Buying a listed building

Many buildings in England that were built before the Victorian era, are listed buildings, so it’s not that unusual to find yourself considering buying one. Before you take the plunge, read our guide covering what you need to know about owning a listed building.

Listed buildings are protected by law

This means owners need listed-building consent and planning consent for changes, even minor changes – and that applies to the inside, as well as the exterior. If you don’t get listed building consent before starting work, it’s a criminal, rather than a civil, offence! While this extra red tape shouldn’t put you off buying a listed building, you need to be aware of the challenges and potential extra costs involved before buying.

Additional challenges that buying a listed building brings:

  • getting permission from the local authority for any changes to the building can take a long time to organise
  • buying specialist insurance
  • additional costs to run the building and repair it, using specialist builders and specialist materials
  • modern adaptations, such as energy efficient changes like insulation or double-glazing, may not be allowed.

What is a Listed Building?

A listed building is one with special historical or architectural interest. It’s protected by the Planning (Listed Buildings and Conservation Areas) Act 1990). They are listed to preserve their special features for future generations of people to enjoy, protecting them from changes, which could damage the building, or are not ‘in-keeping’. In most cases, this covers the whole building (inside and out) plus structures attached to the building, including modern extensions. It can also include outbuildings and garden features.

Generally, listed buildings are from the 19th century or before. England has a good quantity of very old buildings and most of the ones built before 1700, that are still in the original state, are listed. Modern buildings can be listed if they are an example from a famous architect or a good example of a specific style or building technique.

Listed status is granted by the government (the department for Digital, Culture, Media and Sport) on recommendation from an independent panel of experts such as Historic England. There are approximately 400,000 listed properties in England, with three grades:

  • Grade I (2.5% of listed buildings) – buildings of exceptional interest
  • Grade II* (5.5% of listed buildings) – buildings of particular importance
  • Grade II (92% of listed buildings) – buildings of special architectural or historic interest warranting every effort to preserve them.

The different grades carry different limitations so if you’re thinking of buying the building, it’s vital that you know which grade it falls into.  Most Grade 1 buildings are owned by the government or major organisations so you will most likely be looking at Grade 2* or Grade 2.

Buying a Listed Building – a checklist of what to do

Although the buying process is the same, you will have different and multiple obligations even if you own the freehold. Never make any assumptions about what you will be able to change. Ask an expert before you buy the property.

  • Find a listed building expert  – the Historic England website has a guide to experts.
  • Do a listed building map search if you’re viewing older properties (1900 and before) that aren’t advertised as being listed, just to make sure.
  • Understand why it was listed. The National Heritage List for England will give you the date it was listed, the grade and a description of the listed building, along with the explanation as to why it was listed and the details of the restrictions which helps you understand what you won’t likely be able to change.
  • Gather all the details together and make sure they’re accurate before you buy the property because you won’t be allowed to change the elements that are listed. Take particular care with extensions – the restrictions may well cover an extension as well.
  • Get a specialist survey – do not skip this step! Consult with the specialist surveyor who’ll be knowledgeable about construction materials, period features, points of historical interest – their survey report will be very helpful.
  • make sure you have evidence of previous consent to carry out building work. If the previous people didn’t get this, and you buy the property, it will be up to you to fix any errors; this could be extremely expensive.
  • Find out if you can get a grant from organisations like Historic England to help pay for repairs. Research grants to find out more about your building may also be available.

What does the local conservation officer do?

You need to make a friend of this person! They will:

  • tell you what you can and can’t alter – you will need consent from them
  • help you check the planning history to see if there has been any subsequent documentation and crucially whether any unapproved changes were made in the past. If you buy the house, you could be liable for putting those right.
  • explain the process which includes consultations prior to the submission, to help make it more likely you will get consent.
  • help you with the large amount of detail needed, which is far more than for a planning application.

Planning a listed building renovation

You must get consent for everything. Don’t be tempted to leave some things out of your application.  Take care over ‘like-for-like’ changes, for example roof tiles and windows, as the rules are complex. You may need to apply separately for every change, for example, a new conservatory, new roof space, swimming pool. Remember the process isn’t fast, so leave plenty of time.

The purpose of listed status is to preserve the building. Kitchens and bathrooms apart, you may struggle to get permission for changes. The planning experts will probably be more keen on changes that bring the building back to how it was in years gone by, when it was first built.

Talk at an early stage to the experts: tradespeople, traditional craftspeople and specialist architects. Listen to their advice because they will have done this many times and their advice will likely save you time and money.

If you get the go ahead, you’ll have to pay a listed building consent fee, the cost of which depends on the scale of your renovations.

Modifying a listed building

You will be allowed to change some things and in fact some changes may be necessary to keep it watertight and in good repair. Common modifications for which you should get consent include:

  • new roof: take particular care with the style and materials used for roof tiles.
  • internal layout: altering floorplans by taking down internal walls or remove internal features; even though they are inside.
  • extensions: these are more likely to get the go ahead if they are smaller than the original building and/or if it’s in the same style, using similar materials.
  • windows: these have a major impact on the overall look of the building so replacing windows with similar traditional materials tends to get approval more easily. Double glazing can be a problem because it often doesn’t look in keeping, but there are alternatives such as secondary glazing leaving the original windows in place.
  • period features: fireplaces, cornicing, tiles, floorboards, windows – these sorts of features are likely to need preserving, whether or not you are particularly fond of them.
  • decorating: your personal taste does not have free rein! You may have to use certain paints or colours or styles to maintain the building’s character. Existing decor, if it contributes to the specialness of the building, will have to stay and be preserved.
  • exposing brickwork or timber: revealing the building’s original features also needs consent.

 

Older buildings can be in poor condition

Due to their age, even if they have been looked after, old buildings struggle to compete with modern houses when it comes to things like energy efficiency and keeping out the cold. Four things to look out for when assessing your prospective new home are:

  • Damp: many older buildings have it because they were built differently; they were built to ‘breathe’ and not built to be airtight. Make sure the roof at least is sound.
  • Plumbing: poor plumbing will be common and getting that sorted should be a priority to avoid disasters like burst pipes.
  • Electrics: similar to plumbing, the electrics could be ancient and therefore dangerous. The building regulations on electrics are strict and it’s likely you will need to spend money here. Poor electrics and timber-framed or thatched houses are not a good mix, so you’ll need budget to get the wiring done first.
  • Draughts: you’re unlikely to win any energy efficiency awards.  Ill-fitting windows, gaps in floorboards and poor or non-existent insulation all make for a chilly house. Getting that stuff fixed will all need consent.

Listed building insurance

You will need more than a standard policy. Get a specialist insurance policy that does the following:

  • takes into account the higher cost of specialist tradespeople
  • covers you for any unauthorised changes that were made by previous owners that may come to light. You will be liable for those even though there were nothing to do with you
  • covers the elevated costs of rebuilding in the event of a disaster such as a fire. Organisations such as English Heritage will want it returned to its original state and what that costs is not their worry!

While your insurance policy may be more costly than for a three-bed semi, the peace of mind it brings will be invaluable.

Should I buy a listed building?

Don’t let listed status put you off.  If you go ahead, you will become the owners of a beautiful home that stands out from the crowd, is brimming with character and will likely retain its value well, all other things considered. Just make sure you take care with every detailed step. Having an expert conveyancer on your side is always a good idea, so you can rest easy knowing nothing has been overlooked.

New academy at Tees Financial launches with first two participants

Tees Financial has launched a new adviser academy, to train aspiring Financial Advisers. ‘The Academy at Tees Financial Limited’ has enrolled its first two participants, who will follow a structured two-year apprenticeship programme that combines studying for the CII’s Diploma in Financial Advice, with hands on experience of the day-to-day role of a financial adviser.

As well as studying for their Level 4 Financial Adviser exams, the Academy participants will learn on the job, shadowing experienced Tees financial advisers. The programme will provide participants with key objectives to take away from every stage and gives a broad experience of the different roles across the whole of the Firm.

James Appleby, Managing Director of Tees Financial Ltd, commented “The Academy at Tees Financial Ltd is a key part of our long term growth strategy, and we’re proud to be investing in young talented individuals who represent the future of financial advice.

People person

Percy Sam is one of the Academy’s new recruits. He studied Industrial Design at Bournemouth University, graduating with a master’s degree in 2020. Soon after, he started a full-time office role with Tees Financial Ltd in the Bishop’s Stortford office.

A self-proclaimed “people person”, it didn’t take him long to get to know everyone by name. In November 2021, he saw an advert for the Academy and, encouraged by his colleagues, applied.

Before his interview, he talked to as many Financial Advisers as possible in order to understand the role and whether he really wanted to do it. “I want to help people” Percy says. “Managing your finances isn’t something they teach very well at school”.

Supportive environment

Having successfully passed the application process, Percy started his two-year journey in September 2022. The first month has been “exciting”, he says. “There’s not enough hours in the day!

As well as getting used to the course structure and “financial services jargon”, he has started studying through the online learning course. He’s particularly excited to start shadowing advisers: “You get to learn whilst on the job and you get to see how it all works in practice as well as theory”.

Tees is such an amazing place to work” he adds. Experienced advisers are “open and interested to talk about what they do”, which creates a “very supportive” learning environment.

Fitness to finance

Guy Pearson, who studied Exercise, Nutrition and Health at Nottingham Trent University, is also the Academy’s new recruit.

After graduating in 2018, he set up as a Personal Trainer, before the pandemic disrupted his business and prompted him to change career paths. “There are actually a lot of similarities between personal training and Financial Advice” Guy notes. “Both are, fundamentally, about assessing someone’s current situation, finding out where they want to be and planning how they’re going to get there.

In 2021, Guy joined a large advisory firm but felt that the programme lacked the support and resources needed to study for the Financial Adviser exams. That was when he decided to apply to the Academy at Tees Financial Ltd.

Structure and support

Guy was drawn to the structured approach of the Academy, which allows him to combine a carefully planned study schedule with on-the-job work experience. Tees provides all the support and resources needed for them to excel in the Financial Adviser exams, as well as abundant opportunities to learn from experienced advisers.

Having started in August 2022, he has already begun shadowing advisers. “It’s a great way to gain first-hand experience of the work” he says. “For four days a week, I get to shadow financial advisers, then one day a week I’m following the structured online learning.

He appreciates the certainty of having the whole pathway mapped out in front of him, as well as knowing that, after two years, he will be a fully qualified Financial Adviser, with abundant work experience to boot.

Role models

The common factor between Percy and Guy is that neither of them expected to end up where they are now.

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.

It wasn’t even on my radar” Percy admits. “I knew nothing about financial advising before joining Tees!” Having found his calling now, Percy is ambitious: he wants to become a Level 7 Financial Adviser. “I’ve always wanted to keep progressing” he says. “My goal is one day to match the experience and knowledge of the Tees Financial Advisers.

Community impact

The Academy at Tees Financial Ltd is a rolling programme, which will welcome one or two new recruits each year. Part of Tees Financial Ltd’s longer-term growth strategy.

We have a highly professional and experienced team of financial advisers at Tees and The Academy is a chance for them to share their wealth of knowledge with people at the start of their careers” says James Appleby.

The Times’ Best Law Firms 2023

Tees Law has been named for the first time in the prestigious ‘The Times Best Law Firms’.

Now in its fifth year, the list recognises the most highly regarded law firms as recommended by legal professionals. Statista, an international market research firm, conducted surveys among thousands of lawyers and used their responses to identify the leading 250 law firms in England & Wales, and the top 40 in Scotland.

Tees was commended for the Private Client- Inheritance and Succession Planning work.

Group Managing Partner Ashton Hunt said “Our inclusion in The Times list acknowledges our expertise and market-leading client experience. Our significant talent across our firm and a consistent commitment to excellence allows us to provide the best possible service to our clients.”

You can see the full list here (Best Law Firms 2023 in cooperation with Statista | The Times)

Tees announce Total Arts project as their first Better Future Fund grant recipient

The Tees Better Future Fund was setup in May 2022 to offer grants up to £5,000 for projects that support learning and education and promoting good health and well-being in Cambridgeshire, Essex and Hertfordshire.

We have now completed the first round of applications and we are very pleased to announce that one of the first two community projects to receive a Tees Better Future Fund Grant is the Total Arts project at The Cambridge Junction.

Cambridge Junction is a registered Charity whose objectives include: promoting, maintaining, improving and advancing the education of the public (in particular younger people in Cambridge) in the appreciation of and participation in the arts; and relieving poverty, sickness and distress among young people.

Cambridge Junction’s Total Arts programme has been running for 12 years and focuses on providing creative learning opportunities to young disabled people. It provides opportunities for 13- 25-year-old’s with a range of physical and learning disabilities to develop their skills at their performing arts groups. Participants can explore their passions for the arts, learn new skills and make films. As their confidence has grown some are now ready to take on leadership roles and share their skills with the next generation of disabled young people. Total Arts ‘graduates’ are excellent role models, exemplifying how young people with complex needs can grow their skills and play a valuable role in sharing their expertise.

A £5,000 grant from the Better Future Fund will fund an expansion of the Total Arts programme so that ‘graduate’ trainers work alongside an art producer and a filmmaker to work with young people from Castle SEN School (on Courtney Way) and the new autism specialist Cavendish School (in Impington).  It will also enable both the Castle SEN school and the Cavendish specialist school pupils to attend a professional arts venue and performance, experiencing the magic of live theatre.

The project will start with attendance at The Nutcracker, Cambridge Junction’s inclusive Christmas show, created by Moxie Brawl’s company of disabled and non-disabled artists. This will be followed by a tailored workshop and film making sessions in the Spring.  The workshops will include some skills building around basic story-telling skills, devising and scripting scenes and shooting and creating a film.  The films created will be celebrated next summer at the Total Arts Film Festival.

The support from the Better Future Fund will allow for inter-generational skills development for both the Total Arts ‘graduates’ as they become trainers, as well as the pupils from these schools.   The trainers receive paid work and experience and the pupils are helped to imagine how they might develop their interests in a realistic and meaningful way.

Janine Collier, Co-Head of Tees’ Social Responsibility, said, “the Cambridge Junction is a charity embedded within our community just like Tees. I love the vision that the Junction has for the extension of the Total Arts programme – it is inter-generational and sustainable, creating opportunities for young people with complex needs to build skills, increase in conference and improve mental health and well-being as they explore their passion for creative arts.  We look forward to partnering with the Junction over the forthcoming months, to hearing the lived experience of the participants and to seeing lives changed”.

Caroline Andrews reflects after speaking at AEPOCS conference

Caroline Andrews, a Fertility Law Solicitor, was invited by the Androgen Excess and Polycystic Ovary Syndrome Society (AEPCOS) to speak on behalf of Verity, a national charity for PCOS, at their annual conference in California, USA. She attended in her role as a volunteer trustee.

At the conference, Caroline emphasised the importance of providing comprehensive support to patients with fertility-affecting conditions. Beyond medical interventions, she highlighted the need for emotional and legal support in an increasingly complex world.

Reflecting on her experience, Caroline noted the stark differences between Fertility Law in the USA and in England and Wales. She shared her insights on fertility treatment and surrogacy practices across these jurisdictions.

Caroline’s perspective on fertility law differences

“It was fascinating to observe how fertility treatment and surrogacy laws differ in the USA compared to here.

In some US states, anti-abortion laws have led to embryos being granted ‘personhood rights.’ This legal shift has significant implications for IVF procedures. In contrast, England and Wales are governed by the Human Fertilisation and Embryology Authority (HFEA), which provides clear regulations on the storage and use of embryos. Hearing firsthand from American women about the impact of Roe v Wade’s repeal was deeply moving.

In July this year, an amendment to the HFEA Act 2008 extended the storage period for embryos, sperm, and eggs to 55 years, subject to the consent of both parties every ten years. Cases in England have debated what constitutes valid consent, particularly when one party passes away. A notable contrast is the USA, where legal disputes like the high-profile case of Sofia Vergara and her ex-partner have brought these issues to light. With more people considering the freezing of eggs, sperm, or embryos, understanding both the medical and legal implications is essential.

Some US states have introduced laws requiring medical insurance to cover certain fertility treatments, helping mitigate the significant costs involved. Meanwhile, in England, the Competition and Markets Authority (CMA) released a report in September 2022, highlighting compliance issues in fertility clinics and concerns about unexpected additional costs. This report is a valuable resource for anyone considering fertility treatment.

Surrogacy law: An international perspective

Regarding surrogacy, the legal framework in England and Wales is often viewed as outdated. The surrogate remains the legal parent until a parental order is granted post-birth. Although the Law Commission has proposed changes to modernise surrogacy law, implementation remains a distant prospect. As a result, some individuals pursue international surrogacy, but they must be cautious about the varying legal restrictions across US states and in England.

A final thought

As a patient representative in my spare time, I’m acutely aware of the emotional, physical, and financial toll of fertility treatment. However, as a family lawyer, I believe it’s equally important for people to consider the legal implications of their choices. How these laws will evolve remains to be seen.”

Stay tuned for a video link to Caroline’s full presentation.

NFU confirms appointment of its legal panel firms in East Anglia

The NFU has confirmed the outcome of its 2022 review of legal panel firms, with two firms reappointed to the panel in East Anglia.

Tees and HCR Hewitsons have been reappointed after a review that assessed the firms’ legal services, engagement with the organisation and its members, as well as feedback from NFU members and staff.

NFU director of policy Andrew Clark said: “The legal panel is an important feature of the NFU’s legal services offering to our members and I am delighted to confirm the reappointments.

The NFU’s panel firms are committed to supporting NFU members and have clearly strengthened their agricultural and rural teams over the past few years. Their broad expertise is highly valued by our in-house legal team and NFU members.

Tees has been reappointed to help members farming in Essex, Hertfordshire and Suffolk. Partner Caroline Metcalf said: “We are pleased to have been selected to be on the NFU legal panel again. Being selected really demonstrates Tees’ depth of legal knowledge and expertise in agricultural and rural issues.

The firms appointed to the legal panel offer a comprehensive legal service encompassing all areas of law relevant to farming and growing, including succession planning, diversification, renewable energy, dispute resolution, planning, probate, family and conveyancing. In the latest financial year, the panel offered a total discount of over £500,000 to NFU members.

NFU legal board chair Nick Hamer said: “The aftermath of Brexit and the Covid-19 pandemic created several challenges for farming and growing businesses”

We are entering a period of transition for the industry and this undoubtedly puts the legal panel in high demand, providing expert advice to NFU members on a wide range of legal matters.

BBC News – Peterborough City Hospital: Ex-doctor warned over treatment withdrawal

Dr Andrew Gregg worked at Peterborough City Hospital, where 41-year-old Simon Scott died in January 2016. A misconduct panel found Dr Gregg “failed to adequately consult with any clinical colleagues regarding [the] decision to withdraw active treatment”.

Speaking on behalf of Mr Scott’s family, Tim Deeming from Tees Law said: “They are incredibly disappointed by the outcome and hope that the coroner’s inquest in due course will be a full, frank and fearless investigation into all of the circumstances.”

Read the full article; Peterborough City Hospital: Ex-doctor warned over treatment withdrawal.

Can schools ban sausage rolls? Understanding healthy eating policies in schools

A primary school in Bradford found itself under fire from some parents who have called the school’s new healthy eating policy “ridiculous.”

The school banned items such as sausage rolls, pork pies and squash from packed lunch boxes in a bid to encourage healthy living at an early age. The policy is a whole school policy impacting on all pupils who attend. But it does raise the question, can schools really dictate what children eat during the day?

Tees’ Polly Kerr is an education lawyer advising parents on education matters such as: exclusions, appeals, special education needs and education health and care plans. In this article, Polly explains more about lunchbox rules.

In January 2015, the government introduced a new set of rules and regulations, which governed the type of foods that schools could provide to pupils during the school day and it became the responsibility of the school to ensure that they met (and continue to meet) the School Food Standards practical guide updated May 22. These include the following:

  • 1 or more portions of vegetables or salad as an accompaniment every day
  • at least 3 different fruits, and 3 different vegetables each week
  • an emphasis on wholegrain foods in place of refined carbohydrates
  • an emphasis on making water the drink of choice:
  • limiting fruit juice portions to 150mls
  • restricting the amount of added sugars or honey in other drinks to 5%
  • no more than 2 portions a week of food that has been deep fried, batter coated, or breadcrumb coated
  • no more than 2 portions of food which include pastry each week

Interestingly the School Food Standards regulations do not apply to academies established between September 2010 and June 2014 but it is recommended that they be used as a guide and adopted voluntarily by these schools.

There are some exceptions to these rules, such as parties or celebrations, fund-raising events, rewards for achievement or good behaviour, food used for teaching food preparation or cookery skills and on an occasional basis by parents or pupils. So the odd chocolate bar for celebrating a classmate’s birthday is not prohibited by the regulations.

Schools in England must also provide free drinking water to all pupils at all times whilst they are in school and are prohibited from selling drinks with added sugar, chocolate or sweets in vending machines.

Whilst the government have tightened the rules around food supplied by a school in a bid to make children healthier, packed lunches brought in from home are not caught by the regulations.

However, schools are allowed to set their own policies regarding the types of food consumed on their premises during the school day and, provided that the policies implemented by the schools do not breach the school’s obligations under the Equality Act 2010 or any other relevant legislation, schools are free to determine what their pupils bring to school to eat during the day and, if their policies allow, to confiscate or challenge the inclusion of prohibited items within packed lunches.

This article was originally published in November 2017 in Salad Days (http://www.saladdaysmag.uk/).

To check if your child can get free school meals in England and apply to your local authority website – visit Gov.uk

Ideas for your child’s packed lunch:

Divorce financial settlements: Your comprehensive guide

Navigating the financial aspects of a divorce can be overwhelming. One of the most important steps is reaching a fair financial settlement, ensuring both parties can move forward independently. While every divorce is unique, this guide outlines how settlements are typically decided, the factors that influence them, and how you can protect your financial future.

What is a divorce financial settlement?

A divorce financial settlement is an agreement between you and your spouse on how to divide your assets, debts, and finances after separation. Once approved by a court through a consent order, it becomes legally binding, preventing future claims.

How to achieve a fair financial dettlement

Step 1: List and value your assets

Create a comprehensive list of all your assets and debts. This may include:

  • Property: Family homes, rental properties, and vacation homes
  • Savings and investments: Bank accounts, pensions, stocks, and shares
  • Personal belongings: Vehicles, jewelry, and artwork
  • Business interests: Companies, partnerships, or self-employment assets
  • Debts: Mortgages, loans, credit card balances
Step 2: Consider mediation or legal assistance

For amicable divorces, mediation can help you negotiate directly. For more complex cases, hiring an experienced divorce solicitor can ensure your interests are protected. Courts are typically a last resort when agreements cannot be reached.

Factors influencing asset division

Courts aim for a fair division of assets, but this does not always mean a 50/50 split. Key factors include:

  • Children’s needs: The welfare of any children is a top priority.
  • Length of marriage: Longer marriages often lead to more equal divisions.
  • Income and earning capacity: Future earning potential may be considered.
  • Health and age: Medical conditions may influence financial support needs.
  • Standard of living: Courts may seek to maintain a similar standard of living.
Understanding matrimonial vs. non-matrimonial assets
  • Matrimonial assets: Acquired during the marriage or through joint efforts (e.g., family homes, pensions, joint savings).
  • Non-matrimonial assets: Usually acquired before or after marriage or through inheritance. These may be excluded from the settlement unless required to meet needs.
Addressing common questions

1.Will my partner receive half of my assets?

Not necessarily. Courts aim for fairness, which may involve unequal divisions depending on needs, contributions, and other circumstances.

2.What happens to my pension?

Pensions are often included in settlements through a Pension Sharing Order, giving one spouse a percentage of the other’s pension.

3. Who is responsible for debts?

Debts incurred during the marriage are generally shared. However, personal debts may remain the responsibility of the individual.

4. What if my partner hides assets?

If asset concealment is suspected, courts can investigate and impose penalties. A financial expert can assist in uncovering hidden funds.

5. Is my inheritance at risk?

Inheritances are often excluded from settlements, especially if received post-separation. However, they may be considered if needed to meet financial obligations.

Finalising your divorce settlement

Once you reach an agreement, a solicitor can draft a Consent Order to submit to the court for approval. This legally binding document ensures financial closure.

If agreement cannot be reached, the court will make a ruling based on the specific circumstances of your case.

Need expert legal support?

Navigating financial settlements can be complex. Seeking guidance from our experienced divorce solicitor can provide clarity and ensure your interests are protected. Contact us today for a confidential consultation.

My career as a commercial property lawyer

High-quality work right on my doorstep: As part of our new series of ‘talk to Tees’ we will be talking to our lawyers and other team members about their time and experiences. In our first episode we speak to Kay Piper, commercial property partner, about her move from a London firm to Tees.
Q: Why did you choose to work for Tees?

It is a very well-established brand and I was impressed with the forward-thinking structure Tees has and the ability that this gives Tees for succession planning and investment into the firm. Tees is in a strong place as a business and on a progressive, growth trajectory. As I live in Bishop’s Stortford it gives me the ability to have a varied caseload of excellent quality work with clients, and also with properties that are familiar to me. There is the added benefit of working so close to home that I get to spend more time with my family and the commute is lot shorter than previously. Having the office nearby gives me lots of flexibility and choices for the best way to work.

Q: How do you find the work you’re now doing?

You always want quality work – the real complex interesting work where we can add value, and there is never a shortage of this at Tees. My workload keeps me very busy, and the variety makes it extremely interesting.

I work for a wide range of clients including large landowners, farmers, developers of all size, companies and high-net-worth individuals. We offer a bespoke, all-round service to these clients and there is lots of client interaction which I’ve always enjoyed. We get to know our clients and become their trusted advisers.

Q: How big is the team and how does it operate?

The commercial property team covers five of Tees’ six offices, with the largest team sitting in the Bishop’s Stortford office. Overall, there are five partners, two consultants (who are former partners at Tees), seven solicitors, three paralegals and a trainee solicitor.

We each have our own workload and clients, but we also work together in sub-teams on the more complex matters. I enjoy working with the team to come up with the best solution for the client.

We recognise that our clients might require other services from other teams, such as advice on company commercial matters, property litigation and from the private client team for advice on estate planning for those selling their land. With Tees having a breadth of experience and services, we are able to offer our clients a one stop shop for all legal and financial requirements.

Q: Is your team expanding?

Yes absolutely. We are always looking for new people to join the team and it is a very interesting time to join Tees with our future plans of growth. Client demand is high, so we need to keep up with this.

Q: How do you see the commercial property market currently?

The market is buoyant and there is a lot of movement, especially in relation to residential development. As with most things, the Covid pandemic has had an impact on the market, especially the retail aspect, but we are seeing this change and the retail market is beginning to pick up again.  There is talk of a recession and/or a slowdown in the property market on the horizon.  With our breadth of services, Tees is excellently placed to withstand any changes to the economy.

Q: What’s the working culture like at Tees?

In short, it’s great. We are supportive and collaborative in the way we work. We enjoy working hard but encourage everyone to talk to each other and find the best solutions for our clients in a good team working environment. Tees knows its people are key to its success and from my experience is committed to giving everyone the chance to be their best to succeed and grow. I am part of our trainee recruitment programme and it’s fantastic to be part of this important initiative. Many of our Partners trained at Tees which is a testament to the investment and trust we put in our people.

We operate in an open plan office with an ‘open-door’ policy: questions and running things past each other are encouraged – even when people are working from home. We discuss matters regularly in our weekly team meetings or monthly department meetings. I really like that Tees is a multi-discipline firm because clients are often looking for advice that crosses several departments, so we really get to see the whole project through and spend time with our clients.  All in all, I’m delighted with the choice I made to move to Tees.

A complete guide to No Win No Fee claims

What is no win no fee?

A no-win, No-fee arrangement ensures you don’t pay any legal or associated costs unless your case is successful. If you win, most of your legal costs are paid by the Defendant.  A small portion of your compensation may be used to cover legal costs not paid by the Defendant. The majority of our clients choose this option for peace of mind and affordability.

How do no win no fee claims work?

Most of our claims are funded using our funding package, which means if you lose your case, it should not cost you a penny.  The package includes a conditional Fee Agreement, a loan facility and after the event insurance. The package will ensure that you do not have to pay our costs, or any third-party costs, as your case progresses. If you win your case, we will recover most of the costs from the defendants and we will deduct a success fee, the insurance premium, the loan facility fee and any unrecovered costs from your compensation.

Making a no win no fee claim

The first step is to give us a call. We have a team of friendly lawyers who will listen to you and advise you on the next steps.  It’s free to talk to us and we will advise you about the different ways the case can be funded, including no win no fee, legal aid,  legal expenses  insurance and any other available options We will give you detailed information about how the funding works and everything will have been explained carefully. We make sure that people who have experienced injury and damage because of medical negligence can access legal advice.

With Tees you can make a no win no fee claim for a very wide range of medical negligence situations including the following:

  • Accident and emergency claims
  • amputation claims
  • birth injury claims (baby)
  • birth injury claims (mother)
  • cancer misdiagnosis claims
  • cerebral palsy claims
  • child injury claims
  • cosmetic surgery claims
  • ear, nose and throat claims
  • eye claims
  • fertility claims
  • gall bladder claims
  • gynaecology claims
  • GP claims
  • hernia claims
  • medical consent claims
  • orthopaedic claims
  • sepsis claims
  • spinal injury claims
  • surgery claims
What are conditional fee agreements?

Conditional Fee Agreements (CFAs) are contracts agreed between a client and a solicitor when starting a claim for compensation. They set out how the solicitor’s fees, or a part of them, will be paid. This payment will be only on the condition of certain circumstances – which is most often if the case is won. A conditional Fee Agreement is the formal name for the agreement that is commonly referred to as No Win, No fee. It’s often linked to legal advice such as medical negligence or personal injury where compensation could be awarded.

How does a conditional fee agreement work?

If you lose the case, you do not pay.  The legal fees are written off. We are able to arrange insurance for you which provides full cover for any third party expenses, e.g. medico-legal expert fees, court fees, if the case is unsuccessful.  The insurance premium is deferred and self-insured, which means that if the case is unsuccessful, you do not have to pay a penny.

If you win the case and receive compensation, the defendant will pay the majority of your legal fees and expenses.  You do pay your solicitor a ‘success fee’ from your compensation to reflect the fact that in running your case, the law firm has taken the financial risk and in most cases, will not be paid for many years for the work that they have undertaken.  If there is insurance in place, you will need to pay part of the Insurance premium.  You may also need to pay for any other associated costs with funding the case, such as loan fees or costs that are not recovered from the Defendant.

In a no win no fee case, it is the solicitor that is taking the main financial risk because if they don’t win the case for you, they won’t be paid.  We spend a lot of time reviewing the facts and considering the medical and legal position at the outset as it is in no-one’s interest to run a case that is never going to succeed.  At Tees, this initial assessment is free.  We will not advise you to proceed unless we are confident you have a good chance of winning the case.

Is there any risk in no win no fee?

As long as you take out insurance to cover any third party expenses and any costs you may be ordered to pay the defendant throughout the case, you can pursue the case without carrying any financial risk.

We always recommend that a client takes out insurance and can arrange this for you.  That way, you can pursue your case with absolute peace of mind, provided that you keep your responsibilities under the agreement.  These include co-operating throughout the case, attending any necessary expert examinations and/or court hearings, and giving instructions that allow us to do our work properly.

One important exception to the rule is that if you are found to be fundamentally dishonest by the Court, the no win no fee Agreement will be invalidated and the Insurance Policy will be void.  This means that you will become liable for the full costs of the litigation.

If you’re thinking of starting a no win no fee claim, it’s important that you work with a solicitor who will take the time to discuss all the implications and options.

 How to cancel a no win no fee claim

In certain circumstances, you have the right to cancel the Agreement within 14 days of signature.

After that time, if you wish to cancel the agreement, you need to talk to the solicitor working on your case. They will be able to advise what options are available to you.

BBC News – Cheltenham: Baby death prompts change in hospital’s guidelines

A hospital’s guidelines for referring mums-to-be for specialist maternity help have been changed after the death of a baby at a midwife-run NHS centre.

Margot Frances Bowtell was born 14 May 2020 at a unit in Cheltenham but died of a brain injury at three days old.

A report by the Healthcare Safety Investigation Branch (HSIB) found there was a failure to update mother Laura Harvey’s risk assessment after a bleed.

Solicitor Sarah Stocker of Tees Law said: “The midwives failed to follow national, and the hospital’s own, guidelines on multiple occasions during Laura’s labour.”

Read the full article; Cheltenham: Baby death prompts change in hospital’s guidelines.