Sarah O'Sullivan, Author at Tees Law

Tees supports grieving family with clinical negligence case

Posted on 23 November 202328 March 2025 by Sarah O'Sullivan

Justice at Stake: A Mother’s Testimony on Legal Representation in Clinical Negligence Cases

A Heartbreaking Loss: Adam Bunn’s Story

The mother of a young man who lost his life in 2021 has spoken out about the invaluable help provided by the Clinical Negligence team at Tees Law during a time of real need.

This case serves as a powerful reminder of the importance of specialist legal representation in supporting families and driving improvements in healthcare standards. This comes as the government’s proposals on Fixed Recoverable Costs (FRC) threaten to significantly limit access to justice for vulnerable groups.

What Happened to Adam Bunn?

In September 2021, 26-year-old Adam Bunn was admitted to the hospital, diagnosed with severe constipation, and discharged a few days later. Tragically, he was back in hospital the following day, where he collapsed and could not be revived.

An inquest in 2023 revealed that Adam had sepsis and rectal faecal impaction. His blood tests showed clear signs of sepsis, which should have been identified.

A Mother’s Perspective: katie Bunn’s testimony

Katie Bunn, Adam’s mother, shares her experience:

“Our son, Adam, died suddenly and unexpectedly on Friday, 17 September 2021. His inquest took place nearly two years later in August 2023. The coroner concluded that the hospital trust failed Adam in six key ways, one of which was due to neglect. With the correct diagnosis and treatment, Adam would likely have survived.”

The role of legal representation in the inquest

Katie Bunn emphasised the essential support provided by Tees Law:

“We were represented on a ‘no win, no fee’ basis by Tees Law, whose experience in clinical negligence cases was invaluable. Without their guidance, I am certain the coroner’s findings would not have been as comprehensive. The Trust would not have admitted their failings without legal pressure.”

She further explained how the legal team selected expert witnesses, engaged a skilled barrister, and navigated the complexities of the coroner’s court.

“The prospect of facing this process without legal support would have been unimaginable.”

The impact of fixed recoverable costs on access to justice

If the proposed FRC rules had been in place during Adam’s case, the family might not have been able to secure legal representation.

“The Trust would still have had taxpayer-funded legal representation, while we, as a grieving family, would have struggled without the necessary support.”

Tees Law’s perspective on fixed recoverable costs

Tees Law’s Clinical Negligence team expressed their concerns:

“Over the last decade, we have built a specialist practice representing vulnerable clients at inquests. The government’s FRC proposals will further marginalize vulnerable groups, including the elderly, those with mental ill health, and individuals with learning disabilities.”

Understanding Fixed Recoverable Costs (FRC)

Fixed Recoverable Costs (FRC) are legal fee limits proposed by the government for certain medical negligence claims. The most significant impact will be on claims under £25,000, which often involve vulnerable individuals.

The Department of Health has acknowledged that the proposed reforms disproportionately affect people with disabilities, the elderly, and low-income groups.

Recent changes to FRC in October 2023

In October 2023, the government implemented FRC for claims valued between £25,001 and £100,000. These reforms introduced an Intermediate Track with case-specific factors and Complexity Bands that determine cost limits.

Conclusion: Ensuring fair access to justice

Adam’s story highlights the essential role of legal representation in holding healthcare providers accountable and securing justice for grieving families. Fixed Recoverable Costs threaten this access to justice. It is crucial to ensure that vulnerable individuals retain the right to adequate legal support.

Tees Law remains committed to fighting for families like Adam’s and advocating for fairer legal frameworks.

Tees meets criteria for Customer Service Excellence once again

Posted on 15 November 202329 March 2025 by Sarah O'Sullivan

Tees has once again been re-certified and named as meeting the criteria for Customer Service Excellence (CSE) by the Centre for Assessment (CfA), on behalf of the Cabinet Office.

The assessment report provided to Tees this month (November 2023), pinpoints key strengths as ‘an organisation which very clearly understands the critical role that customer service plays in enabling it to meet its strategic objectives.’ Tees is visited annually by representatives of the CfA to review our practices and this year it has been revealed that we have an extremely good record of resolving the very few complaints that we do receive.

The report also recognises the significant work that goes into us re-achieving this status time and time again. It is clear with our growth strategy ahead of 2028, that we are determined to ensure our client journey is as friendly, easy and hassle-free as possible. We continually reinforce the message that clients are at the heart of everything we do and have worked hard to adapt processes to meet requirements to cater for our clients such as disability, deafness, illiteracy and mental health issues.

Customer Service Excellence is a national quality mark that seeks to recognise organisations that have a truly customer-focused culture and to promote continuous improvement. Certification to the Customer Service Excellence standard is achieved through a rigorous assessment process and an on-site visit to establish whether an organisation meets the scheme’s requirements.

Group Managing Director, Ashton Hunt, said:

“It’s wonderful to be re-certified for Customer Service Excellence again this year. It recognises the hard work of all our colleagues here at Tees to ensure we hit the criteria needed, but ultimately, it’s all about our mantra of depth being in all we do. We are committed to ensuring that all of our clients feel valued and supported by our knowledgeable and highly experienced solicitors and advisers and so it is a real honour to once again be recognised for our efforts.”

The new report states that it ‘was clear from the assessment process that, despite continual change, and ever-increasing competition within the legal profession, Stanley Tee LLP, comfortably re-achieved the high standards necessary to be accredited against the Customer Service Excellence Standard.’

Tees new Senior Wealth Planner now settled and seeing clients

Posted on 14 November 202329 March 2025 by Sarah O'Sullivan

Tees Financial Ltd has recently welcomed Senior Wealth Planner David Blackman, a role with a key focus on working with the farming community – a first for the firm.

Tees has a long history of working with farming families, going back 100 years, but before now, we’ve not had a senior financial adviser on board who specialises in this area.

With over 32 years of experience in financial services, David is passionate about helping all clients through life events, with a real interest in planning tax efficiency for agricultural businesses and owners. Tees’ financial advisers work with clients to help them pass on their farm and land assets to the next generation in a well-planned and tax-efficient way. This includes taking advantage of Inheritance Tax reliefs (IHT), Business Property Relief (BPR) and Agricultural Property Relief (APR).

Part of David’s role is to help farming businesses make any necessary adjustments in investment activities and to encourage the use of Trusts and other ownership structures to ensure assets can be passed on tax-efficiently.

David is looking forward to advising more clients and said “It’s important that farming families think about putting appropriate plans in place. It can all be confusing with so many options out there, so I’m here to make sense of it all for our clients and advise on the best ways to protect assets and plan for the future. This includes help on pension and retirements too.”

David has a breadth of experience in providing finance advice to the rural community and has joined Tees after previously working for NFU Mutual – a Farmers’ Union insurance composite, so he fully understands the needs and complexities involved in agricultural land ownership and business. As a Chartered Financial Planner and a Chartered Associate of the London Institute of Banking and Finance, David is also able to advise on protecting family wealth and ensuring financial stability in the future.

“I am passionate about helping clients to achieve their goals and it’s so important to me to grow relationships with my clients by regularly reviewing financial plans, instead of just being very transactional. That’s what I love about the job.”

Our specialist financial advisers are based in several sites including Essex, Cambridgeshire and Hertfordshire, but can help anyone in the UK.

If you would like to find out more about our services or speak to David directly, call our team on 080o 015 1165.

Tees Financial Academy marks 2nd year with 2 new starters

Posted on 14 November 202329 March 2025 by Sarah O'Sullivan

Last year, Tees Financial launched a new adviser academy, with an aspiration to train Financial Advisers who are new to the industry. Last August the team welcomed its very first two participants and now, a year on, we welcome two additional staff members.

The Academy is structured around a two-year apprenticeship programme which combines studying for the CII’s Diploma in Financial Advice, as well as hands on experience as a financial adviser.

New starters Ben Parkhurst and Megan Johns will be studying for their Level 4 Financial Adviser exams at the same time as shadowing the firm’s highly experienced financial advisers. The programme promises to provide Academy members with key objectives to take away from every stage and gives experience across the whole firm.

James Appleby, Managing Director of Tees Financial Ltd, said: “We’re really excited to be welcoming two additional participants to our Academy and are so proud to continue on our promise to harness and invest in the future of up-and-coming talent for financial advice.”

Ben Parkhurst from Chelmsford didn’t have a financial background before joining the Academy but did have friends who were in the industry and who had told him he could be a great fit. He originally planned on pursuing a career in engineering, “I completed an apprenticeship to become a mechanic before I came to Tees. I thought I wanted to go further in engineering, but then I changed direction and went into logistics. It was here that I realised I love client work, problem solving and talking to people.”

Ben came across Tees this summer and decided to apply for the Academy once he saw the volunteering and charity work the company get involved in, because it aligned with his personal ambitions. He plans on studying further to Level 6 once he has completed his Level 4 exams.

Another of our latest recruits Megan Johns who hails from the Bishop’s Stortford area, where the Tees headquarters are based, joined in August this year and has already completed her first exam on the Level 4 course. “At first it felt daunting to study and work at the same time, but I’m actually really enjoying it and have found it easier in a way because I get real experience in the office alongside one study day a week.”

Megan joined Tees originally as an admin adviser and although she liked the job, she became interested in The Academy at Tees Financial Ltd, once she learnt you don’t need any particular A Levels to be accepted and do well in the role. She said “I’m from the local area so I always knew about Tees but didn’t necessarily know too much about the financial side of the business until I joined. It really interests me, and I hope to progress to become a long-term member of the team once I pass all my exams!”

The Level 4 programme consists of six exams split across two years at the end of which, along with the practical work shadowing experienced advisers in the office, provides Academy members with the qualifications, knowledge and experience to take up a role as a financial adviser at the end of the term. There is also an option to continue studying to become a chartered adviser. The opportunity is open to anyone who in the words of Megan, is “hard working, willing to learn and a people person.”

The exams cover off topics such as financial services, regulation and ethics, investment principles and risk, personal taxation and financial planning in practice. The last exam comprises a written essay style format.

Last August, Tees welcomed Percy Sam – an Industrial Design graduate and Guy Pearson, who previously studied Exercise, Nutrition and Health at Nottingham Trent University.

The Academy has been a change in direction for Guy who previously trained as a personal trainer before the global pandemic. He recalls, “I joined a large advisory firm after leaving personal training, but felt I lacked support and the tools I needed to study for my Financial Adviser exams, but at Tees I have been able to get on-the-job experience as well as lots of time to learn from experienced team members.”

Both Percy and Guy are just a year away from becoming fully qualified and are advocates for others joining the Academy. Percy admitted, “The Academy wasn’t even on my radar, and I knew nothing about financial advising before joining Tees!”

“The Academy at Tees Financial Ltd offers an opportunity to become a qualified Financial Adviser in two years,” says James Appleby. “We’re looking for candidates with the right attitude and aptitude, regardless of past experience.”

The Academy at Tees Financial Ltd is committed to the rolling programme and aims to continue to recruit up to two new recruits each year. This forms part of Tees Financial Ltd’s longer-term growth strategy.

If you would like to find out more about our services or speak to a Tees financial adviser directly, call our team on 0808 159 7432, or fill out our enquiry form and we’ll be in touch.

Tees is a trading name of Tees Financial Limited which is regulated and authorised by the Financial Conduct Authority. Registered number 211314. Tees Financial Limited is registered in England and Wales. Registered number 4342506.

Modernising fertility law: HFEA’s proposals

Posted on 2 November 202322 March 2025 by Sarah O'Sullivan

In November 2023, the Human Fertilisation and Embryology Authority (HFEA) outlined a series of recommendations to modernise fertility laws in England and Wales. These reforms aim to enhance patient care, ensure legal clarity, and keep pace with advancements in reproductive science.

Why reform is needed

The HFEA, as the regulator of fertility treatment in the UK, plays a critical role in protecting patients. Since the introduction of the Human Fertilisation and Embryology Act in 1990, fertility law has faced challenges due to outdated legislation. Judges in family law courts often have to interpret the law, leading to inconsistent outcomes, particularly regarding legal parenthood.

The HFEA’s recommendations address these gaps by focusing on four key areas:

Patient Safety and Best Practices
Access to Donor Information
Consent
Scientific Developments

Enhancing patient safety and best practices

To strengthen patient protection, the HFEA proposes stricter regulatory controls and expanded enforcement powers for licensed clinics. This would ensure clinics meet high standards of care, reducing the risk of legal complications for families undergoing fertility treatment.

Improving access to donor information

Recent legislative changes have enabled donors to access information on previously anonymous donations. The HFEA recommends providing donors with mandatory implications counselling before treatment. Additionally, clinics would be required to offer clear guidance to both donors and recipients on the implications of accessing this information.

Addressing consent complexities

Current laws surrounding consent for fertility treatment, embryo storage, and embryo use are ambiguous. Judges often face difficult decisions in cases involving consent disputes, particularly in situations of relationship breakdown or posthumous conception. The HFEA’s proposals call for clearer legal definitions to protect all parties and provide greater certainty for families.

Embracing scientific developments

With rapid advancements in reproductive technology, the HFEA also advocates for more flexibility in the law. Granting the HFEA greater discretion to adapt regulations in response to scientific progress will ensure the legal framework remains relevant and responsive.

The need for timely legal reform

Since its introduction, the Act has only undergone one significant update in 2008, which expanded parental rights for same-sex female couples. While this was a positive step, it also introduced complexities in legal parenthood determination. Many families face uncertainty and legal challenges due to the outdated framework.

Despite increasing calls for reform, including on the HFEA’s 30th anniversary in 2020, progress remains slow. As fertility treatments become more common, modern legal protections are essential to reflect the diverse family structures of today.

How Tees Law can help

At Tees Law, we frequently assist parents navigating the legal aspects of fertility treatment. From reviewing documentation to ensuring legal parenthood is established, our experts provide comprehensive support. We also offer guidance on consent and storage disputes, particularly during family breakdowns.

Furthermore, our clinical negligence team welcomes the HFEA’s emphasis on patient safety. Enhanced regulatory oversight can prevent instances where clinic errors lead to complex legal battles over parenthood.

Conclusion

While legislative changes are yet to be implemented, the HFEA’s recommendations represent a positive step toward safeguarding patients and modernising fertility law. At Tees Law, we support these efforts and remain committed to helping families achieve legal security and peace of mind throughout their fertility journeys.

For expert legal support on fertility law and parental rights, contact our team today.

Pregnancy and maternity discrimination: Know your rights

Posted on 1 November 202322 March 2025 by Sarah O'Sullivan

If you’ve been dismissed, treated unfairly, or disadvantaged at work because of pregnancy or maternity, you may have a claim for discrimination or unfair dismissal. Understanding your rights is crucial to protecting yourself in the workplace.

What is Pregnancy and Maternity Discrimination?

Pregnancy and maternity discrimination occurs when an employer treats an employee unfairly due to pregnancy, maternity leave, or the assertion of related rights. This can happen at various stages, including:

When you inform your employer about your pregnancy
During a job interview while pregnant
Throughout your maternity leave

If you face unfair treatment after your maternity leave ends, it may still be unlawful under sex discrimination laws.

Examples of Pregnancy and Maternity Discrimination

Discrimination at Job Interviews

You are not obligated to disclose your pregnancy during an interview.
Employers cannot ask about your pregnancy or family plans.
Your pregnancy should not impact the hiring decision.

Promotion Opportunities

Pregnancy or maternity leave should not affect your chances of promotion.
Employers should inform you about promotions and provide fair opportunities.

Pay During Pregnancy and Maternity Leave

Your salary may change only when you begin maternity leave.
You may receive statutory maternity pay or contractual maternity pay.
Benefits and annual leave should continue to accrue during maternity leave.

Training and Development

You should be kept informed about training opportunities.
Employers should work with you to schedule training at suitable times.

Redundancy During Pregnancy or Maternity Leave

It is illegal to make you redundant due to pregnancy or maternity leave.
If redundancy is necessary, employers must consider you for suitable alternative roles.
You have enhanced protection from redundancy while on maternity leave.

Pregnancy-Related Illness

Employers should support you if you need time off due to pregnancy-related illness.
Pregnancy-related absences should not result in disciplinary action.

Ante-Natal Appointments

You are entitled to paid time off for ante-natal appointments.
Employers cannot require you to use annual leave for these appointments.

Performance Management During Pregnancy

Employers must be understanding of any pregnancy-related impact on your performance.
Supportive adjustments should be made where necessary.

Dismissal During Pregnancy or Maternity Leave

Dismissal based on pregnancy or maternity is unlawful.
Seek legal advice if you face unfair dismissal.

Returning to Work After Maternity Leave

You are entitled to return to your original role or a suitable alternative.
Employers cannot pressure you into accepting unsuitable changes.
You have the right to request flexible working after 26 weeks of employment.

Victimisation and Your Rights

If you assert your rights and face retaliation, such as exclusion from opportunities or receiving a poor reference, this is known as victimisation. Legal support is essential in these situations.

Understanding the Protected Period

The “protected period” covers from the start of your pregnancy until the end of your maternity leave or your return to work, whichever is earlier. Unfair treatment during this period is unlawful. Afterward, you may still have a claim if the treatment stems from actions taken during the protected period.

How to Make a Pregnancy Discrimination Claim

Seek specialist legal advice to understand your rights.
Claims typically go through an employment tribunal.
The deadline for making a claim is three months minus one day from the discriminatory act.
You must contact the Advisory, Conciliation and Arbitration Service (ACAS) for Early Conciliation before filing a claim.

Contact Our Employment Law Solicitors

If you believe you have experienced pregnancy or maternity discrimination, our experienced employment law solicitors are here to help. We offer clear, expert guidance to support your claim.

Call us at 01245 293197 for a no-obligation consultation or complete our online enquiry form. Let us help you protect your rights and navigate your legal options confidently.

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.

Tees advises on the purchase of over 230 acres of land and an industrial site

Posted on 12 September 202327 March 2025 by Sarah O'Sullivan

Looking back over the last 12 months; Tees are thrilled to have advised longstanding clients, R S Coleman and Schwier Farms Limited, on their joint purchase of over 230 acres of arable land and a muti-let industrial site in Essex in December 2022.

Simon Dixon Smith of Land Partners acted for the purchasers from an agency perspective and Paul Walker of Whirledge & Nott was the sellers’ agent.

Paul Walker stated:

“This sale was one of the largest areas of land offered to the market in the Rodings area for some time. Strong local interest was expected, especially from neighbours many of whom are well known by the vendors and themselves valued clients of W&N. Confidentiality and an understanding the parties’ objectives and sensitivities is always paramount but even more so in this case, given the personal connections. The strong professional relationship between the respective agents and solicitors greatly helped in navigating the complexities of this transaction to keep all parties aligned through to completion.”

From the legal side; Partner, Daniel Fairs of Tees’ Rural and Commercial Property team, took the lead in advising both purchasers on all aspects of the transaction. A third party was also involved in this and purchased a third parcel.

A number of complications arose during the transaction; including unregistered land, overage in favour of the Seller, bank funding, and the separate parcels of land needed rights over each other. Further elements to this transaction, related to a Farm Business Tenancy and a Pre-emption Agreement with all elements needing to be completed at the same time as the purchase.

Daniel was able to navigate all the complications and issues and advise the clients through the purchase, resulting in an excellent outcome for all involved.

Daniel Fairs commented:

“The Coleman and Schwier families have been clients of Tees for a number of years, and I have worked closely with the clients for the last 4 years to understand their farming business. I was delighted to have advised the clients in connection with this complex purchase and worked closely with all the professionals to get this deal across the line. I hope to continue supporting the clients with expanding their business from both a farming and diversification point of view in the future.”

Coleman and Schwier families commented:

“We can’t speak highly enough of Daniel Fairs of Tees. We have used him for a variety of different cases, and we have always been pleased with his work. Daniel takes the time to explain things in layman’s terms, helping to clarify any and all points that can be lost in the translation of legal documents. We were also impressed with the solutions Daniel proposed to complicated situations that arose during the cases that he has taken for us. Daniel is an excellent solicitor, and we would thoroughly recommend him.”