Lodders Life Issue 8

Editor: Hilary Campton hilary.campton@lodders.co.uk

Enquiries: Angela Howard angela.howard@lodders.co.uk

Editorial: Diane Wood, V Formation Angela Howard, Lodders Solicitors

William Elson, Lodders Solicitors

Photography: David Warren, www.pictureteam.co.uk

Lodders Life is produced for Lodders by: Reach Marketing, www.reachmarketing.co.uk

This is our eighth issue of Lodders Life and it’s a bumper one, with some fascinating stories from within our client base, and some bitesize (and plain English!) insights from our specialist legal teams.

I’m also delighted that we can share details of our collaboration with the Professional Cricketers’ Association. We’ve been working with the PCA for 18 months now, providing support for their ‘Futures’ initiative. It’s been an insightful and inspirational journey – you can read more about this on pages 12 and 13.

Previous readers may notice that the magazine has had a little facelift following our successful rebrand earlier this year. The rebrand is part of our strategic focus on a consistent flight to quality and excellence - from client service through to our communications, and from our people strategies through to our governance.

As I write this, many of us will be heading off on holiday, or perhaps just home and enjoying the glow of a first overseas trip for a couple of years.

Whilst I have been incredibly proud of how the Lodders team adapted to the challenges of the past two years, I am equally glad to see life returning to what feels closer to normality. Now we just have the political and economic situations to ponder!

Wishing you all the very best - and I do hope you enjoy the read. Paul Mourton, managing partner

Lodders Solicitors LLP - our offices:

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T: 01789 293259 Birmingham 14 St Paul’s Square Birmingham B3 1RB T: 0121 200 0890

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Henley in Arden 16 High Street Henley in Arden Warwickshire B95 5BW T: 01564 792261 www.lodders.co.uk

It gives me great pleasure to introduce the latest issue of Lodders Life, our magazine for clients and friends of the firm.

features regulars

04 Industrial revolution

Sector specialists and businesses discuss the impact of changing consumer shopping habits and advances in data and digitisation is having on industrial property

08 Farming's future Sun-powered renewables at Littlebrook Farm

10 Docspert

How health tech is enabling patient accesss

12 Bright futures

How Lodders is helping professional cricketers to plan for a career beyond the boundaries

14 Avoiding boundary disputes

Talk to neighbours about building works well before starting improvement work

14 Corporate team deals round-up

16 The end of an era Lodders bids au revoir to Martin Green after 36 years

20 People news

22 Spotlight on… Sarah Naffine, Heidi Brennan and Amanda Peachey

24 Legal updates including listed buildings, renewable energy, and digital legacies

32 Lodders Charitable Foundation

34 Local support

35 Property events round-up

Industrial revolution

Consumer shopping habits have evolved, driven by advances in data and digitisation, and the surge in online shopping during the pandemic. We speak to the CEO of SEGRO about the effect on the industrial property sector, and hear from Kite Packaging on how shared ownership has been the bedrock of its sustained expansion.

Ugly duckling to swan SEGRO plc is a UK Real Estate Investment Trust (REIT), listed on the London Stock Exchange and Euronext Paris, and a leading pan-European developer, manager and owner of warehouses and industrial property.

It owns or manages 9.7 million square metres of space (104 million square feet) valued at £23.8 billion, serving customers from a wide range of industry sectors. Its properties are located in and around major cities and at key transportation hubs in the UK and in seven other European countries.

Sector specialists and businesses discuss the impact that changing consumer shopping habits and advances in data and digitisation are having on industrial property.

SEGRO has been creating the space that enables extraordinary things to happen for over 100 years - from modern big box warehouses, used primarily for regional, national and international distribution hubs, to urban warehousing located close to major population centres and business districts, it develops high-quality, sustainable assets that allow its customers businesses to thrive.

As the CEO of a business at the forefront of the industrial property sector, we asked David Sleath, OBE, about how the sector has performed:

“More capital was invested into European industrial property than into offices for the first time in 2021, marking quite a change for the asset class which one might describe as the ‘ugly duckling turned swan’,” he said. “European investment in the sector has surged since 2019, up by over 130%, with investors keen to gain exposure to the capital value and rental growth that has arisen from increased levels of demand for warehouse space and a limited amount of supply, particularly in urban markets where SEGRO has a heavy weighting.

"Demand for warehousing, both ‘big box’ warehouses (typically 250,000 sq ft) and ‘last touch’ urban warehouses (smaller units of up to 100,000 sq ft), has been fueled by the emergence of new users of industrial space alongside increased demand from retailers taking additional space so that they can respond to higher levels of e-commerce across Europe.

“This occupier market strength has continued into 2022 with preliminary data (from Savills) showing the first six months of the year had the strongest H1 take-up on record despite the current, more uncertain macroeconomic environment.

“Industrial as an asset class has changed significantly since we last faced a similar market backdrop. Modern, generic warehouses like ours are being used for a huge variety of purposes, particularly urban warehouses which are used to provide often essential goods and services to towns and cities".

Vacancy is at historic low levels and with take-up continuing to be supported by long-term structural drivers – digitalisation, urbanisation, increased occupier focus on supply chain resilience and sustainability – the prospects for further rental growth look good.

For SEGRO, with its prime portfolio of modern, sustainable warehouses in key locations, the outlook remains positive.”

Amazon

On Amazon’s comments that it has taken too much space, David says: “The pandemic created exceptional circumstances which resulted in retailers having to rapidly scale-up their distribution capabilities to cater to the need for goods to be delivered to our homes. It is only natural that with life back to normal the growth of e-commerce penetration has slowed, but it is still much higher than prepandemic levels, and most European markets are expected to exceed 20% of sales online by 2026 (from CBRE).

“This means there is a significant opportunity for retailers in Europeboth online retailers and also traditional retailers who chose to adopt an omni-channel delivery model to retain their market share. Distribution networks are currently not setup to be able to respond to this and will need to be reconfigured, requiring more warehouse space and likely also investment in automation to make fulfilling orders (and handling returns) more efficient.

Just as Amazon isn’t the only e-commerce provider, e-commerce isn’t the only source of demand of our space in setup. The European take-up data speaks for itself with the record levels of take up so far this year and e-commerce being a much smaller proportion of that take-up than over the past two years. We are seeing demand from a very broad range of businesses and industries and the increased focus on supply chain resilience and sustainability is also contributing to the strong occupier demand for warehouse space.

Viewpoint

demand, and limited availability and supply, and this has been reflected in escalating land and deal prices and lower yields in the sector.

Environmental influence

Being a force for societal and environmental good is integral to SEGRO’s purpose and strategy, and the commercial property sector has its part to play in helping to combat climate change:

“The world is facing a climate crisis and businesses need to work alongside governments and consumers to help find a solution,” comments David. “Real Estate contributes a significant amount to global carbon emissions, so as developers, owners and managers of industrial space, we are committed to building our warehouses in a way that reduces their carbon footprint and also helps our customers to operate them more efficiently (for example adding SMART technology and features such as solar panels).

“We are also focusing on biodiversity within our estates, planting indigenous flora and fauna, adding beehives, insect homes etc, helping us to create spaces that support worker wellbeing, and also have a positive influence on the local community. Industrial estates really have undergone a revolution!”

“The sector has been susceptible to the same market volatility and head winds as other sectors, particularly in terms of supply of materials and labour.

“The future is all about resilience and innovation.

“There have been plenty of cash-rich and hungry buyers seeking opportunities to grow rents and values in the industrial sector, as well as owner occupiers looking for space. Arguably, interest and demand has never been greater with global capital competing with UK funds for limited available stock.

“In particular, modern distribution warehouses have become highly prized by investors because of strong tenant

“Hybrid working is here to stay, and post pandemic office space needs to evolve. The focus now is on flexible, agile, high tech and high quality working areas that complement home working. Floor space take up and transactions are all rising for Grade A stock, with particularly rapid growth and investment in the tech, media and telecoms sectors. Occupancy levels are now up 25% on 2021 levels.

“Retail continues with its evolutionary change from traditional bricks to clicks. 83% of UK department stores have closed in the last five years, with a net decline in retail outlet closures generally in double figures. Physical stores are having to adapt and change at an exponential rate to the online competitors.

“People have been stuck indoors long enough, and still very much want to go out and shop, but now, more than ever, it is about the quality of the experience for the customer.

“It will be shopping, but not as we previously knew it; now it is all about space as a service, and the pandemic has super-charged the need for change. The flexibility afforded by out-of-town retail may be well suited to this changing world, alongside increasing interest and activity in the shopping centre.”

Mark Miller

E: mark.miller@lodders.co.uk

T: 01789 206153

Head of Lodders’ Real Estate Group Mark Miller, says market volatility means the industrial sector is unlikely to escape economic unpredictability.

Out-of-the-box

Kite Packaging was founded in 2001 with a unique vision: to be the premier packaging supplier in the UK with a philosophy of employee ownership, and the belief that ‘customer satisfaction matters so much more when you own the business’.

Since then, Kite has grown quickly, and today is one of the UK’s largest distributors of bespoke and standard packaging solutions. Last year, Kite turned over £141 million.

Its seven regional distribution centers – in Coventry in the Midlands, as well as in Portsmouth, Swindon, Sittingbourne, Letchworth, Rotherham and Gateshead - is each fully integrated into its national and international supply chain.

Kite has thousands of customers, from individuals placing a one-off order, to businesses buying large quantities of added value, engineered packaging solutions.

E-commerce

Kite caters to its small and medium sized business customers by supplying stock product and packaging equipment via its ecommerce website, which focuses on a fully stocked range of standard packing products available on next day delivery.

Shared ownership

The company’s Managing Partner Gavin Ashe says that alongside its flexible solutions, excellent customer service, and vast quality product range, much of Kite’s success lies in its employee shared-ownership structure, which means each of its current 400 staff share in the benefits that come from Kite’s great service:

“Kite’s unique strength and the ability to grow comes from its founding principle of being powered by employee share-ownership,” he says.

“Everyone who works at Kite is actively encouraged to become a shareholder in the business, and this has allowed us to let a great many people partake in the wealth creation process throughout the last 21 years.

“Kite’s vision is to do a great job for customers, a great job for suppliers, and a great job for our employee partners. It’s as simple as that. If we do these three things well, we will continue to grow.”

Puma Park

Earlier this year (2022), Kite moved its Coventry operation to a new site at Puma Park, which has been the location of its Midlands hub for the last 21 years.

“This is not a new location for Kite, it is where we have been based since day one. Around 200 people will work at the new site where we continue to provide packaging distribution,” Gavin explains.

Gavin Ashe, Managing Partner Kite Packaging

“We simply needed more space for our people and our clients. The expansion into Puma Park gives us this, with around 400,000 square feet in Coventry.”

Time critical

Lodders’ Mark Miller and Donna Bates provided legal advice to Kite on the lease for the new warehouses.

“The transaction was time critical for Kite because of its pressing need for additional premises, together with the lead times for ordering plant and machinery,” says Donna.

“An agreement for a 15-year lease on each of the total three units Kite needed was entered into during the final construction phase in December 2020. The leases were completed in February 2022 after practical completion of the construction.”

Packaging

farming's

At the 800-acre Littlebrook Farm at Ansley in rural Warwickshire, the Barrs family is starting a new journey into renewables that will power the next diversification project, and a whole new type of farming.

Starting life as a small dairy farm, Littlebrook underwent its first diversification in the 1980s. Faced by one of UK farming’s toughest periods, the family knew they had to either invest in more dairy, or diversify.

The family chose to expand operations to become a mixed-use farm. More livestock were introduced, together with vegetables and cereals, including potato, oilseed rape, barley and wheat.

Four decades later, more diversification is underway - the local council has approved the family’s planning application for the creation of a 60-acre solar farm with battery storage, and a solar-powered vertical farm.

A solar project to power a vertical farm is the latest diversification scheme for family-run Littlebrook Farm in Warwickshire.

Dominic, David and Richard Barrs

Cathie Barrs explains: “We’re really interested in renewables, science and nature, the science and technology behind solar power, and how it can support the agriculture side of our business.

“The journey began in 2019 with some research into the renewables and solar markets. We also analysed the farmland and identified an ideal plot for solar panels that is low grade agricultural ground and so not the best ground for growing cereals, but which is in the ideal position and direction for solar panels.”

Cathie, her husband David - who is the second generation to run Littlebrook Farm - and their son Richard, designed the scheme for the solar farm and battery storage on the site, which is on a piece of their land near to Corley Services on the M6.

“The aim is for this to support the agricultural side of the business and the planned vertical farm scheme. We can also sell the energy to nearby Corley Services and the National Grid.

“The project design begun just before Covid struck and lockdowns began,” Cathie says. “It then took two-and-a-half years for the planning application process, but we finally received planning permission for the whole scheme. It’s been pretty stressful and testing, but we’re delighted we can now move things forward.

Sunshine on a rainy day

“We want to do what we can as a family to support the environment, lower our carbon footprint, and embrace the amazing technology of and benefits from renewable energy. Not only is this an exciting prospect and project, but renewable energy also makes financial sense with the steep hike in the cost of electricity.

“We aim to use UK-manufactured recyclable solar panels, which have a lifespan of up to 40 years, when they can be recycled.”

Beyond farming

The Barrs family’s diversification is not restricted to Littlebrook Farm.

David and Cathie’s sons Richard and Dominic work with their father at the farm. Dominic also runs his own farming contractor business, and Richard an electrical and building business.

When first married, Cathie worked with David at the farm, but driven by her love of science, she undertook an Open University Science u/c Degree, and then a Dentistry Degree at the University of Birmingham.

Today Cathie is a full time dentist, and owns four dental practices in Warwickshire and Leicestershire, with around 70 staff. Daughter Anna joined the practice as a partner after completing a law degree, taking care of the commercial side of the business.

Cathie is also Chair of the regional farming event The Filongley Show, and as part of her interest in environmental issues, is an active member of a team reintroducing trees and hedges to local village Ansley.

Next steps

Lodders’ John Rouse has supported Cathie and her family with estate planning, trusts and wills. He comments: “The whole family is driven and ambitious, successfully combining being part of a thriving farming enterprise with their own, separate businesses that are all quite different.

“They are passionate about protecting the environment and using renewable technology to achieve this, as well as great advocates of successful farm diversification, and how, with careful research, planning, and tenacity, renewables can be the foundation for future farming practices.”

Joining the renewables revolution?

Cathie and David want to share what they’ve learnt so far about renewables with other farmers: “We really want to support other farmers and rural businesses thinking about renewables,” Cathie says, “so it would be great to share what we have learned so far about the process to help with this including identifying the ideal site for solar panels.”

Littlebrook Farm

E: sandabarrs@hotmail.co.uk

John Rouse

E: john.rouse@lodders.co.uk

T: 01789 206167

Cathie Barrs with daughter Anna

Revolutionising access to global healthcare experts

Technology company Docspert is pioneering a new approach to the diagnosis and treatment of complex and serious medical conditions by giving patients access to the world’s top medical experts.

Docspert’s founder Professor Hisham

Mehanna is a worldrenowned ear, nose, throat, head and neck surgeon, with an international reputation in the management and research of head and neck and thyroid cancer.

He explains: “It is common for patients given a diagnosis of a serious medical condition to seek a second medical opinion. As such, I was seeing many people, often travelling from around the world, who were desperate to have their diagnosis and treatment checked.

“In an alarming number of cases, I found the original diagnosis to be incorrect, or that their treatment could be improved. Around half of patients recommended surgery didn’t in fact need it.

“To solve this sub-optimal standard of global healthcare, and to put an end to sick people's time and effort to find and visit the correct health expert for an accurate diagnosis, I wanted to develop something that would correct this imbalance.”

While holidaying in San Francisco with his IT-expert brother in the summer of 2018, Hisham was inspired by the work being done in Silicon Valley, and began to explore how the power of technology could be used to democratise patient access to the world’s best healthcare professionals and experts.

“The original idea was for an online healthcare platform providing second medical opinions from global healthcare experts in the UK, US and Europe, and would remove the need for patients to travel to get a second opinion from the best medics wherever they are in the world."

With the concept formed, Hisham developed Docspert with two colleagues Ahmed Elkamin and Mohamed Hatan, both doctors working in Egypt.

Docspert went live in January 2020. “From patient's initial enquiry, Docspert matches the patient with the correct medical expert based on the nature of the condition or disease. Our team obtain a full medical and case history and prepare a case file. Patients choose either a virtual consultation or meeting via video call, to discuss our experts’ opinion, diagnosis, and treatment.”

During a nine-month pilot, hundreds of people in the Middle East, Egypt, the US, Malaysia, Thailand and the UK, came to Docspert.

As demand for services soared, the Docspert team planned its formal launch, and investment to support the next stage in development.

Docspert secured early-stage funding from a team of Angel Investors, among them Richard Haywood, a former managing partner in a law firm, who nowadays takes a non-executive role in private equity backed businesses in the technology and professional services sector.

Richard explains: “Docspert’s tech-based concept and operation is groundbreaking and has already saved hundreds of people from unnecessary surgery and procedures, where more up to date treatments have come along.”

18 months on from its formal launch, Docspert has completed two rounds of Private Equity investment.

It provides access to 160 of the world’s leading healthcare professionals in around 40 medical specialists including oncology, neurology, immunology, rheumatology, paediatrics, orthopaedics and spinal surgery.

Saving time and futures

“The statistics speak from themselves,” says Hisham. “Of the last 300 patients, 21% have come to Docspert with no or a wrong diagnosis. As a result of Docspert’s expert correcting or identifying the diagnosis, 78% of patients have received changed or improved treatment, and 41% of patients have not had to have the incorrectly recommended surgery.

“This is why we are so committed to expanding the business, to make this life-changing service and support available to as many people as possible.

“Among Docspert’s life-changing and life-saving results, is one case that sticks in my mind,” says Hisham. “The mother of a 15-year-old girl diagnosed with ovarian cancer contacted Docspert, desperate to find out if there was an alternative to the recommendation from three surgeons that her daughter should have surgery to remove both ovaries and the womb – a procedure that was scheduled to happen three days later, and which would leave her unable to have children.

“Docspert requested the girl’s medical records, and subsequently put the family in touch with one of the world’s leading ovarian cancer surgeons, who reviewed the information, and told the family that the recommended surgery was not necessary at all. He recommended treatment to remove only the affected ovary, followed by chemotherapy. With the advice just one hour before the surgery was to take place, the girl’s parents instructed the surgeons to carry out the revised surgical treatment. The surgery and treatment were a success, the young girl is now well, and living her life normally.”

Bedrock

“Consultation, a comprehensive appreciation of the patient’s medical history and diagnostics, are the bedrock of the Docspert service,” Hisham adds. “It enables our team to match the right expert to help patients get the right diagnosis and treatment. We will continue to build on this as Docspert evolves and grows.”

Innovative advice

Corporate lawyers Graham Spalding and Leanne Lawrence have worked alongside Hisham, Richard and the team of investors throughout Docspert’s journey.

“As well as using technology to innovate the diagnosis and treatment of serious medical conditions from top medical experts, Docspert puts patients at its heart, saving and improving the lives of hundreds of people across the world,” says Graham.

“It is a pleasure to play a part in helping Docspert to provide their services which clearly deliver a very real social benefit and transform many people’s lives,” adds Leanne.

Richard adds: “I know what good legal service and advice looks like, and Lodders delivers, with excellent advice, and sound commercial experience, always providing innovative solutions, whatever the challenge.”

W: docspert.com E: ask@docspert.com @docspert

Bright futures

How Lodders is helping professional cricketers to plan for a career beyond the boundaries.

Lodders has been a commercial partner of the Professional Cricketers’ Association (PCA) since early 2020, but was keen to explore a partnership that went beyond event hospitality, and supported the PCA’s impressive work in providing support to both current and past players.

So, when we were presented with the opportunity in early 2021 to sponsor and support the PCA’s Futures Awards, we jumped at the chance.

Advice and support

The PCA is the representative body of past and present male and female professional cricketers in England and Wales. Its two main priorities are to offer clear and comprehensive contractual advice, and to deliver an industryleading Personal Development and Welfare Programme to its current 3,500 members.

On top of providing services including mental health support, one of the primary aims of the welfare programme is to help players to better prepare for life after cricket, since the average career in the professional game comes to an end at the age of just 26.

The Futures Awards are part of this welfare programme – and Lodders is the first organisation to get involved with the awards as a sponsor.

Application process

Following a detailed online application process, six current and former cricketers were shortlisted for the Futures Awards, and invited to deliver a 15-minute presentation at Lodders offices in Cheltenham.

Lodders’ managing partner, Paul Mourton and corporate partner, Graham Spalding sat on the judging panel alongside the PCA’s Charlie Mulraine and Lynsey Williams.

Six players presented their personal development plans - Ollie Westbury, Vishal Tripathi, Abi Sakande, Joe Cooke, Tammy Beaumont, and Phoebe Graham.

The quality of the presentations made for a very rewarding and inspirational day.

Each player then spent time with a handpicked group of Lodders experts to access advice on a wide range of subjects, from social media marketing through to HR, access to finance and accounting advice.

Prize winning

Leicestershire fast bowler Abi Sakande was awarded the overall prize. Joe Cooke secured the newcomer prize and Vishal Tripathi the past player award. Lodders awarded the overall winner a prize of £3,000 to invest in their personal development, with each category winner (past, current and newcomer) winning £2,000.

The winners

Perfect match

Lodders’ managing partner, Paul Mourton, said: “As a firm, we’re very keen to give back and want to be a part of the good stuff that the PCA is doing with the Futures Awards.

“All of the presentations were very impressive. Normally you would pigeonhole professional cricketers as being on the field, but people forget they are human beings who have interests outside of the game, which shone through very brightly during the 2021 Futures Awards.”

PCA Futures Awards Overall winner 2021, Abi Sakande, said: “I’m very grateful to the PCA and Lodders for

having set this up and investing in me, so thank you very much. I’m glad they’ve recognised the value of what I’ve been doing and what I plan to do with the prize.

“I feel like the hard work has really paid off,” he added. “I’ve grown and changed a huge amount as a person through all of these off-the-field activities. Some of that was forced by lockdown, but I also wanted to push myself, and in the long run, I’m in a much better position sitting here today to go in a confident direction once cricket ends.”

The PCA’s Charlie Mulraine, who also sat on the judging panel, added: “Moving away from Edgbaston to Lodders’ offices in Cheltenham took the players out of their comfort zones. Every player had a unique focus, and they were all at different places on their personal journey.

“We wanted to work with Lodders to use the expertise inside their organisation to give each member the best support. The more we can understand how players want to develop their careers, the more we can work with Lodders to create an environment that can provide a tailored experience.”

Work experience opportunities

This ‘tailored experience’ came to life in Autumn 2021 with a seven-week work experience programme for Leicestershire opening batter and PCA member Hassan Azad. Hass worked across different legal and operational teams within Lodders, in a progamme coordinated by our training manager Andrew Busst.

“It’s safe to say Hass was a big hit at Lodders,” says Andrew, “and should he ever consider a legal career then our door is definitely open!”

2022

The 2022 Futures Awards open for applications soon, with the judging set to take place back at Lodders offices in Cheltenham on 8 December 2022.

Professional Cricketers' Association W: thepca.co.uk

Abi Sakande

PCA Futures Overall winner

Joe Cooke

PCA Futures Newcomer award

Vishal Tripathi

PCA Futures Past Player award

Deal makers

The Corporate and Commercial team continues to set new records for deals.

“The number and value of deals completed by the team have surpassed previous figures, with 2021/22 being a very active, busy and rewarding period,” says Corporate and Commercial head Graham Spalding.

Lodders’ Corporate and Commercial team provides expert legal advice to owner managers and national business owners looking to divest, grow and raise finance.

"The team continues to provide advice on business sales, acquisitions and MBO, and more recently VIMBO and several Employee Ownership Trust transactions.

“In just six months, we completed deals with a combined value of around £50 million, and continue to win this type of high-value, high quality work for companies and owner managers across the UK, as well as in the US and South Africa.”

Whitehouse Industries

Lodders has worked with fastener group Whitehouse Industries since 2020. In 2021, Graham led Lodders’ team advising Whitehouse on the sale of its diaphragm pump business Flotronic Pumps Limited. More recently,

it advised on its multi-million pound acquisition of Coventry-based threaded parts manufacturer, Ernest Engineering, a specialist in the manufacture of specialist brass and steel threaded parts.

“The latest acquisition represents another huge step in Whitehouse’s expansion strategy, offering and capabilities within the metal fastener industry,” says Graham.

Avoiding disputes

Avoiding boundary disputes starts well before home improvement work begins, as Vicky Khandker, head of Lodders’ Property Dispute Resolution team explains.

Around a third of the UK’s home improvement projects are close to an adjoining or neighbouring property or boundary - and the number of disputes between neighbours is on the up.

Avoiding boundary disputes starts well before work begins, as Vicky Khandker, head of Lodders’ Property Dispute Resolution team, explains.

With supply in the residential property market falling short of demand, growing numbers of homeowners are opting to improve rather than move.

Between 2020 and 2021, 48% of Brits took on a home improvement project. In 2021 alone, 77% of UK homeowners invested £20 million between them in their properties*.

Whatever the size or scale of your home improvement scheme, it’s important to be aware of any impact on neighbours, as a dispute over an adjoining boundary can be costly, time consuming, and traumatic to resolve.

Land Registry

Understandably, many homeowners start by looking at the property title plan held by the Land Registry, believing this to be reliable and accurate, and the basis for identifying the boundary line on the ground. However, whilst, the Land Registry plan can be useful for indication purposes, it can differ significantly from the boundary line on the ground or even in the underlying deeds.

As a matter of law, Land Registry plans do not generally denote the precise boundary, and there are further complications. For example, due to scale, the physical red line boundary on the plan could in fact amount to a significant area on the ground as opposed to the precise point where two properties meet. Furthermore it will not take account of movement of any boundary features on the ground or the use of the properties.

Even going through the process of looking at the property’s old deeds and original root of title leaves a margin for error, as the plans may not be scaled, or be for identification only.

Furthermore plans may have been copied multiple times meaning scaled plans could no longer be accurate.

Highlights

Other highlights include the sale of furniture and props hire business Granger Hertzog Limited for the sellers to a new company owned by management and the sellers.

The team also advised LDC-backed Solid Solutions on the acquisition of Desktop Engineering Limited (DTE) and on the purchase of Design Rule.

“We also delivered legal advice to the sellers of Cotek Papers Limited to German manufacturer Laufenberg, the sellers of Chrysalis Automotive to automotive software business Autofutura, the buyout team on the purchase of Nottingham-based Print Solutions, the sellers of agricultural machinery business Murley Agriculture, and the sale by the partners of Orbis Corporate Finance of a majority stake to an Employee Ownership Trust,” says Graham.

VIMBO

When Avanta UK sold to its existing management team, Lodders acted as lead legal advisers on the deal: “The multi-million-pound deal saw the business sold through a Vendor Initiated Management Buy-out, or VIMBO, to the existing management team.

"A VIMBO structure was ideal for Avanta UK” comments Graham, "because it provides flexibility that allows the sellers to retain a minority roll-over stake in the new business so they can continue to support the new management team as they take the company forward.”

Expertise

Several high-profile experts have joined the corporate and commercial team in recent months including Stuart Price and Brad Quin, and solicitors Lydia Elvin and Nicola Vernon.

Graham Spalding

E: graham.spalding@lodders.co.uk

T: 01789 206162

Communication

If you are considering any work on your property or garden, talk to your neighbours first.

Neighbours who don’t know what you are doing may worry and fear the worst, which is never beneficial.

Tell them what you are seeking to do and, if appropriate, ensure you understand and respect the requirements under the Party Wall Act 1996 and serve appropriate notices. Keeping neighbours informed from the outset is vital to minimise any issues, and fall outs in the longer term.

Let your neighbours know the plan for the build, and give them reassuranceabout the scheme, the build timetable, and also to show you are considering the impact everything will have on them.

Trouble ahead

It’s vital to act quickly at the first sign your neighbour may have an issue, as this is the key to resolving a dispute quickly and successfully. Always seek professional advice early on. If you are using a surveyor before the build gets underway, this is a good opportunity to discuss boundaries, but if there is any uncertainty at all, it is always sensible to take specialist legal advice.

If you are buying or planning to buy a property with a boundary or fence that looks not quite right, take early advice prior to purchasing the property, rather than assuming you can correct the boundary line once you move in.

Consequence

Boundary disputes – whether residential or commercial - can take 18 months to two years, or more, to get a final determination through the courts.

As well as a boundary dispute being hugely stressful and potentially costly, it will also have an impact on the saleability of your home – in fact, it will make it largely unsaleable until the dispute is resolved. It is therefore important to take early advice should there be the possibility of a dispute to try and resolve it quickly.

Lodders' Property Dispute Resolution team advises private clients and businesses on a broad range of residential and commercial property and property related professional negligence matters, including boundary disputes, rights of way issues, and restrictive covenants.

*Source: The annual Renovation Nation Report by consumer spending experts at money.co.uk (The Renovation Nation Report | money.co.uk)

Vicky Khandker

E: vicky.khandker@lodders.co.uk

T: 01789 206123

The end of an era

Lodders bids au revoir to Martin Green after 36 years

After an astonishing 36 years and six months at the firm, Martin Green stepped back from client work responsibilities and his role as Lodders’ senior partner in June 2022.

1986

Happily it is au revoir and not goodbye, as Martin remains with the firm in an ambassadorial role.

Described by Paul Mourton as ‘the architect and reason’ why Lodders is the firm it is today, and in tribute to his phenomenal contribution, we asked Martin about some of his personal highlights of his time – so farat Lodders. He said “Since I joined the firm on 1st January 1986, Lodders has undergone dramatic expansion and growth.”

Thirty-six years ago, the private client team consisted of just me, one other fee earner, and a part-time legal secretary in Henley in Arden.

“It is hard to believe that the department has grown to what is now one of the largest teams in the Midlands.

“We have earned a national reputation and top tier rankings in both the Chambers and the Legal 500 guides, with recognition for our support on all aspects of private client law, from wills, trusts, estates and tax planning, to specialist advice for elderly and vulnerable clients.

“For the team to be ranked for so many years as a top tier firm for our work and advice for private clients is without doubt my personal top highlight. It was definitely a ‘real moment’ when we were ranked for the very first time, and the team hasn’t looked back since."

Differentiation

Alongside his exemplary client service and legal advice, Martin has been a driving force behind setting Lodders apart and ahead of the competition:

“I have always recognised the value and importance of effective marketing to support the positioning and development of the firm," says Martin.

"Many years ago, I was instrumental in the firm’s first appointment of a marketing and events specialist, and two rebrands, the first one controversially to change the firm’s name from ‘G F Lodder and Sons’ to ‘Lodders’.

“I am very proud of the success of our recruitment, and the professional development of so many members of the private client team and across the firm, as well as developing our financial services operations, the merger in 2017 with Divorce and Family Law Practice (DFLP), and before that enticing George Campion to take on the firm’s first ever non-executive role,” he says.

Privilege

In June 2020, Louise Igoe took over from Martin as head of the Private Client practice. A specialist in estate planning, wills, trusts and probate matters, Louise joined Lodders as a trainee in 2003, qualified into the private

client team, and made history at the firm when she became its youngest partner at the age of 30.

She says: “Martin has made an invaluable contribution to Lodders’ growth and the building of a successful private client team.

Private Client

“He is an excellent lawyer who is revered by his colleagues and peers for his knowledge and expertise.

“Martin has been my mentor since I joined the firm, and I have had the privilege and pleasure of working closely with him. His ability to identify client’s needs, communicate technical issues in a manner which is easy for them to understand, and offer creative solutions to legal problems, is so impressive. He is such a good listener, approachable and personable.”

Architect and reason

Managing partner Paul Mourton, adds: “Martin is one of the leading private client partners in the Midlands, if not the country, whose black book of clients never ceases to amaze, among them a number who regularly feature on the Sunday Times Rich List, as well as stars of stage and screen, local heavy hitters in the property world, and the owners or directors and chief executives of listed PLCs.

“He is a phenomenal individual, kind and caring, and is the architect of and reason why our firm has such a wonderful culture, and one of those responsible for laying the foundations for the firm’s success. He will be profoundly missed, but thankfully is not leaving us completely.

“The Private Client team remains ambitious. Under Louise’s stewardship, its team of experts and specialists continue Martin’s great work and commitment to providing high quality private client services, helping high net worth clients with succession planning, advice on the creation and administration of trusts, assisting clients with deceased’s estates, and advising elderly and vulnerable clients,” adds Paul.

Louise Igoe

E: louise.igoe@lodders.co.uk

T: 01789 206156

Winning new clients has always given me great satisfaction, and I have had a lot of referrals from other law firms which is always flattering.

Tom Ellis specialises in solicitors’ professional regulation, professional liability, and risk and compliance.

Since he joined the firm as an associate in the Dispute Resolution team in 2018, Tom has been promoted to senior associate and partner, and also appointed as the firm’s first-ever general counsel.

Tom explains the new role, how this fits with our strategy and commitment to quality, excellence and innovation, and what this adds to our already highquality client service and experience.

Legal futures

What does the role of Lodders’ GC involve?

In short, no two days (or perhaps hours!) are the same, which helps to make my role an extremely interesting and challenging one.

As GC, I am the principal legal adviser to the firm and take overall responsibility for the direction of R&C as a function. Day-to-day, this translates into a hugely varied agenda, which sees me involved with a broad spectrum of activities –from examining new and emerging risks, delivering advice on the many queries that arise in our lawyers’ daily practice, to dealing with contentious matters affecting the firm.

All law firms are required to have a Compliance Officer for Legal Practice (COLP), who has overall responsibility for risk and compliance (R&C). Having a general counsel (GC), though, is not mandatory and, indeed, is a comparatively recent development among law firms. Law firm GCs have become more common in the last ten years or so, and it is true that many of the largest firms now have them in post.

Among smaller- and medium- sized practices, however, GC appointments are less frequent. Lodders is definitely ahead of the curve in this respect.

Ideally, a GC will operate from within the firm’s partnership and will be legally trained, skilled in the technical aspects of risk and compliance, as well as – crucially – able to see the bigger picture from the point of view of the firm and its clients.

A GC will frequently act as a ‘bridge’ between the equity partnership and the rest of the firm, delivering the board’s risk and compliance vision/agenda, translating this into something tangible, and reporting back as necessary.

I also work on relevant projects, am involved with our processes and controls, and provide advice on operational issues across the firm.

Finally, I spend time delivering training to staff on key risk and compliance topics.

Above all, I am motivated in everything I do by a focus on the ways in which we, as a firm, can use risk and compliance positively to improve our business, by supporting the delivery of excellent client service and making the client experience even better. In the work we do within the risk and compliance team, this focus is never far from our minds.

What does this new role mean for Lodders?

Appointing a GC, in my view, demonstrates Lodders’ recognition not only that risk and compliance is centrally important, but also that it is something wide-ranging, multi-disciplinary and dynamic.

Historically, law firms have had ‘compliance’ teams. Personally, I am not a fan of that label, for the simple reason that ‘compliance’ seems to imply something passive and reactive –

a set of activities that are based solely on rules or ‘box-ticking’, even. In fact, risk and compliance within a law firm is anything but that, and the team’s role in the business is a great deal more positive and proactive.

I think my appointment also shows Lodders’ awareness that risk and compliance can – indeed should –be used in positive ways to the ultimate benefit of the firm’s clients. It is another example of our commitment to innovation, and I am determined that it will assist in furthering a core aspect of the firm’s current three-year strategy, which is centred on a ‘flight to quality, excellence and innovation’, by ensuring that all the components of a high-quality client service are in place.

What impact will you, as GC, have on the firm’s ESG agenda?

I believe that my role will be important. The firm will, of course, need to be prepared to adapt to new rules, regulations and risks, and our strategic approach to risk management means we will be well placed to do so.

Perhaps even more importantly, though, ESG is a vast subject that requires detailed reflection on almost everything the firm does now, alongside a degree of soul-searching about everything the firm aspires to be. Because (as I have said above) my day-to-day role requires me to focus to such an extent on the ‘bigger picture’, I hope to contribute significantly to the process by drawing together the many potential components of our ESG agenda and by assisting in the formulation of policies that make us the best firm we can be.

Tom Ellis

E: tom.ellis@lodders.co.uk

T: 01789 206107

We talk to Tom Ellis about his new role as Lodders’ first-ever general counsel and how this supports our strategy for quality, excellence and innovation.

What is the role of a general counsel in a law firm?

Our commitment to a cleaner working environment

Central to Lodders’ commitment to reducing our impact on the local and global environment is our Environmental Group. Owen Rees, who leads the group, explains its goals.

As the government aims to achieve 'net zero' by 2050, it is imperative for organisations to start tackling the climate crisis on an individual and business level.

A warmer planet was inevitable, however, through our actions, we have dramatically sped up the process of global warming.

As a firm, we aim to:

• Consistently reduce the firm’s carbon output by using data-driven analysis;

• Reduce the quantity of paper usage from all our offices;

• Work with suppliers to ensure office facilities are sustainably sourced;

spot Top

• Raise awareness among staff of environmental issues, and provide home and office-based solutions to help reduce their impact on the environment.

Lodders active environmental group aims to reduce our carbon footprint to balance out the firms’ emissions.

The group is committed to changing the way our staff view this crisis and teaching the firm how we can improve as individuals and as a collective, with many examples already up and running, and clear evidence that we are reducing our carbon footprint.

Every light in our offices is now LED; this saves up to 75% of energy.

An electric car scheme has been introduced allowing staff to lease electric vehicles for a discounted price. We have

installed electric vehicle chargers outside our Stratford upon Avon office.

In July, we undertook a carbon assessment which will highlight the areas where we are using too much or wasting energy and materials. This assessment will give us a benchmark so we can see our progress in the years to come.

Our commitment to a cleaner environment continues.

Not only have we been crowned the best professional services firm in a major regional business award, but we have also retained the top spot in the latest editions of the legal profession’s elite guides.

Best firm

Lodders won the Professional Services Firm of the Year Award 2022 in the Coventry Live Business Awards, which celebrate and recognise the top companies and organisations across the city.

Paul Mourton commented:

The Award is great recognition of our team and the strength of the firm over the last year. We are delighted.

Top rankings, again

Ten members of our senior team are named as among the best lawyers in the UK by The Chambers Guide.

The latest edition of the Guide, which ranks UK individual lawyers and law

firms based on their expertise and client feedback, sees Beverley Morris, James Spreckley and Louise Igoe retain the highest Band 1 position for lawyers in their individual area of the law.

It also names David Lodder and Martin Green as a ‘Senior Statesperson’, Dan MacLeod as ‘Associate to Watch’, and recognises Ian Flavell, Mark Lewis, Caroline Dresden, Vivienne Middleton, Jane Senior and Victoria Khandker.

The firm also faired extremely well in the latest edition of The Legal 500.

The real estate, family law, agriculture, and private client teams each took the top spot. Legal 500 also names Dan MacLeod and Jennifer Russell as its ‘Rising Stars’, and Mark Miller, Beverley Morris, and Mark Lewis as its ‘Leading Individuals’ this year.

Best in the world

Martin Green was recognised for his expertise in Personal Tax and Law by one of the oldest and most respected lawyer ranking services in the world, Best Lawyers™ in the United Kingdom, which recognises professional excellence of lawyers in 83 practice areas, with the lawyers named in it selected by their peers.

Our winning streak continues with top rankings and award wins across the firm

people news update

June 2022

November 2021

Amongst the new hires are corporate lawyer Bradley Quin who joined as a partner in the firm’s fast-growing corporate and commercial practice in November 2021. An expert in mergers and acquisitions (M&A), complex re-organisations, private equity transactions, buy-outs, joint ventures, equity investments, and a range of financial and commercial matters, Bradley was previously a Director at KPMG, leading the deals practice of the KPMG Law team in the Midlands.

March 2022

More recently, in June 2022 family law expert Justin Creed joined Lodders as legal director. Justin has exclusively practiced family law since 2003, focusing on the resolution of financial affairs and settlements for separating couples. A partner at Wright Hassall since 2006, Justin joins Lodders after almost ten years as head of the Leamington firm’s family law team.

March 2022

In March 2022 Lodders appointed Elaine Morgan (pictured above with Louise Igoe) as legal director and head of its new Trusts and Tax team. The Trusts and Tax team provides advice on the most tax-efficient strategies for preserving wealth to high net worth individuals including family and private business owners. Elaine brings 20 years trust and tax experience from senior roles in legal and accountancy firms which gives her a blended and extensive specialist knowledge in Trust management and advice.

Also, in March 2022 commercial lawyer Stuart Price was appointed as a partner to work alongside Bradley Quin and corporate partner Graham Spalding with the responsibility to drive growth and develop the team’s intellectual property, commercial and technology contracts, and data protection work. Stuart joined Lodders from Thursfields Solicitors, where he was instrumental in developing the firm’s commercial and corporate services offering, and launching its Birmingham office in 2017.

We first announced our ambitious plans for growth in August 2021, when we launched our biggest-ever recruitment drive in the firm’s history, creating 40 new roles and representing a 25% growth in its workforce.

Responding to a surge in demand for its specialist advice, Lodders recruited development and investment specialist Chris Dewes as a partner to support the new team’s head Paul Mourton. Joining Lodders after eight years as Legal Director at Pinsent Masons LLP in Birmingham, Chris brings considerable experience in the commercial property development and investment area, having acted for developer clients for over 20 years.

July

Lastly but not least of the latest senior hires property dispute resolution specialist Mary Rouse joined Lodders in July this year as the firm’s first legal director in its Property Dispute Resolution team. Mary is known for her high quality of work in boundary and rights of way disputes, residential tenant matters, housing and asset management for portfolio landlords and registered providers, lender litigation, and Trusts of Land and Appointment of Trustees Act (TOLATA) claims. She has been rated by both the Chambers UK and Legal 500 directories, which recognise her “excellent knowledge and strong client care”.

Lodders births & marriages

Private Client department has welcomed three babies since the last issue of Lodders Life. Head of the team Louise Igoe and her husband Adam welcomed their second baby Oliver on the 14 June 2021. Associate Vicki Gulliver and her husband Tim welcomed their first-born Theo James, and solicitor Alexia Haines and her husband Greg welcomed their daughter Frances Elsie.

Lodders’

Partner in the Dispute Resolution team Mike Wakeling added a new title in early in 2022, when his daughter Susie gave birth to baby Evie, making Mike a first-time grandad and earning him the new name of ‘Pops’.

Shortly before joining Lodders’ Corporate and Commercial team as a partner, Bradley Quin married Victoria Jones on 11 September 2021 at the Haybarn in Herefordshire. A beautiful setting on a day blessed by fabulous late-summer sunshine.

Clare Tyas, receptionist at our Stratford office, got engaged to Mark Golder on 28 May 2022 on their four-year anniversary. The pair actually went to the same school but didn’t know each other until they met online.

Theo James, first born of Vicki and Tim Gulliver

spotlighton

Sarah Naffine

Sarah Naffine is Lodders’ HR director and people champion, expertly blending strategic support with hands-on practical support for staff, all while being a passionate ambassador for the firm. As well as working closely with our managing partner, Sarah is a core member of Lodders' Operations team.

“The role of HR is vast and ever changing, but maintaining a people-first mindset is key.

Part of my role at Lodders is to support the strategic plan, ensuring the firm has strong foundations, and a wellsupported workforce. It’s exciting to be part of the strategic team, and having a role in Lodders’ growth is so rewarding, whether it’s working with employee wellbeing, development, recruitment, retention and reward, or employee relations, engagement, diversity, inclusion – it’s certainly a role for an agile-thinker and a hard worker, and not one for the faint-hearted.

Agile working, which combines office-based and remote or home working, is working well. It has been a massive undertaking and it will take time to embed this new culture, and most important is that we ensure agile working works for all. It’s vital that staff feel connected and supported wherever they are, and continue to receive support, advice and supervision from their wider teams.

Recruitment and retention is another large part of my role. Attracting good talent is always difficult and the market has changed significantly since the pandemic. But Lodders is a great firm, with a clear vision, tangible ambition and a truly supportive and friendly team, and it’s rewarding that we get such positive feedback from our new recruits, whether they’ve been practising as a solicitor for 20 years or it’s their first time working in a law firm.

We really do have a unique culture, and it’s a firm that I am incredibly proud to be part of.

A few years ago, I decided to go back to school and broaden my skill set, so most of my spare time is taken up with study. Having qualified as a Life Coach and Hypnotherapist, I will soon be fully qualified as a psychodynamic, person centred and CBT therapist. This is probably one of the most difficult things I have ever done, but it enables me to use some of my time away from work to help others who require support with life issues.

I also enjoy playing with cars, dinosaurs and paw patrol figures, which are my grandson’s current toys of choice. Spending time with a 3-year-old certainly keeps you grounded."

Wellbeing for all staff is crucial, across physical, mental and financial health. In particular, normalising discussions around our mental health and to feel listened to and supported is always top of my agenda.

Heidi Brennan

The construction industry has faced some major challenges in the last few years, from Brexit, a global pandemic and now the continuing conflict between Russia and the Ukraine. The impact of all of this is felt in rising costs and the well-publicised lack of availability of both materials and labour, making it harder for projects to be delivered on time and on budget.

Challenging times such as these call for expert advisers, and there are few construction law specialists with Heidi Brennan’s experience, client care skills and commercial nous. Matthew Burgin, joint MD of Stoford Properties, concurs: “Heidi pushes projects forward, whilst always demonstrating excellent technical knowledge, great organisational skills and a professional approach.”

As head of Construction at Lodders, Heidi leads a talented team that acts for many of the Midlands’ most active developers, contractors and occupiers.

The team provides advice on all forms of construction-related documentation, working on development projects from inception to completion and across a broad spread of sectors.

Against the backdrop of Brexit, Covid and the Ukraine war, the construction sector is also dealing with a turbulent insurance market and pressure to find more sustainable methods of building:

“Occupiers are increasingly demanding BREEAM ratings of ‘excellent’ and an EPC rating of ‘A’,” explains Heidi. “This puts more pressure on the construction industry, but it is fantastic to see more businesses building better for the future.”

Amanda Peachey

With 20 years in the finance team under her belt, accounts manager Amanda Peachey has seen substantial change during her time at Lodders, from increased regulation and new technology, and rapid growth through to pandemic-enforced changes to working patterns.

"As the accounts manager, I ensure that Lodders complies with accounts rules laid down by our sector’s governing body, the Solicitors Regulation Authority. We have regular inspections (a bit like Ofsted), and and our last audit resulted in an unqualified report, which means we have no serious breaches of the rules and so the report does not need to be submitted to the SRA for further investigations.

I am also responsible for making sure that our day-to-day financial transactions are in order. This might include scheduling and making payments to suppliers or managing and allocating payments from clients.

I have a team of two and I enjoy the management responsibilities and seeing my team flourish and grow into their roles.

Accounts work needs attention to detail, a calm, unflappable approach and an appetite for hard work.

I see all of these qualities in my team, and I am proud that we are able to support the firm as it continues to grow and develop. I also work closely with our finance director, Alistair Howard.

As the firm continues to grow I expect my role will also continue to grow and I am looking forward to being able to support Alistair more and take on some of his responsibilities.

When the pandemic hit in March 2020, we all had to move to homeworking. It went pretty smoothly on the whole although we had to wait for some of the external accounting technology to catch up, but it was soon sorted! As a team we needed to make changes in the way we worked, and we’ve continued to offer flexible working between the office and home, which works well within the team.

October 2021 marked my 20-year anniversary with Lodders. There’s been a huge amount of change over this time but our friendly and supportive culture has endured, and I’m looking forward to many more years here!"

&Listed buildings historic homes

Thinking about buying a listed building? Lodders’ Town and Country Homes team explain things to do and know before buying a historic home.

What is a listed building?

A listed building is one of such architectural or historical importance that it is included on The National Heritage List – a statutory register of historic buildings that is held by Historic England – and is given one of three Grades:

• Grade I - buildings of exceptional interest.

• Grade II* (Grade 2 star) - particularly important buildings that make up about 5.5% of all listed buildings.

• Grade II - comprise the remaining 92% of listed buildings.

It is a criminal offence to carry out works to a listed building that require listed building consent if you don’t obtain consent. The offence is committed by the person carrying out the works (builder) or the person who causes the works to be done (owner), meaning both could face up to two years in prison and an unlimited fine.

Do all works require consent?

No, but listed building consent is required for demolition, alteration or extension works that affect the: “character of the building as a building of special architectural or historic interest”.

The Local Authority’s Building Conservation Officer will provide guidance. If in doubt, make a formal application to the Local Planning Authority.

• Choose a solicitor with experience and understanding of listed building legislation and the planning process.

• Your solicitor should find out whether a previous owner carried out any unlawful works. If they did, the Local Planning Authority serves an Enforcement Notice after you have bought the property, and you must restore the building at your cost.

Failure to comply is a criminal offence carrying an unlimited fine.

• Look for changes to the building such as skylight windows, open plan areas, modern windows and extensions, and tell your solicitor and surveyor about them.

• Commission a survey by a surveyor specialising in listed buildings.

Caroline Nemecek

E caroline.nemecek@lodders.co.uk

T: 01242 229094

What is the Trust Registration Service?

Elaine Morgan, head of Lodders' Tax and Trusts team, explains HMRC's new Trust Registration Service.

New

HMRC rules came into force on 1st September 2022, which require UK express trusts and some non-UK trusts be registered with the UK Trust Registration Service (TRS).

The TRS is a register of the beneficial ownership of trusts. It was set up in 2017 as part of an EU anti-money laundering directive aimed at combatting money laundering, serious crime, and terrorist financing.

All UK express trusts liable to pay UK tax were required to register. Each EU member state has a similar register, and the UK agreed to maintain the TRS as part of the Brexit Withdrawal Agreement. This includes situations where the legal and beneficial ownership of land and property differ, often in situations where a Deed of Gift has been made.

The new rules were introduced in October 2020, requiring all UK trusts (bar a few exceptions), and some non-UK trusts, in existence on or after 6 October 2020, to register with HMRC by 1 September 2022, including trusts that have closed since that date.

Previously, only trusts that paid certain taxes were required to register with the TRS, but the new rules have widened the TRS to all UK trusts including ones not liable to tax unless the trust is specifically excluded.

Failure to register and keep it up to date will result in financial penalties, but HMRC is still to confirm the amounts.

There will be a similar appeals process to the self-assessment regime, and HMRC will enforce more stringent penalties if trustees deliberately ignore the registration requirements.

A list of trusts not required to register is available on the government website, but those excluded from the requirement to register, include:

• pension schemes,

• charitable trusts,

• will trusts wound up within two years of death,

• policy trusts paying out on death or critical illness,

• existing trusts with a value of less than £100 created prior to 6 October 2020.

Elaine Morgan

E: elaine.morgan@lodders.co.uk

T: 01789 206943 Before you buy:

Do you need consent to alter a listed building?

Top tips before starting a business

Every start-up wants the new business to deliver results but this can result in owners overlooking the foundations or building blocks that would otherwise help to keep their business sustainable, or attractive to external investment.

Here’s my checklist for start-ups to consider at the beginning of the new business journey:

1

Keep discussions and negotiations confidential by using a Non-Disclose Agreement

Not only do you want to prevent third parties from taking your ideas and then setting themselves up in competition, you can also loose certain intellectual property rights if you disclosure information too early.

2

Ensure co-founders have a written agreement between themselves

This needs to deal with not only what each founder’s obligations are, but what happens to shareholdings where external investment is sought, and how shares are valued if someone wants to leave the business before it is sold or listed.

3 Identify and protect intellectual property

Intellectual property takes many forms, but not all require registration, and can arise sometimes by accident upon creation. It is important to identify these and know what to do to protect them.

4 Make sure no one else is using your intended branding

Make checks to ensure other companies are not using your proposed brand names or anything similar. At best this will cause confusion, but at worst could leave the business facing legal action.

5 Have clear trading terms with your suppliers and customers

If you do not use your own terms, you will either find yourself doing business on the other party’s terms which are likely written in their favour, or on terms implied by the law.

6 Make the business investable

Most investors will need to see a route to achieve a return on investment quickly. They are looking for a driven team, protected intellectual property,

a clear market strategy, and identifiable and profitable income streams. Tax reliefs are also available to those investing in start-up businesses too.

7 Respect customer data

Tell people what data you will hold, and what you intend to do with it.

Data subjects have many rights, and you need to be able to respond to any access requests quickly. Penalties for noncompliance can be brutal.

8 Choosing the right professional partners

Find professional advisers who have the technical and practical expertise of dealing with businesses in your sector. Ensure they are qualified to give the advice they say they offer, and that their advice is insured.

Stuart Price

E: stuart.price@lodders.co.uk

T: 01789 339117

Starting your own business is exciting, but a keenness for fast growth can mean essential building blocks are missed.

Commercial lawyer Stuart Price shares his checklist of essential points.

A Digital Legacy

planning in the internet era

Like it or not, our lives are increasingly saved on our phones, laptop and in the cloud. For today’s internet era, you need a digital legacy.

Our favourite memories, photos, videos, important documents and certificates used to be kept as physical objects, which when we died, would be relatively accessible to the loved ones we left behind.

Nowadays, much of this is stored in the cloud, meaning it's not as straight forward or easy for beneficiaries and family to retrieve them without digital legacy planning.

What is a digital legacy?

A digital legacy is any information or documents you leave behind online when you die. Think of it as your personal identity that lives on a computer and/or in the cloud, which includes:

• Email accounts

• Social media accounts

• Bank, investment and utility accounts

Your online accounts and everything in them are known as digital assets, which are protected by usernames, passwords and privacy policies so that only you can access them.

A digital legacy allows you to create a record of your instructions to enable access for your beneficiaries, and instructions for how you want your online accounts, personal files, documents, and social media profiles to be taken care of.

Many online platforms recognise the importance of this, and allow account holders to issue instructions of what should happen to them in the event of your death.

For this reason, a digital legacy is increasingly considered a standard, normal part of a written will.

Planning your digital legacy

Approach it in a similar way to when writing or updating your will:

• Choose a digital executor

• List your online accounts, platforms, websites and so on

• Document your digital wishes

• Store your digital wishes, and let your solicitor and loved ones know where it is and how to access it.

Digital legacy planning can be difficult, but it will make life easier for your digital executor to view and access your photos, files messages, apps, websites and other data, and in turn decide what should happen to them in line with your instructions.

Louise Igoe

01789 206156

Lexcel accreditation an excellent benchmark for Lodders

Designed specifically for the legal sector, Lexcel is the Law Society’s legal practice quality mark for practice management and client care.

Aquality management system demonstrates the commitment and ability to consistently deliver services that meet and exceed client expectations.

How

Taking place over three days, several of Lodders’ members of staff, both lawyers and support staff, were interviewed for the most recent Lexcel assessment on topics of risk management, client retention, bringing in new business, and client care.

Findings

Lodders was found to have had a very successful period following the last review in 2021. The review highlighted a number of areas including the staff screening policy used to assess new starters against an appropriate benchmark for a law firm, and the ‘new recruit welcome pack’ that every new starter receives.

Continuous improvement

Paul Harrison, head of Lodders’ Risk and Compliance team, explains how Lodders plans to satisfy any new requirements going forward:

‘’Since March 2020, there has been a significant shift in how law firms operate. Like most firms, Lodders now conducts business in a way that incorporates methodologies like remote and hybrid

Boost to real estate advice

Responding to a surge in demand, Lodders has formalised our extensive real estate legal services with a new Commercial Property Development and Investment team.

The team consolidates and formalises our dedicated and integrated legal services and advice, particularly for real estate companies and developers, institutional pension funds, and investors.

Headed by managing partner and real estate law specialist Paul Mourton, the team includes Chris Dewes (partner) who was hired directly into the new team, Ian Yarde (legal director), Hollie Smith (solicitor), Donna Bates (senior associate), Heidi Brennan (partner and construction team head), Lee McBride (partner and environmental law team head),Victoria Longmore (partner and planning law head), and Kate Woodall (associate, construction).

Speaking at the team’s launch, Paul Mourton said: “Lodders already operates at a high level in the commercial property development and investment sector, and has formalised its extensive services with the new Commercial Property Development and Investment team that will continue to deliver an integrated and specialist service to real estate developers, investors and owner occupiers of newly developed buildings, from acquisition and development, through to letting and sale.

working, remote clients, and a far greater reliance on electronic communication and file management than were being used two years ago.

It is therefore inevitable the Law Society will review the Lexcel requirements, to keep up with the changing legal landscape. It would be a surprise if any new version of the Lexcel requirements asks us to do anything that we are not already doing.

‘’We will await confirmation from the Law Society of any revisions to the Lexcel requirements and, if required, conduct a gap analysis to determine if we need to take any steps to satisfy any new requirements, prior to our next reaccreditation in April 2023.’’

Paul Harrison

T: 01789 206110

E: paul.harrison@lodders.co.uk

“It complements our Real Estate Group’s existing, award-winning advice and comprehensive legal service on all aspects of acquiring, managing, developing, investing, and disposing of property.

“To provide a full-service legal offering, we began formalising the different specialisms within the team in 2021, and have seen fee income grow by 17% and new instructions by 21%.”

Paul Mourton

E paul.mourton@lodders.co.uk

T: 01242 229083

Return on renewables legal update

For landowners wanting to diversify into renewable energy, despite all the Government’s talk about onshore wind turbines, solar power is the big-ticket item.

Bio-digesters and heat from power plants can generate substantial income, but they require a reliable supply of feed stock to make financial sense.

Small gas-fired power generators have been popular, and an essential part of the modern National Grid, but we are not seeing so many of them these days.

The solar energy market remains very buoyant. Solar energy is all about turning the sun’s energy into electricity, but that energy is generated in DC and needs to be converted into AC for transmission through the grid, so your new solar farm will need a good substation too.

If you have room on site for a battery storage facility, you can create a further income stream. The National Grid needs local storage facilities to help smooth out the inevitable hour by hour fluctuations in solar energy generation, so those batteries will yield a very useful additional rent.

Landlords are now realising that the ground beneath the solar panels has value. The solar operator may allow the landlord to graze sheep amongst the panels, but when that field is taken out of agricultural production and allowed to “rest” for a generation, the soil will slowly restore itself and will capture lots of lovely carbon. Who owns that carbon and the Government subsidies which follow?

While the nation worries about energy security, landowners can make some welcome income by supplying that all important electricity.

Alastair Frew E: Alastair.frew@lodders.co.uk T: 01789 206117

Renewable energy is certainly good for the environment, but which will deliver the best return on investment for landowners and landlords? Alastair Frew takes a look.

Forward thinking: How 2022 influenced family law

With family law changing so dramatically in the past 12 months, what will the future bring?

While 2020 and 2021 were busy with Covid, 2022 brought about many changes in family law.

We had adapted to virtual hearings in the previous years. Many (me included) felt it was important to return to face to face hearings.

No fault divorce

After years of campaigning, 6 April 2022 marked the implementation of the Divorce, Dissolution and Separation Bill, also known as ‘No Fault Divorce’, and two significant changes:

• Allowing couples to divorce without ascribing blame, and

• Introducing the option for a joint application to be made.

The changes also apply to Civil Partnerships.

While all welcome the removal of a layer of animosity (which existed if parties had to site a reason for divorce), it comes with the introduction of a ‘cooling off period’. This runs from the date of the divorce application to a party being able to apply for the first conditional order –a period of 20 weeks must pass. Some say this is an unwelcome addition because if parties have elected a joint application, both accept the marriage or civil partnership has broken down and both want to move on quickly. A delay of some five months before securing the conditional order and being able to proceed with a financial order hampers the process of moving on.

Family court: transparency

The President of the Family Division concluded there must be a shift in culture and process to increase the transparency of the workings of the family court. The dual goals of enhancing public confidence in the court system whilst protecting the identity of families and children who need anonymity is not an easy one. His main conclusion is that accredited members of the media should be free not only to attend court but to report on what they see and hear subject to safeguards.

Pensions

In 2019, a multidisciplinary pensions advisory group worked very hard to bring about the production of “A Guide to the Treatment of Pensions on Divorce” known within the legal profession as the PAG report. It provides invaluable guidance to the courts, lawyers and pensions advisors and has been cited as a reference point in a number of court cases. This year sees the launch of PAG2 and I have been fortunate enough to sit on the advisory group.

Beverley Morris

E: Beverley.morris@lodders.co.uk

T: 0121 200 0890

Updates from Beverley Morris on the biggest changes in family law.

What next for

the environment?

After a long passage through parliament, the Environment Act 2021 came into being in November 2021. Head of the Environmental Law team, Lee McBride looks back at its main aims, and forward to what’s coming up.

Essentially, the Environment Act is a vehicle for the government to implement its environmental policies. The government is required to create and maintain a strategy and set environmental targets to be achieved.

Wide ranging in its scope, the Act covers waste and resource efficiency (including extended responsibility for packaging, a deposit return scheme, litter and waste crime enforcement), the strengthening of local powers in relation to air quality enforcement, recall of vehicles not complying with emissions regulation, and biodiversity net gain requirement, amongst others.

A new independent watchdog, the Office of Environmental Protection, will investigate non-compliance with Environmental laws by public authorities, review the government’s progress against its improvement plans, and generally advise the government on environmental matters.

Biodiversity net gain

For developers, an area of considerable concern is a new ‘deemed planning condition’ for planning applications made after 9 November 2023. The condition requires the approval of a biodiversity net gain plan before a development can begin. Developers will be required to deliver at least a 10% biodiversity net gain over 30 years.

Biodiversity enhancements can be achieved onsite or offsite, and must be secured via ‘conservation covenants’. Lodders has been at the forefront of drafting and negotiating some of the first conservation covenants required by some of the more proactive local authorities.

The government intends to create a biodiversity market so that landowners who are happy to undertake biodiversity enhancements will be able to sell biodiversity units to willing

developers. This will take time to develop on the open market and, as a last resort, developers will be able to buy biodiversity credits from the government.

Scrutiny to deliver

The new Act promises much and as climate change continues to dominate the headlines, the government will come under great scrutiny to deliver what it has promised.

Lee McBride

E: lee.mcbride@lodders.co.uk

T: 01789 206139

Is the cost of living crisis any justification for redundancies?

Head of employment Damian Kelly explains the legal position when redundancies are made to help survive the financial impact of rising inflation.

Some businesses have already seen a fall in consumer spending whilst at the same time adapting to the rise in National Insurance rates.

Businesses are being forced to consider a wide range of cost saving measures, including redundancies.

The statutory definition of redundancy is set out in s.139 Employment Rights Act 1996 and supplemented by the case of Safeway Stores plc v Burrell [1997] IRLR 200 (EAT).

These make it clear - an employer looking to reduce employees in response to the cost-of living-crisis, and make better use of remaining resources,

must show there is a reduction in the requirement for employees to do work of a particular kind.

Importantly, this does not mean there must be less work for employees to do.

Where a business is looking to save money, it may consolidate two roles into one and dispense with a management level.

There is no need for an employer to demonstrate income, profits, or customer demand is falling. A Tribunal will not look behind the employer's decision, or require it to justify how or why the diminished requirement has arisen, provided it is genuinely the reason for the dismissal.

Therefore, the cost of living crisis is likely to provide legal justification for many employers to consider making redundancies. However, this should be the beginning, and not the end, of any redundancy process. Redundancies should only ever be a last resort and Tribunals will expect employers to show they have first considered all viable alternatives. There are also various consultation requirements employers must fulfil to ensure redundancies are fair in the eyes of the law.

Damian Kelly

E: damian.kelly@lodders.co.uk

T: 01789 339110

Governance operation

Effective and compliant governance and operation remain key priorities for charities.

Mark Lewis, head of the Charity and not-for-profit team, explains two high-profile investigations.

Charities' compliant governance and operation were once again thrown under the Charity Commission’s spotlight when two high-profile cases made it to the High Court.

The Kids Company, a demand-led charity, failed to maintain sufficient reserves to enable it to either continue, or conduct an orderly wind-down.

The High Court judge found the conduct of the trustees did not amount to incompetence of a high degree.

However, the Charity Commission’s investigation considered whether there

had been misconduct or mismanagement, and its extensive report published on 10 February 2022, found a need to use the right blend of skills and knowledge.

It attributed the many years some trustees and the chair had been in post as an issue, and that a rotation of roles would have allowed for an injection of new ideas and challenges about the way in which the senior executive operated the Charity.

Fiduciary relationship

A fiduciary relationship is one of trust and confidence, with the fiduciary owing a single-minded duty of loyalty.

&This principle was tested in the case of Lehtamaki v Cooper. Essentially, the case provides that, in certain circumstances, charities members are expected to disregard self-interest and exercise their functions for the sole purpose of advancing the charity’s objectives.

In this case, the court had the power to direct a member as to how to exercise that fiduciary duty, bringing with it clarity of when members of charities have a fiduciary duty.

Mark Lewis

E: mark.lewis@lodders.co.uk

T: 01789 206135

Lodders Charitable Foundation

Since its launch in 2016, the Lodders Charitable Foundation (LCF) has raised over £70,000 for local independent charities that support local people and communities.

Rocking with laughter

The LCF kicked-off its fundraising in 2022 with a Comedy Night organised with help from local company, Comedy at Work. The venue Henley in Arden Memorial Hall rocked with laughter thanks to the event’s hilarious and impressive line-up of comics from all over the world, that included seasoned international comedian Sully Sullivan.

Paw-fect fun

The first ever LCF Family Fun Day was scheduled for one of the UK’s hottest days of 2022, but in the interest of safety for four- and two-legged participants, was rescheduled for 9 October 2022, when it might (probably!) be a little bit cooler.

The day will offer all the fun of the fair and an action-packed day of fun activities and entertainment for all the family - and the paw-fect day for pooches.

The LCF chairman David Lodder explains: ‘’The annual dog walk, in memory of Sally Badger, is a regular fixture on the LCF’s annual fundraising calendar, but the trustees wanted to stage an even bigger, better and action-packed day for all the family.

‘’The dog walk remains the focus but there will also be a dog show, with classes for all types and sizes of dogs, entertainment for all the family, activities, games and a scavenger hunt.”

Angela Howard

E: angela.howard@lodders.co.uk

T: 01789 206928

The day will offer all the fun of the fair and an action-packed day of fun activities and entertainment for all the family

Sole to sole

Networkfour is one of the beneficiaries of the Lodders Charitable Foundation’s current fundraising.

Who are Networkfour?

Networkfour is an award-winning charity that, through various projects since 2008, has helped individuals gain access to the care they deserve, and find real hope and positive solutions to the complex circumstances they face, whether its homelessness, substance misuse, mental health, debt and benefit barriers, domestic violence, or exploitation. With the support of the Lodders Charitable Foundation, in the last 12 months, Networkfour has been able to care for over 600 vulnerable children, at risk young people, hard to reach adults, and crisis families.

Networkfour projects

Thanks to support from volunteers, donors and sponsors Networkfour has extended its services and delivered three main projects - Birmingham Pastors, Life and Sole, and Lifelinefour.

• Birmingham Pastors is a volunteers street care team offering pastoral care to those in need, whether it’s a listening ear, hands-on support, or emergency care. It aims to reduce the risk to the vulnerable and prevent and reduce criminality through its daytime patrols in Birmingham city centre.

• Life and Sole aims to eradicate footwear poverty and reduce the volume of shoes going to landfill. Through partnerships with local schools, academies and social services, it provides free, good quality, pre-loved footwear and wrap-around support where required for vulnerable children.

• Lifelinefour supports and walks alongside people who are victims of crime or have come into contact with the criminal justice system, to help them positively integrate back into society. The service includes helping these people to find a home, employment or stay clear of street gang or county lines drug activity.

Gary Wicker, founder and project director of Networkfour explains:

“When I set up Networkfour, I would never have imagined that we would have helped nearly 10,000 vulnerable people, and given hope to hundreds of vulnerable lives facing no hope and struggling to cope. We are eternally grateful to the Lodders Charitable Foundation for all its support.

Thank you so much.”

For further information about the charity and volunteering opportunities visit www.networkfour.org.uk

Volunteers at Life and Sole

orkfour expl

Difference Making a

Lodders has a long history of support for independent arts, charities and local community organisations that make a difference to the towns and cities where we work.

Lodders has supported Stratford Literary Festival since 2008, making it our longest-running sponsorship arrangement.

At the 2022 Festival, we supported three individual events, one featuring Dr Louise Newson, author of ‘The Menopause’, a ‘Can't we just print more money’ panel-led discussion featuring Rupal Patel and Jack Meaning, and ‘an audience with’ event with journalists David Hendy and Henry Mance, who took the audience on a journey through the BBC’s 100 years.

Pedal power

Partners Alastair Frew and Mike Wakeling took on a three-day, 185-mile bike ride from York to Warwick, raising (at the last count) £3000 for Warwickshire children’s charity, Molly Ollys.

The Fundraising Cycle Ride started at York Castle and finished at the Durham Ox in Shrewley near Warwick, and has so far raised over £70,000.

The charity, which had its 10th anniversary this year, emotionally supports babies and children up to 18 who have life-threatening illnesses, and their families, to help with their emotional wellbeing. It provides gifts to individuals and donates therapeutic toys and books to children directly and to hospitals throughout the UK.

“Rachel Ollerenshaw and her husband, Tim, set up Molly Ollys not long after their daughter, Molly, very sadly died from a rare kidney cancer,” explains Mike.

“The charity is very dear to me. Molly was at school with my son Ben, and I know her parents Tim and Rachel well. It was devastating when Molly was diagnosed aged just three with a Wilms tumour, and despite a long and brave five-year fight, she died in 2011.

“When I heard about the York to Warwick Bike Ride that is part of the charity’s events in this its 10th anniversary year, I knew I wanted to take part and help raise funds to support Molly Olly and its team to continue their amazing work.”

Ace fundraising

Lodders’ family law team served up a day of tennis that raised £1000 for the event’s venue Pershore Tennis Centre.

Around fifty guests including professional contacts joined team head Beverley Morris at the second annual tennis event.

Outdoor pursuits

• The Kenilworth Show, Stoneleigh, was back after a three-year hiatus on the Queen’s Platinum Jubilee weekend, and Lodders was again main sponsor of the Inter Hunt Relay. “Taking an active role in local events such as the Kenilworth Show as an important way for us to support our local communities and meet people who, like us, have a passion for the countryside,” said James Spreckley.

• 2022 marks the twelfth consecutive year Lodders has been the principal sponsor of the Stratford 10k. The event regularly fields more than 1,500 runners, including a strong team from the firm.

• Our sponsorship and support of Hartpury College and the HartpuryGloucester Women’s Rugby Team represent an excellent fit for the firm and our values. “Lodders has worked with businesses and individuals in the rural and agriculture sectors for all the firm’s 235 years,” comments Paul Mourton, “and this interest, knowledge and passion reinforces just how well aligned the firm and Hartpury College are."

Property events round-up

Property Seminar

Around 100 guests joined Lodders staff at The Ardencote Hotel Conference Centre for Lodders Annual Property Seminar.

Returning to an in-person event after two years, professionals from across the UK property and real estate sectors, including land agents, property advisers, developers and housebuilders, were delighted to be out and about again.

Keynote speaker David Sleath, chief executive of REIT SEGRO plc, shared his thoughts on why the industrial property sector was 2021’s ‘big winner’, and how and why the look and feel of industrial parks has undergone an evolution: “They are not what they used to be, but are being built with more facilities that support worker wellbeing, to provide features such as outdoor gyms or running tracks, with plenty of outdoor and green space.”

Knight Frank’s Claire Williams discussed the latest commercial property market figures, and Charles Binks explained the impact of the changing habits of tech savvy, mobile-first consumers that has meant a race for space to meet demand for on-demand home deliver.

Also speaking were Lodders Alastair Frew, James Mottram and Lee McBride, all partners in the Real Estate Group.

Business Property Seminar

Mallory Court was the venue for the first-ever Lodders’ Business Property Seminar.

Head of the Business Property team, Alastair Frew, delivered practical tips on the essentials to look for when buying a business property: “Seek clarity on boundaries, rights of way, highways, restrictive covenants and reserved rights. And check for asbestos and always stick to the rules on its disposal, or face a £20,000 fine.”

EPCs on buildings with poor energy efficiency continue to grow in importance: “EPCs apply to all tenancies, and yet thirty percent of buildings currently in use don't comply," he said.

Specialist in landlord and tenant and investment property, Anna Turnell explained the rules surrounding dilapidations and construction warranties, and delved deep into every aspect of an investment lease.

“Variables including the type and age of the property, the length of term, the bargaining strength of the parties involved, and the standard of professional advice surrounding negotiations, mean there is no such thing as a ‘perfect lease’,” she said.

Lee Thompson advises clients on a wide range of commercial real estate matters. His advice was clear: “Whether you are the buyer or seller of industrial, retail or office space, good and effective preparation and communication is key, alongside collaboration to get the deal done.”

Guest speaker Kate Bould, MD of Index Property Information West Midlands, which provides conveyancing searches and reports to the region’s property industry, revealed details of her team’s recent discovery:

“Councils are categorising new road schemes as planning permissions for ‘Private Bodies’ meaning they are invisible to the standard questions answered within the local search.

“We are working with The Law Society in a bid to make the currently optional Enquiry Question 4 routine.”

Mark Miller

E: mark.miller@lodders.co.uk

T: 01789 206153

Alastair Frew

E: alastair.frew@lodders.co.uk

T: 01789 206117

The latest commercial and industrial property sector insights from Lodders’ property events.

Resolving complex issues with clarity, empathy and creativity.

At Lodders, we’re strong on legal technicalities, but just as good at delivering creative solutions. We help clients across all aspects of their professional and personal lives, offering excellent, empathetic advice and a service that is rooted in a genuine understanding of the opportunities and challenges they face.

Lodders Solicitors LLP Stratford upon Avon / Cheltenham / Birmingham / Henley in Arden

@LoddersLawers lodders.co.uk