NHS Trusts respond after accepting liability for avoidable death of mental health patient

Two NHS Trusts that accepted liability for the preventable death of Jack Farrington have responded to the Regulation 28 Prevention of Future Deaths Report, outlining changes that they have since made to improve patient safety.

Solent NHS Trust and Portsmouth Hospitals NHS Trust have accepted full liability for the preventable death of Jack Farrington, a 26-year-old man who took his own life while detained under section 2 of the Mental Health Act in January 2020.

Trust Failings and Areas for improvement

The Trusts’ failings were found to have contributed to Jack’s ability to abscond from the hospital. Key areas requiring improvement include:

  • Assessment and recording of patient information
  • Information sharing
  • Accountability
  • Implementation of measures to ensure patient safety

Actions taken by the NHS Trusts

Portsmouth Hospitals NHS Trust’s response

Portsmouth Hospitals NHS Trust stated that it is developing a new system to provide the Emergency Department team with more comprehensive information about patients’ needs and risks before their arrival.

Solent NHS Trust’s response

Solent NHS Trust announced that it is transitioning from paper-based forms to an electronic system integrated with the existing online platform, improving the accuracy and accessibility of patient information.

National NHS response

Professor Sir Stephen Powis, National Medical Director of NHS England, highlighted that Summary Care Records now include details of long-term conditions, significant medical history, and specific communication needs by default, unless a patient has opted out.

Jack Farrington’s story

Jack Farrington, who lived with bipolar disorder and schizophrenia, tragically died after absconding from Queen Alexandra Hospital in Portsmouth. He fell from a bridge over the A3 London Road in January 2020.

Legal action and family’s response

Jack’s parents, Joseph and Catherine Farrington, pursued a civil action against both Trusts with the support of Tees Law. The legal claim concluded in January 2024.

Chantae Clark, from Tees Law, commented on the significance of the case:

“This case underscores the pressing need for improvements in mental health care and highlights the importance of robust oversight and accountability across the NHS and mental health services.”

Findings from the inquest

An Inquest concluded that Jack was not capable of forming an intention to end his life. When he was lucid, he showed a desire to recover and sought medical assistance.

Timeline of events leading to Jack’s death

  1. 30 December 2019: Jack called 999 during a psychotic episode and was voluntarily admitted to Queen Alexandra Hospital (QAH).
  2. Initial Risk Assessment: Jack received a ‘Mental Disturbance Primary Survey’ with a risk score of 8, the highest level, requiring Level 5 (black) supervision.
  3. First Absconding Incident: While waiting for further assessments, Jack absconded through an emergency exit.
  4. Second Absconding Incident: After being returned to the hospital by the Police, Jack absconded again the following day.
  5. Detainment and Transfer: Jack was sectioned under Section 2 of the Mental Health Act and transferred to the Hawthorn Ward under Solent NHS Trust.
  6. Insufficient Risk Consideration: Despite his history of absconding, his risk was not properly addressed by the Hawthorn Ward.
  7. Seizure and Return to QAH: On 2 January 2020, Jack suffered a seizure and was returned to QAH, where he was placed in the Emergency Department’s “Pitstop” area.
  8. Final Absconding Incident: Jack absconded once again and tragically took his own life.

Coroner’s prevention of future deaths report

The Coroner issued a Prevention of Future Deaths Report, warning of the risk of future deaths without appropriate action. Key concerns included:

  • Inadequate handovers
  • Poor record keeping

The Report was directed to Solent NHS Trust, Portsmouth Hospitals NHS Trust, and NHS England.

Conclusion

Chantae Clark of Tees Law emphasised the importance of the legal process in driving change:

“Whilst the Inquest process and pursuing legal action cannot undo the pain caused by Jack’s tragic death, I hope that the conclusion of this case, coupled with the Coroner’s Prevention of Future Deaths Report, serves as a catalyst for change.”

Jack’s family, supported by Tees Law, remain committed to ensuring that lessons are learned to prevent similar tragedies in the future.

Patient safety during maternity care called into question

Tees’ Clinical Negligence team advocates for campaigning for patient safety concerning antenatal, maternity, and neonatal care.

BBC Panorama exposes maternity care failures

A BBC Panorama documentary aired on Monday, 29 January 2024, highlighting maternity care issues at Gloucestershire Hospitals NHS Foundation Trust, including the Cheltenham Birth Centre.

A tragic loss: Margot Frances Bowtell

Tees’ client, Laura Harvey from Gloucester, lost her baby, Margot Frances Bowtell, at just three days old. Laura recalls her experiences with Gloucestershire Hospitals NHS Foundation Trust in 2020 after the hospital admitted liability for failures in her care that led to Margot’s death.

Margot was born on 14 May 2020 at the midwife-run Cheltenham Birth Centre and passed away on 17 May 2020 due to a hypoxic brain injury sustained during delivery.

Investigation and accountability

The care Laura and Margot received was provided by two midwives, who are no longer working at the Trust. Both midwives are now under investigation by the Nursing and Midwifery Council (NMC) regarding the circumstances surrounding Margot’s death.

A report by the Healthcare Safety Investigation Branch (HSIB) identified multiple care issues, including a failure to update Laura’s risk assessment after she experienced reduced fetal movements and a bleed at 34 weeks pregnant. As a result, Laura was admitted to a midwife-led, low-risk ward instead of the consultant-led unit she needed.

Missed opportunities for intervention

During labor, Laura experienced further episodes of bleeding. However, these were not escalated to the on-call obstetricians, nor was the information properly handed over between midwives during the shift change on 14 May 2020. HSIB concluded that a referral to the obstetric-led unit for continuous monitoring of Laura and Margot was necessary.

Gloucestershire Hospitals NHS Foundation Trust admitted liability for failures in Laura’s care that caused Margot’s death.

Legal advocacy and expert commentary

Sarah Stocker, Associate at Tees, stated:

“The midwives involved did not follow both national guidance and the hospital’s own clinical guidance on several occasions during Laura’s labor. If the midwives had acted in the hours before Laura gave birth, she would have been transferred to the appropriate ward for obstetric-led care. With continued monitoring, Margot would have been delivered at the first sign of fetal distress and would still be with us today.”

Laura Harvey’s perspective

Reflecting on the midwives and ongoing investigations, Laura Harvey said:

“As a family, we want and more importantly deserve to know why both midwives made the decisions they did and why they chose to directly ignore and not follow the Trust’s own standard practice procedure. It was not just one point where they failed to escalate my care; it was a series of failures.”

A positive experience after loss

In December 2023, Laura safely delivered a baby daughter at Gloucester Hospital, under the care of the Rainbow Team. This time, she experienced exceptional care.

Calling for safer maternity practices

Laura Harvey continues to advocate for better maternity care, emphasising the importance of following safety procedures:

“There are midwives who are working hard and following the safety procedures in place to bring babies into our world, going above and beyond to help everyone.

It should not be a postcode lottery where you give birth and the care that you receive. Midwives and doctors need to follow the national set of safety procedures.

We need to highlight the Trusts that are excelling and share knowledge with those currently struggling. Most importantly, we need to share and learn from what happened to Margot to prevent it from ever happening again.”

Sepsis medical negligence claims – baby Yousef’s story

Sepsis is a life-threatening condition that can cause organ failure and death. In the UK, there are around 245,000 cases of sepsis every year.

Prompt identification and timely treatment of sepsis is vital to avoid catastrophic outcomes. When sepsis is not recognised, or medical care is delayed, the outcomes for patients can be devastating. Some patients may have to have limbs amputated, whilst others might suffer severe organ damage. And, in the UK alone, nearly 50,000 people lose their lives to sepsis-related complications every year.

Tragically, this is what happened to one-year-old Yousef, who died of sepsis on 5 February 2023.

Baby Yousef was the son of Mohammed Elsiddig and Duaa Siyed Ahmed, both of whom are qualified medics. But despite being doctors themselves, numerous medical professionals failed to listen to Mohammed and Duaa’s repeated and increasingly urgent concerns. Tragically, by the time treatment was started, it was far too late.

What causes sepsis?

Sepsis (also known as septicaemia or blood poisoning) is a life-threatening medical condition that occurs when a person’s immune system overreacts to an infection and begins to attack the body’s tissue and organs. People with weakened immune systems are at higher risk of such infections, and therefore at higher risk of developing sepsis.

It can be triggered by any kind of infection, including colds and flus, infected cuts and chest infections. Sepsis can lead to tissue damage, shock, multiple organ failure, blood clots and – particularly if it is not recognised and treated quickly – death.

Sepsis symptoms

Sepsis presents differently in adults and children, which is why awareness of the symptoms is so vital.

Sepsis symptoms in adults

According to the UK Sepsis Trust, adults who present with sepsis might have some or all the following symptoms:

  • Confusion or slurred speech
  • Extreme shivering or muscle pain
  • Not passing urine
  •  Severe shortness of breath
  •  Feeling extremely ill
  • Mottled or discoloured skin.
Signs of sepsis in children

Babies and children with sepsis might present with some or all of the following symptoms:

  • Fast breathing
  • Fits or convulsions
  • Mottled, blue or pale skin
  • A rash that doesn’t disappear with pressure
  • Lethargy
  • Abnormally low temperature
  • Vomiting
  • Not passing urine.

Yousef’s story – multiple failures to diagnose and treat sepsis

Yousef’s death was a tragedy and could have been avoided with earlier diagnosis and treatment. Throughout his illness, he presented with many, if not all, of the sepsis red flags described above – but the signs were missed time and time again.

Yousef’s illness began with fever and flu symptoms shortly after having his one-year vaccinations. His parents understandably thought that this was a passing viral illness and treated him symptomatically with Ibuprofen and Calpol. When he continued to feel poorly, they took him to his GP, who agreed it was probably viral.

Yousef’s first attendance at A&E

A few days later, Mohammed and Duaa took Yousef to A&E. By this time, his fever had lasted for nearly a week, he was not taking much food or fluid, and he had a cough and was not his usual self. Yousef had also become lethargic, sleeping through the whole night – something that was unusual for him.

Mohammed and Duaa were extremely concerned that Yousef may have sepsis and begged the doctor to do blood tests. The doctor refused, said it was likely resolving flu and sent Yousef away with oral antibiotics.

Yousef’s second attendance at A&E

The next day, Yousef’s fever took a turn for the worse and he was shivering and vomiting. He couldn’t keep his antibiotics down. He had difficulty breathing. His parents called 999 and were told to wait for a callback. They were so worried about Yousef that they instead decided to take him back to A&E.

After being triaged as non-urgent, waiting for five hours and being told they were facing an 18-hour wait for treatment, Mohammed and Duaa decided to take their baby home as his antibiotics were due.

After a short spell of improvement, Yousef’s condition deteriorated. He developed diarrhoea and his urine output significantly decreased. His temperature reached an all-time high. He didn’t want to eat or drink. His breathing became fast and flat. His heart rate was rapid and his skin was mottled.

Emergency 999 call

·       Mohammed called 999 and described Yousef’s symptoms. After listening to his breathing, the ambulance clinician said that she was extremely concerned that Yousef may have sepsis – however, there were no ambulances available for 10 hours. His parents were advised to take Yousef to A&E themselves within the hour.

Yousef’s third attendance at A&E

Despite the phone operator giving them a referral that was supposed to get Yousef seen more quickly, on arrival, Yousef was treated as non-urgent. Terrified that Yousef had sepsis, Mohammed challenged the triage nurse (who had witnessed Yousef vomiting) but he was told, “Just because you think he has sepsis doesn’t mean he has it.”

Yousef was seen by a doctor, but Mohammed and Duaa were told he likely just had a normal fever. The doctor would not listen to them and Mohammed remembers him cutting Duaa off mid-sentence several times. The doctor refused to do blood tests but agreed to observe Yousef overnight. After judging the overnight results as normal, he stopped Yousef’s antibiotics.

Following more pressure from Mohammed and Duaa, he agreed to perform a blood gas test – which does not check for infection – the results of which were said to have come back normal.

The doctor said to Mohammed: “I’m now happy, it’s your turn to be happy.” Mohammed states that he retorted: “How could I be happy when I’m seeing my child poorly in front of your eyes and you’re not doing anything for him?” Mohammed was told he was worrying too much and, when challenged further, the doctor told Mohammed that he was over-worried. The family were, again, sent home, feeling unapologetically dismissed.

Private bloods

By now, Mohammed and Duua were so desperate, that they decided to try to arrange for private blood tests. As a same-day appointment was unavailable, they booked one for the next day.

The private GP was seriously concerned about Yousef’s condition and strongly advised that Yousef be seen by either the NHS GP or a paediatrician. The blood results took several days to process. When they did come back, they clearly showed high levels of infection in Yousef’s blood.

NHS GP Visit

Whilst at the private GP, Yousef’s NHS GP called to follow up on his recent hospital visit. Mohammed told the GP that Yousef’s condition was deteriorating. His temperature was high, his nappies dry, his stools loose, he was refusing to eat and he was interacting less. He was lethargic and irritable.

The GP agreed to see Yousef face to face in the clinic but diagnosed him with hand, foot and mouth disease – despite a rapidly developing skin rash and no symptoms in these areas of his body.

Mohammed and Duaa asked the GP to refer Yousef back to the hospital for further assessment, but the GP refused to refer him. Once again, Mohammed, Duaa and Yousef were sent home. They remember feeling angry and frustrated, and like they were being ‘gaslighted’.

Yousef’s fourth attendance at A&E

Later that day, Yousef’s parents noticed swelling and discolouration around his bottom, which looked like an abscess. They rushed him back to A&E, where their concerns were once again dismissed.

It was only when Yousef began struggling for breath that he was rushed into a side room and put on oxygen. With his parents crying by his side, a consultant finally admitted that Yousef might have sepsis. Mohammed remembers saying, “I don’t want him to die.”

“Everything was too slow,” said Mohammed. “Giving him IV fluids, and antibiotics, you could see he was in severe pain. We begged them many, many times to give him something for the pain, but everything was slow. Everything was delayed.”

Yousef was eventually intubated and admitted to the paediatric intensive care unit (PICU) after suffering a vacant episode. Sadly, following several cardiac arrests – which resulted in a lack of oxygen and brain death – Mohammed and Duaa’s little boy passed away from overwhelming sepsis. He had just turned one.

Seeking justice and raising awareness

With the help of Janine Collier, who heads up the Medical Negligence team here at Tees, Mohammed and Duaa are bringing a sepsis negligence claim against Birmingham Children’s Hospital and are working to raise awareness of sepsis and the importance of listening to parental concerns, to ensure a lasting legacy for Yousef.

They said: “Our son was failed. He had many chances to survive, but they were all missed by healthcare professionals. He suffered so much pain and we still suffer from the trauma and horrible pain of losing our precious baby because of a whole system failure, medical negligence and lack of sepsis awareness.

“More must be done to stop the trauma and horror that we and other families have been through. We are very passionate about making a change – all hospitals should be able to follow Sepsis Trust or NICE guidelines and prevent such dreadful outcomes due to a completely curable and preventable illness.

“Parental concerns and repeated visits to A&E are equally important in recognising sepsis. Only together can we change a broken system and raise awareness about sepsis amongst parents and – most importantly – the professionals who are responsible for caring for us and our children.”

Janine, who is working closely with Mohammed and Duaa on their case, said:

“This is yet another devastating instance of how an overwhelmed health system and a total lack of sepsis awareness, has resulted in an entirely preventable death. At just one-year-old, Yousef has had his whole life snatched away from him, leaving his parents’ world in tatters.”

“Nothing will ever replace Yousef or make up for his death. However, we can work hard to secure justice for him and support Mohammed and Duaa as they in turn do everything they can to prevent this kind of tragedy from ever happening to another family.”

Tees supports grieving family with clinical negligence case

Justice at Stake: A Mother’s Testimony on Legal Representation in Clinical Negligence Cases

A Heartbreaking Loss: Adam Bunn’s Story

The mother of a young man who lost his life in 2021 has spoken out about the invaluable help provided by the Clinical Negligence team at Tees Law during a time of real need.

This case serves as a powerful reminder of the importance of specialist legal representation in supporting families and driving improvements in healthcare standards. This comes as the government’s proposals on Fixed Recoverable Costs (FRC) threaten to significantly limit access to justice for vulnerable groups.

What Happened to Adam Bunn?

In September 2021, 26-year-old Adam Bunn was admitted to the hospital, diagnosed with severe constipation, and discharged a few days later. Tragically, he was back in hospital the following day, where he collapsed and could not be revived.

An inquest in 2023 revealed that Adam had sepsis and rectal faecal impaction. His blood tests showed clear signs of sepsis, which should have been identified.

A Mother’s Perspective: katie Bunn’s testimony

Katie Bunn, Adam’s mother, shares her experience:

“Our son, Adam, died suddenly and unexpectedly on Friday, 17 September 2021. His inquest took place nearly two years later in August 2023. The coroner concluded that the hospital trust failed Adam in six key ways, one of which was due to neglect. With the correct diagnosis and treatment, Adam would likely have survived.”

The role of legal representation in the inquest

Katie Bunn emphasised the essential support provided by Tees Law:

“We were represented on a ‘no win, no fee’ basis by Tees Law, whose experience in clinical negligence cases was invaluable. Without their guidance, I am certain the coroner’s findings would not have been as comprehensive. The Trust would not have admitted their failings without legal pressure.”

She further explained how the legal team selected expert witnesses, engaged a skilled barrister, and navigated the complexities of the coroner’s court.

“The prospect of facing this process without legal support would have been unimaginable.”

The impact of fixed recoverable costs on access to justice

If the proposed FRC rules had been in place during Adam’s case, the family might not have been able to secure legal representation.

“The Trust would still have had taxpayer-funded legal representation, while we, as a grieving family, would have struggled without the necessary support.”

Tees Law’s perspective on fixed recoverable costs

Tees Law’s Clinical Negligence team expressed their concerns:

“Over the last decade, we have built a specialist practice representing vulnerable clients at inquests. The government’s FRC proposals will further marginalize vulnerable groups, including the elderly, those with mental ill health, and individuals with learning disabilities.”

Understanding Fixed Recoverable Costs (FRC)

Fixed Recoverable Costs (FRC) are legal fee limits proposed by the government for certain medical negligence claims. The most significant impact will be on claims under £25,000, which often involve vulnerable individuals.

The Department of Health has acknowledged that the proposed reforms disproportionately affect people with disabilities, the elderly, and low-income groups.

Recent changes to FRC in October 2023

In October 2023, the government implemented FRC for claims valued between £25,001 and £100,000. These reforms introduced an Intermediate Track with case-specific factors and Complexity Bands that determine cost limits.

Conclusion: Ensuring fair access to justice

Adam’s story highlights the essential role of legal representation in holding healthcare providers accountable and securing justice for grieving families. Fixed Recoverable Costs threaten this access to justice. It is crucial to ensure that vulnerable individuals retain the right to adequate legal support.

Tees Law remains committed to fighting for families like Adam’s and advocating for fairer legal frameworks.

Tees advises on the purchase of over 230 acres of land and an industrial site

Looking back over the last 12 months; Tees are thrilled to have advised longstanding clients, R S Coleman and Schwier Farms Limited, on their joint purchase of over 230 acres of arable land and a muti-let industrial site in Essex in December 2022.

Simon Dixon Smith of Land Partners acted for the purchasers from an agency perspective and Paul Walker of Whirledge & Nott was the sellers’ agent.

Paul Walker stated:

This sale was one of the largest areas of land offered to the market in the Rodings area for some time. Strong local interest was expected, especially from neighbours many of whom are well known by the vendors and themselves valued clients of W&N. Confidentiality and an understanding the parties’ objectives and sensitivities is always paramount but even more so in this case, given the personal connections. The strong professional relationship between the respective agents and solicitors greatly helped in navigating the complexities of this transaction to keep all parties aligned through to completion.”

From the legal side; Partner, Daniel Fairs of Tees’ Rural and Commercial Property team, took the lead in advising both purchasers on all aspects of the transaction. A third party was also involved in this and purchased a third parcel.

A number of complications arose during the transaction; including unregistered land, overage in favour of the Seller, bank funding, and the separate parcels of land needed rights over each other. Further elements to this transaction, related to a Farm Business Tenancy and a Pre-emption Agreement with all elements needing to be completed at the same time as the purchase.

Daniel was able to navigate all the complications and issues and advise the clients through the purchase, resulting in an excellent outcome for all involved.

Daniel Fairs commented:

“The Coleman and Schwier families have been clients of Tees for a number of years, and I have worked closely with the clients for the last 4 years to understand their farming business. I was delighted to have advised the clients in connection with this complex purchase and worked closely with all the professionals to get this deal across the line. I hope to continue supporting the clients with expanding their business from both a farming and diversification point of view in the future.

Coleman and Schwier families commented:

We can’t speak highly enough of Daniel Fairs of Tees. We have used him for a variety of different cases, and we have always been pleased with his work. Daniel takes the time to explain things in layman’s terms, helping to clarify any and all points that can be lost in the translation of legal documents. We were also impressed with the solutions Daniel proposed to complicated situations that arose during the cases that he has taken for us. Daniel is an excellent solicitor, and we would thoroughly recommend him.”

Planet Education’s £3.8M freehold purchase: York House deal

Tees have recently advised Planet Education Networks (Planet Education) on its £3.8 million freehold purchase of York House in Birmingham.

Planet Education runs a global network of education institutes aiming to provide high-quality higher education courses. With the purchase of York House, which sits on a prominent corner location at Newhall Street and Great Charles Street and is a substantial five storey building of 22,175 sq ft, Planet Education intends to turn the property into an education campus to expand its existing campus in Birmingham.

Partner, Daniel Fairs, who was assisted by solicitor, Andrew Harrison, worked quickly and efficiently to finalise the purchase within Planet Education’s required timescales. Leaning on their experience, Daniel and Andrew were able to complete the transaction within six weeks of the agreement of the Heads of Terms.

Daniel Fairs’ commented:

“It was a pleasure to have advised the purchasers, Planet Education Networks Ltd, with their strategic purchase of York House. All the professionals worked tirelessly to get this deal across the line. I look forward to hearing more as the property develops and seeing the end result when the campus is up and running”. 

This project is a great example of the potential and growing trend to repurpose city centre office buildings such as York House for alternative purposes such as for the educational and living sector.

Tees advises Compliance Labelling Solutions on sale to Asteria Group

Tees are delighted to have advised the shareholders of Compliance Labelling Solutions (CLS) on its sale to the Asteria Group (Asteria). Based in Braintree, Essex, CLS is a BRC and ISO-certified label and tag manufacturer with over 40 years of experience serving clients across a range of different sectors. The business is highly respected in the industry and is known by its customers for high quality levels of service & product.

Asteria is an international group that produces a wide range of printed packaging materials such as labels, flexible packaging, and boxes. The group has grown rapidly and currently has thirty-three production sites in Belgium, the Netherlands, France, Germany, Denmark, Spain, UK, Estonia, Ireland, and Finland. This is Asteria’s third acquisition in the UK, following CS Labels and Berkshire Labels. The transaction will allow the Asteria Group to consolidate its footprint both in the UK and the food and beverage area.

After acquiring the company through a management buy-out back in 2015, the shareholders of CLS were looking to find the right partner to take the business forward while providing stability for its employees and customers. Asteria proved to be a perfect fit, as, despite its size, it maintains the SME spirit and will enable CLS to continue guaranteeing fast delivery times and excellent service levels to its customers. The opportunity to share knowledge and skill amongst the group also presents a significant opportunity for CLS under the ownership of Asteria. CLS will continue to be led by its current management team, Matt Day, and Geoff Nunn.

The Tees corporate team advising on the transaction was led by Partner Lucy Folley, with assistance from Associate Natasha Bhandari and Solicitor Nana Poku.  Senior Associates Lucy Beck and Katherine Jameson provided support on the property and employment aspects of the transaction respectively.

Commenting on the transaction Matthew Day, Director, CLS said, “The expertise and professionalism of Tees made what was a daunting task manageable and painless. With a knowledgeable team on hand working hard on our behalf, it helped achieve a deal that satisfied both sides and ensured the continued success of Compliance Labelling Solutions.”

Geoff Nunn added, “It was a pleasure working with Tees, the level of advice received was excellent and the whole team worked extremely hard to ensure tight schedules were met throughout the sale process.”

Lucy Folley commented “We were delighted to support Geoff and Matt on the sale of their highly successful business and guide them through the legal process to achieve a successful outcome.  The sale is excellent news for all parties involved and we wish everyone involved all the best for the future”

Rob Dukelow-Smith, Director Forward Corporate Finance who, together with Amie Goodland, assisted Geoff and Matt in finding the buyer commented, “It was a pleasure to assist Matt & Geoff on the sale of a really well-run business to an excellent acquirer. The positive outcome all around is a testament to all their hard work, and we wish Matt & Geoff every success with their new owners.”

Tax advice for Matt & Geoff was provided by David Richardson and Christine Ingram at Croucher Needham.

Estate planning: Equity release and inheritance tax

Paul and Margaret Evans are a retired couple in their late 70s. They own a valuable property worth £1.2 million and have savings and investments worth £800,000. They have two children and wish to minimise the impact of inheritance tax on their estate, while ensuring they have sufficient funds for their retirement.

Client objectives: Paul and Margaret Evans wish to reduce their potential inheritance tax liability and maximise the amount they can pass on to their children. They also want to maintain their current standard of living and have the flexibility to access additional funds if needed.

Strategy: To achieve their objectives, Paul and Margaret decide to explore the option of equity release as a part of their inheritance tax planning. Equity release allows them to release a portion of the value tied up in their property while continuing to live in it.

Recommendation and Implementation:

Initial Meeting: Paul and Margaret discuss with Toni Chalmers-Smith, their financial adviser at Tees Wealth, inheritance tax planning and equity release. Toni assesses their financial situation, including their property value, savings and investments, and determines the potential inheritance tax liability.

Equity Release Option: After reviewing Paul and Margaret’s financial situation, Toni recommends a lifetime mortgage as the most suitable equity release option. A lifetime mortgage allows them to borrow against the value of their property, either as a lump sum or in smaller amounts over time.

Loan Amount and Interest Rates: Toni calculates the loan amount Paul and Margaret can release based on their age, property value, and health conditions. They also discuss the interest rates, repayment options, and implications for their estate.

Estate Protection: To ensure that the inheritance for their children is maximised, Paul and Margaret decide to opt for an interest roll-up plan. This means they won’t make regular interest payments, and the interest will be added to the loan balance. The loan, including the accumulated interest, will be repaid upon their death or if they move into long-term care.

Inheritance Tax Planning: By releasing a portion of their property’s value, Paul and Margaret can use the funds to make gifts to their children, reducing the overall value of their estate. They consult with a solicitor at Tees to ensure the gifts are structured appropriately within the inheritance tax rules and exemptions.

Ongoing Review: Paul and Margaret maintain regular contact with Toni and their solicitor to review their estate planning strategy and make adjustments as needed. They understand that changes in legislation or their personal circumstances may require modifications to their inheritance tax planning approach.

Outcome

By utilising equity release for inheritance tax planning, Paul and Margaret achieve several objectives:

Inheritance Tax Savings: By gifting a portion of the released equity to their children, Paul and Margaret effectively reduce the value of their estate, potentially resulting in significant inheritance tax savings.

Retained Standard of Living: Paul and Margaret can access the released funds to maintain their current lifestyle, cover healthcare expenses, or enjoy travel and leisure activities during their retirement.

Flexibility: With an interest roll-up plan, Paul and Margaret have the flexibility to choose how and when they access the funds, whether as a lump sum or in smaller amounts over time with a drawdown facility. This provides them with financial security and peace of mind.

Legacy for Children: By reducing their inheritance tax liability and making gifts during their lifetime, Paul and Margaret can pass on a larger portion of their estate to their children, ensuring a more substantial financial legacy.

Important Considerations:

If you are releasing equity to gift money to another person, this will be exempt from IHT if you live for 7 years thereafter, and do not derive any direct or indirect benefit back.  However, if you die within 7 years of making the gift, it will be brought back into account with the rest of your estate when calculating the tax.

It’s crucial to note that equity release, including lifetime mortgages, is a complex financial product. Mr and Mrs Evans sought professional advice from a qualified financial adviser and solicitor to ensure they understood the risks, costs, and implications of their chosen strategy. Everyone’s circumstances are unique, and it’s important to consult with a specialist within this area of advice.

Tees is a trading name of Tees Financial Ltd, which is authorised & regulated by the Financial Conduct Authority, Registered in England, and Wales number 4342506.

Tees is a trading name of Stanley Tee LLP regulated by the Solicitors Regulation Authority, Registered in England in England, and Wales number OC327874.

Tees advises Savage Haulage Limited on its sale to The Ice Co Storage & Logistics Holdings Limited

Tees has advised the sellers of Savage Haulage Limited (Savage Haulage), one of the largest temperature-controlled storage and logistics businesses in East Anglia, on the sale of Savage Haulage to The Ice Co Storage & Logistics Holdings Limited (Ice Co).

Savage Haulage has been a family business for 60 years and has been managed in recent years by brothers Martyn and John Savage. It has sites in both March and Thetford and, in 2021, Savage Haulage generated £5.9 million in turnover. Ice Co operates from sites in Newcastle, Preston and Doncaster, and provides storage, logistics, blast freezing and tempering services. Ice Co’s acquisition of Savage Haulage represents a sizeable step forward for Ice Co in terms of its geographic reach nationally.

Martyn Savage, joint MD of Savage Haulage commented: “The Ice Co are a family company with the same values and ethics as ourselves. They are committed to continuing the existing operations retaining our existing personnel in the same positions and creating further opportunities in East Anglia as they take the business forward.”

Lucy Folley, Partner at Tees Brentwood,  Baljeet Kaur, Senior Associate at Tees Brentwood, and other members of the Corporate team at Tees advised Martyn Savage and the other owners of Savage Haulage on a suite of transaction documents, including a complex share purchase agreement and intricate disclosure letter. Lucy was practical in her approach to ensuring that the owners of Savage Haulage understood the legal implications of their commercial decisions and utilised her deep knowledge of the logistics industry to navigate any potential issues arising. The Corporate team worked seamlessly and collaboratively with the Commercial Property team, which was led by Senior Associate Daniel Fairs.

Lucy Folley commented: “We are delighted to have advised the sellers of Savage Haulage Limited on such a monumental transaction in the transport and logistics industry. The sector has faced inflationary challenges in the form of rising fuel, energy, and labour costs. Following a slowdown in consolidation during the pandemic, we are now seeing a strong resurgence in interest in mergers and acquisitions as businesses seek to capitalise on strategic opportunities and enlarge their geographical footprints. Tees is known for acting for both purchasers and sellers in the transport sector; this transaction showcases both the firm’s deep logistics expertise and the sheer importance of M&A deals we are advising on.”

Tees collaborated with Price Bailey, advising the sellers of Savage Haulage on the financial and accounting aspects of the multi-million-pound transaction.

Tees advises Moralis Group Limited on its disposal of G.B.N Services Limited

Tees has advised long-standing client Moralis Group Limited (Moralis) on the sale of G.B.N Services Limited (GBN)to Reuse Holdings Limited, part of the wider Sortera Group (Sortera).

GBN was incorporated in 1986 and has grown to become the leading skip hire, recycling and waste company for construction, commercial and household customers across the Southeast of England. GBN has a strong regional presence supported by established UK-wide partners.

Garry Hobson, Managing Director of GBN, said: “This transaction marks an important milestone in what has been a very successful journey for GBN so far, and I am happy that we are now part of Sortera. Sortera shares many of the same success factors as GBN with an entrepreneurial vision, a passion for customers and a strong focus on sustainability. They are a strong partner which will allow for further investment into and development of GBN, which will benefit both the market and our end customers.”

Sortera is a leader in the collection, recycling, processing and sale of residual products from the building and construction sector within northern Europe. Having acquired London-based O’Donovan Group Limited in June 2022, Sortera’s acquisition of GBN represents an additional strategic, geographic investment for the company in the south of England.

Sebastian Wessman, CEO of Sortera, commented: “Sortera is very excited to welcome GBN Services to our UK operations. GBN has built a very strong reputation in the London market with a strong focus on customers, quality and sustainability led by a passionate and experienced team of employees. GBN’s way of working is very much aligned with Sortera’s core values, and we are very happy to add them to the growing Sortera family.”

Corporate Partners Lucy Folley and Baljeet Kaur, with support from the wider Tees Corporate team, advised Moralis on the corporate aspects of the transaction. With sites in Edmonton, Rochford, Southend, Harlow, and Uxbridge, there was a sizeable commercial property aspect of the sale of GBN. Partner Aaron Cane and Senior Associate Lucy Beck advised Moralis on the real estate components of the deal.

Lucy Folley said: “We are proud to have supported and advised long-standing client, Moralis, on this substantial transaction in the commercial recycling and waste disposal sector. Our lawyers have the knowledge and expertise required to truly understand our clients’ industries, which allows us to navigate them through the thorniest of their legal issues and provide practical, tailored solutions at every given opportunity. It was a pleasure to work once again with the Moralis team and we wish them every success in the future.”

Tees worked alongside LB Group, which provided advice to Moralis on the financial and accountancy aspects of the transaction. Having acted for GBN Services for over a decade, LB Group and their Corporate Finance team headed by Stuart Sheldrick were pleased to be involved in the sale of GBN Services.

Stuart Sheldrick said: “It was great to be part of the team working closely with the sellers Moralis Group spearheaded by Soliman Motala, and the team at Tees Law consisting of Lucy Folley and Baljeet Kaur, to ensure a successful execution of the sale to enable Moralis Group to develop their strategic plan.”

White & Case LLP and Eight Advisory acted for Sortera on the multi-million-pound deal.