Sarah O'Sullivan, Author at Tees Law

Weight loss surgery (or bariatric surgery): Medical negligence claims

Posted on 2 September 202024 March 2025 by Sarah O'Sullivan

Bariatric surgery is recognised by NICE as one of the most cost-effective healthcare interventions to reduce the risk of obesity-related diseases and death.

NHS statistics on obesity, physical activity, and diet (published on 5 May 2020) show a consistent increase in hospital admissions directly attributable to obesity since 2014. Similarly, the number of obesity-related bariatric surgery admissions in the NHS has risen. The primary goals of surgery are significant weight loss and the improvement or reversal of obesity-related conditions, such as high blood pressure and type 2 diabetes.

Despite the increasing number of procedures performed on the NHS, many patients ineligible for NHS treatment choose to pay for private bariatric surgery

Weight-loss surgery and medical negligence claims

While bariatric surgery is often an effective solution for weight management, it requires a lifelong commitment to lifestyle changes for lasting results.

Surgical procedures carry inherent risks, and mistakes can have serious, life-changing consequences. If you believe negligent treatment has caused you further suffering, or if you were inadequately informed about potential complications, you may be eligible to bring a claim within three years of the negligence. Our expert solicitors can guide you through the process.

Sarah Stocker, Solicitor in Tees’ Medical Negligence Team, explains the risks and complications that can arise from bariatric surgery.

Considerations before surgery

Weight-loss surgery is typically considered if:

You have a body mass index (BMI) of 40 or more, or a BMI between 35 and 40 with a serious health condition that could be improved by weight loss.
You have tried non-surgical treatments (e.g., dietary improvements and exercise) for at least six months without significant success.
You are healthy enough to undergo the surgery.
You commit to long-term follow-up treatments and lifestyle changes.
You undergo a psychological assessment to evaluate your suitability and motivation.

Types of bariatric surgery

Bariatric surgery involves altering the digestive system to reduce food intake and promote weight loss. Common procedures in the UK include:

Gastric band insertion: An adjustable silicone band is placed around the stomach to create a small pouch. It reduces the amount of food needed to feel full. The band can be adjusted using a small device under the skin.
Gastric bypass: The upper part of the stomach is stapled to create a small pouch, which is connected to the small intestine, bypassing the rest of the stomach. This reduces calorie absorption and increases fullness.
Sleeve gastrectomy: A large portion of the stomach is removed to create a smaller stomach. This procedure is irreversible, and long-term data on weight regain is limited.

Risks of bariatric surgery

When considering surgery, it is essential to weigh the risks of the procedure against the long-term health risks of severe obesity, including strokes, heart attacks, cancer, and diabetes. Common risks include:

Infection
Anaesthetic complications
Blood clots in legs or lungs
Internal bleeding
Damage to internal organs
Nutritional deficiencies
Gallstones from rapid weight loss
Psychological challenges, including depression or self-harm

Informed consent process

A comprehensive informed consent process is crucial. Your surgeon should explain the specific risks and benefits of the procedure, as well as any patient-specific concerns.

Gastric band insertion: Patients should be informed about the need for multiple adjustments, the risk of infection at the band or port site, tubing issues, and the potential for band slippage or erosion.
Gastric bypass: Patients should understand the risk of dumping syndrome, anastomotic leaks, and internal herniation, along with the requirement for lifelong vitamin supplementation and regular blood tests.
Sleeve gastrectomy: Patients should be made aware of the irreversible nature of the procedure and the risk of staple line leakage.

Additionally, all patients should be advised about the possibility of weight regain and the likelihood of loose skin, which may require plastic surgery.

Common bariatric surgery negligence claims

Negligence claims may arise from:

Substandard surgical performance
Failure to promptly diagnose or treat post-operative complications, such as infections or malnutrition
Delayed recognition and treatment of internal organ damage
Incorrect gastric band placement leading to blockages or additional procedures
Mismanagement of band slippage
Incomplete gastric bypasses or staple line issues causing leaks
Delayed identification of leaks leading to severe complications and further surgery

Compensation for negligence

In addition to compensation for physical and psychological injuries, claims may cover financial losses and expenses, including:

Loss of earnings
Transport costs
Private medical expenses
Care, support, and assistance costs

Making a Medical Negligence Claim

We understand that making a complaint about medical treatment can be overwhelming. However, pursuing a claim can provide financial support and hold negligent providers accountable. If you have suffered injury or financial loss, we are here to help you navigate your claim.

Contact our expert team of solicitors today for guidance and support.

Resolving high-income divorce challenges and future income concerns

Posted on 13 August 202023 March 2025 by Sarah O'Sullivan

The division of assets is one of the main issues to resolve during divorce proceedings. For people with very high incomes and substantial assets, and their spouses, being able to reach a fair financial settlement is, understandably, a key concern, given the number of potentially complicating factors and levels of income that need to be taken into account.

Decisions as to what happens to future income is often where there is most difficulty in reaching an agreement in a divorce settlement involving a high-earning spouse. This is particularly so where complex reward structures are involved that are not fully understood by one if not both spouses.

Failure to fully take into account incentive and performance reward packages can have significant implications on the outcome of a divorce settlement and risk restricting either party’s choices in the future, so you must seek specialist legal advice.

Incentive payments and performance payments not yet realised

There may be circumstances where there are financial resources in place through incentive and performance reward packages which originated during the marriage, although they are not immediately available at the time of the divorce settlement.

Such financial resources may well be shared in a divorce to achieve fairness between the earning and non-earning spouse.

Incentive and performance reward packages are aimed at attracting and retaining the best talent and are likely to be nuanced from firm to firm and industry to industry. However, enhanced remuneration structures do tend to follow certain themes, such as:

Share options (or stock options)

Share option schemes are typically used as an incentive for employees. A share option is the right to buy a certain number of company shares at a fixed price at some point in the future. Share option schemes often come with tax incentives.

There are different share option schemes you may come across such as Company Share Option Plans, Enterprise Management Incentives, Nil-Cost and Nominal Costs Options, Share (Stock) Appreciation Rights, Sharesave Share Option Schemes and ‘Phantom’ Options.

Long-term incentive plans

A long-term incentive plan (LTIP) is a term that is commonly used among listed companies to describe executive share plans under which a company makes share-based awards to senior employees with a vesting period of at least three years. Such structures are also often called ‘performance shares’ or, in the US, ‘restricted stock units’.

Again there are often tax efficiencies to these schemes. LTIPs are not restricted to rewards in shares; cash also features in these reward structures.

Management incentive plans

A management incentive plan (MIP) most often refers to a scheme where the equity is allocated to senior management in a privately owned business. The company is likely to be owned by a private equity house and the equity would vest with the senior management in the event the private equity house sells its share the business or the company is floated on the stock market.

Performance bonuses

A form of additional compensation paid to an employee or department as a reward for achieving specific goals or hitting predetermined targets. A performance bonus is compensation beyond normal wages and is typically awarded after a performance appraisal and analysis of projects completed and/or financial targets met by the employee over a specific period.

Sharing of payments – what to consider?

There is a distinction to be made between those sums payable under such incentive or performance schemes which realise a value in the future with no further input from the earning spouse and those which require further endeavour after the marriage is over to realise their maximum potential.

This will affect how the income derived from such sources will be treated in a divorce settlement.

The timing of payments will also be a consideration. A performance bonus might be shared if it is awarded close in time to the end of the marriage, however, it is less likely to be shared if awarded well after the relationship is over.

As a general rule, it is possible to share in the benefits of such schemes even following divorce, however, consideration will be given to the value or opportunity which arose during the marriage against any extra input required by the earning individual to realise an enhanced value at a later date and whether this can be justified by reference to needs.

Future maintenance provisions

It is not always the case that in divorce, one party must pay the other an amount out of their income in the future. There has been a general movement away from maintenance being “for life,” with courts preferring to award maintenance as a shorter-term stepping stone to help the non-earning spouse transition into financial independence. In some circumstances, long-term maintenance can be required as part of a fair outcome in a divorce.

There are two classes of maintenance – child maintenance and spousal maintenance. The two combined are often referred to as global maintenance. Where spousal maintenance features, a settlement or court order tends to be based on two principles:

what each party might need to live on in the future;
whether it is appropriate for each party to share in future financial resources.

It should be stated that future earnings or earning capacity, whilst relevant, is unlikely to be considered a matrimonial asset to be shared and so ongoing maintenance must be linked to a demonstrable income ‘need’ rather than a sense of entitlement or sharing.

Complex arrangements require specialist advice

The issue of the future value of income in divorce proceedings is complicated for both the earning and non-earning spouses, and specialist advice should be sought as soon as possible.

At Tees, our expert legal advisers work to ensure a fair financial settlement so that future needs can be met according to the financial resources available. We also work closely with financial advisers in our Wealth Management team where needed. They will ensure that any future financial planning considerations are taken into account so you both have a clear view of your financial future.

NHS Early Notification Scheme (ENS)

Posted on 20 July 202024 March 2025 by Sarah O'Sullivan

The NHS Early Notification Scheme investigates the events surrounding the birth of a child who has suffered potentially severe brain injuries (most commonly cerebral palsy) at birth.

This process means families can find out what happened and why relatively quickly after birth. An advantage of proceeding under the ENS is that the facts are fresh in everyone’s minds and it reduces the stress for the family. Where negligence by clinical staff is established, an apology is offered to the family and financial support and advice are given to help them care for their child throughout the child’s lifetime. Read more about the NHS Resolution Early Notification Scheme.

Does the Early Notification Scheme cover all brain injuries at birth?

No. Not all cerebral palsy cases fall within the Early Notification Scheme – the Scheme is limited to those that fall within the reporting criteria and guidelines. There are three categories that the ENS can work on:

grade 3 Hypoxic Ischaemic Encephalopathy (HIE) – which is if the baby’s brain is deprived of sufficient oxygen and blood flow;
babies who were therapeutically cooled by a clinician using active cooling – this can prevent HIE by lowering the baby’s temperature to 33 degrees Celsius; and
circumstances in which the baby is comatose or has seizures or has hypotonia (decreased muscle tone), which can cause them to be ‘floppy’.

Information about the categories are available on the NHS Resolution website.

Birth injury claims that fall outside of this scheme take many more years to investigate. In introducing the Early Notification Scheme, NHS Resolution acknowledges the need for families to avoid going through a lengthy and stressful legal process.

Is cerebral palsy covered by the Early Notification Scheme (ENS)?

Cerebral palsy is a common birth injury in the UK, but it is complex to diagnose its cause. Cerebral palsy may be diagnosed as a result of one of the circumstances listed in the three ENS categories, but at least one of those must be present for the ENS to apply.

Cerebral palsy is caused by an injury to the brain which can occur: if the brain fails to develop normally in the womb; or if there is a problem during the birth, or just after the baby is born. Establishing the precise cause of cerebral palsy is complex, and you should always seek specialist legal advice if your child has suffered a brain injury around the time of his or her birth.

What if my child’s case is not eligible for the Early Notification Scheme?

If this has happened, it is because the brain injury that your child suffered at birth, wasn’t within one of the three categories that the ENS covers. However, this is not a barrier to making a medical negligence claim.

Call us so we can help you find out what happened, and if there are grounds for a medical negligence case, claim for financial compensation to support you and your child.

Get specialist, independent legal advice

NHS Resolution expects families to seek independent legal advice. We strongly advise that if you have a baby injured at birth, you seek professional specialist legal advice as soon as possible. This is a complex area of law and you will need expert support to navigate it effectively. Our lawyers at Tees can provide you a wide range of support and guidance during the process.

Working out the extent of the brain damage your child has suffered and how that might change in the future is complex. Our legal experts work alongside some of the leading healthcare and accommodation experts in the country to make sure all future eventualities are considered. Our aim is to secure a full financial compensation package to ensure your child’s future needs are met and he or she can achieve his or her full potential.

Funding your claim

Our specialist solicitors will provide an initial free assessment of your claim. We work on a no win, no fee basis or arrange legal aid (where possible), so there’s no need to worry about costs.

How does compensation help?

If your baby has sustained a brain injury, this is of course extremely upsetting. While compensation cannot directly make that better, it can help immensely with the practicalities of day-to-day life. Once funds have been secured, you can pay for the care you child will need, which is likely to include:

medical treatment and/or physical therapies
a package of care
equipment, such as a wheelchair or specialist computers for communicating
building work to adapt your house so it is suitable for your child’s needs, so that they can move around freely as they grow older.

Our lawyers work with case managers who will ensure your family has access to support in the community. We can liaise on your behalf with a range of providers who can provide care, rehabilitation and general support; these include a range of charities and public and private care facilities.

Financial support all in one

At Tees we have independent financial advisers who can advise on the management of the compensation fund to make sure there are sufficient assets to provide lifelong care and support for your child. With expert management, the funds can be managed to ensure they don’t run out.

If your child is unlikely to be able to manage their financial and legal affairs in the future, they will need a Court appointed Deputy. This is something we can help with.

We can also help you set up a Personal Injury Trust to manage the money and protect any family entitlement to means tested benefits. If you would like us to, one of our specialist lawyers can be a trustee of this trust (alongside you) so we can continue to support you as you make future decisions.

Can my employer change my contract without my consent?

Posted on 13 July 202022 March 2025 by Sarah O'Sullivan

The basis of your employment relationship is typically set out in a contract of employment. Certain key information about your terms is required by law such as job duties, salary, working hours and holiday.

The contract may also include terms regarding confidentiality and what happens when you leave (restrictions). It is important that the contract accurately reflects the working relationship so both the employer and employee know where they stand. Sometimes, however, your employer, or you, may wish to change the contract you originally agreed.

Your employment contract is usually a written document. Once you have started working under the contract, it is usually taken as proof that you accept its terms and conditions.

Can my contract be changed?

During the course of your career, especially if you stay with one organisation for some time, it’s likely that your contract or terms of employment will change. Typically you will receive pay rises, and for example, your contract may change to reflect different duties you take on or a promotion. You might also request a change which your employer may agree to. If everyone is happy to change the contract then this can simply be recorded in writing within a statement of change.

If you are not happy with the changes your employer suggests, you may not have to accept the changes – but this depends on the wording of your contract and the nature of the changes.

Your existing contract and job description

We recommend you always start by checking your current contract. If you don’t have a copy of your contract, ask your employer.

There may be clauses in your contract which gives your employer the right to make reasonable changes without your consent, for instance:

A general ‘variation clause’ might allow your employer to make some changes to your terms
A ‘flexibility clause’ might allow your employer to change your hours
A ‘mobility clause’ might allow your employer to change where you are based. You may be required to work from a different location.

You may be able to challenge the changes your employer wishes to make, even if one or more of these clauses feature in your contract. Much will depend on whether the changes proposed are allowed by the wording of the contract, and are reasonable. If your employer wants to change your contract there may be various options open to you.

What can I do if my employer makes changes to my contract?

Your employer may ask you to agree to some new terms in which case they should be explained to you and ideally, sent to you in writing. You should then be given time to consider whether or not you wish to accept them.

If the change is simply imposed on you and you don’t wish to accept it but you continue working anyway, you must decide whether you are content to agree or not. You can make it clear that you are working under protest and do not accept the new terms but if you do not, or if you continue working under those new terms for some time, you are likely to be considered to have agreed to the change.

You could refuse to work under the new conditions and continue to work as you have been under your original contract. If the change is something more fundamental which really changes the nature of your job, you may wish to resign and make a claim for constructive dismissal. This is, of course, a big step which requires careful consideration. We recommend you contact us if you are contemplating resigning. You cannot, normally change your mind once you have left, and there are significant hurdles to overcome for a claim for constructive dismissal.

If your employer terminates your contract and offers you re-employment on the new terms, you should seek specialist legal advice and Tees can help you. There are some circumstances when the employer may be able to do this, and others where you may have been unfairly dismissed, or may be entitled to a redundancy pay-out. Each case will depend on its facts.

Can my employer legally reduce my work hours without my consent?

Check your contract to see if your employer has included the option to reduce your working hours. It would be in the normal working hours section of the document and there may have been some flexibility written into your terms to allow for quiet periods in the business or in anticipation of a downturn in the economy. There may also be “pay-out” terms in your contract.

If this is not the case you may be able to understand the reason for the reduction in your hours and be prepared to accept them as a short-term measure. However, your employer cannot legally reduce the number of hours and if you don’t wish to accept the new hours you should, in the first instance, discuss the matter with your HR department.

Can a company legally reduce my pay?

Your employer cannot reduce your pay without your consent. If your employer tries to reduce your pay without your consent, you have the same options as those above.

If your employer asks for your consent to reduce your pay – and you do not accept – they may opt to terminate your contract on notice. Your notice is set out in your contract. Your employer may then offer you a new contract, with the reduced salary, although this is not guaranteed.

If your employer is seeking to reduce your pay, it is worth taking specialist advice early on for a clear picture of your options and next steps, employers must follow the correct process when making changes to your contract – for example, if enough employees are affected by the proposed changes, a consultation may be required.

Can my employer deduct money from my wages without my consent?

There are some normal deductions from your wages that your employer is allowed to make such as income tax, national insurance and student loan repayments. A deduction can also be made if you were overpaid in a previous payment. Your employer isn’t obligated to let you know beforehand about deductions because of a previous overpayment.

If you think that some money has been deducted which you weren’t expecting you can discuss it with your employer. They should clearly explain why the money was deducted. It may be a miscalculation of there could be a genuine reason. If it remains unresolved you will need to raise a formal grievance detailing the money you believe you are owed and a timeline.

You can raise a grievance whether or not you are still in that employment.

Advice from an employment solicitor about changes to your contract

If you are not able to resolve the problem through discussion with your manager and/or your HR department then you may wish to raise a formal grievance.

“As with any dispute at work it can be worth it, in the first instance, to discuss the matter with your employer to try and find a resolution that works for all parties” says Rob Whitaker, Partner at Tees Law. “It is desirable to maintain your employment relationship going forwards and so the quicker a solution is found the better for both employer and employee. Sometimes, however, this is not possible and you may need to chat the situation over with an employment law specialist to find out your options and what each one entails”.

If your contract at work has been changed without your consent and want help at any stage of the process talk to our employment law specialists. We’ll listen to your situation and advise you on the best way to move forward.

Call our specialist Employment Law solicitors on 01245 293197 for an initial chat, at no obligation, or fill out our enquiry form and a solicitor will get in touch.

Increasing the value of your leasehold property

Posted on 18 June 202026 March 2025 by Sarah O'Sullivan

Over the past few years, the leasehold system has come under significant scrutiny for being unfair and complex. Issues such as extortionate ground rents and service charges, as well as the potentially huge cost involved in extending a lease or buying the freehold, can make owning a leasehold property expensive, complicated and stressful.

Meanwhile, the number of years remaining on your lease can have a significant impact on the asking price of your home, should you choose to sell it, as well as making it extremely difficult to remortgage. In this article, we explain how you can maximise the value of your leasehold property.

What is a leasehold property?

When you purchase a leasehold property, you own the property itself, but not the land it is built on. As a leaseholder, then, you are essentially renting the property from the landlord (or ‘freeholder’) for a certain number of years. As a general rule, most flats are sold as leasehold properties, while most houses are freehold (although they can be sold on a leasehold basis, and usually are if purchased through the Shared Ownership scheme).

What is a lease?

Your lease is a contract between you (the leaseholder) and your landlord (the freeholder) giving you conditional ownership of the property for a set period of time. The usual length of a lease on a new property is either 99 or 125 years, although some larger developers (for example, Persimmon and Barratt Homes) are now offering much longer 999-year leases.

The lease also sets out the contractual obligations between yourself and your landlord. Generally your obligations will include the payment of ground rent and service charge, while your landlord will be contractually bound to maintain, insure and manage the building. The lease may also set out restrictions on what you are permitted to do in your property (called restrictive covenants). For example, some leases may prohibit you from keeping a pet in your flat.

Why does the length of my lease matter?

While a lease is normally granted for a period of 99 or 125 years, the length remaining on the lease can be misleading. Once the remaining term on your lease has dipped below 90 years (which may still seem like a very long time), it is likely that you’ll see the asking price of your home fall quickly, and it can even compromise your ability to remortgage your property.

Once you have 80 years remaining on your lease, very few mortgage lenders will be willing to lend against your property, meaning that those willing and able to purchase will be limited to cash buyers only. It will also cost much more to extend your lease if you let the term dip below 80 years.

What is lease extension?

Because your property becomes less valuable as your remaining term gets shorter, you have the right to extend the lease on your flat under the Leasehold Reform Housing and Urban Development Act 1993. Under the Act, you can extend your lease for a further 90 years at a ‘peppercorn rent’ – i.e. you won’t have to pay any ground rent. So, if you extend your lease when it has 85 years left to run, your extended lease would be for 175 years.

It should be noted, however, that if you allow the remaining term on your property to fall below 80 years before deciding to extend it, the process will cost much more due to a fee known as the ‘marriage value’. Essentially, this means that when you extend the lease, the freeholder has a right to be paid 50% of the value added to the property as a result of the lease extension. This could potentially run into tens of thousands of pounds, so it pays to start the process well before this point.

How do I extend my lease?

Lease extension can be a complex and expensive process, but it will significantly increase the value of your leasehold property. There are two ways of starting the lease extension process. You can take an informal approach and contact your freeholder directly to negotiate a lease extension. This works best if you have a good relationship with your landlord, and it can be much quicker and cheaper to achieve.

However, most leaseholders will have to seek legal advice and take the formal statutory route to lease extension, the steps of which are outlined below:

You must check that you are eligible for lease extension. To be eligible, you must have owned your property on a long lease (i.e. with an original term of over 21 years when it was originally granted) for two years before you are allowed to extend your lease.
You must instruct a solicitor who specialises in lease extensions. When taking the formal route, you are obliged to pay both your and your freeholder’s legal and surveyors costs. As such, you may be tempted to omit this part of the process and deal with the legalities yourself – but this is very much a false economy. Lease extensions can be highly complex, and without the support of an expert, you could end up without retaining your legal rights and ensuring the lease is legally capable of registration at the land registry.
You must also appoint a valuation surveyor with experience in lease extensions to value your property and calculate the premium you must pay to extend your lease. You are responsible for both your and your landlords surveyors fees.
To formally start the lease extension process, your solicitor must serve a ‘section 42 notice’, otherwise known as a tenant’s notice, on the ‘competent landlord’, who will usually be the freeholder. They will then have two months to respond with the terms they accept and reject.
The final step will be to negotiate the wording of your lease extension. Your solicitor will be able to handle the negotiation process on your behalf. If you cannot come to an agreement on price or wording, your case will have to go before a tribunal, which can incur further costs.

What is involved in buying the freehold? Is this better than lease extension?

Under the Leasehold Reform, Housing and Urban Development Act 1993, leaseholders are entitled to join together and purchase their freehold for a fair market price. This right was further reinforced by the Commonhold and Leasehold Reform Act 2002. The process of buying the freehold is called ‘collective enfranchisement’. You’ll own a share of the freehold along with your fellow residents, and although you’ll still have a lease on your flat, you and the other residents who participate will be able to extend it for free.

Buying the freehold costs around as much as extending your lease but can be much more complex because you have to get at least 50% of the residents in your block involved. If the only reason you’re looking to buy the freehold is because of a short lease, it makes more sense to simply take the lease extension route.

However, some flat owners are trapped by unfair leases and expected to pay extortionate ground rent and service charges to their freeholder. They may also find that they’re being charged huge amounts of money for routine maintenance and services to their building. In this case, many residents take the path of buying the freehold, in order to take back control of their block and the money being spent on it.

As with extending your lease, you’ll still have to factor in legal costs and professional valuation fees, which will need to be considered before proceeding with either option. Don’t leave it until the last minute

Whether you’re looking to extend your lease or buy the freehold, it can be a lengthy process and leaving it until the last minute could significantly impact the value of your home.

When you instruct the property conveyancing team here at Tees, we’ll deal with all the legal aspects of extending your lease, providing regular updates throughout the process and dealing with any problems that may arise.

Considering a Buy to Let? Here’s what you need to know

Posted on 12 June 202027 March 2025 by Sarah O'Sullivan

There’s a lot to consider when deciding on whether to invest in a buy to let property. Eleanor Burroughs, Partner in the residential property team at Tees, outlines here some of the risks and benefits along with some key legal considerations.

What is a Buy to Let property?

Generally, Buy to Let refers to property which has been bought solely as an investment for letting to tenants whether that is single families or a group of students, but that is not always the case.

Sometimes a buyer may become a landlord by default, for example, they want to purchase the property for themselves to live in at a future date but must let it out in the meantime.

What are the benefits of a Buy to Let?

Landlords generally look for two things, capital growth and rental yield. In some areas of the country one of these may outperform the other so it is important you decide what you are looking for in terms of either a regular income or long-term gain and chose a property accordingly.

For some, being a professional landlord is their job and all their income derives from what they make on their rental properties, others may have just one property which they may have purchased as a pension for the future. Whatever your situation it is important you do your homework thoroughly before taking the plunge.

What are the risks in buying to

What are the risks in buying to let?

As with any investment, buying property does not come without risk and is not something you should engage in on a short-term basis as property prices go down as well as up.

You need to ensure you have enough capital behind you to pay for repairs to the property as and when they are needed
Ensure you can meet your obligations in void periods -when a property is empty
As well as loss of rent, keep in mind that you will still have to pay any mortgage costs
You must also pay council tax and utility charges in the absence of tennants

This is not always easy if the property is empty for some time. There are also the risks of tenants not paying the rent or causing damage and legal action being needed to gain possession.

You also need to be available to carry out repairs to the property. If that isn’t possible for you then you need to factor in the cost of employing someone to manage the property and for professionals to carry out repairs. These costs can quickly erode profit if your margins are tight.

What property should I buy?

The important thing is to take your time in deciding what is right for you and what is right for your potential tenants. Being a landlord is a business decision and you need to approach it that way.

You need to think about the type of tenant that would be attracted to the location and how adaptable the property is to the needs of the tenant group you are looking to attract.

There is no point buying a student let miles from a university or aiming to attract families with a one bedroom flat on the top floor of a tower block.

If you want something lower maintenance, a new build property or a flat in a professionally maintained block may be the answer.

Are there restrictions on the type of property I can let?

In order that you can let a property it must meet certain energy performance ratings. There are certain exceptions, but they are few and far between. For most properties, you can only let where the energy rating is E or higher.

If you are thinking of buying a leasehold property it is important that the terms of the lease are checked carefully to ensure there is no restrictions on lettings. Even if the lease does allow lettings to take place the landlord may have restrictions on the length of the term and is likely to require notice of this which may involve you paying a fee each time a new tenancy is agreed.

It is vital that you tell your solicitor of your intentions so as they can make sure everything is in order.

What are my legal obligations as a landlord?

There are many and they change regularly which is why a lot of buy to let landlords choose to use the services of a professional letting agent to manage the property for them and keep them updated of any changes.

If you don’t, then you need to ensure that you not only know the legal implications of letting when you first let the property but that you continue to stay abreast of changes throughout the entire letting period.

Amongst other things, you must ensure that the gas and electric are safe to use and that the property is well maintained. Additionally, you must ensure that your tenant has a right to rent and that any deposit provided by the tenant is properly protected and held in a government-approved scheme

Letting to students or letting a house in multiple occupation (HMO) requires licencing and there are more stringent controls on letting. Some local authorities now require you to have a licence even if letting to a single household.

What if I fail to comply with my obligations as a landlord?

This will depend on the type of breach, but failing to comply with your obligations can result in financial penalties and in the worst case a prison sentence so it’s important to seek the right advice and get it right!

Do I need a different type of mortgage for a Buy to Let?

The answer to this is yes. The fees and interest rates on buy to let mortgages tend to be higher than for a standard mortgage. You will need to advise the lender if you intend to let to students or on an HMO basis.

You can obtain interest only loans on buy to let as lenders will accept that the capital can be repaid on the sale of the property. Do remember if prices fall and the sale price does not cover the loan, you will have to make up the difference.

You will also generally need a higher deposit and your lender will want to ensure that the rental income you are likely to obtain will cover at least 125% of the mortgage costs. If the property is being bought by a company the legal costs for dealing with the mortgage are also likely to be higher. Buy to Let mortgages require properties to be let on an Assured Shorthold Tenancy basis.

Are the costs of buying to let higher than for buying my main home?

When you are buying a property for the purposes of letting it out there are tax implications you need to be aware of. Firstly, you will generally have to pay a stamp duty land tax surcharge of an extra 3% on the entire purchase price. Stamp Duty Land Tax is a complicated area but we can guide you to the right advice. Your rental income must also be declared in your annual tax return and there are capital gains tax implications when you come to sell if you have made a profit.

If you have chosen to set up a company to own the rental property, there are different tax considerations to consider. The rules around reporting and paying capital gains tax have recently changed and the timeframe is now limited to 30 days from completion of the sale.

How to protect your property from fraud

Posted on 9 June 202027 March 2025 by Sarah O'Sullivan

Property fraud is on the increase and fraud methods change all the time. You should look out for anything that seems unusual or suspicious, as usually there will be more than one sign that fraud is being committed.

What are the types of property fraud?

Identity theft and impersonation

Criminals may impersonate anyone involved in a property transaction, including owners, buyers, borrowers, lenders or conveyancers.

One of the ways that property fraud can occur is where a fraudster has used forged documents to claim they are the owner of a property. They then apply for mortgages against that property and the mortgage is registered against the title to the property at the Land Registry. The fraudster then pockets the proceeds of the mortgage and disappears leaving the owner of the property with a debt they know nothing about until the lender claims they have defaulted on the mortgage.

If a property already has a mortgage secured against it, then the consent of the original lender is required before additional borrowing can be completed which makes any fraud harder to undertake.

If you do not have a mortgage or do not live at the property and therefore do not receive any notices or letters that are sent there, you can protect yourself in several ways.

We would recommend that you make sure that you notify the Land Registry of any change of address you may have so that they have up to date records of where to write to you. You can have up to three addresses listed including an email address, so if you travel frequently you will be able to choose the most appropriate addresses for you.

It is possible to register a restriction on your legal title. This requires the consent of a third party before a mortgage can be completed and registered against the title to your property. You can apply for a restriction if you live in the property but you have to pay a fee. If you don’t live in the property but own it privately, it is free.

Buyers

Criminals may use false ID to pretend to be a buyer and make an offer, then withdraw before exchanging. They can then use the information they’ve learned during the process to commit title fraud on the owner of the property. They may also continue with the transaction and steal any money raised from the lender.

Sellers

Criminals may attempt to sell or mortgage a property by impersonating an owner using false or stolen ID.

Criminals often target:

sole owners, especially of unmortgaged properties
owners who have died
owners living overseas
absent owners, especially landlords
owners who are in a hospital or care home
owners who have built up equity in their property

Conveyancers

A criminal may pretend to be a conveyancer or to act for an authorised firm of conveyancers. You should check the details of the conveyancer acting for the other party to make sure they’re correctly registered.

Lenders

Criminals may submit forged discharges – a formal recognition that a mortgage has been paid off.

Be wary if the source of the discharge is not a lender regulated by the Financial Conduct Authority, or where the lender itself does not give you the discharge.

Am I at risk of property fraud?

Anyone who owns or is in the process of buying a home could potentially be targeted by scams, but some homeowners are more at risk than others.

If your property is empty or rented out, it is more vulnerable to fraud. Properties that aren’t mortgaged are seen as more high risk, as are those that are not registered with the Land Registry.

Properties most likely to be unregistered are those that haven’t been mortgaged or sold since 1990.

What can I do if I think I’m at risk?

The first thing you should do is to sign up to the Land Registry Property Alert service.

Alerts are sent to you via email when official searches and applications are received against the property you want monitored.

If someone tries to make changes to a property you have registered – such as applying to change the registered owner of your property – a notification is sent to you via email.

It won’t automatically block any changes to the register but it will tell you what is happening so you can take appropriate action if necessary.

It’s a good service for landlords too, as you can monitor up to ten properties at one time free of charge.

More than one person can monitor a property at the same time, which is useful if you and your siblings are looking after a property for parents in care.

Ensuring your protection during a property transaction

As professional property conveyancing solicitors, we actively engage with our clients to ensure that your data and monies are well protected. We insist that your bank details are only sent by post and will alert you to potential scams such as ignoring emails or phone calls that claim last minute changes of bank account details.

We would also advise:

Do not send your bank details by email to anyone, either phone them through or take them into their office – if this is possible
Choose your conveyancing solicitor carefully. Tees (incorporated under the name Stanley Tee LLP) is registered with the Law Society and the Council for Licensed Conveyancers
Read anything sent to you by your conveyancing solicitor very carefully. We provide our clients with our bank details at the outset, by post and we stress that those details will not change
If you are being pushed to proceed very quickly, be careful. Fraudsters often use this tactic so that emails are used and corners are cut

As simple and stress free as possible

Whether you’re buying your first house or expanding your buy-to-let portfolio, we keep in touch regularly and try to keep the process as simple and stress-free as possible.

Our property solicitors are members of the Law Society’s Conveyancing quality scheme. When you’re ready to make your move, call us to get a conveyancing quote.

How to succeed at property auctions: Expert tips for buyers

Posted on 8 June 202027 March 2025 by Sarah O'Sullivan

So you have seen an auction advertised in your local paper and as you have nothing else to do with your time you decide to go along and have a look to see what is available.

You don’t need a solicitor before the auction – or do you?

Well the answer to that is an emphatic “yes”. You should ensure that you do all of your research before going to the auction as, in the event of you bidding successfully, contracts are exchanged when the gavel goes down and you will have a contract which binds you to purchase the property on the date specified in the contract.

What is more, you should make sure that all of the searches and surveys are carried out before contracts are exchanged, just as you would if you were going to purchase a property in the usual way (which is known as by Private Treaty).

A purchase by auction should not be viewed any differently.

How do I start the process of buying at auction?

After seeing the advert you should get a copy of the catalogue. Most of these are now available online. You should then consider which particular properties you might be interested in.

The catalogue will show a guide price for the property. This is not the price for which the property will actually be sold but the agents guide of their estimate of the price the property may achieve. The property may sell for significantly more than that although it may also sell for less. Do not however make the mistake of believing that you will be able to pick up a bargain.

Properties do on occasion go for significantly higher than the guide price. It only takes a number of people to be bidding for the property to go significantly higher than anyone thought possible. The seller may well have set a reserve on the property which means that the property cannot be sold at the auction for anything below that figure.

What about a survey?

When you have selected properties that you would like to look at then you should arrange to visit them if at all possible and you should also arrange for a proper survey of the property to be conducted by an appropriately qualified surveyor. The surveyor will be able to advise you about the state and condition of the property ensuring that it is structurally sound and also advising on any work that may need to be carried out. This will enable you to obtain quotes if necessary as you do need to go into the auction with all of the relevant costings available.

What will my solicitor do?

The catalogue will show that a legal pack is available and that is what the solicitor needs to look at. This should contain copies of the title deeds to the property and any searches that the seller’s solicitor may have completed. Most catalogues should be available several weeks before the actual auction and you should give your solicitor as much time as possible to check through the documents for you.

Properties which are going to auction often have some form of problem with them. This can be either a legal problem or structural one. Your solicitor will check any legal issues for you and will ensure that there are no problems evident in the title deeds or searches.

Common problems include:

Issues with rights of way or rights for services to be connected
Boundary issues
Missing or inaccurate title deeds
Planning restrictions

Regarding the last point, if the property is being sold with planning then the contents of the planning documents should be checked carefully to make sure that there are no hidden concerns.

You may find that you have to carry out further investigations in relation to such matters as contamination on the site particularly if you are going to convert something to residential use. Make sure that you give yourself enough time to carry these out. “Marry in haste repent at leisure” applies equally to this situation.

Financial considerations

Before attending the auction you must make sure that you have enough money to complete on any purchase. Remember that as well as the amount that you bid for the property the auction house will add a percentage as their fee. You should also take into account any stamp duty that you have to pay and the land registry fee that you will have to pay to register you as the owner of the property if you are successful.

The cost of any searches that have been provided by the seller is often added to the price that you will have to pay and on occasion, the seller also makes it a term of the auction that their solicitor cost have to be paid by the buyer.

Offers in advance of the auction

If you are particularly keen on the property then you may well be able to make an offer before the actual auction. If that offer is successful then the seller is likely to require that you exchange contracts in the conventional way before the auction takes place at which point they will withdraw it from the actual auction.

Auction day – what happens when the day arrives?

Once at the auction try not to get carried away with the excitement of the situation. It is vital that you set a limit on the amount that you can pay for the property. Do not bid more for the property than you can afford or that it is worth to you. This may sound obvious, but it is all too easy to get caught up in the moment and get carried away.

The auction house will ask you to provide them with proof of funds and ID before issuing you with a number which is used to identify you when are bidding. This is required to comply with the Money Laundering Regulations so make sure that you take these with you or you will not be able to bid.

It is possible to bid in a number of different ways. You can bid on the telephone, the internet or via a proxy bid. You will need to comply with the Money Laundering Regulations whichever method you use to make your bid.

Success! Now what happens?

If you are successful you will have to pay the deposit there and then and the bringing down of the gavel signifies exchange. You cannot refuse to complete the transaction on the basis that you find something out after the auction that you should have known before.

The completion date will be set in accordance with the conditions set out at the back of the catalogue and will usually be 20 working days after the auction although this time frame may vary.

If the property is not sold at the auction it may still be possible for you to purchase it as the agents tend to approach any underbidders to see if they would be interested. You will often see agents in a huddle after the auction trying to secure a deal if the highest price offered is very close to the reserve that was set.

Remember auctions can be a very stressful environment but can also be a great deal of fun. Also remember to consult your solicitor as early in the process as possible to make sure that you know all the ins and outs of the property that you want to bid for.

Fast and efficient service

Our Residential property solicitors are members of the Law Society’s Conveyancing quality scheme and experts in dealing with transactions involving property purchased at auction.

We understand that speed of service is an important factor when buying at auction and will take care of all the legal formalities as quickly and efficiently as possible right through to completion.

Farming divorce: Protecting your family farm

Posted on 3 June 202023 March 2025 by Sarah O'Sullivan

A farm is usually a family business, but it’s more than simply an income. It’s an all-consuming occupation and a way of life. Divorce has become part of everyday life, and farming families are as susceptible as any other to a marriage failing. However, farming divorces are more complex, so it’s vital that you seek expert legal advice.

Clare Pilsworth, Partner in the Family Law team at Tees, outlines the challenges faced in a farming family divorce and identifies steps that can be taken to ensure that the farming business is protected from the outset.

If the worst were to happen and your marriage hits troubled times, we will provide you with the expert legal guidance and support you need.

What factors are considered in a farming divorce?

The primary aim in a divorce separation is to establish what the needs of each party are and how these needs may be met.

The courts have very wide discretion to reallocate assets within a marriage to ensure that both parties’ needs are met for the future. This could mean being forced to sell off land or property in order to raise cash, which will raise some important issues for your farming business.

The first step is to define the assets and decide how to share assets built up during the marriage. The Courts will then seek to ensure each party receives a ‘fair share’. A fair share, however, does not necessarily mean equal, and farming cases merit special consideration, including:

Inherited assets which are not subject to the sharing principle in the same way
A farm owned by the wider family, for example, with siblings, parents or both, will require careful thought as Courts are reluctant to damage the livelihoods of other third parties.
Provided there are sufficient liquid assets, the Courts can disregard equality in favour of protecting any inherited element

Whilst for non-farming divorces, an equal division of assets and wealth accumulated during marriage could be considered a fair divorce outcome, this may not always be achievable for farming families because of the need to preserve assets that were owned long before the marriage.

‘Fairness’, however, still requires financial needs to be met.

What about family members living on the farm?

You may have passed certain farming properties to your adult children or have allowed them to live in them to ensure that the needs of the farm can be met.

Where an adult child has received financial support or housing from a parent during the marriage which is then subject to divorce the Court can make an order against the child effectively forcing them to prevail upon parents or the extended family, to provide support in relation to financial settlement.

It is therefore important to be aware of the potential implication of deciding to financially assist children during their marriages. This is particularly relevant where a family’s wealth has been built through the farming generations, and the family want to prevent the farming business being broken up during divorce proceedings.

Do I need to go to court?

Contesting financial matters in Court within a divorce can be very costly and is not the only option open to you. The Courts are, therefore, placing more and more emphasis on non-court dispute resolution as a means of solving disputes because of the significant delays and expenses that come with court proceedings.

Non-court dispute resolution options, such as mediation, collaboration, and arbitration, are alternatives to court proceedings that seek to resolve matters as efficiently, cost-effectively, and amicably as possible.

How can I protect my farm?

Careful planning in advance is extremely important. By doing so, you can structure your arrangements taking full account of the specifics of your farming business and individual family circumstances.

There are several ways you can seek to protect your farming business along with future income streams:

Partnership Agreements

Partnerships are the most common business structure within the farming industry – they are relatively simple and a flexible way to run a farming business. By drawing up a partnership agreement, you will be able to ensure that it is made clear in writing exactly which assets belong to the partnership and which are owned by each partner as individuals.

Family Trusts

One way to protect the family farm is through a family or discretionary trust. This trust not only protects family assets but can also divide farm income to minimise tax.

A trust “owns” your family assets, such as the farm, investments, home, shares, or business, while you, your family members, or others might be beneficiaries under the trust.

Trusts can play a key role in protecting family wealth on divorce and can provide a means to assist adult children without risking farm assets. However, trusts should always be considered as part of a long-term strategy to protect family wealth, as a trust set up when a marriage is on the verge of breakdown is unlikely to withstand the scrutiny of the courts.

What about a prenuptial agreement?

Prenuptial agreements are an effective way of legally protecting your farming business, together with property and money acquired before a marriage. Entering into such an agreement before marriage allows you and your future spouse to plan how you will divide current and future assets should you divorce in the future.

However, there is something to be said for ensuring that the spouse marrying into the farming family does not feel excluded through entering a prenuptial agreement and, through the marriage, feels invested in the future success of the farm and business.

If a prenuptial agreement might be considered, it should be done so in light of the joint commitment of the marriage. It is that commitment which will make the farm succeed as well.

It is important to take expert legal advice from a family lawyer who specialises in dealing with farming assets on divorce to ensure that the terms of the prenuptial agreement are sufficiently robust to be upheld by a court.

Certain criteria must be fulfilled for the agreement to be upheld and it is important for both parties to receive independent legal advice.

Expert legal advice for over a century

Tees’ heritage and culture has been rooted in the local farming community in and around East Anglia for well over a century, and its legal experts, many of whom are from farming families themselves, have decades of experience in dealing with all aspects of legal farming matters.

Delay in diagnosis of Giant Cell Arteritis

Posted on 15 April 202024 March 2025 by Sarah O'Sullivan

Losing your vision, either partially or entirely, can be deeply distressing. It can limit your independence, affect your mobility, and make it challenging to maintain employment. Depending on the extent of your sight loss, adjusting to this new reality may involve significant lifestyle changes and expenses.

If your vision loss was caused by medical negligence, you have up to three years from the incident to bring a claim. At Tees, our experienced medical negligence solicitors can guide you through the process.

With prompt diagnosis and treatment, Giant Cell Arteritis (GCA) is a manageable and often curable condition. However, untreated GCA can lead to serious complications, including irreversible vision loss.

Sarah Stocker, a solicitor specialising in GCA claims at Tees, explains the symptoms, causes, diagnosis, and treatment of this often-overlooked condition.

What is Giant Cell Arteritis (Temporal Arteritis)?

Giant Cell Arteritis (GCA) is the most common form of vasculitis in adults, primarily affecting those over the age of 50. The name refers to the large or “giant” cells that can be seen when inflamed arteries are examined under a microscope.

GCA mainly affects the arteries in the temples but can impact other arteries throughout the body.

Symptoms of Giant Cell Arteritis

The symptoms of GCA can vary depending on which arteries are affected. Common symptoms include:

Severe, recurring headaches
Tenderness over the temples
Scalp sensitivity, especially when brushing hair
Jaw pain while eating or talking
Vision disturbances such as double vision or loss of vision in one or both eyes

Other general symptoms include:

Fatigue and weakness
Fever
Unintended weight loss
Shoulder, hip, and neck pain
Depression

If you experience any of these symptoms, particularly sudden vision loss, seek medical attention immediately.

Causes of Giant Cell Arteritis

The exact cause of GCA remains unknown, and there are no well-established risk factors. However, it is most commonly seen in individuals over the age of 50 and may be linked to the immune system mistakenly attacking healthy blood vessels.

Diagnosing Giant Cell Arteritis

A diagnosis of GCA usually involves:

Physical examination: A doctor will check for tenderness over the temples and may identify a weakened pulse in the arteries.
Blood tests: Inflammation markers like Erythrocyte Sedimentation Rate (ESR) or C-reactive protein (CRP) may indicate GCA.
Ophthalmologist referral: An eye specialist may conduct a thorough examination to check for optic nerve damage.
Ultrasound or biopsy: A temporal artery biopsy may be performed to confirm the presence of giant cells.

Prompt diagnosis is essential to prevent permanent vision loss.

Treatment for Giant Cell Arteritis

Steroid Medication, typically prednisolone, is the primary treatment for GCA. Due to the risk of vision loss, treatment often starts before test results are confirmed.

Initial High-Dose Steroids: Administered for several weeks to control symptoms.
Long-Term Management: The dosage is gradually reduced, sometimes over several years.
Ongoing Monitoring: Some individuals may require lifelong maintenance treatment.

Prognosis for Giant Cell Arteritis

With early diagnosis and appropriate treatment, the outlook for GCA is generally positive. However, if vision loss has occurred, it is usually irreversible.

Most complications arise from the long-term use of steroids, rather than the condition itself.

How We Can Help

At Tees, our medical negligence solicitors are dedicated to supporting you through every step of your claim. We will listen to your story, assess your case, and provide clear, honest advice on your options. Our goal is to secure the best possible outcome for you.

Three new female partners tip the balance at Tees

Posted on 1 April 202030 March 2025 by Sarah O'Sullivan

Three new female partners have swelled the senior ranks at Tees Law, a Top 200 law firm with offices in Bishop’s Stortford, Brentwood, Cambridge, Chelmsford, Royston, and Saffron Walden. Letty Glaister, Eleanor Burroughs, and Kay Piper’s promotions to the partnership mean that female lawyers now comprise the majority of the firm’s partners. In a profession where women typically occupy less than a third of partnership roles, Tees is leading the way in supporting female lawyers to access senior positions and progress in their careers.

Commitment to diversity and equality

Tees’ head of HR, Amy O’Brien, commented: “Tees encourages and values diversity and is committed to equality for its entire staff. Fifty-three percent of partners at Tees are women, and having such a balanced split works really well for us. Each partner, be they male or female, brings different strengths and qualities to the team and contributes to driving the company forward. These principles of equality of opportunity and non-discrimination also extend to the manner in which our employees interact with our clients, our business partners, and our visitors.”

Kay Piper’s vision for commercial property

Kay Piper is head of Tees’ commercial property department in the Bishop’s Stortford office. Speaking of her appointment, Kay says: “I am looking forward to increasing the team’s presence and connections within the community, reaching out to build local awareness of Tees’ expertise in commercial property matters. I am also very keen to further develop a collaborative team within Tees, ensuring that we work together to deliver a joined-up service for our clients. Whilst the entire Tees team is currently working from home, we’re still working hard to keep connected with our clients and to each other. We’re actually finding that we’re communicating more than ever.”

Letty Glaister’s rural community focus

Letty Glaister, who heads up the Royston office, hopes to further strengthen her relationships within the rural community and cement Tees as the law firm of choice for farming clients throughout Hertfordshire and Essex. “It’s really important that our clients trust us implicitly, and that can only be achieved by making a real effort to strengthen our links with the surrounding community, especially during these difficult times when many rural families are feeling concerned and isolated due to social distancing measures,” she says. “Particularly in the rural world, maintaining close relationships is vital as we are dealing with farms that have been in families for generations, meaning that emotions can run high for all concerned.”

Eleanor Burroughs’ commitment to Saffron Walden

Eleanor Burroughs, who has been working at Tees’ Saffron Walden office for 11 years, heads up its residential property department. In addition to her partnership promotion, she has also been promoted to head of the Saffron Walden office, effective from April. Going forward as a partner, Eleanor says she is “looking forward to maintaining the close links we have worked so hard to build up with the local community, and to building the Tees brand.”

A message from the group managing director

Ashton Hunt, group managing director at Tees, is delighted by the three new partners’ success: “At Tees, we have always been assiduous in ensuring our female solicitors are supported in progression to senior roles. Letty, Eleanor, and Kay have all consistently demonstrated their excellence in their fields and commitment to our firm during their time here. Whilst leading their teams remotely during these challenging times, they continue to deliver a consistently excellent service to their clients. Their promotion to partner is thoroughly well deserved.”

What is family arbitration? A guide for separating couples

Posted on 31 March 202023 March 2025 by Sarah O'Sullivan

Family arbitration is a private, confidential process designed to help separating couples resolve disputes without the need for a formal court application. It offers a faster, more flexible, and cost-effective alternative to court proceedings for disagreements over finances or child arrangements.

Sally Powell, an experienced family law professional, can guide you through the arbitration process. From selecting an arbitrator to navigating financial or child-related disputes, Sally provides expert support to ensure a smooth resolution.

How does family arbitration work?

Arbitration involves appointing an independent, qualified arbitrator who acts like a private judge to make a legally binding decision. Both parties must agree to arbitration and commit to accepting the arbitrator’s decision.

The process is adaptable to suit your needs. It can involve submitting documents, phone conferences, or face-to-face meetings. This flexibility makes arbitration a quicker and often more affordable solution compared to the lengthy court process.

What is an Arbitrator?

An arbitrator is a legally trained professional with extensive family law experience. With a minimum of 10 years of post-qualification experience, arbitrators undergo rigorous training to ensure they can deliver fair and impartial decisions. Similar to a judge, they assess evidence, consider legal arguments, and provide a written decision, called an “award” in financial cases or a “determination” in child arrangement cases.

The family arbitration process: Step-by-step

Agreement to arbitrate: Both parties must agree to arbitration and appoint a suitable arbitrator. If an agreement cannot be reached, the Institute of Family Law Arbitrators can select one for you.
Initial case management conference: This is often held via phone or in person to set out how the arbitration will proceed.
Evidence and submissions: Each party presents their evidence and arguments.
Decision making: The arbitrator delivers a legally binding decision in writing.
Court approval (if necessary): In most cases, the arbitration decision is converted into a court order for enforcement.

Advantages of family arbitration

Faster resolution: Avoid lengthy court delays with a streamlined process.
Confidentiality: Protect your privacy with confidential proceedings.
Expertise: Choose an arbitrator with specific experience in family law.
Flexibility: Schedule hearings around your availability.
Cost-effective: Reduce legal fees compared to court litigation.

Is an arbitration award legally binding?

Yes. An arbitration award has legal standing and is enforceable in the same way as a court order. While appeals are limited, you may challenge an award if there is a serious legal error or procedural irregularity.

Arbitration vs. mediation

While both processes are alternatives to court, they differ significantly. Mediation involves a neutral mediator facilitating discussions to help parties reach an agreement. In contrast, an arbitrator makes a binding decision. In some cases, mediation and arbitration can be used together to resolve specific issues.

How much does family arbitration cost?

Arbitrator fees are typically agreed upon in advance, and both parties usually share the costs. While the fees vary depending on the arbitrator’s experience and location, the overall expense is generally lower than court proceedings. Additional costs may include legal representation and expert reports if required.

Get started with family srbitration

If you’re considering arbitration to resolve family law disputes, it’s essential to seek legal advice. A qualified solicitor can assess your circumstances and help you navigate the arbitration process. Contact Sally Powell for expert guidance tailored to your needs.

Family arbitration offers a practical, efficient, and private way to settle disputes, ensuring a fair outcome for both parties while reducing the stress and costs associated with court proceedings.