Sarah O'Sullivan, Author at Tees Law

Divorce settlements and private school fees: Ensuring your child’s future

Posted on 3 February 202523 June 2025 by Sarah O'Sullivan

Divorcing parents often face difficult decisions regarding their child’s education, particularly when it comes to private school fees.

With rising tuition costs and changes to VAT exemptions for independent schools, many parents are increasingly concerned about ensuring their child can continue at their school or university of choice following divorce. Securing school fees in a divorce settlement is becoming a pressing issue for many families, especially when friendships and social lives are intertwined with a child’s school community. At Tees, we are committed to helping families find the best path forward.

Our expertise in divorce settlements and school fees

In divorce settlements, one of the key challenges is addressing private school fees. The Court prioritises basic needs, and school fees are often seen as a luxury once those needs are met. As a result, it can be difficult for parents to secure a guarantee for school fees as part of their divorce settlement.

Clare Pilsworth, Partner at Tees Cambridge, explains: “The Court does not prioritise school fees and considers them an individual decision after housing expenses have been accounted for.”

However, the Court will assess the “needs” of each family differently based on individual circumstances. In some cases, the Court has criticised parents who do not continue paying school fees when they could afford to do so: “What children need is love and time. Actually, like everyone else, they also need money.” (K v D (2015), para 20).

Even if financial circumstances change significantly after a divorce, the Court may still approve orders for school fees, though both parents may have to make sacrifices (WD v HD (2015), para 56).

Financial remedy consent orders for school fees

In many cases, divorce settlements are reached without a Final Hearing, resulting in a Financial Remedy Order. This is an agreement between the divorcing parties, approved by a Judge, outlining how assets should be divided. If both parties agree, the arrangement can be formalised, allowing the child to continue attending their school. If an agreement proves difficult, various non-court dispute resolution methods can help reach a mutually beneficial solution.

Modifying a current order

If you already have a divorce settlement in place but are struggling to pay school fees due to a change in circumstances, you can apply to the Court to vary the existing Order. If this is a concern, please contact us for expert advice.

Steps you can take now

While a final divorce settlement may take time, there are steps you can take to support your child’s education during this period:

Inform the School: Keep the school or university informed of any changes in your financial situation. If your ex-partner historically paid the fees, request that invoices be sent directly to them moving forward.
Consider a Maintenance Pending Suit Application: If your partner refuses to pay the fees, a maintenance pending suit application could order them to pay the school fees until the settlement is finalised.
Explore Fee Reductions or Postponements: If both parents are unable to cover school fees, speak to the school’s bursar about possible reductions or postponements.
Consider Alternative Schools: If fees become unaffordable, consider alternative schools. Notify the school early to avoid being liable for fees for the next term.
Seek Expert Advice: At Tees, we assist many parents in ensuring that school fees are included in their divorce settlements. Our expert team is here to guide you through this process.

Divorce can be a challenging time, but with the right legal guidance, you can secure the best possible future for your child’s education. Contact Tees for expert support in navigating this important aspect of your divorce settlement.

Reference: Gov.uk- education hub

The standard 20% VAT rate was added to private school fees from 1 January 2025.

Private schools that are charities will lose charitable business rates relief, which provides an 80% discount on the rates they pay on their premises, from April 2025.

Assets in the UK and France: Should I have one Will or two?

Posted on 2 February 202529 May 2025 by Sarah O'Sullivan

Before 17 August 2015, the usual advice to people owning property in both the UK and France was that it was preferable to have two separate Wills governing the assets in each country.

French inheritance law with its rules of forced heir ship for beneficiaries such as children applied to all French land and buildings, and for French residents, French inheritance law applied to their movable assets such as bank accounts too. The rigidity of these succession laws often posed problems for UK nationals who, for example, could not pass their assets entirely to the surviving spouse as they would in the UK, due to the entrenched rights of children.

In this article, French law expert and specialist in cross-border Will and Trust arrangements, Sarah Walker, outlines the issues that need to be considered if you own property or indeed, are thinking about buying property in France and have not addressed this in your Will.

How has the law changed in relation to succession?

With the arrival of the EU Succession Regulation known as Brussels IV in 2015, it became possible for British nationals living in either the UK or France to choose to apply English law, and the testamentary freedom that comes with it, to their French assets.

This has appealed to many people, not least because of the simplicity of applying one set of laws to your estate as a whole and having one universal Will covering all of your assets.

However, it is really important to take advice from a lawyer who is conversant with both English and French inheritance law and tax to see whether a choice of English law will be the best option in your specific circumstances, and also whether you should have one Will or two.

One Will or two, what’s best for me?

Whether or not you would be better off with a universal Will or separate Wills will depend on:

the location, value and nature of your assets
your personal circumstances and wishes regarding the distribution of your estate.

A cross border Wills specialist will be able to help you meet as many of your aims as possible and give you clarity about the inheritance tax position in both countries. It is particularly important to take this type of advice if you are resident in France or have plans to become resident in the future.

It is worth noting in this context that France and the UK have different views of residence and domicile and French tax resident status can apply to you more commonly than you might imagine.

What are the risks of ignoring French assets?

If you instruct your UK solicitor to prepare your English Will with the intention that you will see a separate lawyer to deal with France at a later date, the risk is

you may never get around to doing so;
you may run into problems if the two Wills are not compatible.

In some scenarios it can be the case that, through having a separate French Will, you may avoid the need for a Grant of Probate on your death if one is not needed for other assets in the UK.

It is fairly common for this to be the case with a married couple who own all of their assets jointly, for example. This can mean that your French estate can be dealt with more quickly than would otherwise be the case.

Are there any exceptions to how choice of law can be applied?

There are methods of owning French property which mean that a property will devolve outside the terms of any Will and regardless of any choice of law. These are:

a matrimonial property regime;
a corporate structure, or
some forms of joint ownership such as a ton-tine arrangement.

Most English solicitors will not have the expertise to advise on this, and yet clearly it is very important that the full picture in this respect is known before any Will can be prepared that incorporates the French property concerned.

Has inheritance tax been affected by Brussels IV?

Whilst Brussels IV allows for a choice of succession law, it has not changed the position at all with regards to inheritance tax. If you are domiciled in the UK or own UK assets, then consideration must be given to the inheritance tax implications in both countries if you also have property in France.

An English solicitor with knowledge of both French and English inheritance and tax law can be invaluable in helping you decide how best to structure your Will(s) in this respect.

For example, whilst you may now be able to choose to leave your French property to people unrelated to you such as stepchildren or an unmarried partner, these individuals will pay French inheritance tax at 60% on any share passing to them.

Potential tax and trust issues to be aware of

Some concepts that are possible under French law and which a French Notaire may suggest, such as including an “usufruit” in your Will can have negative inheritance tax consequences in the UK.

It is also important to bear in mind the potential issues that can arise when an English Will comes to be interpreted and administered in France following your death. In France there are ordinarily no Executors, instead the assets vest in the beneficiaries directly. Problems can sometimes arise if the French authorities seek to tax the assets twice on a perceived transfer of ownership to the Executors and then on to the beneficiaries.

If your English Will contains trusts then it is important to be aware of the French rules regarding tax treatment of trusts and the reporting obligations, which can be punitive. An English Will prepared without due consideration of the French position can cause complications in France when a French lawyer comes to transfer the property to the beneficiaries after your death.

Often it will be advisable to prepare a separate French Will or to draft the English Will in a particular way to avoid problems of this nature, or an unnecessary tax bill.

Finally, it is important that any steps taken or documents drafted for assets in either country dovetail together to avoid any conflict or accidental revocation. Giving proper consideration to these issues at the time you are preparing your Will can give you peace of mind and be of huge benefit to your beneficiaries through saving them time and money further down the line.

How to contest a will: A complete guide

Posted on 29 January 202526 May 2025 by Sarah O'Sullivan

Can you contest a will?

Yes you can contest a will. There are a range of ways to do this, and this article outlines the key information you need to know.

What are the grounds for contesting a will?

There are many ways to contest a will – they are known as grounds for contesting a will. Common reasons for challenging a will include proving that it is invalid, or that the will did not make adequate provision for dependants.

The process of contesting a will is known as contentious probate. Family will disputes or disputes over inheritance are common and often stressful. It’s a good idea to get advice from specialist contentious probate solicitors about how to successfully contest a will. They can tell you if you have a realistic claim and the best way to move forward. Your solicitor will also make sure you follow all the correct procedures.

Can an executor challenge a will?

Yes, an executor/executrix can challenge a will – but, to do so, they normally need to step down from their role in administering the estate. This is because the role of the executor is to carry out the deceased’s wishes and defend the will. Understandably, challenging the will makes it impossible for the executor to perform their duties in this regard. Therefore, it is not possible to contest a will and remain executor/executrix of the estate.

Valid execution: Has the will been properly executed

You can challenge a will if it wasn’t drafted correctly and there is a mistake as a result. Mistakes in wills normally involve issues with signatures, witnesses and terminology within the will itself. You might be able to challenge the will if:

it wasn’t signed by the testator
the testator’s signature wasn’t witnessed by two people present at the same time as the testator signed it
the people who witnessed the signature didn’t meet the requirements for doing so (there are strict rules about who can witness the signature on a will)

Lack of capacity: Did the person have the mental capacity to make a will?

The will might be invalid if the testator didn’t fully understand or know about the contents of their will, or those people close to them to whom they ought to have regard, or understand the approximate extent of their estate. You might be able to challenge a will if you think that the testator was not of ‘sound mind’ when they gave instructions or executed the will for example, you may be contesting a will due to dementia. The legal term for this is ‘lack of testamentary capacity’. To make a valid will, the testator needs to:

understand they were making a will and the significance of doing so
know the rough value of their estate
understand the effect their will would have
not be suffering from any mental conditions which might affect their ability to make important decisions

Undue influence: Was the person under pressure to make a will?

Although what constitutes undue influence in a will is more difficult to prove, you may be able to challenge the will if you think that someone has coerced or influenced the testator into making the will, which otherwise does not reflect their free will. This is called undue influence. It means that the testator didn’t feel able to exercise their own free will when giving instructions for the will. It can happen if someone in a position of trust uses their position to exert pressure, coerce or influence the testator to leave their assets in a certain way. To prove there was undue influence, you will need to show that there is no other reasonable theory to explain the terms of the will.

Forged wills: Contesting a fraudulent will

Contesting a forged will involves showing that the will is forged or some type of fraud took place during its creation or execution; in which case the will could be declared invalid. You may be able to contest a will if, for example, the testators signature was forged.

Can I challenge a will that fails to make reasonable financial provision?

You might be able to challenge a will if it does not make ‘reasonable’ financial provision for you. Normally, this only applies if you are a spouse or civil partner or dependent of the deceased, or one of the other eligible categories of claimants under the Inheritance Provision for Family and Dependents Act 1975.

What does reasonable financial provision mean?

This type of claim is usually made by spouses, civil partners and dependants, who might be able to challenge a will if they were:

not mentioned in the will
not left as much as they need or expected to receive
if the deceased passed away without a will (‘intestate’)

When can I challenge a will?

To make a claim under the Inheritance Act, you have six months from the date of the Grant of Probate. The same time limit does not apply if you are contesting the will but, it is sensible to proceed as soon as possible, to avoid adverse evidential issues and adverse tax or cost outcomes.

What happens if I am successful in challenging a will?

When a will is declared invalid it is normally replaced by the previous valid will. If there is no earlier valid will, intestacy rules will apply.

If you made a claim under the Inheritance Act the Court may change how the deceased’s assets are distributed (and go against the terms of the will).

Inheritance disputes claims and challenging a will

We know that disputes over wills, trusts and inheritance need to be handled with sensitivity. At Tees, we handle all inheritance disputes with the utmost care and sensitivity to potential family issues. We’re here to help you move forward and secure the best possible result in your situation.

What is the difference between contesting a will and contentious probate?

Contentious probate means a dispute about how someone’s estate is sorted out after their death. Disputes about the will itself are considered contentious probate, but will disputes are not the only disputes that come under contentious probate. For instance, a dispute may relate to how the assets within the estate are disposed of, or distributed.

How can I obtain a copy of a will?

Ask the Executors of the will to give you a copy; they are not obliged to release the will but if you are a person connected to the estate and/or have a potential claim, the will would normally be released to your legal adviser.

After the grant of probate is issued, a will becomes a public document, which means anyone can apply for a copy. To see if a grant of probate has been issued, search for free at the Probate Registry on www.gov.uk/search-will-probate If it has been issued, the will is now public and it will be easy to get a copy online.

You can also set up a standing search with the Probate Registry for them to automatically send you a copy of the grant and the will if a grant of probate is issued at any time within six months of the date of the search.

Depending on the situation, you can also make an application to the court for an order to release a copy to you.

Can you look at someone’s will online?

Yes. You need to get the probate court file number from the executor. Alternatively, you should be able to get it from the court by phone, online or by going to the court, just by providing the name of the person and the date of their death. Wills that go to the Probate Registry become public. These are the wills that are in place when people die. Previous versions of wills are not registered because they are invalidated by the new will; so previous versions are private.

Can an executor be removed?

Once an executor has started practical arrangements regarding the estate (called intermeddling), they can only be removed by a court order or settlement agreement reached at mediation or via negotiation. This applies even if it is the executor themselves who wants to be removed. If no practical steps have yet been taken, an executor can remove themselves easily by simply saying to the legal adviser involved, that they don’t want to do it. If someone else is trying to get them removed, it’s always better, if possible, to try mediation or negotiation to resolve the dispute, rather than going to court. If you do apply to the court, you will need to submit:

a copy of the grant of probate which must be certified and sealed
witness statement covering why you think the executor should be removed
witness statement naming someone who you think should replace the executor and what your reasons are.

What are the grounds for removing an executor?

There needs to be a serious reason and evidence of misconduct. The courts will not allow a change for trivial reasons such as petty family arguments or relatively short delays. This is because the executor was named by the person who died as the person they wanted to undertake the role. Reasons for removal could include:

conflict of interest causing the executor not to follow the deceased’s wishes
serious incompetence such as severe mishandling of possessions
physical or mental disability making it impossible for them to carry out the function
dishonesty
using the funds or property for themselves or in ways which are significantly inappropriate
absence of accounting records
a criminal conviction
refusing to abide by court orders.

What’s happening to Stamp Duty Land Tax in 2025?

Posted on 23 January 202521 May 2025 by Sarah O'Sullivan

Stamp Duty Land Tax (SDLT) is a critical tax levied on property purchases. As we approach April 2025, notable changes to stamp duty will impact both buyers and sellers, altering the landscape of property transactions.

What is Stamp Duty Land Tax?

Stamp Duty Land Tax (SDLT) is imposed on the purchase of residential property or land in the UK. It is calculated based on the property’s purchase price or market value, whichever is higher. SDLT generates revenue for the government and helps regulate the housing market by discouraging property speculation.

Why is Stamp Duty Land Tax changing in 2025?

The Conservative Government introduced a temporary reduction in stamp duty in September 2022 which aimed at lowering the upfront costs of moving home. This initiative sought to support the housing market, safeguard jobs and businesses connected to it, and assist those aspiring to step onto the property ladder.

Although initially announced as a permanent measure, the Autumn Statement 2022 confirmed that the increase in the residential nil-rate threshold will conclude on 31 March 2025.

How is Stamp Duty Land Tax Changing in 2025?

From 1st April 2025, there will be several changes coming into effect:

The nil rate threshold, which is currently £250,000, will return to the previous level of £125,000.
The nil rate threshold for first-time buyers which is currently £425,000 will return to the previous level of £300,000.
The maximum purchase price for which First-Time Buyers Relief (a reduced stamp duty rate) can be claimed is currently £625,000 and will return to the previous level of £500,000.

Thresholds

The threshold is where SDLT starts to apply. If you buy a property for less than the threshold, there’s no SDLT to pay.

Stamp duty rates for main residents in England up to 31 March 2025

Property Value	SDLT Rate
Up to £250,000	Zero
£250,001 to £925,000	5%
£925,001 to £1.5 million	10%
Over £1.5 million	12%

From April 2025 the stamp duty rates are:

Property Value	SDLT Rate for main residence
Up to £125,000	Zero
£125,001 to £250,000	2%
£250,001 to £925,000	5%
£925,001 to £1.5 million	10%
Over £1.5 million	12%

Impact on First-Time Buyers

If the property you are buying is your first home, you can claim discount (relief). The discount depends on when you purchase the property.

First time buyers discount up to 31 March 2025

First home property value	SDLT Rate
Up to £425,000	Zero
£425,001 to £625,000	5%

If the property is priced over £625,000, you cannot claim relief. SDLT will be due as if you have bought a property before.

First time buyers discount from 1 April 2025

First home property value	SDLT Rate
Up to £300,000	Zero
£300,001 to £500,000	5%

If the property is priced over £500,000, you cannot claim relief. SDLT will be due as if you have bought a property before.

First-time buyers should seek professional advice to navigate these changes to stamp duty effectively. Our property solicitors can help you understand your entitlements, obligations, and the necessary steps to claim these benefits. At Tees Law, our experienced team can provide tailored advice to help you take full advantage of the new SDLT reliefs. Contact us today to discuss your property purchase.

Impact on Second Home Purchases and Investors

Stamp Duty Land Tax (SDLT) on second homes and investment properties is subject to a higher rate than that applied to primary residential properties. However, the forthcoming rate changes will lead to increased tax costs, with mid-range property values—often a focal point for investors—being particularly affected.

For example, on a property purchase at a price of £700,00.00, the SDLT up to 31 March 2025 will be £57,500.00. This will increase from 1 April 2025 to £60,000.00, potentially leading to a smaller return on investment or increases in rental charges.

Stamp Duty Rates for additional property in England up to 31 March 2025

Proportion of property value	SDLT rate for additional property
Up to £250,000	5%
£250,001 to £925,000	10%
£925,001 to £1.5 million	15%
Over £1.5 million	17%

Stamp Duty Rates for additional property in England from 1 April 2025

Proportion of property value	SDLT rate for additional property
Up to £125,000	5%
£125,001 to £250,000	7%
£250,001 to £925,000	10%
£925,001 to £1.5 million	15%
Over £1.5 million	17%

Alternative investment options like property funds or Real Estate Investment Trusts (REITs) can provide tax-efficient structures and diversification.

Understanding the 2025 stamp duty land tax changes, assessing their financial impact, and implementing strategies to manage increased costs are crucial for investors. By staying informed and proactive, investors can navigate the evolving landscape successfully.

The link between Covid-19 and Sepsis

Posted on 22 January 202518 May 2025 by Sarah O'Sullivan

It is well known that Covid-19 can severely compromise the respiratory system, with many people going on to develop pneumonia to a greater or lesser extent – although all other organ systems are at risk of damage from the disease.

A recent study has now confirmed that nearly a third of UK Coronavirus patients were readmitted to hospital within 140 days due to the patient developing sepsis. Some patients will go on to die from sepsis and its complications. It is therefore vital to know and recognise the early signs of sepsis and ensure treatment is prompt when diagnosed and avoid the need to seek legal advice.

Janine Collier, Partner and Head of Tees’ Medical Negligence team, comments: “Like many illnesses, this study suggests that Covid-19 carries a risk of adverse events particularly for those who recently survived severe Coronavirus . The key thing is for patients to be aware of this risk and watch for signs of any “new” conditions which may be indicate of, for example diabetes; kidney, liver or cardiovascular disease (e.g high blood pressure, heart attack or stroke); or a new infection or sepsis. Early intervention and treatment can help to manage these conditions and to avoid progression to more severe and serious illness such as sepsis, stroke and heart attack. Patients should seek medical help if they have any concerns at all – don’t wait.”

If you or a loved one has suffered from sepsis and you are worried about standards of care, we can help. Our specialist sepsis negligence claims solicitors understand what you’re going through, and we can help you get answers about your care. We’ll listen to your experiences, and help you find out what happened throughout your treatment.

Sepsis must be diagnosed and treated quickly. Any delay or problems with treatment could have serious implications – so doctors should recognise the warning signs of sepsis and offer the right treatment. Professional guidelines on the diagnosis and treatment of sepsis are very clear, but mistakes during treatment can and do happen. Unfortunately, medical errors can have serious and devastating consequences for patients and their families. Sepsis negligence claims normally focus on either a:

Delayed diagnosis of sepsis – you might have a claim if your doctor didn’t spot the signs of sepsis early enough and this made your condition worse
Misdiagnosis of sepsis – you might have a claim if your doctor misinterpreted your symptoms, and this caused a delay in your treatment which made your condition worse.

Read on to learn more about the signs of sepsis in children and adults, including common symptoms and causes which may result from medical negligence.

What is sepsis?

Sepsis is a potentially fatal abnormal immune response to an infection. It can cause:

Organ failure
Tissue damage (which can lead to amputation)
Death.

Can sepsis be treated and cured?

Sepsis can progress very quickly and requires immediate medical treatment. If diagnosed promptly it can be treated with antibiotics.

Your immune system normally keeps you safe from infections. In cases of sepsis, the immune system is overwhelmed and begins to attack the body. Sepsis can cause inflammation and septic shock (dangerously low blood pressure). Inflammation can cause damage throughout your body – including damage to your organs, soft tissue and limbs.

Tragically, 5 people die as a result of sepsis every hour in the UK. One in four of all sepsis survivors suffer permanent, life-changing effects (such as the loss of a limb). So, it’s important to be familiar with the common causes and signs of sepsis – it could help save your life.

Is sepsis the same as blood poisoning?

Sepsis is sometimes referred to as ‘blood poisoning’. However, sepsis and blood poisoning are different medical conditions. Blood poisoning is when bacteria infect your bloodstream, sepsis is when your immune system overreacts to an infection.

What is the most common cause of sepsis?

Sepsis is caused by an abnormal response to any kind of infection. Common causes of infections which can trigger sepsis include:

Viral illness – such as a fever, cough or cold
Bacterial infection – this could set in after a physical injury or surgery
Fungal infection – such as a urinary tract infection (UTI).

Anyone can get sepsis, but it’s more common in young children, the elderly or people who have an existing problem with their immune system (‘immunocompromised’). People receiving anticancer treatments may be at risk of developing sepsis (‘neutropenic sepsis’) if they suffer an infection during their treatment, because of their weakened immune system.

What are the first signs of sepsis?

Identifying sepsis at an early stage, and getting the right medical treatment, can help prevent it from becoming life-threatening. Every case of sepsis is different, but there are some common symptoms to look out for.

Early signs of sepsis in children

Children and babies may be at particular risk of sepsis if they have a fever (or have had one in the last 24 hours), or have a very low (less than 36C) or very high temperature.

Symptoms of sepsis in children include:

breathing very fast and/or a very fast heartbeat
fits or convulsions
mottled, bluish or pale skin
a rash which does not fade when pressed
very low energy or difficult to wake
lack of interest in anything
feeling abnormally cold to the touch.

Symptoms of sepsis in children under five years include:

not interested in feeding
has not wanted a drink for 8 hours or more
difficulty breathing – may make ‘grunting’ noises
is floppy
vomiting repeatedly
hasn’t had a wee/wet nappy for 12 hours.

If your child is poorly, and has a fever (or has had one in the last 24 hours) or low temperature, The Sepsis Trust UK advises parents to call 999 and ask: could it be sepsis?

Symptoms of sepsis in the elderly

Symptoms of sepsis in adults and the elderly include:

slurred speech
confusion
severe shivering or muscle pain
passing no urine for a day
severe breathlessness
feeling like you’re going to die
fast heartbeat and/or fast breathing
an abnormally high or low temperature
mottled or discoloured skin.

Having just one, or more, of these symptoms could be a sign of sepsis. The NHS has published a useful list of symptoms of sepsis in babies, children, adults and the elderly.

What are the early signs of septic shock?

Septic shock is a particularly severe form of sepsis which causes dangerously low blood pressure. Symptoms of septic shock include:

feeling dizzy, nauseous or faint
losing consciousness (fainting)
diarrhoea
vomiting
cold, clammy or mottled skin.

NHS Trust death: Inquest into St Albans woman’s empty oxygen cylinder

Posted on 21 January 202518 May 2025 by Sarah O'Sullivan

An inquest into the death of a woman under the care of West Hertfordshire Teaching Hospitals NHS Trust began on Monday 20 January.

Incident overview

Cecilia Harper (71) died in Watford General Hospital on 9 February 2022, while being transported from her ward to the radiology department. She had been admitted to the hospital five days earlier.

Circumstances leading to her Death

The mother-of-two had reported breathlessness while in hospital, after initially being provided with oxygen via nasal cannula, her oxygen dependency increased and Cecilia was provided with an non-rebreather oxygen mask for the journey and was accompanied by a porter and student nurse. She was conscious when she left the ward, yet by the time she arrived in the ultrasound room she had lost consciousness. A number of medical staff undertook CPR but Cecilia had sadly died.

Investigation findings

Upon investigation, it was discovered that Cecilia’s oxygen cylinder was empty, it was not clear when this occurred. During the first day of the inquest, it was heard that research carried out by a doctor at the Trust indicated that 10% of patients transferred to the A&E CT department have insufficient oxygen for a return journey, while 9% of patients made the journey with oxygen cylinders switched off.

However, a post-mortem report, which identified metastatic breast carcinoma as the cause of death, made no mention of the impact of the empty oxygen cylinder or oxygen dependency.

The inquest proceedings

An inquest took place at the Coroner’s Office for the Area of Hertfordshire to determine the cause of Cecilia’s death. There have been two previous inquest review hearings to ensure all appropriate evidence has been sought, which has delayed proceedings.

The inquest, which was expected to take place over three days, concluded on Tuesday (21 January). The inquest sought to confirm the exact circumstances surrounding Cecilia’s death.

The coroner determined that Mrs Harper died from natural causes, but it is unclear whether there was any problem with oxygen supply, and it is unclear if there was a problem with oxygen supply, if it contributed to her death.

There was not a determinative finding because of the contradictory evidence and lack of documentary evidence relating to the timings of when things occurred.

Concerns raised by Tees Law

Tees Law, acting for Cecilia’s family, has highlighted possible breaches in regulations by West Hertfordshire Teaching Hospitals NHS Trust.

Hospital staff have reported different times for the length of Cecilia’s journey from her ward to the ultrasound room, however it is understood to have taken at least six minutes. Moreover, it is believed to be contrary to best practice for a porter and a trainee nurse to accompany a patient in the way Cecilia was transported. Instead, she should have been accompanied by appropriately trained professionals.

Statement from Tees Law

Sophie Stuart of Tees, acting for the family, said: “These tragic events pose many questions about the use of oxygen cylinders for patients within West Hertfordshire Teaching Hospitals NHS Trust.

Cecilia’s family is hoping that the inquest will help shine a light on what happened to Cecilia. By highlighting any failings in her care, the family hope that the Trust will address a wider problem in order to ensure this never happens to any other patient.

It is also worth noting that NHS England issued Patient Safety Alerts in relation to oxygen cylinders in 2018 and 2023. Our concern is that despite these alerts this issue still seems to be a problem and could be affecting other patients.”

Remembering Cecilia Harper

Living in St Albans at the time of her death in her early 70s, Cecilia had many jobs throughout her life. Notably, she worked in Hong Kong, managing American expatriates in South-East Asia for the global technology firm IBM. She returned to the UK in 1983, where she lived ever since with her husband John.

Education, Health, and Care Plan for student success

Posted on 13 January 202523 June 2025 by Sarah O'Sullivan

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

Posted on 9 January 202526 May 2025 by Sarah O'Sullivan

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

Posted on 6 January 202529 March 2025 by Sarah O'Sullivan

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.

2024 Property trends: Sales, demand, and 2025 outlook

Posted on 6 January 202521 May 2025 by Sarah O'Sullivan

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

Posted on 6 January 202526 May 2025 by Sarah O'Sullivan

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

Posted on 4 January 202518 May 2025 by Sarah O'Sullivan

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.