Sarah O'Sullivan, Author at Tees Law

Inquest exposes continuing and dangerous risk of restricted items on mental health wards

Posted on 21 September 202130 March 2025 by Sarah O'Sullivan

A jury at Suffolk Coroner’s Court in Ipswich has delivered its conclusion in the tragic case of a Newmarket man who died while under in-patient care at a specialist mental health unit in West Suffolk. The six-day hearing followed a pre-inquest review last March.

HM Senior Coroner for Suffolk, Nigel Parsley, led the investigation into Joshua’s death on 9 September 2019. At the lengthy inquest, the jury concluded that 25-year-old Joshua Sahota died at Wedgwood House mental health unit in Bury St Edmunds as a result of asphyxia by deliberately placing a plastic bag over his head and using a bed sheet around his neck.

Lack of adequate risk assessment

The inquest heard that Joshua was a quiet young man who kept to himself. Staff only got to know him superficially, which limited their ability to assess the risk he posed to himself. Despite being classified as a high suicide risk throughout his admission, no effective measures were implemented to ensure his safety.

Joshua had previously attempted suicide by deliberately driving a car off a bridge onto the A14 near Newmarket. The jury was unable to determine his state of mind at the time of his death but highlighted several contributing factors including:

Insufficient staffing
Inadequate observations and 1-to-1 supervision
Poor documentation
Lack of access to a psychologist
Unclear restricted items policy

Prevention of future deaths report issued

The coroner has raised a ‘Prevention of Future Deaths Report’ not only with the Trust but also directly with the Minister for Mental Health and Patient Safety. This rare step underscores the severity of the restricted items issue at a national level.

Joshua’s admission to wedgwood house

Joshua was admitted to Wedgwood House, located at the West Suffolk Hospital site in Bury St Edmunds. Although the hospital site is under West Suffolk Hospital NHS Foundation Trust, Wedgwood House is managed by the Norfolk and Suffolk NHS Foundation Trust.

The Trust was previously rated as inadequate and placed under special measures in 2017 following a Care Quality Commission (CQC) review. Since November 2018, the Trust has faced 21 Mental Health Act monitoring visits, resulting in 96 required actions.

Unclear policies and inadequate staffing

The inquest exposed that the NHS Trust had no clear local policy regarding the possession of plastic bags, belts, shoelaces, and similar items on the mental health ward. Staff members followed inconsistent practices, leading to uncertainty around which items were permitted.

Additionally, the unit’s care plan for Joshua was deemed inadequate. On the day of his death, the ward was short-staffed, with only three members present instead of the required six. Staff also failed to conduct proper hourly observations, with no adequate observation of Joshua between 3:05 pm and 5:15 pm when he was found unresponsive.

Investigation findings highlight systemic issues

The Trust’s internal investigation further revealed serious shortcomings, including:

Lack of detailed risk assessments
Absence of professional curiosity
Inadequate psychological support due to a long-term shortage of staff
Poor holistic psychosocial assessment of Joshua
Risk management that failed to meet his needs

Confusion over restricted items was evident, with most staff believing plastic bags were not permitted. Despite discussions at a Trust patient safety meeting in October 2017 regarding plastic bags, no subsequent action was recorded.

Family response and call for improvements

Tees Law, representing Joshua’s family, stated that the inquest findings reflect concerns previously raised by Joshua’s father, Malkeet Sahota. These concerns were further exacerbated upon learning of other deaths at Wedgwood House in recent years.

“Joshua’s dad, Malk, and the family are incredibly grateful to the jury for their diligent and thoughtful conclusion, having heard detailed evidence over several days from numerous witnesses. Seeing that the jury recognised Joshua as an intelligent, polite, and well-loved young man is heartening.”

Malkeet Sahota has expressed a strong desire for systemic improvements in mental health care. He welcomed the coroner’s decision to raise a Prevention of Future Deaths Report to the Minister for Mental Health and Patient Safety, particularly regarding the communication of restricted item policies to families and visitors.

“The fact that the Coroner has raised concerns on a national level about restricted items on mental health wards and the importance of communicating these issues with families shows just how vital inquests like Joshua’s are,” Tees Law concluded.

Delayed diagnosis and the role of X-rays, CT scans and MRI scans in medical negligence claims

Posted on 6 August 202124 March 2025 by Sarah O'Sullivan

Radiology, including X-rays, CT scans and MRI scans, is a routine part of healthcare used to identify problems, guide treatment and exclude potential diagnoses. Failures in radiology services can unfortunately lead to failures in identifying potential abnormalities and delayed or misdiagnosis.

Our medical negligence solicitors are experts at dealing with claims resulting from delayed diagnosis, failure to diagnose and misdiagnosis. The team also handles cases involving failures to identify or report on suspicious or abnormal features following an X-ray, CT scan or MRI scan, and failure to make appropriate recommendations for referral.

Sadly, we are seeing a rise in delayed radiology cases as a direct result of the ongoing pressure on the NHS and some underlying factors impacting the delivery of imaging services, resulting in life-changing consequences for patients and their families.

How do delays to scans occur?

When a patient is referred for an x-ray, MRI or CT scan there should be a set time frame within which this is carried out, depending on the reason for the referral. Unfortunately delays in referrals and failings in communication between different departments and health providers can mean that these targets are not met, leaving the patient with a potentially delayed diagnosis.

Once the imaging is undertaken it is then reviewed by the relevant clinician, and a report is prepared. Where possible, images should be compared to any previous order to highlight developments and changes over time, although a clinician’s ability to do this is reliant upon previous imaging being available to them at the right time.

Claims resulting from the failure to identify suspicious features leading to delays in diagnosis of health issues such as cancer have devastating consequences and in some cases have led to the avoidable death of a patient.

Once the scans have been reviewed, any abnormal findings should then lead to referral to further investigation or treatment. Again, delay at this point is a frequent and potentially significant problem, as miscommunications between departments and systems or flagging errors occur due to many different factors.

What is the impact of delayed diagnosis following a scan?

Delays in diagnosis as a result of poor radiology practices can be devastating particularly in cases where patients are suffering from conditions or diseases where timely diagnosis and treatment is of paramount importance, such as cancers or acute respiratory events.

It is not unusual for there to be a number of errors throughout the process, each representing a missed opportunity for earlier diagnosis and treatment, which can ultimately lead to lengthy delays in diagnosis and treatment.

Our medical negligence team has recently dealt with cases involving:

A 7 – 22 month delayed diagnosis of lung cancer following a failure to arrange correct imaging in November 2018 and to follow up abnormalities identified on imaging in March 2019 and February 2020. Diagnosis was not made until September 2020.
Incorrectly reported ultrasound undertaken by an outsourced radiology provider in November 2018, as a result of which the patient suffered a delay in diagnosis of colorectal cancer between approximately November 2018- May 2019 which impacted upon her treatment options and life expectancy.
Failure to identify a lung lesion as suspicious for malignancy on a CT scan and negligently reporting the lesion as a benign pleural cyst. The scan was undertaken at an NHS hospital but the reporting was outsourced to an outside company. As a result, the patient suffered a delay in diagnosis of around 11 months leading to the progression of his disease and denying him the opportunity for curative treatment- ultimately his death could have been avoided.
Failure to identify an abnormality on a chest X-ray and to refer for further investigation. As a result the patient suffered a delay in diagnosis of lung cancer of around 8 months, leading to a loss of life expectancy of around 10 years.
Failure to report a hepatic flexure tumour on CT scans in both June and November 2018. Potentially a further failure to miss an abnormality in November 2017. As a result, our client had a delay in diagnosis of colorectal cancer for 16 months, potentially 24 months.
Failure to refer for appropriate follow up after identifying a vestibular schwannoma (auditory benign tumour) leading to a delay in informing our client of this finding and putting a treatment plan in place of 21 months. As a result of this delay, the tumour grew and our client developed hydrocephalus with associated balance, continence and cognitive symptoms, required admission to hospital for around a month, developed permanent facial palsy with associated visual, cosmetic and speech issues, required shunt insertion surgery and was unable to undergo standard radiotherapy treatment.

What are the factors leading to medical negligence claims relating to radiology?

a concerning shortage of radiologists in the United Kingdom. With radiology services often stretched and under pressure to achieve quotas and targets, the risk of human error increases
systems errors and poor referral methods. Different hospitals, health centres and departments frequently use different systems and referral pathways, making delays and missed requests more likely
outsourcing of radiology. Due to the lack of radiologists a number of NHS Trusts have begun to send imaging to external companies for review, some of which are outside of the UK. Issues in reporting standards in outsourced reports seem to be increasing, and there are additional problems in ensuring the external radiologist is provided with the correct supporting medical records and previous imaging
lack of correct equipment, equipment errors or cost constraints on how many patients may be referred for imaging

A recent report by the Parliamentary and Health Service Ombudsman (PHSO) has shown recurrent failings in the way radiology is reported on and followed up across NHS services, and the PHSO has written to the Government recommending urgent improvement to NHS imaging services be implemented as a priority.

Some important things to consider if you require radiology services

It can be difficult for patients to avoid errors as predominantly it is the reporting of the radiology which is the issue, however there are some practical tips to consider if you find you require radiology:

If referred for radiology ask what the timeframe for this should be and which hospital and department the referral will be made to
Re-iterate your symptoms to the clinician carrying out the imaging, and let them know if anything has changed since your referral
When discussing the results with your clinician, ask whether there were comparisons to any previous imaging or any ambiguous findings
If you are concerned that there has been an error in the reporting of your imaging flag this to the clinician and ask for an immediate review
If you are referred for further investigation or treatment following radiology check what the timeframe for this should be, when you should hear further, whether you need to make an appointment yourself, and who the referral will be made to

Here at Tees we are experienced in dealing with a range of claims relating to issues in radiology, and work with a number of eminent independent experts to ensure that no stone is left unturned in investigating the standard of care provided.

If you are concerned that there were failings in your care or potential delays to your treatment as a result of issues or errors in radiology we work on a no-win, no-fee basis, and would be happy to discuss your experience. We’re here to help.

UK logistics company Trans Orbis Forwarding Limited fights procurement fraud

Posted on 16 July 202127 March 2025 by Sarah O'Sullivan

Trans Orbis Forwarding Limited, a UK-based haulage company, has become the (almost) forgotten victim of a scam involving a European freight exchange. Our dispute resolution team has been steering them through this tricky and stressful situation.

Fraudulent activity on haulage booking platform

Timocom is the largest transport web platform in Europe, allowing jobs for hauliers to be posted and booked on its site. A fraudster succeeded in setting up a fake profile, which claimed to be our client and started accepting genuine bookings from third party suppliers to transport loads from one destination to another across Europe. These were genuine jobs that the fraudster was then paid for.

The fraud was simple: a third party would instruct the ‘Fake Company’ to take a load from, say, Spain to Italy. ‘Fake Company’ would then post the job on Timocom posing as Trans Orbis Forwarding Limited, even using our client’s directors’ name with fake email addresses and telephone numbers. An unsuspecting haulier who had returned to Spain having completed a job in France would then, with an empty rig, pick up the job from Timocom and take the load from Spain to Italy. The third party would then pay ’Fake Company’ for the job, which had legitimately been carried out, and ‘Fake Company’ would then disappear. The unsuspecting haulier would, in the meantime, raise an invoice to our client Trans Orbis Forwarding Limited, who had no knowledge of the job whatsoever, having never been involved in any European haulage!

Trans Orbis Forwarding Limited faced with huge invoices and threats of court proceedings

Trans Orbis Forwarding Limited owner Dave Shaw first sought out the advice of our dispute resolution team having received a worryingly large number of high value invoices for work they had no involvement with, along with letters threatening court action.

Tees support Trans Orbis Forwarding Limited

Polly Kerr, a Senior Associate in our dispute resolution team, set about reporting the matter to the fraud office, and investigating the origin of the claims, which involved resolving a number of jurisdictional issues since the fraud was being perpetrated in Europe. Letters were issued to hauliers across Europe who have invoiced our client for work they were led to believe was carried out. One such haulier said he would be financially ruined because he has never received payment. Another company has recently issued proceedings in Romania and Polly has used our connections to work with a law firm based there and is assisting with the court proceedings process.

Future consequences of the fraud

On the case, Polly said: “This is a clever fraud and whilst our client’s losses are thankfully minimal, hauliers across Europe are being stung multiple times. No one has issued proceedings in England yet but it’s only a matter of time”.

Polly is working with Trans Orbis Forwarding Limited to raise awareness of this kind of procurement fraud within the logistics sector so that other haulage businesses may avoid encountering similar issues. Polly commented: “Ultimately Timocom need to step up on their due diligence. We have been putting pressure on them through this matter to improve their service – we know that this is not an isolated incident as hauliers across Europe have also been affected.”

Our client’s words

Transorbis Forwarding Limited owner Dave Shaw said: “I am so pleased I found Polly and she was able to guide me through this situation. She even found me an English-speaking lawyer in Romania to assist with the proceedings over there. It is a huge relief to be able to send over any potential claims and for Polly to act very swiftly to bat them away and sign post unsuspecting hauliers to the requisite authorities.”

This type of fraud could affect freight forwarders, dispatchers or any company working in manufacturing and trade sectors.

Medical Negligence: Plastic surgery claims

Posted on 6 July 202124 March 2025 by Sarah O'Sullivan

Figures suggest that plastic surgery procedures are starting to become popular again, as more people opt to go under the knife. Sarah Stocker, Solicitor in Tees’ medical negligence team in Cambridge, examines the plastic surgery landscape.

If your plastic surgery doesn’t go as planned, you may have options to seek compensation. Many claims arise when doctors fail to adequately inform patients of the risks and potential complications of their procedures. Without this information, you cannot give proper informed consent.

Understanding informed consent

Since June 2016, the surgeon performing your procedure must personally explain the risks and complications to you. This ensures you provide informed consent. Before 2016, other medical staff could handle this discussion, but you should still have been informed of all risks and signed a consent form.

Post-surgery care and support

Even if your surgery is successful, issues can arise during recovery. You should receive appropriate aftercare, including any necessary medication before discharge. Additionally, you must be provided with contact details for your surgeon or a suitably qualified professional for any complications that occur outside of regular hours.

When can you make a compensation claim?

You may be entitled to make a claim if:

You weren’t given sufficient information about the risks and complications, preventing you from giving informed consent.
Your surgery didn’t meet the expected standards, resulting in ongoing pain, scarring, or asymmetry.
An unqualified individual performed your procedure.
A defective product, like a faulty implant, was used.
You received inadequate aftercare, including missing follow-up appointments, incorrect medication, or delayed treatment for infections.

Trends in plastic surgery

The plastic surgery industry peaked in 2015, valued at approximately £3.6 billion, with 51,140 procedures performed in the UK. However, data from the British Association of Aesthetic Plastic Surgeons (BAAPS) showed a 40% decrease in surgeries in 2016.

Several factors contributed to this decline. Societal attitudes shifted towards embracing natural beauty, amplified by the rise of social media influencers and campaigns featuring diverse body types. Additionally, financial uncertainty led people to be more cautious about spending on elective procedures.

Changes in cosmetic surgery regulations

To improve patient safety and address unethical practices, new guidelines were introduced in June 2016. These rules aim to prevent rogue practitioners from prioritizing profits over patient welfare. Although most procedures are safe, every surgery carries some level of risk.

Risks of plastic surgery

The Royal College of Surgeons defines cosmetic surgery as any invasive procedure performed to alter a person’s appearance for non-medical reasons. Women account for 91% of all cosmetic surgeries. The most common procedures include:

Breast augmentation and reduction
Eyelid surgery
Face lifts and neck lifts
Liposuction
Rhinoplasty (nose jobs)

Among men, rhinoplasty remains the most popular choice.

The General Medical Council (GMC) has made it clear that doctors performing cosmetic procedures must:

Avoid making misleading or exaggerated claims about the procedure.
Provide realistic information about the risks involved.
Refrain from using unethical promotional tactics, such as special offers or competitions that trivialize the decision.

Surgeons must market their services responsibly, ensuring all advertising is factual and transparent.

Things to consider before surgery

Before proceeding with cosmetic surgery, it’s essential to have realistic expectations about the results and the psychological impact of undergoing an invasive procedure.

Key considerations include:

Avoid promises of perfection: A reputable surgeon will not guarantee life-changing results.
No pressure: You should never feel rushed or coerced into making a decision.
Meet your surgeon: Before your surgery, meet the surgeon who will perform the procedure. They should be fully insured and certified in their area of practice.
Check qualifications: Following the 2016 guidelines, surgeons must be on the GMC Specialist Register in a relevant specialty. You can verify their credentials on the GMC website.

The future of plastic surgery

In June 2017, further proposals were introduced to enhance patient protection. These changes would allow patients to confirm if their surgeon has the necessary qualifications through the public medical register.

Currently, any doctor can legally perform cosmetic surgery without formal training. The proposed system would clearly indicate which doctors hold a Royal College of Surgeons certificate in cosmetic surgery.

There have also been calls to ban cosmetic procedures for under-18s after reports emerged of young children being targeted by cosmetic surgery apps. These apps have been criticised for promoting invasive procedures to impressionable young audiences.

Need legal support?

If you have experienced complications before, during, or after cosmetic surgery, contact us today to discuss your options.

Inquest concludes after Suffolk postmaster’s tragic hospital death

Posted on 16 June 202130 March 2025 by Sarah O'Sullivan

An inquest at Suffolk Coroner’s Court in Ipswich, conducted by Mrs. Catherine Wood, has heard evidence regarding care and service delivery issues while investigating the tragic hospital death of a 73-year-old man who had been admitted for treatment of a fractured hip.

Background

The patient, Barry Jefferson, had worked for many years alongside his wife Sarah at their Post Office Stores business in Thurston, near Bury St Edmunds. They were close to finalising plans to sell up and spend more time with family, including their young grandchildren.

On 17 August 2020, Barry tripped at home and fractured his right hip, which had previously been replaced. After relatively straightforward surgery was performed on the periprosthetic fracture at West Suffolk Hospital on 20 August, he was slowly recovering in the orthopaedic ward and appeared to be doing well.

Bloating and swollen abdomen

Placed in a side room due to a positive MRSA test, by 27 August Barry was unwell with nausea and vomiting. During the August Bank Holiday weekend, he told nurses he felt bloated and had a swollen abdomen. The nursing team consulted doctors on call, who prescribed medication for bloating.

Over the course of the bank holiday weekend, Barry became increasingly unwell. Despite repeated escalation from the nursing staff, he was only reviewed by very junior doctors, going five days without review or input from senior clinicians. In addition, following clinical reviews, documentation was often poor or missing, and there appeared to be a lack of understanding of the changing clinical picture.

On Tuesday 1 September, a review by the advanced nurse practitioner pointed to a possible infection, source unknown. At this stage, Barry had not been reviewed by a senior clinician since before the weekend, and there had been no proper investigations into his abdominal distension. Antibiotics and fluids were administered intravenously, but Barry became more unwell overnight and began vomiting.

A consultant conducted a further review in the afternoon and, suspecting a possible bowel obstruction, ordered nil by mouth and an abdominal X-ray. The X-ray that afternoon showed distended loops of small bowel consistent with an obstruction.

Following the X-ray and referral to the surgical team, Barry suffered further deterioration, and an emergency call was activated. Probable irreversible organ failure was suspected when he did not respond to resuscitation treatment by the emergency team. Sadly, he died a short time later.

Care and service delivery issues

Following Barry Jefferson’s death on 2 September, ultimately due to cardiac arrest, a Serious Incident Report was completed by West Suffolk NHS Foundation Trust. This identified a number of care and service delivery issues and pointed to several root causes.

“The report highlighted a series of delays in recognising deterioration in Barry’s condition during that fateful bank holiday weekend and tardiness in seeking senior reviews and investigations,” explains Tees Law, acting for widowed Sarah Jefferson.

“A more timely response earlier in the weekend might have led to a different outcome in this case. Establishing why things went so badly awry has not been helped by a repeated lack of documentation by the junior doctors who reviewed Barry, it being recorded during the inquest that the documentation fell far below what would have been expected from a junior doctor.

“Review by a senior clinician should have occurred sooner, with particular emphasis over the bank holiday weekend. This could have led to an urgent surgical review, with investigations such as the abdominal X-ray and nasogastric tube insertion occurring sooner.

The inquest heard from a senior member of the Hospital Trust who confirmed that the Trust had found that a lack of appropriate senior review over the Bank Holiday weekend led to a failure to recognise Barry’s deterioration, late investigation, and late treatment.

There was further found to be an inconsistent approach to the handover of patients out of hours, leading to poor communication between teams, failure to review or monitor for deterioration, and delay in escalation of a sick patient. The lack of a Sick List meant that patients who required close monitoring were not routinely monitored or reviewed.

Measures implemented

Following the Trust’s internal review, a number of measures have now been put in place, including a revised handover within the surgical division, use of a Sick List during handovers for general surgery and orthopaedic teams, development of a Standard Operating Procedure for a revised handover process, as well as shared learning in respect of escalation of patients and the importance of documentation to junior doctors.

A second ortho-geriatrician to the surgical division is also being recruited to work towards the Trust’s goal of every orthopaedic patient receiving a review by a senior doctor Monday to Friday, with senior surgical review out of hours as needed.

“Sarah Jefferson is grateful to the Coroner for the thorough investigation into Barry’s death. Hopefully, following the Hospital Trust’s findings and the measures that have been implemented since Barry’s death, the incidence of failures to escalate the response to clearly deteriorating patients will have been greatly reduced.”

Advice on opening a French branch or subsidiary post-Brexit

Posted on 15 June 202123 March 2025 by Sarah O'Sullivan

Brexit has introduced significant barriers to trade between the UK and the EU. Many companies are struggling with increased red tape, delays, and complex restrictions, making cross-border business more challenging than ever.

To mitigate these difficulties, a growing number of UK businesses are considering establishing a branch office or subsidiary in France. With its streamlined processes and strategic location, France offers one of the quickest and most practical solutions for maintaining an EU presence.

In this guide, we’ll explain the differences between a branch and a subsidiary, walk you through the setup process, and outline key legal considerations.

Branch vs. Subsidiary: Which is right for your business?

Choosing between a branch and a subsidiary depends on your business goals. Each structure has its advantages and legal implications.

What is a Branch?

A branch is an extension of your UK company rather than a separate legal entity. It has no independent legal personality, simplifying the setup process.

Benefits of a French branch:

Faster and easier setup
No need to draft new statutes or incorporate a separate entity
Cost-effective compared to a subsidiary

Key requirements:

Provide certified French translations of company documents (e.g., Articles of Association)
Register with the French Commercial Court Registry
Publish an announcement in a legal journal

What is a subsidiary?

A subsidiary, unlike a branch, is an independent legal entity incorporated under French law. While it requires more administrative effort, it offers greater legal protection and operational flexibility.

Benefits of a French subsidiary:

Separate legal responsibility from the parent company
Easier to establish business contracts with French companies
Enhanced credibility in the French market

Key steps to set up a subsidiary:

Draft company statutes
Open a corporate bank account in France
Register the company with the Commercial Court
Appoint a legal manager and accountant

Hiring employees for your French Office

Both branches and subsidiaries can employ staff. However, French employment law will apply, and it’s crucial to comply with local regulations. During the initial phase, you can second employees from your UK company for up to 12 months, subject to renewal in certain cases.

Important Considerations:

Employment contracts must meet French legal standards
French law mandates public order rules that cannot be waived
Provide competitive salaries and benefits in line with French norms

Navigating French Commercial law Post-Brexit

Since Brexit, many French companies prefer formal contracts governed by French law. It’s essential to understand key principles in French commercial law, including:

Duty to inform: Businesses must disclose critical information during negotiations.
Abuse of dependency: Contracts may be invalidated if they result from an imbalance of power.
Unilateral price setting: Allowed in framework contracts, provided prices are justified.
Imprévision: Contracts may be renegotiated in the event of unforeseen circumstances.
Contract termination rights: Contracts without end dates are terminable without notice.

Resolving commercial disputes in France

Commercial disputes in France are handled by specialised Tribunaux de Commerce, ensuring faster, cost-effective resolutions. The Paris Commercial Court even has an international division with English-speaking judges, providing a practical option for UK businesses.

Partner with French legal experts

Setting up a branch or subsidiary in France can provide significant advantages in navigating Brexit trade challenges. Our specialist French Avocat Hervé Blatry offers tailored legal support, guiding you through every step of the process.

Essex Cricket unveil the Tees River Gate

Posted on 14 June 20211 April 2025 by Sarah O'Sullivan

Essex Cricket are delighted to announce the opening of the new-look Tees River Gate in partnership with local law firm, Tees.

Tees have been a partner of Essex Cricket since 2017 and are extending their relationship with the Club through the revamped entrance, which is overlooked by their Chelmsford offices.

Members will get a chance to use the gate for Essex Eagles’ opening Vitality Blast fixture against Hampshire Hawks on Friday 11 June as the Club continue to welcome back spectators once again.

As well as the new gate, supporters will also be able to walk through the Champions Walkway and bask in the glory of the team’s recent successes in both the long and short formats of the game.

Ashton Hunt, Group Managing Director at Tees Law, said: “We couldn’t be more excited to take our partnership with Essex Cricket to the next level with the new Tees River Gate. The walk to a sports ground is a nostalgic experience and we’re delighted to add to that with the new gate and Champions walkway, which sit adjacent to our offices.”

John Faragher, Executive Chairman at Essex Cricket, said: “The Cloudfm County Ground is a truly special place during the T20 campaign and we can’t wait for our loyal supporters to finally see us play white-ball cricket live in person again. The new Tees River Gate will make this experience even more special for fans and they’ll get to toast our past successes on their way into the ground.”

Essex Cricket are teaming up with Tees to offer more treats to supporters in June. The first 50 fans to enter via the Tees River Gate during our Vitality Blast fixture against Kent Spitfires on Friday 25 June will receive a complimentary drink on arrival.

Employment tribunal: A guide for employers

Posted on 28 May 202122 March 2025 by Sarah O'Sullivan

If not managed effectively, workplace conflict can be hugely costly for employers and lead to employment tribunal claims. According to new research from ACAS, nearly 10 million people experienced conflict at work in 2018/19. As a result, close to 900,000 took time off and nearly half a million resigned. In addition, 300,000 employees were dismissed due to conflict. According to the report, the management and resolution of such conflicts costs employers a staggering £28.5 billion every year. However investment in early intervention and measures to promote effective resolution of disputes can save businesses time and money and reduce the risk of potentially damaging litigation.

What are common reasons for employment tribunal claims?

Common claims include:

unfair dismissal
disputes relating to redundancy
breach of contract
discrimination (for example on the grounds of disability, gender, race, sexual orientation or other protected characteristic)

Managing conflict in the workplace: How to avoid a legal dispute

If workplace issues are not dealt with promptly, they may escalate rapidly and result in legal claims against you. According to a CIPD survey, one key thing employees want from their employers when they raise an issue is simply to be listened to.

Just under a third (31%) of respondents to the survey said their employer didn’t take them seriously when they raised an issue, while nearly half (48%) said they felt their employer had prioritised the other party’s interests over their own.

Listen

One of the most important things you can do is take issues raised seriously and give any employee who is angry or frustrated the time they need to talk about what has happened. Speaking with them privately, actively listening to their views and acting upon the complaint swiftly can be key to preventing disputes and conflict from intensifying.

If a formal grievance procedure or disciplinary process is required to effectively deal with the matter, then it should be initiated as appropriate with careful regard for your internal procedures and ACAS Code and guidance as applicable.

Take advice

Employers should take professional HR and legal advice at an early stage to ensure they can make informed choices about how to manage conflict and disputes effectively and in accordance with current employment law requirements. Employers may unwittingly fall foul of the law when they fail to seek legal advice, for example behaving in a way they do not realise may be discriminatory.

Having an employment law solicitor on hand who has an in-depth understanding of the complexities of your case can go a long way to solving grievances before they have a chance to escalate. Even if the relationship between the parties breaks down, legal professionals will ensure you conduct yourself in a way that gives employees few grounds for taking their complaint further.

Be fair

It is imperative that you can demonstrate a fair process has been followed when dealing with the dispute or grievance and that any decision makers consider matters objectively and based on the evidence before them. Your solicitor can advise you on how best to deal with the issue in a neutral and unbiased manner.

Keep a paper trail

Whether you are investigating a grievance, initiating disciplinary proceedings against an employee or dismissing a staff member, you should keep a clear paper trail as evidence. This includes records of meeting invitations and detailed notes of what was said, in addition to any emails sent or received.

If the case does proceed, you will be able to provide hard evidence that you have acted appropriately.

What happens if I am taken to an employment tribunal?

To submit a claim, your employee will normally first have to notify ACAS that they intend to do so. They will try and help you resolve the issue through a process called early conciliation, whereby they support both parties to negotiate settlement terms. I f neither party wants to attempt early conciliation, or the process fails, then your employee can then submit an ET1 claim form to which you will have 28 days to respond with your defence.

Our employment law solicitors have many years’ experience in helping employers respond successfully to claims, assisting them to prepare the documentation and evidence needed to respond to the claim and representing them at hearings.

Should I offer my employee a settlement agreement?

A settlement agreement (formerly known as a compromise agreement) can be used to resolve a dispute and allow all parties to draw a line under matters and part company on a dignified basis.

The agreement typically offers your employee a severance payment in exchange for their agreement not to take any further legal action against you. However, it is important to take legal advice to ensure this is a viable option in the circumstances and how best to make an offer as you may otherwise prejudice your position.

If you offer a settlement agreement without following the right process, and your employee rejects it and goes on to make a claim anyway, any conversations you had regarding the settlement agreement can potentially (but not always) be used as evidence against you.

What are the types of employment tribunal hearing?

There are two main types of hearing:

Preliminary hearing: this is usually a short hearing to address any issues so that the case can proceed smoothly before a full hearing, this may include:

clarifying the issues in the case
establishing what documents and or witnesses are required
deciding questions of entitlement to bring or defend

Full hearing: is when all the evidence is heard:

decides whether the claim succeeds or fails
and, if it succeeds, what remedy is appropriate

What happens when a grievance is upheld at an employment tribunal?

The tribunal will order specific steps to be undertaken at a ‘remedies’ hearing. This could include:

reinstating your employee
paying out compensation
paying for loss of earnings/damages

If you fail to take these steps, you can be taken to court and forced to comply. Usually, though not always, the parties bear their own costs.

It is important to remember that the likelihood of winning is greatly increased with professional legal support.

Supportive employment law professionals

Whether you are looking for support in getting the correct policies and procedures in place, or dealing with a formal grievance, we can help. We know that every case is different, so our advice will be tailored to your circumstances.

If you are in a dispute with an employee, you need to ensure things are dealt with without delay. Taking legal advice promptly could mean the difference between winning your case and damaging your business’s reputation.

Give us a call for a confidential discussion about how we can help you defend yourself, your business and your reputation.

French Trust Rules: How to prevent your Family Trust from being undermined

Posted on 10 May 202123 March 2025 by Sarah O'Sullivan

Many English trusts have a connection with France, often because they own French assets like a holiday home or involve beneficiaries, trustees, or settlors residing in France. Understanding how French trust rules apply is crucial to avoiding unexpected tax liabilities and legal complications.

Understanding French residency and its impact on Trusts

A person is generally considered a French resident for any calendar year in which they spend 183 days in France, even without a permanent home there. Additionally, a person may be deemed a French resident if their main home is in France. This makes it easy for an English trust to inadvertently acquire a French connection, particularly if there are numerous beneficiaries.

Why legal expertise matters

Navigating Anglo-French legal matters requires specialised knowledge. Sarah Walker offers expert assistance in preparing French Wills, advising on French estate and inheritance tax planning, and handling trusts with French assets.

What is a Trust?

A trust is a legal structure used in England and other jurisdictions to allow designated individuals (trustees) to manage assets for the benefit of others (beneficiaries). However, trusts are not recognized in the same way in France. Since 2011, France has imposed tax regulations on foreign trusts connected to the country, applying a broad definition of what constitutes a trust.

How English Trusts can acquire a French connection

Here are some common scenarios where English trusts may become subject to French regulations:

Case study 1: The Discretionary Trust

Isobel Turner established the Turner Family Trust in 1989. It’s a discretionary trust with her children and grandchildren as intended beneficiaries.
In 2019, Isobel’s great-nephew Zak spent eight months working in France and became a French tax resident.
Despite Zak having a minimal likelihood of benefiting from the trust, its connection to France could trigger French reporting and tax obligations.

Case study 2: The Will Trust with French Assets

Joseph, a UK resident, creates a Will trust for his wife and children, including his French holiday home.
Upon his death, the trust will fall under French regulations due to the presence of the French property.
A separate French Will could have bypassed these issues.

French Trust regulations and compliance

Foreign trusts connected to France must comply with strict reporting requirements, including annual declarations to the French tax authorities. Additional declarations are required if the trust is modified or terminated.

Non-compliance penalties:

Fines of €20,000 or 12.5% of the trust’s total assets.
French authorities can investigate up to 10 years of past non-compliance.
Severe cases can result in criminal sanctions, including up to 5 years in prison and a €500,000 fine.

French wealth tax and inheritance tax

Trusts may be subject to the annual French wealth tax at 1.5% of worldwide assets if the settlor or beneficiaries are French residents.
French inheritance tax may also apply upon the settlor’s death or when assets leave the trust.
Income distributed to French residents is subject to French income tax.

While the UK-France double tax treaty may offer relief, this remains a complex area requiring specialised legal advice.

How to avoid the French trust regime

To mitigate the risk of French trust rules applying to your trust, consider these proactive steps:

Create a separate French will: This ensures French assets are dealt with under French law without interfering with your English will.
Avoid trusting French assets: Unless absolutely necessary, consider other estate planning solutions for French properties.
Exclude French residents as beneficiaries: Keep French residents off the beneficiary list unless unavoidable.
Choose non-French trustees: Appoint trustees who are not French residents to prevent further tax complications.
Seek legal advice before relocating: If a beneficiary or trustee plans to move to France, professional legal advice can prevent unforeseen tax exposure.

Do other countries have similar rules?

Yes. While French trust rules are well-known, other countries may also impose stringent regulations on foreign trusts with local connections. It’s vital to seek legal advice for any cross-border estate planning.

For personalised guidance on managing trusts with French connections, contact Sarah Walker . With her expertise in Anglo-French legal matters, she can help ensure your trust remains compliant and tax-efficient.

Pressure sores claims: Medical negligence

Posted on 5 May 202124 March 2025 by Sarah O'Sullivan

In the UK, patients in hospital and those living in care homes, benefit from a high standard of nursing and health care. However, despite progress in the management of pressure sores it remains a sombre fact that medical negligence claims are far from uncommon.

In this article Sarah Stocker, Associate Solicitor in Tees’ medical negligence team, explores what pressure sores are; the causes; what steps healthcare professionals should take to minimise the risk of one developing and how you can claim for compensation following the development of a pressure sore or poor management of one.

What is a coroner’s inquest?

A coroner’s inquest is a formal investigation into a death. It is held in specific circumstances, including when:

The cause of death is unknown.
The death was violent or unnatural.
The deceased was in custody, state detention, or detained under the Mental Health Act.
The death occurred as a result of a medical procedure/treatment.

Inquests are not designed to assign blame or responsibility but rather to determine the identity of the deceased, as well as when, where, and how they died.

What is an Article 2 inquest?

An Article 2 inquest is a more in-depth investigation held when the state may have failed to protect someone’s life. These inquests often involve deaths in custody, psychiatric hospitals, or other situations where the state played a role.

Prevention of future death reports

Following an inquest, a coroner can issue a Prevention of Future Death Report (PFD) if they identify risks that could lead to further deaths. These reports are sent to relevant organisations or individuals, recommending changes to prevent similar incidents.

Understanding the role of a coroner

A coroner is an independent judicial officer with legal qualifications and significant experience. Their role is to investigate sudden, unexplained, or unnatural deaths. Coroners can request post-mortems, gather evidence, and conduct inquests to establish the facts of a death.

Post-mortems: What to expect

A post-mortem, also known as an autopsy, is conducted by a pathologist to determine the cause of death. While the coroner decides if a post-mortem is necessary, they must consider the family’s views and any cultural or religious beliefs. Families can request a copy of the post-mortem report, though it may only be released after the inquest.

When will the inquest take place?

Inquests are typically held within 6-9 months of a death. During this period, the coroner will:

Gather evidence, including medical records and witness statements.
Contact the family to explain the process.
Potentially hold a pre-inquest review to organise evidence and identify issues.
Issue an interim death certificate to allow families to manage practical matters.

What happens during the inquest?

The inquest is a public hearing where evidence is presented to establish the facts of the death. Key participants include:

Witnesses, including doctors, police officers, or medical experts.
Family members, who may provide personal testimony.
Legal representatives, especially in cases involving state bodies.

The coroner may also call for independent expert opinions to ensure a complete understanding of the circumstances.

Conclusion of the inquest

At the end of an inquest, the coroner or jury will deliver a conclusion that falls under one of several categories, including:

Natural causes
Suicide
Accident or misadventure
Unlawful or lawful killing
Industrial disease
Stillbirth

In some cases, a narrative conclusion is given, providing a detailed account of the circumstances surrounding the death.

Legal representation at an inquest

Having legal representation can be invaluable, particularly if there are concerns about the care a loved one received. Our experienced solicitors can help ensure that the right questions are asked, and all relevant evidence is considered.

State bodies are often represented by legal professionals, so having your own solicitor can help provide a balanced and thorough investigation.

Tees sweeps two awards

Posted on 4 May 202130 March 2025 by Sarah O'Sullivan

Tees celebrates double success at Cambridgeshire Law Society Excellence Awards

Tees, the local law firm with offices in Cambridge, Bishop’s Stortford, Royston, Saffron Walden, Brentwood, and Chelmsford, celebrated a double success by winning both the Excellence in Technology and Innovation Award and the Residential Property Team of the Year Award at the Cambridgeshire Law Society Excellence Awards. The awards ceremony was held on Zoom on Friday, 23rd April 2021.

Tees also received a Highly Commended award for Injury Litigation Team of the Year, and Private Client Associate Chris Claxton-Shirley was also Highly Commended as a Rising Star.

Celebrating legal excellence

The Excellence Awards celebrate the legal community of Cambridge across various categories, with winners chosen based on criteria such as excellent client service, technical capabilities, and response to the challenges posed by Covid-19.

Prominent attendees included Stephanie Boyce, President of the Law Society of England and Wales; The Rt Hon Lucy Frazer QC MP, Solicitor General; and Elizabeth Rimmer, CEO of LawWorks, which served as the Charity Partner. The awards ceremony was sponsored by Rathbones Investment Management. The Judging Panel was chaired by Ian Mather and included representatives from Rathbones Investment Management, AstraZeneca, Handelsbanken, Barclays Corporate, and FRP Advisory.

Excellence in technology and innovation award

Clare Pilsworth, Family Partner and newly appointed Head of Tees’ Cambridge office, accepted the Excellence in Technology and Innovation Award.

She said:

“Tees has been investing heavily in technology long before the pandemic hit, and we have continued that investment throughout the past year. Winning this award is a testament to the decisions we’ve made as a firm to be at the forefront of innovation and technology in the region. It also reflects the hard work of our IT team in implementation, integration, and training, enabling our solicitors to provide a seamless client experience.”

Residential property team of the year award

Julia Turner, Senior Associate and Head of the Cambridge Residential Conveyancing Team, expressed her gratitude upon receiving the Residential Property Team of the Year Award.

She said:

“This award means so much to the team. We have worked through unprecedented times, delivering a high quality of service. Our demand has grown substantially, and our success is thanks to the consistent hard work of our team.”

Highly commended injury litigation team

The Legal 500 Tier 1 Injury Litigation Team, led by Partner Janine Collier, was Highly Commended for their outstanding work. Tees provides a wide range of services, including personal injury, medical negligence, and inquest representation, securing settlements from modest to multi-million-pound amounts.

Janine said:

“A personal, tailored client experience is at the heart of our service. Each Tees lawyer has fewer cases than other injury practitioners so that they can truly understand the client’s needs and help them to a better future.”

Rising star recognition

Chris Claxton-Shirley received a Highly Commended in the Rising Star category. He shared his pride in his contributions to the firm and the community.

He said:

“I am proud of the contribution I make to Tees, our local community, and the wider profession. I am excited about what the future holds.”

Reflections from the group managing director

Ashton Hunt, Group Managing Director of Tees, expressed his pride in the firm’s achievements:

“Tees has made significant investments in technology over the past eight to ten years, enabling us to successfully navigate the pandemic while continuing to deliver excellent service for our clients. Continuing to invest in the best technology to support our people remains part of our core strategy, and I am truly delighted that the firm’s efforts have been recognised in this way.”

One farming family, over 30 years of trusted legal and financial advice

Posted on 12 April 202129 March 2025 by Sarah O'Sullivan

For over three decades, Tees has provided expert legal services to multiple generations of the Miller* family, a prominent agricultural family with extensive farming, land and property interests located across several English counties.

Our senior partner and specialist in rural succession and estate planning, Catherine Mowat, has worked closely with the Millers for many years, helping them capitalise on opportunities for efficient estate planning and take advantage of valuable Inheritance Tax reliefs.

Alongside Catherine’s team, our Commercial Property, Residential Property, Commercial and Wealth Management teams have worked together collaboratively in order to help the Miller family effectively manage their business and property interests.

Passing assets on to the next generation

Catherine has worked extensively with the Millers over a number of years to put in place comprehensive arrangements that will enable more senior family members to pass on their assets effectively to future generations, whilst minimising the Inheritance Tax (IHT) payable on their estate.

The family were advised to make substantial lifetime gifts to their children and grandchildren, enabling assets to be passed on to younger generations in a controlled way.

How does Inheritance Tax (IHT) work?

IHT is a tax on the capital value of assets (including money, property and possessions) either when somebody has died or on some gifts made during lifetime. On death, it is generally payable at a rate of 40% on all assets over the value of £325,000, although there are exemptions and reliefs that can be used to lessen the amount due. Another way of reducing the IHT payable on your estate is to make lifetime gifts. If you make gifts more than seven years before you die, there will usually be no IHT due on these gifts on your death. If tax does arise, only gifts given less than three years before you die attract the full 40% IHT rate, making lifetime gifts an excellent opportunity for passing on assets to minimise tax.

These lifetime gifts also caused the estate value belonging to the children to rise, increasing their IHT liability. Here, our Wealth team stepped in to help set up suitable life insurance arrangements, written in trust to minimise the impact of a significant tax bill.

Why should I write my life insurance policy in trust?

Writing your life insurance in trust is a way to avoid paying IHT on the eventual payout. When you place an asset into a trust, you essentially give up ownership of that asset to the trust and appoint trustees to oversee it (this can be a solicitor, like Catherine, or somebody else). As the assets (in this case, the life insurance policy) don’t officially belong to you, they aren’t classed as being part of your estate and are therefore not subject to IHT.

Catherine has also worked with the Millers to draft essential estate planning documents such as Wills and Powers of Attorney, and acts as a trustee for the various trusts within which the family’s business and property assets are held. Her many years spent advising this family have enabled her to build a strong relationship with the Millers, bound by mutual trust and respect.

Taking advantage of Inheritance Tax (IHT) relief

Over the years, our Wills, Trusts and Probate team has worked closely with the Millers to ensure their entitlement to valuable IHT reliefs. For example, Catherine’s advice has enabled the family to take full advantage of Agricultural Property Relief (APR) on their eligible assets.

What is Agricultural Property Relief (APR)?

APR allows farming families to pass on agricultural property at a reduced or 0% rate of IHT, either during a person’s lifetime or in their Will. To apply for APR, the land or property must have been owned for at least seven years, or occupied for two years and must be used for growing crops or rearing animals, or take the form of farm buildings, cottages or houses. It does not apply to farm equipment or machinery, derelict buildings, harvested crops or livestock. APR can be due at 100% or 50%, depending on the circumstances.

Catherine also regularly reviews the balance of the Millers’ business activities to ensure that no entitlement to Business Relief (BR) is lost, by using the ‘Balfour’ test.

What is Business Relief (BR)?

BR allows business owners to pass on certain business assets at a reduced or 0% rate of IHT, either while they are still alive or via their Will. The owner must have owned the assets for at least two years before they died for them to be eligible. BR is due at 100% for:

A business, or interest in one
Shares in an unlisted company

It is due at 50% for:

Shares controlling over 50% of the voting rights in a listed company
Land, buildings or machinery owned by the deceased and used in a business in which they were a partner or controlled
Land, buildings or machinery used in the business and held in a trust the business has the right to benefit from

To be eligible for BR, a business must also be classed as a predominantly trading business. However, many farms are becoming increasingly diversified, with activities such as cottage rentals and holiday lets shifting the balance from trading to investment.

Catherine used the Balfour test to assess the Millers’ farming business and used the results to advise the family on achieving the best balance between trading versus investment activities within the farming partnership for BR purposes.

Strategic land and property solutions

Our Commercial Property team regularly steps in to assist the Miller family in matters relating to the lease or sale of land and properties, which include a range of sites with commercially let units, and other strategic deals such as granting options. Rural specialists within our Commercial Property team will negotiate and facilitate these various land transactions.

An example of the type of planning advice we offer might be in relation to land owned by a family trust on which planning permission has been obtained for development. In this situation our Corporate team would step in to advise on the incorporation of a ‘freezer’ company.

The team would also prepare bespoke articles of association, ‘freezing’ the value of certain interests in the company in order to cap ownership. This ensures that the growth and value of the land will be passed on to the next generation tax-efficiently and limit their IHT liability.

What is a ‘freezer’ company?

Also known as a family investment company (FIC), a ‘freezer’ company is essentially a private limited company whose shareholders are all family members. Commercial solicitors can help the family prepare bespoke articles of association that set out the rights and interests each party holds within the company. For example, the parents can set themselves up as voting shareholders – thus maintaining control over the company – but ‘freeze’ the value of their interests in the company to cap their ownership.

Meanwhile, the children can be non-voting shareholders but own the majority of the shares, allowing the growth and value to pass on tax-efficiently to the next generation. This makes ‘freezer’ companies an ideal vehicle for intergenerational wealth management, allowing assets to be passed on during your lifetime whilst still retaining control of them. If you live for more than seven years after setting up the company, no IHT will be due (according to the rules of lifetime gifting).

A full- service firm rural families can depend on

For over a century, Tees has been a trusted partner to farming families like the Millers, helping them pass the family business from generation to generation. In this time, our agricultural specialists have developed a unique understanding of the challenges facing the rural community.

From tailored business advice to passing your land and assets tax-efficiently to the next generation, our specialist agricultural lawyers can help you navigate the complex relationship between business, land and family interests.

*Please note that the family’s name has been changed for anonymity.