Practice Area Archives

Planning for the school holidays

Posted on 3 June 202422 March 2025 by Sarah O'Sullivan

The school holiday season can be stressful enough for separated parents. In this article, we will discuss how to best plan for the holiday.

Every year our family law solicitors advise parents who are facing difficult questions around the holiday periods following separation. For a lot of families, issues centre around deciding with whom the children will spend their time and if there are any issues on where the other parent is taking them if they were going away.

Our advice to co-parents is:

Plan ahead where possible

Most families adjust to life after separation with children spending time during the summer holidays with both parents. If handled sensitively, children adjust quickly and look forward to the opportunity to share their holidays with both parts of their family.

Usually, it is the parents who find adjusting to new arrangements over the holiday time difficult. To make such decisions easier, the key is to plan ahead and not leave difficult decisions to the last minute.

Consider the bigger picture

The aim is to be able to co-parent over the holiday periods in such a way that your child will understand that both parents love them and want to spend positive periods of time with them. However, we understand that separation can be a bumpy road, and it’s easier for some to achieve this than others.

Talk to each other

If there are no welfare issues and you are struggling to reach an agreement with your co-parent about sharing the school holidays, it is usually quicker and cheaper to use a mediator rather than going to court. They will arrange a meeting with your former partner to agree on how childcare over the holidays will be split. Communication is key: airing your thoughts normally pays off, allowing you to negotiate a fair, practical custody agreement over the school holidays well in advance.

To make the school holiday period work for you, it’s a good idea to put your agreement in writing. This will not only help with organisation, but it will help you both keep track of what’s been agreed upon when you’re making bookings or holiday arrangements again in the future.

Set out a Parenting Plan

There doesn’t have to be a formal process if you can both agree easily which will allow you to tailor the plan to suit both parents. If you’re looking for a good place to start, though, try using this free Parenting Plan template from the Children and Family Court Advisory and Support Service (CAFCASS).

Remember your parental responsibility obligations if going abroad

You must have the express permission of everyone with parental responsibility before taking a child outside of England and Wales. Taking a child abroad without the permission of the court or everyone with parental responsibility is child abduction.

Some international borders require sight of a written permission letter from the other parent and might ask to see this or other evidence of this consent before allowing you to travel. Therefore, to avoid delays, make arrangements in advance of travel for the handing over of passports and permission letters (we would suggest that this letter includes the other parent’s contact details and details about the trip).

Ophthalmic medical negligence claims

Posted on 1 June 202423 March 2025 by Sarah O'Sullivan

A study commissioned by the Royal National Institute for the Blind (RNIB) found that 2 million people in the UK are living with sight loss that is severe enough to have a significant impact on their daily lives. Half of this sight loss was said to have been avoidable with a worrying lack of awareness when it comes to ‘red flag’ symptoms linked to sight-threatening eye conditions.

If you or a family member have suffered from an eye injury as a result of medical negligence, we know that it is likely to have impacted your daily routine, mobility, enjoyment of social situations and might even have affected your career. Here Sarah Stocker, Solicitor in Tees’ medical negligence team, identifies some of the most common eye conditions including injuries sustained as a result of ophthalmic medical negligence.

Ophthalmic negligence claims

Tees’ clinical negligence team understands that when you seek advice relating to your eyesight from an optician or ophthalmic specialist, you expect professional expertise. You depend upon their diagnosis and recommendations for management and treatment.

Sadly, when mistakes are made by medical professionals it can result in a particularly distressing time for patients and their families alike. It can mean big changes, some of which can be expensive. You may be struggling to understand why this happened and how you are going to cope now and in the future. If you have suffered from any loss of sight as the result of misdiagnosis, inadequate, delayed or inappropriate treatment, you could be able to claim compensation.

Clinical negligence claims for ophthalmic negligence are highly specialist. Tees Ophthalmic specialists work alongside some of the leading medico-legal experts in the country and have all received visual awareness training from Support4Sight.

What is ophthalmology?

Ophthalmology is a branch of medicine dealing with the diagnosis, treatment and prevention of diseases of the eye and visual system.

Many of us find that our vision naturally gets worse over time, while others might suffer from eye conditions such as macular degeneration, cataracts or glaucoma that can have an adverse effect on our eyesight. Conditions like these can be successfully treated if they’re diagnosed early and can be managed effectively with treatment and medication, helping us to get on with our day-to-day lives

Regular eye checks can also be important to identify other conditions. For example, a reduced visual field may be one of the first signs of a brain tumour.

Examples of ophthalmic negligence claims:

Failure to give appropriate advice on the risks, benefits and other treatment options
Cataract, corneal or vitreo-retinal surgery accidents
Misdiagnosis or delayed diagnosis of high blood pressure in the eyes and glaucoma
Delay in diagnosis and treatment of Giant Cell Arteritis
Misdiagnosis/failure to diagnose ophthalmic conditions such as retinal detachment or Acute Angle Glaucoma
Failure to diagnose, monitor and/ or treat ophthalmic diseases such as macular degeneration and diabetic retinopathy
Failure to identify or investigate a visual field defect/compression of the optic nerve leading to a delayed diagnosis of a brain tumour
Inappropriate or delayed ophthalmic treatment
Misdiagnosis of eye conditions;
Failure to diagnose and/or treat Retinopathy of Prematurity
Misdiagnosis or failed diagnosis of paediatric (children’s) ophthalmology
Surgical accidents, including problems with laser surgery;
Failure to diagnose or misdiagnosis of malignancy (Cancerous cells)

What are the leading causes of sight loss?

age related macular degeneration
cataracts
diabetic Retinopathy
glaucoma

Age-related Macular Degeneration

Age-related macular degeneration (AMD) is a problem with the macula that causes sight distortion or loss to central vision. It usually first affects people in their 50s and 60s. It is not painful, and it doesn’t typically result in total sight loss but, without treatment, vision may get worse. This can happen gradually over several years (“dry AMD”), or quickly over a few weeks or months (“wet AMD”).

The exact causes of AMD are unknown but certain factors are thought to increase your chances of developing AMD such as smoking, sunlight, age and gender.

Sometimes AMD may be found during a routine optician’s appointment; a specialist called an optometrist will look at the back of your eye and may refer you to an eye doctor (ophthalmologist) or specialist AMD service. This is usually only necessary if there’s a possibility you’ll need to start treatment quickly.

You may have more tests, such as a scan of the back of your eyes.

Treatment for Wet AMD includes injections. These injections typically do not improve sight but arrest further deterioration.

Cataracts

Cataracts are when the lens of your eye, a small transparent disc, develops cloudy patches. Many people over 60 have some degree of cataracts and the vast majority can be treated successfully.

The most common type of cataract is age-related cataract and they develop as people get older. In younger people cataracts can result from conditions such as diabetes, certain medications and other longstanding eye problems. Cataracts can also be present at birth. These are called congenital cataracts.

Cataract surgery is usually a straightforward procedure that takes 30 to 45 minutes. It’s often carried out as day surgery under local anaesthetic and you go home on the same day.

During the operation, the surgeon will make a tiny cut in your eye to remove the cloudy lens and replace it with a clear plastic one.

The risk of serious complications developing as a result of cataract surgery is very low. Most common complications can be treated with medicines or further surgery. There is a very small risk – around 1 in 1,000 – of permanent sight loss in the treated eye as a direct result of the operation.

Diabetic retinopathy

Diabetic retinopathy is a complication of diabetes, caused by high blood sugar levels damaging the Retina. The blood vessels may swell and leak blood or fluid, or larger blood vessels may become blocked causing new, very weak blood vessels to grow in the wrong place on the retina. In very advanced cases, the retina can become detached.

Anyone with diabetes who is 12 years old or over is invited for eye screening once a year in the UK. Early signs of the condition can be picked up by taking photographs of the eyes during diabetic eye screening. This screening can detect problems in your eyes before they start to affect your vision. If problems are caught early, treatment can help prevent or reduce vision loss.

It can cause blindness if left undiagnosed and untreated.

Glaucoma

Glaucoma is a common eye condition which causes damage to the optic nerve. This damage can be caused by increased pressure in the eye damaging the optic nerve, or by a weakened optic nerve, or often by a combination of the two.

This high pressure in the eye is not linked to blood pressure. It is caused when drainage channels in the eye become blocked and there is a build-up of fluid in the eye.

There are different types of Glaucoma depending upon the speed at which the drainage channels become blocked or whether another eye condition has caused the Glaucoma. In very rare cases babies can have Glaucoma caused by a malformation of the eye.

Glaucoma can develop very slowly and may be symptom-free at first. Left to develop untreated it can cause loss of your side (peripheral) vision leaving you only able to see things directly in front of you (tunnel vision).

Early treatment can help stop your vision becoming severely affected. There are several quick and painless tests that can be carried out by an optometrist if they suspect you have glaucoma after a routine eye test: Eye pressure test, gonioscopy (examination to look at the front part of your eye), visual field test and optic nerve assessment.

If Glaucoma is picked up during an eye test, you should be referred to a specialist eye doctor (ophthalmologist) for further tests. They will confirm your diagnosis and advice on further treatment.

In January 2020, the Healthcare Safety Investigation Branch (HSIB) carried out a national Investigation into the lack of timely follow up for glaucoma patients (a recognised national issue across the NHS). The research found that around 22 patients a month suffer severe or permanent sight loss as a result of the delays. HSIB made a number of recommendations for the management and prioritisation of follow up appointments for glaucoma patients.

Red flag symptoms for sight threatening conditions: Retinal Detachment

Retinal tears can be a precursor to retinal detachment. A retinal tear is able to be detected during any routine eye test and can be monitored and treated before a person’s eyesight is adversely affected.

What is Retinal Detachment?

Retinal Detachment is when the thin layer at the back of your eye (retina) becomes loose. Retinal Detachment requires urgent treatment in order to prevent permanent visual impairment.

Red flag symptoms that require urgent medical attention include, but are not limited to:

Floaters (dots or lines that suddenly appear in vision or suddenly increase in number);
Flashing lights
Dark shadows in your vision
Sudden onset of blurred vision

Who is at risk of a retinal detachment?

Retinal detachments are rare with a rate of 1 in 10,000 people having one each year. Retinal detachments are most likely to occur in people between 40 to 70 years old. Certain factors put some people at a higher risk of developing a retinal detachment:

Short-sightedness;
Have had any recent trauma (an injury or a blow) directly to the eye;
Have a history of previous retinal detachment;
Have a family history of retinal detachment;
Have had previous eye surgery in that eye, such as cataract surgery;
Have certain other eye conditions, such as diabetic retinopathy.

Retinitis Pigmentosa

Retinitis pigmentosa (RP) is a genetic disorder of the eyes that causes loss of vision. The first symptoms include trouble seeing at night and decreased peripheral vision (side vision). As peripheral vision worsens, people may experience “tunnel vision”. Complete blindness is uncommon.

In approximately half of all cases (50 to 60%) there are other family members with RP.

The methods of treatment include gene therapy, stem cell therapy and visual prosthesis. But all these methods own limitations and cannot be conquered in a short period.

First patients began gene therapy treatment for blindness as part of the NHS Long-Term Plan.

How we can help

We understand that complaining about medical treatment can feel daunting and overwhelming, but there are many good reasons for raising concerns about the standard of care and treatment you have received and where there are concerns that something has gone wrong, a claim for negligence.

Eye injury compensation awards vary depending on the degree and severity of the visual loss suffered as a result of any negligence and the help and support needed as a result. Tees’ clinical negligence team work to make sure the compensation reflects the damage caused by negligent eye treatment and your current and future condition.

Compensation can cover these costs

Any long-term care costs
Specialist equipment – such as visual aids, walking sticks, home adaptations
Further treatment from an ophthalmology expert
Expenses – for travel costs to treatment and therapy appointments
Loss of earnings – up to retirement age in the most severe instances
Physical and emotional pain and suffering

If you have suffered a loss of vision as a result of substandard care and need compensation to help you move forward, then you should consider bringing a medical negligence claim.

Coroner: Baby’s death at NHS Trust due to neglect

Posted on 22 May 202427 March 2025 by Sarah O'Sullivan

A baby who died from a brain injury following a delayed labour and delivery was failed by staff at Sherwood Forest Hospitals NHS Trust, a Coroner has concluded.

Arlo River Phoenix Lambert died on 9 March 2023 at Kingsmill Hospital, Nottinghamshire, at five days old. The Coroner found that Arlo’s death was “contributed to by mismanagement of labour and multiple missed opportunities to have expedited his delivery.”

She concluded that neglect contributed to Arlo’s death, which came from “a failure to follow Trust guidance.”

Miss Lambert, Arlo’s mother, was induced at 40+2 weeks, and following spontaneous rupture of membranes (SROM), she was left for 17 hours without any attempts made to progress her labour. The Coroner found that this allowed the risk of infection to materialise. During that time, staff failed to properly review Miss Lambert’s care plan and discuss modes of delivery with her when concerns were raised about the position of the baby and her labour was failing to progress.

Coroners findings on contributing factors

The Coroner concluded that neglect contributed to Arlo’s death, citing a “failure to follow Trust guidance.”

Miss Lambert, Arlo’s mother, was induced at 40+2 weeks. After a spontaneous rupture of membranes (SROM), she was left for 17 hours without attempts to progress her labour. The Coroner found that this delay allowed the risk of infection to materialise. Staff also failed to properly review her care plan or discuss delivery options when concerns arose about the baby’s position and the lack of labour progression.

Missed opportunities and preventable death

The Coroner identified “multiple missed opportunities to have expedited Arlo’s delivery, which would probably have prevented his death.” A Prevention of Future Deaths Report has been issued.

Since Arlo’s death, Miss Lambert has experienced post-traumatic stress disorder (PTSD).

Complaint against specialist registrar

Additionally, the Coroner made a complaint to the General Medical Council regarding the actions of Specialist Registrar Dr Adeyemi. In oral evidence, he stated that he would “cross [my] fingers behind my back and hope and pray the mother would go into labour” rather than implementing an appropriate care plan.

Evidence of brain injury

A post-mortem autopsy confirmed that Arlo’s brain had suffered a hypoxic-ischaemic injury, caused by a lack of adequate oxygenated blood supply. This was attributed to the delayed delivery following fetal distress.

Failings in antenatal and labour care

The Coroner found significant issues in Miss Lambert’s care between her induction of labour on 2 March 2023 and Arlo’s birth on 4 March 2023.

Antenatal failings

At 38+6 weeks gestation, Miss Lambert underwent a growth scan and was offered induction at 40+2 weeks due to concerns about fetal growth. However, the Coroner concluded that this decision was outside national guidelines, and Miss Lambert was not informed that the induction was unnecessary. The Coroner stated that she would likely have gone into spontaneous labour without complications.

Labour management failures

Upon Miss Lambert’s admission, numerous delays in commencing the induction occurred, exacerbated by poor communication and staff shortages.

At 11:33 on 3 March, a high fetal head position was noted, presenting a missed opportunity to consider a delivery plan. Additionally, the decision to discontinue CTG monitoring, against national guidance, prevented the detection of fetal distress.

By 17:00, Dr Adeyemi formulated a delivery plan without consulting Miss Lambert, reviewing her records, or considering her preferences.

The Coroner concluded that had the Trust’s induction of labour policy been followed, and delivery occurred within two hours of SROM, Arlo’s death could have been avoided.

Delayed caesarean section and birth complications

At 21:43, a further opportunity was missed when blood-stained liquor was reported. A lack of communication between the midwife and obstetric team meant that the mode of delivery was not reconsidered.

Doctors eventually opted for a category 1 caesarean section at 03:58 on 4 March, following concerns of placental abruption. At 04:26, Arlo was delivered via a difficult caesarean, with evidence of a placental abruption. Despite specialist care at the Queen’s Medical Centre, he died five days later.

Specific failings identified by the Coroner

The Coroner outlined the following key failings:

Failure to follow the Trust’s induction policy.
Inadequate monitoring of fetal distress.
Poor communication and staff shortages.
Lack of consideration for Miss Lambert’s informed consent.

Had Arlo been delivered sooner, the Coroner concluded that he “would more likely than not have survived.”

Calls for maternity care reform

Following a series of high-profile scandals, NHS Trusts face mounting pressure to improve maternity care. A recent Birth Trauma Inquiry condemned poor maternity and postnatal care as “tolerated as normal,” calling for systemic reform.

Family’s response and legal representation

Chantae Clark of Tees Law, representing the family, stated:

“These tragic events were preventable if Sherwood Forest Hospitals NHS Trust had followed the guidance and acted on the warning signs in the hours before Miss Lambert’s labour. It is hard to believe that in such an advanced healthcare system, a mother should suffer the treatment that she did and that a baby should die because of neglect.”

She emphasised the emotional toll on Arlo’s family and expressed hope that the Coroner’s findings and Prevention of Future Deaths Report will lead to meaningful changes in NHS maternity care.

Tees to sponsor new award at Eastern Echo Awards

Posted on 13 May 202429 March 2025 by Sarah O'Sullivan

Tees Law is set to sponsor a brand-new award for Responsible Employer of the Year at the Eastern Echo Awards. Now in their third year, the awards will take place on the evening of Wednesday, 26 June, in Cambridge to celebrate the best of the East of England’s property industry.

The black-tie event will be attended by leaders from across the property sector and country, with our very own Commercial Property team due to attend to present the new award.

Tees is a top-tier Legal 500 commercial property firm. Our clients include national and international investors, trusts and pension funds, national retailers, trading companies, local authorities, private and public healthcare providers, schools, and colleges. Tees is also a national panel member of the NFU (covering Hertfordshire, Essex and Suffolk) – one of only 16 law firms on the panel. This is a recognition of the outstanding quality of our service and expert knowledge of both agricultural law and a broad range of legal services for families and businesses.

Partner and head of Commercial Property in Cambridge, Sarah Coates, said: “Responsible business strategy is at the heart of Tees Law and in one of the most unequal cities in the UK, where there is still so much focus on the need for growth and development, it is essential that this remains the case. Tees Law is proud to be sponsoring this award and give others a platform to showcase their efforts to ensure “good growth” in the city.”

New for 2024, the award for Responsible Employer of the Year is being sponsored by Tees and organisers asked to hear from a company/consultant/project team that can demonstrate how successful it has been in delivering a responsible business strategy. Measurables were to include how businesses incorporated innovation, adoption of social responsibility, engagement in the local community, approach to the environment and governance or feedback from clients or a supply chain on the approach taken to do responsible business.

Excitingly, the shortlisted teams and individuals have now been announced following submissions from leading professionals.

(Responsible) Employer of the Year (sponsored by Tees)

Gen Two Real Estate
KMC Transport Planning
Lanpro Services
RG Carter
Saunders Boston Architects

The Eastern Echo Awards is targeted at projects, people, and places across the East of England and will be judged by a panel with extensive experience and knowledge. The panel covers a range of property sectors, including office, industrial, retail, life science, and residential.

The design of the awards itself is responsible, considering the need to reduce carbon footprint. The event’s location is deliberately near public transport, and digital ticketing is implemented to limit the use of paper.

Managing Director Matthew Battle at the UK Property Forums, who is organising this event, said: “The quality and range of projects submitted this year have been truly impressive, and we have easily exceeded last year’s total of entrants. This has ensured that the judges had their work cut out.

“The competition is very strong. Entries have come from all corners of the East for the 12 awards which will be up for grabs at a black-tie awards night dinner on 26 June at Homerton College, Cambridge.

“One notable feature of this year’s submissions is the wide-ranging geographical locations many have come from, including Stevenage, Welwyn, Norwich, Peterborough and Cambridge.”

All shortlisted businesses and projects can be viewed online: https://ukpropertyforums.com/shortlist-unveiled-for-eastern-echo-awards/

The judges have been busy looking at submissions that cover the 12 months of 2023 and have organised site visits to assess progress. We look forward to attending Homerton College in Cambridge in June to see who is awarded on the night and network with fellow commercial property professionals.

Professional negligence time limits: The clock is ticking

Posted on 13 May 202420 March 2025 by Sarah O'Sullivan

If you have a professional negligence claim, it is crucially important that you are aware of the time limit or limitation period applicable to your claim. Once the limitation period expires, the negligent professional gains an absolute defence to the claim, and you cannot recover your losses.

Limitation periods exist because it is considered unfair for a defendant to remain exposed to potential claims in perpetuity. In addition, old, stale claims are far more difficult to run. The older the claim, the more likely it is that documents evidencing what happened will be lost or destroyed, and the memories of the people involved will fade. In the public interest, limitation periods have been applied to reduce the time period within which a claimant can advance a claim.

What are the limitation periods?

The various limitation periods are set out in the Limitation Act 1980. The main limitation periods relevant to professional negligence claims are:

Breach of contract: six years from the date the contract was breached. If you enter a contract with a professional, you have six years from the date the professional breached the contract before your claim is out of time.
Negligence: the primary limitation period is six years from the date you suffered a loss because of the negligent act or omission. There is also a secondary limitation period, which, in rough terms, runs for three years from the date that you became aware (or should have become aware) of the facts of your claim, subject to a long of 15 years from the date that the loss was suffered.
Fraud and deliberate concealment: six years from the date you discovered the fraudulent act or that something was deliberately hidden from you.
Breach of trust: six years from the date of the breach.

Can I protect a limitation period?

It is possible to protect a limitation period. If you issue proceedings (i.e., your claim to sue a professional in the Court) before the limitation period expires, it will be protected.

Once the claim is issued, you have four months to serve the Claim Form and Particulars of Claim on the professional. You can use this period to investigate your claim further and prepare the Particulars of Claim. If you need more time, you can try to agree on an extension of time for service or ask the Court to stay the proceedings.

However, be warned. The cost of issuing can be high, and you will likely incur extra legal costs in progressing the claim according to the Court’s timetable.

In addition, you will face a cost risk if you decide to discontinue the claim, if the Court has cause to criticise your conduct or, at worst, if your claim is unsuccessful.

Instead of issuing the claim, you can seek to enter a Standstill Agreement with your opponent before the limitation period expires. This contractual agreement states that you both agree to suspend the limitation period applicable to the claim for a certain period. The Standstill Agreement can be extended whenever necessary.

It may seem daunting to persuade your opponent to agree on a Standstill Agreement, but defendants are often open to doing so if they think there is a risk that you will issue proceedings. A Standstill Agreement allows both parties to avoid the costs and risks of issuing a claim and gives both time to resolve the claim themselves.

Bear in mind that a Standstill Agreement is unlikely to protect limitation periods that expired before the Agreement was signed. For example, if you seek to protect secondary limitation, but it is later established that you knew or should have known about the claim earlier, then there is a risk that the Standstill Agreement will not protect your claim.

What should I do if I realise a limitation period is expiring soon?

If you become aware that the applicable limitation period for your claim will expire soon, it is strongly recommended that you seek advice from a specialist professional negligence lawyer.

There are two main reasons for this:

Firstly, calculating limitation periods can be more complicated than it appears at first sight, particularly when it comes to establishing secondary limitation periods. Remember, the secondary limitation period may run from the point that you should have become aware of the facts of your claim, not necessarily when you became aware. You may need expert advice to be sure when the limitation period began running.

Secondly, when you instruct a professional negligence lawyer to protect limitation, you pass responsibility for monitoring the limitation date and taking steps to protect it to your lawyer. The burden of making sure the date is protected is off your shoulders.

If you think you may have a claim against a professional who has acted for you and would like advice from a specialist professional negligence solicitor, don’t hesitate to contact Alice Evelegh-Taylor at Tees at alice.evelegh-taylor@teeslaw.com to discuss your claim.

Low-income trusts and estates

Posted on 10 May 202420 March 2025 by Sophie Soraf

The Spring Budget 2023 laid out several changes to income taxation for low-income trusts and estates. Read on to learn how this may affect you.

Overview of changes

Low-income trusts and estates are those in which income is treated as exempt if it is below the low-income threshold.

The Spring Budget 2023 proposed several changes to the taxation of income for low-income trusts and estates. These changes were enacted by Finance Act (No.2) 2023 and came into effect from 6 April 2024 onwards. The changes impact trusts and estates and have knock-on effects on their beneficiaries.

The intention of these changes was to simplify tax reporting obligations for personal representatives and trustees of low-income trusts and estates going forward .

Impact of Changes to Low-Income Trusts

In the tax years leading up to and including the year ending 5 April 2024, trusts were treated as low-income trusts for a tax year if their savings income was less than £500. If the trust had any non-savings or dividend income, then it would not be a low-income trust.

Starting from 6 April 2024, a trust is treated as low-income in a tax year if its total net income is less than £500. This is an all-or-nothing treatment; therefore, if the net income is above £500, then all the net income is charged to income tax.

Starting from 6 April 2024, an estate is treated as low income for a tax year if the total net income in the year is less than £500. This is an all-or-nothing treatment; therefore, if the net income is above £500, then all of the net income is charged to income tax in that year.

A restriction to the £500 low-income threshold applies for trusts subject to the trust income tax rates, which are currently 45% for savings and non-savings income and 39.35% for dividend income.

The restriction is calculated by dividing the £500 threshold by the number of trusts created by the same settlor, which are:

subject to trust income tax rates, and
that still exist in the tax year, and
have any income in the tax year.

The maximum restriction is £100 per trust.

Trustees will need to assess each year if their trust is a low-income trust. If it is, they will not need to submit a tax return for that year, assuming there is no other reason to do so. There may be years where the trust does not qualify as a low-income trust, in which case the trustees would need to submit a tax return for the year.

Trusts subject to the trust income tax rates have tax pools to record income tax paid by the trustees. When payments are made to beneficiaries, 45% tax credits are attached, reducing the amount of the tax pool.

Trustees of low-income trusts will therefore need to pay tax on distributions of ‘low’ income to make up the tax credits being taken out of the tax pool.

In addition to the changes above, the basic rate and dividend ordinary rate of tax that applied to the first £1,000 of income for trusts subject to the trust income tax rates has been removed. These changes also came into effect from 6 April 2024 onwards.

Beneficiaries of low-income trusts

Beneficiaries of low-income trusts subject to the trust income tax rates will continue to benefit from the 45% income tax credits as they did before.

Beneficiaries of other low-income trusts, such as interest in possession trusts or settlor-interested trusts, will still be liable to income tax on their entitlements to income or receipts of income distributions. In these cases, if the trust is a low-income trust for a given year, the beneficiary will need to report the gross income, since no tax will have been paid by the trust.

Impact of Changes to Low-Income Estates

In the tax years leading up to and including the year ending 5 April 2024, estates were treated as low-income estates if savings income for the whole period of administration was less than £500, and there was no other type of income. If the estate had any non-savings or dividend income, then it would not be a low-income estate.

For estates in administration before and after the changes, the old rules will apply until 5 April 2024, and the new rules will apply starting from 6 April 2024.

Personal representatives of estates can informally report estate income to HMRC by letter instead of submitting tax returns in certain circumstances. In such circumstances, if the estate is a low income estate for a tax year, the personal representatives would not need to report the income for that year to HMRC.

Beneficiaries of low-income trusts

Previously, beneficiaries would need to report any gross income received from low-income estates where tax was not paid by the estate.

From 6 April 2024, estate income treated as exempt for a given year will now be exempt in the hands of beneficiaries when the income is distributed to them.

Commercial property market review April 2024

Posted on 8 May 202424 April 2025 by Sarah O'Sullivan

Commercial property market update

Latest research from Cluttons indicates that vacancy rates hit 4.1% at the end of 2023 – up from 3.8% in September.

This is partly due to e-commerce activity remaining strong and the demand for buildings to meet net zero standards. Vacancies are expected to keep increasing as supply continues to be released into the market.

Meanwhile, rental growth is easing across the UK; at the end of last year, the annual growth of asking rents in London was 3.5% – significantly less than the peak of 10% in Q2 of 2022. Experts hope this slowdown will cause the commercial property market in the capital to pick up. Industrial yields are more stable, rising above 4% in London and 6.9% in Manchester. Industrial equivalent yields have risen to 6.5% across the UK, which will likely bring in investors.

Retrofitting older buildings

With industry standards rising, investors and occupiers in the UK logistics market face pressure to retrofit older properties to keep up with the high quality of new builds. If older buildings are not improved, they risk being unusable in the coming years.

The report states that the ‘flight to quality of demand has, inevitably, started to weigh on the letting prospects of older, poorer-quality second-hand stock.’

With the government intent on decarbonising the economy, the focus on Energy Performance Certificates (EPC) and Minimum Energy Efficiency Standards (MEES) have risen to prominence across all sectors of the commercial property market.

By 2027, the minimum EPC rating for existing commercial properties will be C, a building rating below this will be considered unsaleable and unlettable. While a few years later, in 2033, standards are likely to tighten (currently under consultation), applying to any property with an EPC rating under B. The report summarises, ‘While landlords will be wary of the tightening standards, retrofitting provides an excellent opportunity to meet these standards and future-proof warehouse assets.’

Major London skyscraper now 95% let

The flagship London office scheme of AXA IM Alts – 22 Bishopsgate – is now 95% let.

AXA IM Alts, on behalf of multiple investors, owns the state-of-the-art building near Liverpool Street. A global software company, UiPath, and a London-based service provider have both signed 10-year leases totalling 35,495 sq. ft.

Completed in 2020, 22 Bishopsgate has not appeared to suffer from the shift to flexible working, as AXA IM Alts say they are heading towards full occupancy. The investment managers reported that ‘leasing momentum at the building has remained robust’ – in the past year, around 112,000 sq. ft. of space has been leased, and there is strong interest in the 70,000 sq. ft. that remains vacant.

Hilton enters luxury lifestyle market

Hilton has made their first move into the luxury lifestyle market by acquiring a majority controlling interest in Sydell Group, owner of NoMad hotels.

Hilton reportedly aims to develop up to 100 NoMad hotels internationally, with 10 sites already in advanced discussion stages with Sydell. Hilton will lead the development of NoMad hotels, while Sydell will remain responsible for branding, design and management.

As part of the deal, Hilton will take control of the NoMad’s flagship hotel in London, situated in London’s Bow Street Magistrates Court building.

Chris Silcock, President of global Brands and Commercial Services for Hilton, commented, “By pairing an already proven brand concept that’s ready for expansion with the power of Hilton’s commercial engine, we are accelerating our ability to drive growth in the luxury lifestyle segment.”

This acquisition is part of Hilton’s plans to expand globally; earlier this year, the firm partnered with Small Luxury Hotels of the World (SLH), an association that inspects and verifies a curated collection of boutique accommodations. Hilton said they expect to increase their portfolio of luxury properties to 600-700 over the next few years.

All details are correct at the time of writing (17 April 2024)

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.

Solar farm development

Posted on 7 May 202427 March 2025 by Sarah O'Sullivan

Tees provides legal support to a landowner

Solar farms have become popular for landowners to generate income from their land and are part of the growing renewable energy sector. However, the process of setting up a solar farm can be complex. This case study highlights the importance of seeking legal support when developing renewable energy infrastructure to ensure that all necessary legal and regulatory requirements are met and to mitigate the risk of any disputes arising during the term of the lease.

If you are considering starting a renewable energy project on your land or have been approached about renewable energy development, it’s vital that you seek expert legal advice to ensure you protect your interests.

Alex Waples, senior associate lawyer, and the Tees renewable energy team acted for a landowner who wanted to install a solar farm on their land. Tees undertook due diligence to identify potential issues with the proposed site, negotiated and completed the lease and any necessary easements, and provided ongoing advice throughout the term of the lease.

Due diligence

Alex and the renewable energy team undertook a detailed review of the title documents, as well as a detailed review of various searches commissioned against the proposed solar farm site.

The purpose of the review is to identify any potential issues. For example, a parcel of land may be burdened with a historic covenant preventing the building of a structure in, over, or under the parcel of land in question. Any such covenant could significantly affect the site’s efficacy, and various design changes may need to be made to accommodate it.

Option agreements and lease negotiation

Alongside due diligence, the early stages of a transaction involve negotiating and exchanging an option for the lease and for any required easements.

Alex provided legal assistance in drafting the option agreement that granted the solar farm company the right to lease the land to install solar panels. He and the renewable energy team also negotiated the lease terms on behalf of the landowner, reviewing and drafting the lease agreement to ensure that it complied with relevant laws and regulations and represented the client’s best interests.

Once the funding is secured and the site is satisfactorily viable, the options are triggered, and the transaction can proceed to installation. The lease must afford sufficient solar farm installation rights, including access to neighbouring land.

Completion of the lease and easements

With funding, Alex arranged for the options to be triggered and completed the lease and the necessary easements. With the lease and easements in place, the installation of the solar farm could start.

Ongoing advice

During the lease term, The Tees legal team was available to provide ongoing legal advice. Tees’ dispute and resolution team provided tailored advice on exercising the tenant’s rights. They can advise on triggering any option to renew the lease or, alternatively, deal with any transaction whereby the tenant wishes to dispose of their interest in the solar farm, that is, by way of assignment.

If any disputes arise during the lease term, the dispute resolution team will provide expert advice to achieve the most commercially practical outcome.

If you are considering or if you have been approached about renewable energy development, contact our expert legal specialist today.

Understanding retirement village purchases

Posted on 25 April 202426 March 2025 by Sarah O'Sullivan

Are you contemplating purchasing a property in a retirement village? It’s crucial to comprehend the distinct elements of this type of property acquisition. In this guide, we will delve into the key considerations, financial implications, and legal matters to consider when purchasing in a retirement village.

What to consider when purchasing in a retirement Village

When it comes to the purchase of a property in a retirement village, there are several crucial considerations to bear in mind. These factors can significantly influence your lifestyle and overall contentment with your new home. The most significant aspects to consider are:

Location and accessibility: The situation of the retirement village is vital. Consider the proximity to amenities such as shops, medical facilities, and public transport. You may also wish to ponder the distance to family and friends, as well as any desired recreational activities in the vicinity.

Facilities and amenities: Retirement villages often offer a variety of facilities and amenities to enhance your daily living. These may encompass communal areas, fitness centres, swimming pools, gardens, and more. Take the opportunity to evaluate the available amenities and ensure they align with your interests and lifestyle.

Community and social aspects: One of the main attractions of retirement villages is the sense of community they foster. Consider the social aspects offered, such as organised activities, clubs, and events. It’s crucial to find a retirement village where you can connect with like-minded individuals and cultivate meaningful relationships.

What are the financial implications of purchasing in a retirement village?

Having a comprehensive understanding of the financial aspects involved will enable you to make informed decisions and ensure you are adequately prepared.

The costs may vary depending on the location and facilities offered by the village but can include:

the purchase price of the property,
legal fees, stamp duty, search fees
Service charges cover the upkeep and management of the communal areas and facilities. (It is advisable to review the service charge breakdown and consider any potential increases in the future.)
additional charges for amenities such as parking

Consult with our specialist solicitors who understand retirement village acquisitions to understand these costs fully.

Resale value is also a significant consideration when purchasing in a retirement village. Understanding the factors that can influence the resale value of your property can assist you in making a wise investment. Factors such as location, amenities, and the reputation of the retirement village can all influence the resale value. It is advisable to seek expert advice from estate agents specialising in retirement properties to gain insight into the resale potential of the village you are considering.

What are the legal aspects of purchasing in a Retirement Village?

There are three key legal aspects that you should be aware of:

Lease restrictions: These restrictions can vary depending on the specific village and its management. Our legal team can review the lease agreement and ensure you are fully aware of any limitations or obligations.

Conveyancing costs: Conveyancing is the legal process of transferring ownership of a property from the seller to the buyer. It involves various fees, including – solicitors’ conveyancing fees and any disbursement (i.e. third-party payments such as stamp duty, searches, bank transfer fees, land registry fees, payment for service charges to the Management Company or ground rent, if lease involved and also notice fees).

Inheritance and succession planning: It’s crucial to have a well-drafted will in place to ensure your wishes regarding the inheritance of your property are carried out. Additionally, you may wish to consider establishing a trust or making arrangements for any potential care needs in the future.

Purchasing in a retirement village can offer a range of benefits, including a sense of community and convenient amenities. However, it’s crucial to carefully balance these advantages against potential drawbacks, such as financial commitments and lifestyle restrictions. Take your time to read and understand the legal documentation associated with the purchase. If you have any questions or concerns, don’t hesitate to ask for clarification.

Be proactive in your communication with the retirement village management and stay informed about any updates or changes that may impact your purchase.

Exploring alternative options is also recommended to ensure you make the best decision for your retirement years.

What are the alternatives?

Retirement villages are not the only choice for retirees. Some individuals may find the structured nature of retirement village living restrictive. It’s important to consider whether you prefer a more independent lifestyle or if you would thrive in a community environment with rules and regulations.

Other alternatives include:

downsizing to a smaller home,
moving in with family,
or exploring assisted living facilities.

Each option has its pros and cons, and it’s vital to consider what suits your personal preferences and needs.

At Tees, our expert team of legal and financial advisers can help support you to make the best decision for you and your family. Contact us today to discuss your retirement village property acquisition.

Medical negligence in mental health: Essex NHS Trust Inquiry

Posted on 23 April 202423 March 2025 by Sarah O'Sullivan

Mental health care in the UK has faced growing scrutiny in recent years, with numerous cases of medical negligence exposing systemic failings. One of the most concerning examples is the Essex Partnership University NHS Trust (EPUT), where the deaths of hundreds of mental health patients have led to the establishment of the Lampard Inquiry.

This article explores the circumstances that led to the inquiry, the objectives of the investigation, and how Tees Law can provide expert legal support for those seeking justice.

The crisis in UK mental health care

The NHS is renowned globally for its healthcare services, but mental healthcare has been severely under-resourced. Inadequate staffing, poor patient management, and insufficient oversight have led to numerous preventable deaths. At EPUT alone, the Lampard Inquiry will investigate up to 2,000 patient deaths between 2000 and December 31, 2023.

Essex partnership university NHS trust: A history of failings

EPUT has faced criticism for its substandard mental health care, with repeated reports of negligence and avoidable fatalities. Families of deceased patients have long demanded accountability. In 2021, the Trust was fined £1.5 million for failing to prevent suicides, yet concerns about patient safety persist.

Health and Social Care Secretary Victoria Atkins emphasized the importance of learning from these failures, stating, “We will ensure lessons are learned.”

The Lampard inquiry: Objectives and scope

The Lampard Inquiry, led by Baroness Kate Lampard CBE, aims to provide an independent investigation into mental health inpatient deaths. It will also examine the care provided by the North East London NHS Foundation Trust in Essex. Key areas of focus include:

Serious failings: Investigating instances of unsafe or inadequate inpatient treatment and care, including cases where harm short of death occurred.
Patient engagement: Evaluating how patients were involved in decisions about their care.
Family involvement: Assessing the extent to which families, carers, and support networks were included in care discussions.
Staff actions and behaviour: Scrutinising the conduct of permanent, temporary, and agency staff involved in patient care.
Trust culture and governance: Examining the governance structures, internal investigations, and cultural environment at EPUT.
Public body interaction: Analysing how the Trust interacted with external bodies such as regulators, coroners, and commissioners.

The human impact: Sandra Woods’ story

Tees Law has represented many families affected by medical negligence, including Sandra Woods, whose husband Mick died as a result of EPUT’s failures. Sandra shared her experience:

“My husband died because of the serious failings of EPUT. The Coroner concluded that Mick’s care amounted to neglect. My grieving family is one of thousands who have suffered unnecessarily. Even after the Trust’s £1.5 million fine, it seems lessons remain unlearned. I hope the Lampard Inquiry will finally bring an end to these failures.”

How Tees Law can help

If you or a loved one has experienced medical negligence in mental health care, Tees Law offers dedicated legal support. Our experienced solicitors can assist you with:

Case evaluation: We provide clear advice on whether you have grounds for a medical negligence claim.
Claim investigation: Our team thoroughly investigates your case, gathers evidence, and builds a strong legal argument.
Legal representation: We advocate on your behalf at inquests, inquiries, and court proceedings.
Compassionate support: Our solicitors provide empathetic guidance throughout the legal process.

Seeking justice with Tees Law

Medical negligence in mental health care demands accountability. The Lampard Inquiry is a vital step toward identifying systemic issues and preventing future tragedies. At Tees Law, we are committed to helping families seek justice and ensure their voices are heard.

Contact us

If you believe you have a medical negligence claim, contact Tees Law today. Our specialist solicitors are here to listen, support, and provide the expert legal assistance you need.

When should Non-Disclosure Agreements be used?

Posted on 20 April 202422 March 2025 by Sarah O'Sullivan

A Non-Disclosure Agreement (NDA) is a legal contract used to prevent people from discussing confidential information. In employment law they are often parts of a contract, or sometimes a standalone contract between employees and their employer.

Typically NDAs prevent employees and former employees from making information public, they can sometimes be referred to as ‘gagging orders’ or ‘confidentiality agreements’ or may be included within a settlement agreement when leaving employment.

Why use a Non-Disclosure Agreement?

NDAs have a valid use to protect commercially sensitive information such as inventions, ideas or anything that may damage a company’s reputation. They may be signed for instance by parties contemplating the sale and purchase of a business.

The Women and Equalities Select Committee (WESC) has recently published a report addressing the issues and is specifically concerned by the use of gagging clauses to settle discrimination and harassment claims, arguing that it means that these cases are not being properly investigated and that they cause an imbalance of power between employer and employee to the detriment of the employee.

What does a Non-Disclosure Agreement cover?

NDAs cannot stop an employee’s reported alleged illegal acts. If a manager or colleague faced allegations of or fraud, for instance, reporting these to the police would not be prevented.

Allegations of an employer making inappropriate comments, or bullying could be covered. However bullying may be illegal if it relates to certain protected characteristics such as race, religion, age, disability or sexual orientation.

The length of time for which an NDA applies will vary for each agreement.

Call our specialist solicitors on 0808 231 1320

Are Non-Disclosure Agreements legally binding?

The contracts are legally binding so that if you are a victim and you sign one, receiving a financial pay-out, you are prevented from talking to anyone about the allegations.

Can a Non-Disclosure Agreement be broken?

If you breach a valid, legally compliant NDA, then it is classed as breaching a contract, leaving you liable to legal action.

If a company thinks it is likely the NDA is going to be breached, then they can apply for an injunction. If you then breach an injunction, this is a criminal offence, and can lead to a fine or jail for those found guilty.

What if an employer wants to settle a discrimination case?

It is common to settle disputes, including for discrimination by settlement agreements. These can include confidentiality provisions but must not prevent whistleblowing or reports on criminal offences.

Do whistleblowers have legal protection?

NDAs cannot be used to prevent workers from whistleblowing. Any clause aiming to prevent you from making a valid public interest disclosure will be void.

References

These can be included in the settlement agreement and will not be contrary to an NDA or confidentiality terms.

Enforceability

Confidentiality and non-derogatory comments provisions can form valid, important parts of the deal for all parties in a transaction or settlement but must be drafted with care and in measured terms that are legally enforceable and compliant. We can assist you in advising and drafting on these.

At Tees we have a team of employment law specialists who can help you with any of the issues discussed here and provide support whether you choose to sign an NDA or contest it.

Nesting: What is it and does it benefit children?

Posted on 28 March 202422 March 2025 by Sarah O'Sullivan

You may have come across the term ‘nesting’ or ‘birdnesting’ in the context of post-separation parenting and divorce. In this piece, we look at nesting, its benefits and disadvantages.

Nesting defined

Nesting is a co-parenting arrangement where the children remain in the family home and the mum and dad alternate living there.

In some cases, parents will jointly secure (whether by renting or buying) a second (usually smaller) property where each parent will stay while the other parent is staying with the children. In other cases, each parent has separate alternative accommodation, possibly with family members or friends, if resources do not allow them to rent or buy.

Nesting aims to provide consistency and reduce upheaval for children during their parents’ separation. By keeping the children in a familiar environment, nesting helps preserve a sense of routine and security.

What are the benefits of nesting?

Nesting enables the children to maintain a single, familiar home environment, rather than having to move between two different houses. Particularly in the early stages of parents’ separation, staying in the same home can alleviate any anxiety and aid in adjusting to the changes in their family dynamic.

Maintaining two-family homes following separation can be financially challenging, as it often involves duplicating expenses such as rent or mortgage payments, utilities, and household supplies. Nesting can ensure that children spend time with each parent in a home that is appropriate for their needs.

Where there are limited resources, nesting can be used as an interim solution until a family home is sold and the proceeds divided, when both parents can purchase or rent their own homes.

Practical arrangements can also be easier for children in a nesting arrangement – there is no need for two sets of clothes, furniture and toys, for example.

What are the disadvantages of Nesting?

Despite its several benefits, nesting is not appropriate or beneficial for all families in all circumstances. Nesting requires parents to maintain open communication, cooperation, and a willingness to set personal differences aside for the sake of creating a single harmonious home environment for the children. It also requires mutual respect for the other’s personal space and privacy in the shared home.

Depending on the circumstances of the relationship breakdown, it might be too difficult or painful for parents to continue to share a home, even if they are not staying there at the same time, and any unhappiness or conflict that occurs, as a result, could impact the children.

Even parents with a good co-parenting relationship might find that sharing responsibility for a home after separation can be difficult to coordinate, and petty annoyances over, for example, who stocks the fridge and cleans the bathroom, can create friction.

In communicating with their children about a nesting arrangement, parents need to protect against the risk of confusion or mixed messages about their parent’s relationship. Seeing their parents alternating living in the family home might create false hope for reconciliation or contribute to a sense of uncertainty.

While nesting might work well in the short term arrangement, it is usually not appropriate in a longer term living arrangement where children may benefit from making a home with each parent separately.

While it offers stability and continuity, it may also introduce confusion and require careful management from the parents. Tees family solicitors can help provide guidance on the legal aspects of nesting and help ensure the children’s best interests are prioritised throughout the process.