Education, Health, and Care Plan for student success

The law states that ahead of a child moving between key phases of education their Education, Health, and Care Plan (EHCP) must be reviewed and reissued to allow for planning and preparation for transition and provision in the new educational setting.

The phase transfers are:

  • early years provider to school
  • infant school to junior school
  • primary school to middle school
  • primary school to secondary school
  • middle school to secondary school
  • secondary school to a post-16 institution.

The deadline for EHCPs to have been reviewed, amended (where necessary), and issued for most phase transfers is 15 February. For transfers for young people from secondary school to a post-16 institution or apprenticeship, the deadline to review and make any amendments to the EHCP is 31 March.

Where the transfer is taking place at a different time of the year to September, the local authority (LA) must take this into account, review, and amend the EHCP at least five months before the transfer takes place.

For those who have not yet received their amended plan, it can be an anxious wait until then.

The Review Process

The review for phase transfers should follow the usual annual review process. Four weeks after the annual review, the LA must send the proposed amendments and a draft of the EHCP to the parent or young person. The parent or young person then has at least 15 days to make representations about the proposed amendments/content of the EHCP and to request a particular school be named. The LA must issue the final amended EHCP, with notice of appeal rights, which should be included in the decision letter within eight weeks of the draft. To comply with these statutory deadlines, the annual review for all transfers, except those between secondary to post-16 institutions, must have been held by no later than 22 November 2024, and the draft EHCPs issued by 20 December 2024.

Phase Transfer, and particularly the transfer from primary to secondary school, is frequently when it becomes necessary for a child to move from mainstream to specialist provision. This decision, in and of itself, can be daunting but it’s crucial to be aware that you must inform the LA of the type (be that specialist or mainstream) and the name of the school you’d like named in your child’s EHCP. Usually, the venue for these discussions would be the annual review but if one’s not been called you may need to take things into your own hands. The LA must then consult your school of preference and any others they are considering before they name one in the EHCP. Schools must be given 15 days within which to complete the consultation and must have view of the draft EHCP as well.

What if you are not happy with the amended EHCP?

If the local authority has issued a final EHCP and you are unhappy with the special educational needs reflected in Section B, the special educational provision listed in Section F, or the setting named in Section I, you have the right to appeal the LA’s decision in the First Tier Tribunal. You can also ask the tribunal to make non-binding recommendations in respect of health and social care needs and provisions (known as an Extended Tribunal).

You have two calendar months from the date that the LA made their decision to lodge the appeal. Before doing so, where your appeal includes Sections B and F of the EHCP, you must obtain a mediation certificate. The decision letter will include instructions on how to obtain the certificate. Once obtained, you have an additional 30 days from the date of the mediation certificate to lodge the appeal. However, you should act quickly once you have received the EHCP because time is of the essence ahead of the transition in September and the tribunal will receive an influx of these appeals at the same time.

If you are only appealing Section I of the EHCP (educational placement) you do not need a mediation certificate.

What should you do if a review has not been carried out?

If your child is a phase transfer and the local authority has not yet arranged a review, the LA is in breach of its statutory duty.

You have a right to complain to the local authority if they have not complied with the statutory deadlines listed.  Depending on the circumstances, it may be necessary to consider a public law remedy arising from the Judicial Review process.

Contact

If you would like advice or assistance about the above, please contact Legal Director, Polly Kerr, who leads the Education team at Tees, on 0330 135 5806 or by email at education@teeslaw.com.

 

Basildon based Enterprise Adhesives & Chemicals Limited manufacturer sold to Pafra Adhesives Limited

Based in Basildon, Enterprise Adhesives has manufactured a wide range of adhesives and glues for its UK customers and distributors for over 35 years.

Pafra Adhesives Limited, owned by Gluecom UK Limited and headquartered in Belgium, has produced various industrial adhesives since 1959. The acquisition will strengthen Pafra’s and Gluecom’s presence and manufacturing business in the UK market.

Tees Law assisted the shareholders, Ian Harvey and Andrew Harvey, with the Enterprise Adhesives sale, advising on the corporate, real estate and various legal aspects. Lucy Folley, partner and head of Tees Law Corporate and Commercial department, said: “We were delighted to support the shareholders with the sale of Enterprise Adhesives and are pleased to see the growing business opportunity that presents, with Pafra’s reputation in the adhesives industry.”

Commenting on the deal, Ian said: “Enterprise Adhesives is a successful regional business, and I’m pleased that by joining Pafra, one of the market leaders of the UK adhesives, owned by Gluecom group, the company will continue developing its business and extending variety of adhesives products.”

The advisory team of Tees Law included Partner Lucy Folley and solicitors Nana Maisuradze and Nana Poku, trainee solicitor Alex Haines. Partner Daniel Fairs advised on real estate matters.

Ryan Symonds from FRP Advisory advised the Enterprise Adhesives shareholders on financial advisory matters.

Tees Law launches Make a Will Month campaign

Major regional legal and wealth management firm Tees Law is to offer Will writing services with waived fees across February 2025 in the launch of ‘Make a Will Month’.

The initiative aims to highlight the importance of estate planning and provides an opportunity to create Wills and support the local community. This step helps participants secure their legacy and honour their wishes.

The only request from Tees is that those taking up the opportunity donate to the firm’s Better Future Fund which is set up to support local communities to a better future by funding local community projects and organisations.

The Better Future Fund offers grants of up to £5,000 for projects that focus on learning and education and/or health and wellbeing, including supporting mental health for young people, children and families.

Peace of mind starts with a plan

Creating a Will is about more than just dividing assets—it’s about providing peace of mind and leaving a legacy for those you care about. Through early planning, you can protect your family members, and even contribute to causes that are meaningful to you.

Why writing a Will is essential

Tees encourages everyone to take this important step toward safeguarding their future. Here are some key benefits of creating a well-structured will:

  • Secure your family’s future

Ensure your assets are distributed according to your wishes, providing financial security for your loved ones and avoiding potential disputes.

  • Minimise tax burdens

Careful estate planning can reduce the tax burden on your family and make the probate process smoother and more efficient.

  •  Appoint guardians for your children.

A Will allows you to designate trusted guardians for your children, ensuring they are cared for by those you choose, should the need arise.

  •  Organise your legacy

Including charitable donations in your Will allows you to make a meaningful difference to the causes you care about, extending your positive impact beyond your lifetime.

We’re here to help

Throughout February, Tees is offering will-writing appointments with expert legal advisors under this scheme in return for donating to the Better Future Fund. Wills falling within the Tees ‘essential’ package will qualify, with additional advice outside that package being charged for separately. This offer provides participants professional guidance to craft a Will tailored to their unique circumstances.

A well-crafted Will is not just a legal document; it is a vital tool that provides clarity, security, and peace of mind. By offering this service during ‘Make a Will Month,’ we hope to help people safeguard their loved ones and ensure their legacy is preserved while helping to support our local communities”. Chris Claxton-Shirley, Senior Associate, Private Client

Whether you’ve been postponing writing your Will or didn’t know where to start, Tees’ initiative makes it easier to take this critical step. Appointments fill up quickly, and availability is limited, so act now to secure your spot and gain the confidence that comes with knowing your wishes will be honoured.

Let February 2025 be when you take control of your legacy and plan for your family’s future.

2024 Property trends: Sales, demand, and 2025 outlook

As we approach the new year, Zoopla has highlighted trends in the UK property market in 2024.

It is expected that, by the end of the year, there will have been 1.1 million sales completed – 10% more than last year. Meanwhile, January was the busiest month for visitors to the Zoopla site, followed by March and February. Interestingly, 80% of potential buyers were looking at the floorplans of a property before the photos, highlighting that pictures aren’t everything.

As for sellers, May was the most popular month to put a home up for sale – just in time for the summer, which is typically the busiest period for house moves. August saw 104,740 completions – the busiest month of the year according to HMRC. It took the average homeowner 33 days to sell – a slight reduction on 34 days in 2023. The most popular property type this year was a three-bedroom semi-detached house.

The top five fastest moving markets in the UK were all located in Scotland – Falkirk took the top spot with an average of 15 days to sell. In Scotland, properties are listed with a valuation and survey upfront, thus speeding up the sales process.

Where has buyer demand increased?

Comparison site GetAgent has revealed the levels of buyer demand in cities across Britain.   

The report highlighted the areas with the strongest growth in buyer activity this year. Out of 21 major cities, Sunderland came out on top; half of all homes on the market have currently found a buyer – 10% more than the start of the year. Leicester was second on the list with a 9% increase in buyer demand, followed by Liverpool (8%), Newcastle (7%) and Leeds (6%).

Aberdeen saw the lowest increase, with only a +0.2% change in buyer demand this year. London was also near the bottom of the list, with a 3.3% increase in activity. Although some increases were marginal, it is promising that every major UK city did see some growth in buyer demand in 2024.

What’s in store for residential property investment?

2025 is expected to be a good year for residential property investment despite recent policy changes.

Labour’s target to build 1.5 million new homes during this Parliament is likely to encourage investment in the residential property market. Capital Gains Tax on residential property remained unchanged in the Chancellor’s Autumn Budget, which came as a relief for many. However, those buying a second home are now subject to a higher rate of Stamp Duty Land Tax.

Following the Budget, the Bank of England warned that inflation could rise again, causing interest rates to fall at a slower pace. There was concern that this could make the UK less appealing to European investors, who could play an important role in achieving the government’s housing target. The impact remains to be seen; however, the Bank still hopes to reduce interest rates in 2025.

It is important to take professional advice before making any decision relating to your personal finances. Information within this document is based on our current understanding and can be subject to change without notice and the accuracy and completeness of the information cannot be guaranteed. It does not provide individual tailored investment advice and is for guidance only. Some rules may vary in different parts of the UK. We cannot assume legal liability for any errors or omissions it might contain. Levels and bases of, and reliefs from, taxation are those currently applying or proposed and are subject to change; their value depends on the individual circumstances of the investor. No part of this document may be reproduced in any manner without prior permission.

All details are correct at the time of writing (18 December 2024)

 

Corporate and Commercial: A year in review and looking ahead to 2025

In 2024, Tees’s Corporate and Commercial team welcomed new members and  was  involved in transactions totalling more than £100 million. This comes in the face of widespread business uncertainty provoked by the budget and broader market forces, with revised figures indicating zero growth in the UK economy between July and September.

Some work highlights

In May, Tees advised the sole shareholder of GTES Holdings Limited (the holding company of GT Engine Services Limited) on the sale of their shares to STS Aviation Services. GTES offers a range of aircraft maintenance, repair and overhaul services, working with some of the world’s leading aircraft repair and engine maintenance companies. Its acquisition by STS required experts in the corporate, commercial property and employment departments to work together to ensure the deal was completed on time.

Tees also acted for the sellers of a construction software company in a cross-border transaction further complicated by the need to secure approval under the National Security and Investment regime. The team worked tirelessly to ensure compliance with all regulatory requirements whilst liaising with lawyers in different time zones to ensure the transaction proceeded smoothly.

We also continued to advise clients on a range of commercial agreements. In addition to contracts for the supply of goods and services, we have also advised on an advertising licence for a ferry company and framework agreements for licensing intellectual property rights. The team’s flexibility and commercial acumen have allowed us to understand our client’s needs and then draft bespoke agreements that best protect our client’s commercial interests.

Our People

The team has continued to grow at all seniorities following Baljeet Kaur’s promotion to Partner in April 2023 before Partner Claire Powell joined the team in September 2023. The team increased to four partners with the arrival of Tracey Dickens in October 2024, whilst solicitor Nana Maisuradze joined, and trainee solicitor Charlie Neal qualified into the team in September.

This organic growth underscores Tees’ commitment to serving businesses in the wider Essex and Hertfordshire region.

Looking forward to 2025

Ahead of the budget, the team advised several clients on forming Employee Ownership Trusts, which provide a tax-efficient method of disposing of shares in a company. On Wednesday, 29 January 2025, Tracey Dickens will host a webinar looking at what makes Employee Ownership Trusts (EOTs) an attractive option for succession planning. Kingsley Tedder will join her from Mobius Group, and together they will discuss:

  • some practical guidance on the process and key considerations;
  •  the tax incentives for sellers and their company; 
  • the structure and day-to-day operation of EOTs; and
  • the traps to avoid.

2025 promises to be another busy year for the team with business owners looking to avoid the further increases to CGT by selling their interests before the 6 April deadline.

Head of department, Lucy Folley added that “2024 has been a fantastic year for the department with some complicated and exciting deals together with welcoming new team members. We are excited to return in the New Year and continue providing sound commercial and corporate advice to our clients.”

Meet the team:

Lucy Folley:

As Head of Corporate and Commercial, Lucy has over 20 years’ experience specialising in a range of corporate and commercial matters across several industry sectors, including M&A group restructuring, joint ventures and partnerships, MBOs, employee incentivisation schemes, finance and banking, and commercial agreements.

Tracey Dickens:

Having joined Tees in October 2024, Tracey brings with her two decades of experience in corporate and commercial matters including demergers, M&A, share restructuring, JVs, LLPs and partnerships, Employee Ownership Trusts and commercial agreements.

Claire Powell:

Claire joined the team in September 2023 and has over two decades of experience advising businesses on a range of commercial and corporate matters including joint ventures, reorganisations and mergers and acquisitions.

Baljeet Kaur:

Baljeet was appointed to the Tees Law partnership in April 2023 and specialises in mergers and acquisitions, disposals, management buy outs, joint ventures, financial restructuring and reorganisations, as well as company constitutional advice.

Natasha Bhandari:

Natasha joined the team in January 2021 as an Associate and has 4 years of experience in corporate and commercial fields. Natasha’s clients include SMEs, private equity companies, banks, large corporates and independently owned and managed businesses.

Elliot Stafford:

Elliot joined the team in January 2025 as an Associate and brings over 6 years of expertise in IP and Commercial Contracts to help the firm and its clients achieve even greater success. There’s enormous potential to provide additional value while maintaining the same high-quality and cost-effective service that our clients expect.

Nana Maisuradze:

Nana joined the corporate and commercial team in September 2024 and assists the team on various matters within the corporate and commercial field and is a dual-qualified lawyer qualified as a solicitor in England and Wales and as an advocate in Georgia.

Nana Poku:

Nana joined the team in March 2023 and provides key support to the team on a wide range of matters, including acquisitions and disposals, company restructurings, drafting constitutional documents, and advising on loan documentation.

Charlie Neal:

Charlie qualified in September 2024 following the completion of his training contract at Tees, spending two of his three training seats in the department, and brings over 2 years’ experience in the corporate and commercial field to the team.

Gabriella Cox:

Gabriella joined the team as a trainee in March 2024 having also spent time in the litigation and residential property departments. Gabriella supports the team with various corporate and commercial matters.

Alex Haines:

Alex joined the team as a trainee in September 2024, having spent time in various private client and business departments. Alex supports the team on numerous corporate and commercial matters and authoring articles highlighting changes to company law. 

Placental abruption signs: Medical negligence claims

Understanding placental abruption: Causes, symptoms, and medical negligence claims. The placenta is the baby’s lifeline in the womb, supplying oxygen and nutrients for proper development. A placental abruption is a serious condition that can pose a significant threat to both mother and baby. In rare cases, it can lead to severe injury or even stillbirth.

If you have experienced complications related to placental abruption and believe medical negligence played a role, you may be entitled to pursue a legal claim.

What is Placental Abruption?

Placental abruption occurs when the placenta partially or completely detaches from the uterine wall before delivery. This can reduce or cut off the baby’s oxygen supply, causing serious health risks. While it is a rare complication, occurring in less than 1% of pregnancies, its consequences can be severe.

Causes and Risk Factors

Although the exact cause of placental abruption is often unknown, several factors can increase the risk:

  • Previous placental abruption
  • Abdominal trauma (e.g., car accidents, falls)
  • Carrying twins, triplets, or more
  • Pre-eclampsia (high blood pressure during pregnancy)
  • Uterine infections
  • Chronic hypertension
  • Drug use (cocaine or amphetamines)
  • Smoking

Even without these risk factors, placental abruption can still occur. Pregnant women with concerns should consult their healthcare provider for personalized advice.

Signs and Symptoms of Placental Abruption

The most common signs of placental abruption include:

  • Vaginal bleeding
  • Abdominal or back pain
  • Uterine tenderness
  • Frequent, painful contractions

In some cases, bleeding may be concealed, meaning blood remains trapped between the placenta and uterine wall. This type of abruption may present with severe pain but no visible bleeding.

Diagnosis and Treatment

Prompt diagnosis and intervention are crucial to ensure the safety of both mother and baby. Medical professionals typically perform:

  • Physical examinations
  • Ultrasounds
  • Fetal monitoring

Treatment options depend on the severity of the abruption and the stage of pregnancy. In severe cases, an emergency cesarean section may be necessary to prevent further complications.

Medical Negligence and Placental Abruption Claims

While most cases are managed effectively, medical negligence can occur if healthcare providers fail to diagnose or treat placental abruption appropriately. Examples of negligence may include:

  • Delayed diagnosis
  • Inadequate fetal monitoring
  • Failure to perform a timely cesarean section
  • Mismanagement of maternal bleeding

If you suspect medical negligence, you have the right to seek legal advice. At Tees, our experienced medical negligence solicitors can investigate your case and help you obtain the answers you deserve.

How We Can Help

  • Free Consultation: Discuss your experience with a qualified solicitor.
  • Expert Investigation: We collaborate with medical experts to assess your care.
  • Support and Guidance: Our compassionate team supports you every step of the way.

Contact Tees today to explore your options for a medical negligence claim.

Disclaimer: This content is for informational purposes only and should not replace professional medical or legal advice. Consult your healthcare provider for medical concerns and a qualified solicitor for legal inquiries.

 

Dissolving a company? How to avoid being left pink faced

Pink Floyd guitarist David Gilmour recently hit the headlines for not being able to sell a £10 million seafront mansion (‘The Property’) because it turns out that he doesn’t actually own it.

In short, Gilmour did not purchase the Property himself; instead, he purchased it in 2011 through his former company, Hoveco Limited. Then, in 2014, Hoveco was dissolved, and a subsequent administrative error meant that the Property was not transferred into Gilmour’s ownership and, as a result, has drawn attention to the phenomenon known as ‘bona vacantia’ (ownerless goods).

This article will explore the voluntary strike off procedure that can be used to dissolve a company before explaining what happens when company property is not identified and transferred prior to a company’s dissolution.

The voluntary strike off procedure

The voluntary strike off procedure allows for companies to be dissolved voluntarily and to cease to exist as legal entities. Various scenarios can lead to a voluntary strike off including company reorganisations, business and asset transfers and scenarios where a company was set up for a purpose that is no longer needed. Once struck off, the company will be dissolved and will cease to be a legal entity.

The directors (or a majority of them) make the application to strike off a company on the company’s behalf. They are then obligated to notify the members, any directors who did not make the application, creditors or prospective creditors and employees of the application.

It should be noted that an application to strike a company cannot be made if in the previous three months, the company has carried out certain activities, including changing its name, trading, disposing of property or rights for value or engaging in activities other than ones necessary for making the striking off application. An application also cannot be made where a company is subject to certain insolvency proceedings, so seeking legal advice before proceeding with a dissolution is essential.

Property of a dissolved company

Once dissolved, the company no longer exists as a legal entity, and therefore, it can no longer own property. This means that any property owned by the dissolved company will pass to the Crown (or the Duchies of Lancaster or Cornwall) and become bona vacantia. Nearly all types of property can become bona vacantia, including:

  • land and interests in land;
  • cash, including bank accounts and insurance policies;
  • intellectual property; and
  • the benefit of assets, agreements and mortgages.

There are two situations where the property owned by a dissolved company cannot become bona vacant. The first is where the dissolved company owns property on trust for third parties. The second is where the dissolved company owns property overseas, as this property will likely be subject to the law of the jurisdiction of where it is located. As a result, it may be necessary to restore the company so that the property can be disposed of in accordance with the relevant local law.

The Crown (acting through the Treasury Solicitor) can disclaim their title to bona vacantia if the Crown decides not to keep or sell the property. Similarly, if there is a risk or liability associated with ownership of the property (such as a tenancy of a commercial lease, contaminated land, property subject to security or to competing claims). Where the disclaimed property is freehold land, the freehold title to that property will be extinguished.

The property will then escheat (revert) to the Crown Estate (the statutory corporation that administers the monarch’s land) so that freehold land is never without an owner. The Crown Estate cannot take any action that would be construed as management, possession or ownership of the property, as to do so could render the Crown Estate responsible any liabilities arising from the property.

There are several situations where company property may become bona vacantia, for example, when Hoveco was dissolved, an inadvertent oversight meant that the Property was not disposed of and therefore became bona vacantia. Other scenarios include liquidators failing to dispose of assets that were not known about or disclaiming onerous property (such as unprofitable contracts or unsellable property) under the Insolvency Act.

Recovering bona vacantia

There are several ways to recover bona vacantia:

Restoration of a dissolved company

Under the Companies Act, a restored company is treated as never having been dissolved, hence any property that had become bona vacantia on the dissolution of the company will automatically revert to the company’s ownership.

However, this may not be possible where the Crown has sold the property. In these cases, the Crown will pay the company the amount of any consideration it received from the disposal of the property or an amount equal to the value of the property if no consideration was received.

The court also has the power to restore the company to the position it would have been in had the company not been dissolved.

Vesting orders

This is the approach that Gilmour is understood to have adopted in relation to the Property. Parties can apply for a vesting order under one of:

  • the Companies Act in relation to property disclaimed by the Crown.

Applications made under the Companies Act can only be made by parties who can claim an interest in the property such as creditors, tenants and parties who had paid to purchase the property.

  • the Insolvency Act in relation to property disclaimed by a liquidator;

Applications made under the Insolvency Act must be made within three months orf earlier of the applicant becoming aware of the disclaimer or of the applicant receiving a copy of the liquidator’s disclaimer.

  • the Law of Property Act 1925 in relation to escheat property;

Under the Law of Property Act, the court can order the creation of a corresponding freehold title to the one that was extinguished through escheat. This requires the applicant to have held a legal right to the property. There is no time limit on an application under the Law of Property Act.

  • the Trustee Act 1925 in relation to property held by a corporate trustee.

Where property becomes bona vacantia following the dissolution of a corporate trustee, the court can vest the dissolved trustee’s interest in a new trustee. Alternatively, in the case of joint trustees, the court also has the power to vest the dissolved trustee’s interest in the joint trustee.

Discretionary grants

Where a company was solvent on its dissolution and where it would be impossible or cost-prohibitive to restore a company, the Crown can exercise its discretion to make payments to former shareholders as owners of the company. It is important to note that a director cannot make any application for a discretionary grant unless they are a shareholder as well. Conversely, where the company was insolvent, this discretion extends to the liquidators and administrators of the dissolved company.

This power is limited to the payment of cash received by the Crown from the disposal of bona vacantia and the grant is subject to a maximum limit of £3000 and, where it would be possible to restore a company, the applicant will be forced to undertake to not restore the company in the future.

Purchasing Escheat

The Crown Estate has greater powers over the land acquired through escheat and is not subject to a deadline to sell the freehold land. However, as the Crown Estate cannot undertake acts of management, it can only sell the whole of the property. Assuming that the purchaser is an “appropriate person or body” and that the sale is in the public interest, the Crown Estate will sell with a view to its legal requirement to obtain the best consideration for the property. Any transaction will also require the purchaser to make a contribution to the Crown Estate’s legal fees.

Purchasing from the Crown

The Crown has three years to disclaim their title to any bona vacantia. This period runs from either the date that the Crown was notified of the bona vacantia or from the date that the Crown established the ownership of the property. Should the Crown decide not to disclaim their title, they will seek to sell the property for full market value within these three years.


As such, there are numerous considerations that business owners and directors should be aware of when dissolving a company. Identifying and correctly disposing of a company’s assets can prevent business owners from the expense, complexity and delays of dealing with bona vacantia.

The multidisciplinary approach adopted by Tees’ Corporate & Commercial, Litigation and Commercial Property teams means we are always ready to assist both with the dissolution of a company or with retrieving bona vacantia.

 

Addressing domestic abuse in financial remedy cases

Despite a nationwide effort to recognise the impact of domestic abuse, family courts remain reluctant to consider such abuse when determining financial settlements in divorce cases. In November 2024, the University of Bristol released a supplementary report on domestic abuse in financial remedy cases, following their Fair Shares report published in November 2023.

Domestic abuse and matrimonial finances: A neglected factor

Grant Cameron, Chair of Resolution, introduced the Resolution Report on domestic abuse in financial remedy proceedings with a powerful statement:

“Whilst we continue to ignore the elephant in the room, we fail to protect some of the most vulnerable litigants in the family justice system.”

How courts currently consider domestic abuse in financial remedy cases

Under Section 25 of the Matrimonial Causes Act 1973 (MCA 1973), courts will only consider conduct, including domestic abuse, if it would be inequitable to disregard it. In practice, this typically means abuse is only considered when it has caused financial consequences.

Case examples:

  • H v H [2005]: The husband was imprisoned for 12 years for attempting to murder his wife in front of their children. Due to the severity of the abuse, the court awarded the wife the majority of the matrimonial assets.
  • DP v EP [2023]: The wife concealed financial transactions from her illiterate husband, resulting in a 53% asset award to the husband and 75% of his legal costs paid by the wife.
  • N v J [2024]: The court clarified that while a financial consequence is not legally required to consider conduct under Section 25(2)(g), it remains a common factor in most reported cases.

Although the Domestic Abuse Act 2021 broadened the definition of domestic abuse, it did not amend the statutory definition of conduct within financial remedy proceedings.

University of Bristol’s findings on domestic abuse in financial remedy cases

The University of Bristol’s report highlighted several connections between domestic abuse and unfair financial settlements for victims. Key findings included:

  • Economic disadvantage: Female survivors often entered divorce in a more precarious financial position than other women, resulting in limited post-divorce financial security.
  • Lack of legal representation: Only 16% of female survivors and 19% of male survivors received legal aid, with over 50% of survivors self-funding legal representation or mediation.
  • Post-separation hardship: Female survivors were more likely to be on Universal Credit and have lower household incomes up to five years after divorce.
Resolution’s recommendations for change

Following the University of Bristol’s report, Resolution called for a cultural shift within the family law profession to better support domestic abuse survivors. Their recommendations include:

  • Enhanced case management: Utilizing courts’ powers to tackle non-disclosure at the outset.
  • Recognition of domestic abuse: Explicitly acknowledging domestic abuse as a valid exemption from Non-Court Dispute Resolution, preventing survivors from facing unjust cost orders.
  • Cultural change: Promoting awareness and training among legal professionals.
  • Improved access to legal aid: Raising income and capital thresholds.
  • Interim maintenance support: Ensuring survivors can access financial support during proceedings.
  • Enforced consequences: Imposing costs orders to deter perpetrators from using court proceedings for continued abuse.
  • Practice direction: Introducing guidelines to assist legal professionals in handling domestic abuse cases.
Government response and future outlook

In a positive development, the government recently launched the Early Legal Advice Pilot Project (ELAP) to provide legal support to families in disputes and gather evidence on the impact of legal advice.

While no formal government action has been taken following these reports, it is hoped that Resolution’s recommendations will drive much-needed reform. However, as with any significant legal amendments, meaningful change may take time.

Essential tips to prepare your business for sale: A seller’s guide

Selling a business can be complex, and often, business owners do not know how to prepare. Early preparation can be key to enabling a business sale to run smoothly. In particular, it can greatly assist the due diligence process.

Valuation

One of the first things prospective sellers should do is approach a specialist business valuer. A good idea of the company’s (‘Target’) value will assist in early negotiations regarding the sale price with the buyer. It may influence key aspects of the deal, such as whether deferred consideration is necessary from the buyer’s perspective. A business valuer will assist in ensuring that the price is realistic given the market conditions, and they will also help you to understand the risks associated with different valuations.

Tax

It is essential that sellers are informed on the tax position of the Target, as well as their own personal tax position. Certain tax reliefs may be available on the sale, such as Business Asset Disposal Relief (if the seller is an individual) or Substantial Shareholding Exemption (if the seller is a company). A tax specialist will explain how the tax will work on completion and whether any reliefs may be available to you.

Corporate Documents

In Tees’s experience, it is common for sellers not to have or not know where Target’s corporate documents are. It will be of significant benefit to the efficiency of the sale if these are obtained before the transaction gets started; the buyer’s solicitor will almost certainly request these documents as part of the due diligence process, and not having the papers can create a bad impression as to how the Target has been operated. Key documents that the buyer will likely request are:

  • The Target’s statutory registers including:
    • Register of Members: this is essential as it shows who the legal owners of the shares are (until the shareholders are placed on the register of members, they are not legal owners of the shares and will not have legal title to sell them to the buyer).
    • Register of Persons with Significant Control
    • Register of Directors and their addresses
    • Register of Secretaries and their addresses
    • Register of Allotments
    • Registers of Transfers
  • The Target’s minute books and key shareholder resolutions
  • Certificate of Incorporation
  • Articles of Association
  • Memorandum of Association
  • Records of any changes to the Target’s name
  • Evidence that any charges or debentures have been released
  • The corporate structure of the Target, including the shareholdings, and whether there are any holding companies or subsidiaries.
  • Copies of any existing Shareholders’ Agreement

Companies should have records of at least some of the above, and collating these early in the sale process will help the buyer’s due diligence get off to a good start. In addition, sellers should review Companies House and ensure all filings are current. If they are not, the seller is technically in breach of its statutory obligations, and the buyer will ask for this to be rectified before completion.

Employment Issues

Another aspect that sellers can prepare early is an anonymised list of all employees in the business, their date of birth, job roles, salary, benefits (including details of any pension scheme), and whether there are or have been any employee disputes or grievances. The buyer will ideally want copies of all employment contracts or a template employment contract if these are the same for all employees.

It would also be useful for the buyer to know whether any employees do not plan to continue working for the Target, and any implications this will have on running the Target post-completion.

Commercial Contracts

We often find sellers do not have records of their key contracts with suppliers and customers. Often, in due diligence, buyers ask for copies of agreements with Target’s top 10 suppliers and top 10 customers. Preferably, the Target will have written agreements with these companies to outline how the relationships work practically and help to minimise the risk of disputes.

A review of the contracts that the Target has in place would be a useful exercise for a corporate seller. If there is no written contract, we would advise getting one in place. All contracts should be collated to provide these to the buyer quickly.

Litigation

The buyer will inevitably need to know about any litigation that is taking place and what stage it is at. They will request copies of any agreements reached or offers made, as well as copies of all correspondence with the other party or their advisor. Sellers must give an honest account of any ongoing disputes.

The buyer will want to consider its potential liability surrounding any dispute. Sellers may be able to consider settlement with the disputing party. Buyers may want to put indemnities in place to cover any related claims post- completion.

Property

Sellers should review the Target’s property portfolio and collate all documentation relating to any properties owned or leased, as well as any licences, permits or other rights relating to the properties. Often sellers do not have these documents to hand, which can slow down the due diligence process, as it can take time to retrieve property documents from the Land Registry, Councils or other authorities.

Intellectual Property (IP)

Similarly, IP is another asset that may be included in the sale, and the buyer will want to know about all trademarks, patents, and design rights. It is good practice for a seller to organise this information into a schedule, including all registration numbers, renewal dates and the IP owner. If the owner is another company within Target’s group, the ownership of the IP may need to move to Target. It is advisable that the seller take tax advice at this event.

Summary

Early preparation for a sale can be key to its efficiency. Sellers should have early conversations about tax and valuations to assist with early negotiations with potential buyers. Sellers should also collate as much information and documentation about the Target as possible before the due diligence process, as otherwise, there can be a lot of back-and-forth with the buyer submitting additional requests for information, which can delay completion.

If you are a potential seller considering a sale of your business, don’t hesitate to get in touch with our Corporate and Commercial team to discuss how you can prepare and how we may assist you with your transaction.

Expert help for your medical negligence claim

If you’ve been harmed by a healthcare provider, you may be considering whether you have a medical negligence (or clinical negligence) claim. The process can seem complicated, but we’re here to guide you through it every step of the way.

What is Medical  Negligence?

Medical  negligence happens when a healthcare professional (such as a doctor, nurse, or hospital) provides care that falls below the expected standard, and this causes harm to you. To pursue a claim, we need to prove two main things:

1. Breach of Duty of Care

This means proving that the healthcare provider didn’t meet the proper standard of care. For example, a doctor may have failed to diagnose a condition, or a hospital may have made a mistake during surgery. If it can be shown that most other healthcare professionals in the same situation would have acted differently, then this can be considered a breach.

2. Causation

Not only do we need to show that the healthcare provider was negligent, but we also need to prove that their mistake directly caused your injury. This requires strong evidence, often in the form of an independent medical opinion, to link the negligence with the harm you’ve experienced.

Time limits for filing a claim

Claims for medical negligence generally need to be made within three years of the incident happening or when you first became aware that the injury may have been caused by negligence. This is called the “date of knowledge.”

However, there are exceptions:

  • Children: Claims can be made on their behalf at any time until three years after their 18th birthday.
  • Mental Capacity: If the person affected doesn’t have mental capacity, the time limit can be extended.

What is the process for a medical negligence claim?

Once you reach out to us, we’ll start by gathering all the relevant details and medical records about your case. This helps us determine whether there’s a valid claim. We will also work with independent medical experts to review the situation and give advice on whether there was a breach of care and if your injuries were caused by it.

After this, we’ll send a formal letter of claim to the healthcare provider, outlining the issues. They then have four months to investigate and respond, either admitting or denying responsibility. If they deny it, we will continue to build the case for you.

How is a medical negligence claim valued?

We calculate the amount of compensation based on two key areas:

1. General Damages

These cover pain, suffering, and the loss of your ability to enjoy life. The amount varies depending on the severity of your injury, but we use established guidelines and case law to estimate what’s fair.

2. Special Damages

These cover your financial losses, such as:

  • Loss of future income
  • Cost of any care or assistance you need
  • Medical expenses
  • Travel costs related to treatment
  • Costs for private treatment, if necessary

3. Future Losses

These are any ongoing costs or income loss that you might face due to the injury, such as:

  • Ongoing medical treatment
  • Future lost earnings

How we can help you

At Tees Law, our team of legal experts are here to help you through the process of bringing a medical negligence claim. We understand how stressful it can be, and we’re committed to supporting you every step of the way.

Delayed cervical cancer diagnosis: Medical negligence insights

A crucial discussion for Cervical Cancer Prevention Week 2025

Cervical cancer remains a significant health concern for women worldwide, and early diagnosis and treatment are vital. Delays in diagnosis can severely impact a patient’s prognosis, leading to more extensive treatment and, tragically, increased mortality rates.

Understanding cervical cancer

Cervical cancer is a significant public health concern in the United Kingdom. Here are some key statistics regarding cervical cancer cases in the UK:

  • Incidence rates: Most cases of cervical cancer are diagnosed in women aged 30-45, although it can occur at any age after the onset of sexual activity.
  • HPV: The primary cause of cervical cancer is a virus called high-risk human papillomavirus (HPV). High-risk HPV can cause changes in the cells of the cervix which, over time, can develop into cervical cancer.
  • Screening programme: The UK has a national cervical screening programme that invites women from ages 25 to 64 for regular screening. This has been effective in early detection and has reduced the incidence rates.
  • Vaccination impact: The introduction of the HPV vaccine has also played a role in reducing the number of cervical cancer cases, particularly among younger women who are vaccinated.
  • Annual cases: As of the most recent data, there were around 3,200 new cervical cancer cases in the UK every year, which is about nine cases diagnosed every day.
  • Survival rates: Survival rates for cervical cancer have increased over the past few decades due to better screening and treatment options. The five-year survival rate for women diagnosed with early-stage cervical cancer is relatively high.
  • Regional variation: There might be regional variations in incidence and mortality rates within the UK, with some areas having higher rates than others, often linked to socioeconomic factors and access to screening services.

Please note that these statistics can change over time, and for the most current data, you should refer to recent reports from sources like Cancer Research UK, the Office for National Statistics, or the NHS.

HPV

HPV is a common virus which most people (eight out of 10) get infected with at some point. In most people, it will go away within two years without causing any problems. There are many types of HPV and cervical cancer is linked to infection with high-risk types of HPV which do not go away on their own.

HPV does not cause any symptoms so cervical screening tests in England, Scotland and Wales look for high-risk HPV first and, if a screening sample is positive for high-risk HPV, a patient is invited back for cervical screening in one year (rather than in three years). If a patient has high-risk HPV three times in a row, they will be invited to colposcopy for more tests. If a patient has high-risk HPV plus cell changes, they will be invited to colposcopy for further tests.

A colposcopy is an examination normally done in a hospital or local clinic where a closer look is taken at the cervix and a biopsy may be taken. Depending on the results, treatment may be offered to remove the abnormal cells before they become cancerous or, if there is cancer present, further treatment will be offered, which depends on how large the cancer is and whether it has spread to anywhere else in the body.

Symptoms of cervical cancer

Symptoms can include:

  • Abnormal vaginal bleeding
  • Pelvic pain
  • Pain during intercourse
  • Unusual vaginal discharge

In the later stages of cervical cancer, symptoms can also include:

  • Unexplained pain in the lower back or pelvis
  • Unexplained weight loss

If women present with these symptoms, they should contact their GP. The symptoms may or may not be due to cervical cancer, but seeing a GP can ensure that they are thoroughly investigated.

However, for some women, cervical cancer does not cause any obvious symptoms which is why women need to attend their cervical screening tests (previously known as smear tests) when they are offered.

Importance of timely diagnosis

Diagnosis of cervical cancer can include investigations such as:

  • Cervical screening tests
  • Colposcopies
  • Biopsy
  • Scans
  • Hysteroscopy (looking inside the womb with a narrow telescope and camera)

Treatment options range from surgery to chemotherapy, depending on the stage of the cancer when diagnosed. Radiotherapy and brachytherapy are other treatments that can be offered.

Early detection is key to increasing survival rates and limiting the extent of treatment that a woman may need. A delayed diagnosis can allow the cancer to progress, leading to the need for more aggressive treatment and worse outcomes (such as a lower chance of recovery or increased risk of the cancer coming back). 

Examples of negligence in diagnosis and treatment of cervical cancer
  • Failure to offer cervical screening tests
  • Failure to refer a patient to a hospital specialist for further investigations
  • Misinterpretation of cervical screening results
  • Misreporting of colposcopy results

For instance, a GP may neglect to invite a patient for cervical screening when it is due.

Alternatively, where a patient presents with symptoms such as abnormal vaginal bleeding (e.g. between periods or after the menopause), a GP may fail to make an appropriate referral for further investigation.

There are also cases where abnormal cervical screening test results are incorrectly reported as being normal, or colposcopy results are misreported as normal, thereby delaying the diagnosis of cervical cancer.

Proving medical negligence

All healthcare providers owe a duty of care to their patients. To establish a medical negligence claim, it needs to be shown that the healthcare provider breached their duty of care towards their patient (failed to provide an acceptable standard of care) and that the patient has suffered harm because of negligence (this is known as causation).

The harm suffered by a patient may be physical and/or psychiatric harm, and financial losses suffered because of the negligence are also recoverable as part of a medical negligence claim in addition to a sum of compensation for avoidable pain and suffering. It may also be possible to recover compensation for future financial losses that will be incurred as a result of the negligence (such as future medical treatment costs).

Cervical cancer prevention week 2025: Awareness

In 2023, Jo’s Trust launched its End Cervical Cancer campaign. NHS England has pledged to eliminate cervical cancer by 2040, but to make this happen, programmes for HPV vaccinations, cervical screening and treatment for cell changes need to be as effective and easy to access as possible.

We also consider that it is imperative to address the issue of delayed cervical cancer diagnosis due to negligence to bring about system improvements, professional training, and patient awareness.

The upcoming Cervical Cancer Prevention Week 2025 is an opportunity to unite in the fight against cervical cancer.

How Tees can help

Tees offers ‘no win, no fee’ agreements for the investigation of medical negligence claims – this means that no costs associated with a claim are payable unless a claim is successful. . If you win, most of your legal costs are paid by the Defendant.  A small portion of your compensation may be used to cover legal costs not paid by the Defendant. The majority of our clients choose this option for peace of mind and affordability.

Our specialist lawyers are happy to give initial advice on a potential claim, advising you as to whether a claim is likely to succeed.

A number of our lawyers, including Natalie Pibworth, who is a senior solicitor in the medical negligence department at Tees, have experience in dealing with claims involving delayed diagnosis of cervical cancer and understand the sensitivity required when helping with such claims.

Our specialist lawyers are ready to assist you if you want further information or to discuss a potential claim.

Please note that the content of this article is for information purposes only and should not replace professional medical advice.

The Budget: Pains or gains for businesses?

On 30 October 2024, the Chancellor, Rachel Reeves, delivered the Autumn Budget (‘the Budget’). This outlined the Government’s intention to increase spending on public services by an estimated £70 billion, with more than 50% of this investment being funded through taxation. This has created a degree of uncertainty for small business owners across the UK, who may now wonder how their plans for their business will be affected.

In this insight, we will discuss the implications of several headline tax reforms for business owners, focusing on Capital Gains Tax (‘CGT’), Business Asset Disposal Relief (‘BADR’) and Investors’ Relief.

It should also be noted that the Budget included the Corporate Tax Roadmap, which promised to maintain the current 25% cap on the main rate of Corporation Tax while also retaining the small profits rate of 19%. Marginal relief will also be preserved alongside Research and Development reliefs and the capital allowances system.

CGT: What is it and what has changed?

CGT is a tax payable by the individuals on the gain (profit) made on the sale or disposal of various types of property (including shares and other business assets, but excluding your primary residence) and is charged at two rates:

  • a standard rate which is payable by basic rate taxpayers and
  • a higher rate payable by higher and additional rate taxpayers.

The Budget raised the rates at which CGT is charged to 18% for the basic rate and to 24% for the higher rate. These increases came into effect immediately from 30 October 2024.

Individuals have an annual CGT allowance of £3,000, on which CGT is not charged. It is important to remember that this allowance cannot be carried forward, so careful planning is advisable to ensure that it is used effectively and efficiently.

BADR: What is it, and what has changed?

BADR is a relief from CGT available on a lifetime allowance of £1 million of qualifying business assets. BADR is available to individuals on the disposal of:

  • their shares in their own company (providing they own a minimum of 5% of the share capital and voting rights for a minimum of 2 years prior to the disposal);
  • their interest and assets in a partnership or
  • in the case of a sole trader, their assets.

Currently CGT on the lifetime allowance of £1 million is charged at 10%. However, from 6 April 2025, the rate at which CGT is charged on the allowance will rise to 14% and then from 6 April 2026, this rate will rise to 18%.

Investors’ Relief: What is it and what has changed?

Investors’ Relief is designed to provide CGT relief to individual investors on qualifying investments, which include ordinary shares in an unlisted trading company. It should be noted that the shareholder will not qualify for the relief if they are a paid director or employee of the company at any point while owning the shares. There are only limited circumstances when the individual seeking relief can receive payments from the company.

Like BADR, Investors’ Relief is subject to a lifetime allowance. From 30 October 2024, the lifetime allowance was cut from £10 million to £1 million. The rate at which CGT is charged on the relief will also rise, in line with BADR, to 14% from 6 April 2025 to 18% from 6 April 2026. These rises will mean that the base rate of CGT will apply to both lifetime allowances of BADR and Investors’ Relief.

Considerations for Business Owners

Business owners will be conscious that these increases to CGT and the reduction in BADR will have an impact on any future sales. Business owners considering selling their business as part of their exit strategy may wish to review their plans, especially the timing of any sale.

The increased tax liabilities of the trading company (for example, the increase in NI contributions, which could affect the profitability of certain companies), as well as the additional tax that will be incurred on the sale of the company, will also impact the valuation of the business.

Whilst more traditional exit strategies could involve a sale to a third party or a management buyout (‘MBO’), business owners may also look to alternative ownership structures, such as a sale to an Employee Ownership Trust (‘EOT’) for a more tax-efficient disposal. CGT rates on a sale to an EOT are 0%; therefore, these increases in CGT rates might mean that EOTs are more attractive than traditional exit strategies. Such generous tax relief, while attractive, is not the only consideration when considering an EOT, and it will be important for business owners to consider the following:

  •  the future profitability of their company, since the purchase price tends to be funded from future company profits over an extended period (five  to 10 years);
  • whether the employees are ready for the transition, to ensure the company can sustain or grow its profitability;
  • whether the business owner is ready to hand over control of their business to the EOT. While a selling shareholder may continue to work in the business and sit on the board of the EOT and the company, they will not be able to form a majority on the board of the EOT, and the EOT will ultimately control their company.

As always, we recommend seeking specialist tax advice before selling a business to ensure that any deal is structured in a tax-efficient manner and that the transaction will receive the appropriate tax treatment from HMRC.

 If you are considering your options for succession planning, our corporate team has extensive experience advising on all aspects of business succession planning, from sales to third parties, MBOs, and EOTs.