions on what to do when you wish to sell the property. This usually entails:-

Telling the landlord you wish to sell
The landlord will try and find a buyer for you within what is called the nomination period. This can be from 4 to 12 weeks.
If the landlord doesn’t want to buy the property or can’t find a buyer for you in the nomination period, you are then allowed to sell on the open market. You can either offer this as the share you bought or sell the whole property.

What other things should I consider?

A shared ownership lease is seen to be a tenancy agreement rather than a long lease until it has been staircased to 100%. Terminating a tenancy is much simpler than forfeiting a lease since all the landlord has to do is prove that the rent is in 3 months’ arrears. It is therefore important to note that you are at serious risk if you do not keep up with your rental payments.

You will need to get a specialist shared ownership mortgage if you are using one to assist with your purchase.

There are some additional costs to consider when selling, these can include:-

Paying for the landlord’s valuation costs
Paying for the landlord’s legal fees
Paying a nomination fee, if the landlord finds a buyer for you in the nomination period.

If you want to purchase a shared ownership property, please do not hesitate to get in touch, for bespoke advice.

We are members of the Law Society Conveyancing Quality Scheme.