Wilsons Magazine by MediaClash

AUTUMN / WINTER 2017-18 ISSUE 4

GRAND DESIGNS

Build in your back garden

OF MICE & MANUSCRIPTS

Archiving at Salisbury Cathedral

DO YOUR SUMS

Planning for school fees

S SON WIL AL & LEG TYLE ES LIF AZINE MAG

ART MATTER OF THE

Introducing Messums Wiltshire: a pioneering multi-purpose art gallery

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Cover image: Dominic Welch Rising Form VI Photograph: Steve Russell

welcome T

INSIDE

Explore ful e th beauti ric to is and h Estate re o m Rush

general enquiries

his issue’s striking cover image was captured at an exhibition of contemporary ceramics in Messums Wiltshire, a pioneering multi-purpose gallery and arts centre located in a 14th-century tithe barn in Tisbury. It is a wonderful example of how the county’s past and present can seamlessly combine as a benefit to all. There’s more about the gallery on page 24. We also pay a visit to Emily Naish and witness her work as the archivist at Salisbury Cathedral. However, we must warn you this article features the image of a dead mouse, squashed between the pages of an antiquarian book only to be revealed centuries later (p.36). There is also a journey round the Rushmore Estate (p.30), a profile of Shaftesbury’s Virginia Hayward Hampers (p.32) and a chat with the Trussell Trust (p.28), a Salisburybased charity that runs a national network of food banks. Elsewhere in this issue of the Wilsons Magazine there is a number of features written by our legal experts which we hope you will find of interest. For example, there is an article concerning landowner development and the best approach to adopt if you wanted to build a new house in your own back garden. We discuss the benefits, pitfalls, considerations and obstacles you would need to overcome (p.8). There is also coverage of the steps grandparents can take to help fund their grandchildren’s school fees (p.20) and we look to demystify the legal concept of estoppel (p.12). We also explore the important role of the Court of Protection (p.16). We hope you enjoy this issue. ■

www.wilsonsllp.com Email: enquiries@wilsonsllp.com

Wilsons offices Salisbury Alexandra House St Johns Street Salisbury SP1 2SB Tel: 01722 412 412 | Fax: 01722 411 500 DX: 58003 Salisbury 1

Wilsons Solicitors LLP is a limited liability partnership registered in England, registered number OC328787 and is authorised and regulated by the Solicitors’ Regulation Authority under Registration number 00466564.

London 4 Lincoln’s Inn Fields London WC2A 3AA Tel: 020 7998 0420 | Fax: 020 7242 7661 DX: 199 London Chancery Lane

Frances Mayne Senior Partner T: 01722 427 524 E: frances.mayne@wilsonsllp.com

Publishing Team www.mediaclash.co.uk Editorial Director: Gary Tipp gary.tipp@mediaclash.co.uk Art Director: Carly Dugdale carly.dugdale@mediaclash.co.uk Contributors: Debbie Ashenhurst, James Aspden, Stephanie Boxall, Peter Bourke, Holly Britten, Nicola Bushby, Tim Clayden, Amy Croxford, Jane Ferguson, Jacqueline Fitzgerald, Gillian Fletcher, Carol Gourlay,

Mark Hatt-Cook, Rachel Ifans, Stephen Oxley, Jane Weston, Rupert Wilkinson Printed by: Elanders www.elanders.co.uk Any views or opinions submitted by contributors or advertisers are those of the authors only and do not reflect the views and opinions of Wilsons. This magazine contains general information about legal matters. The information is not advice, and should not be treated as such. The publisher accepts no responsibility in respect of any advice or services which may be advertised in this issue, or for any errors, omissions, misstatements or mistakes in any such references. No part of Wilsons magazine may be reproduced in any form or by any means, either wholly or in part, without written permission.

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contents 08

Legal 08 grand designs

Building a new property might have its advantages but there is a complicated process to understand

12 WHEN A promise is a promise

Learn about estoppel, a legal defense tool used when someone reneges on or contradicts a previous agreement

14 a good cause

Donating is not the only way of giving to charity â&#x20AC;&#x201C; there are many proactive things you can do to help

16 court of protection

The branch of the court that deals with the affairs of people who lack the capacity to make decisions for themselves

20 DO YOUR SUMS

How grandparents can make an effective financial contribution to the education of their grandchildren

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INSIDEt :the

u Read abo rk wo le b ta ri cha by the n e undertak rust Trussell T

LIFESTYLE

DIRECTORY

24 ART OF THE MATTER

40 NEWS

28 FOOD FOR THOUGHT

43 INTERVIEW: DEBBIE ASHENHURST

30 RUSHMORE’S RENAISSANCE

44 TEAM PROFILE

32 HAMPERS & CHAMPERS

48 SERVICES: WHAT WE DO

36 OF MICE & MANUSCRIPTS

50 INTERVIEW: MARK HATT-COOK

Messums Wiltshire is a multi-purpose art gallery located in a medieval tithe barn in Tisbury

All the latest news and views from the Wilsons team, including staff appointments and Celebrate Voice

Salisbury’s Trussell Trust is working to stop UK hunger through a network of dedicated foodbanks

A Senior Associate in Dispute Resolution, Debbie’s work at Wilsons is varied with a current focus on data protection

Set in the heart of Cranborne Chase, Rushmore Estate carries the legacy of the Pitt Rivers family into the 21st century

More than 30 years of creating great hampers has given Virginia Hayward incomparable experience in the ﬁeld

Meet Emily Nash, the archivist at Salisbury Cathedral, as she goes about her fascinating and rewarding work

We meet the Residential Property team at Wilsons. With their wide-ranging skills they welcome new challenges

Whether for personal or business services, Wilsons offers high-quality legal advice for every area of life

Mark’s favourite things include the county of Dorset, the great outdoors, wild deer and good food in a country pub

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ON Now Feast! Food At Stonehenge

Discover the diet and lifestyle of the people who built Stonehenge and learn about the science behind what we know.

ON NOw Celebrate: Gathered & Gifted

Salisbury Arts Centre presents a hand-picked collection of work by contemporary artists and makers.

02/12/17 A Wessex Scene

Messums Wiltshire presents a remarkable collection of work that illustrates the rich history of the region.

EVENTS DIARY 02/12/17 Jack and the Beanstalk

a wilsons guide to what’s on in THE LOCAL AREA this AUTUMN & winter

Salisbury Playhouse presents the mustsee family entertainment. Tickets are selling fast so book before it’s too late!

19/12/17 A Christmas Carol

Olivier-award winner Guy Masterson brings Charles Dickens’ Christmas fable to life at the Salisbury Playhouse.

Photo by Ash Mills

IMAGE REQUESTED

26/01/18 Graffiti Tour

Discover the fantastic findings from an ongoing project recording and interpreting the Cathedral’s medieval graffiti.

27/01/18 Brian Graham: Towards Music

This exhibition at Salisbury Museum represents a unique interpretation of the evolution of music and dance.

08/03/18 Banff Mountain Film Festival

The world’s best mountain film festival comes to The City Hall, Salisbury with a stunning collection of short films.

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landowner development

Property

Grand Designs: building in your back yard Jane Ferguson Consultant T: 01722 427 594 E: jane.ferguson@wilsonsllp.com

KEY POINTS • Undertake some preliminary research • Pre-application advice is essential • Talk to your neighbours • Get the experts involved

There is much to consider if you want to build a new home in your existing garden

any people would love to build their own home, but finding a site suitable for development is a major obstacle. If you already own a property with a large garden, you may be able to build a new property on part of the plot. Certainly, owning the site gives you a definite advantage when it comes to development. There are several reasons why a householder might want to give up some of their garden for development. The primary reason is the ‘Grand Designs’ factor: they want to have an original house, built to their own specifications and taste. Then there is the opportunity to provide a home for a dependent relative such as an elderly parent, or to give a disabled adult child somewhere they can enjoy independent living. Some older couples decide to build a smaller, more convenient property for themselves, and free up their large home for a new family to occupy. Then there are financial reasons. Building a new, smaller home for yourselves in the garden and selling your former home is a

“You will need to do some preliminary research to check if planning permission is realistic” landowner development Selling or developing your most important asset affects not just you but many generations to come. Our specialist team can help you to get things right from the beginning and maximise potential for the long-term benefit of all concerned.

good way to release some equity to fund retirement or other ventures. It is also an opportunity to sell the land as a building plot for someone else to develop.

The obstacle course However, there are several obstacles to overcome. Local authorities and neighbours have been quick to object to backland development. So-called ‘garden grabbing’ is controversial (although it is usually related to larger commercial developments). Yet while there remains a big shortage of housing across the UK in rural settlements and villages the only potential sites for new homes may be garden plots. Government policy prioritises brownfield land for development and the courts have recently ruled that residential gardens outside built up areas are brownfield land. Having said that, parish councils can still object to any back garden development. You will need to do some preliminary research to check if planning permission is realistic. Look up your local authority’s local plan, which should indicate the accepted boundaries for housing development. If you are within the boundary then you have a chance of getting the go ahead. Outside the housing boundaries and you can expect

We will work with you to bring both major residential and commercial developments to fruition. We’ll help you negotiate the minefield of options, conditional contracts, joint ventures, consortium agreements, collaboration agreements and Section 106 agreements you’ll find along the way.

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ROOM FOR ONE MORE? Building in your garden requires proper planning

an uphill battle. National planning policy also promotes the concept of sustainable development. If you are in a village with a school and shop, then your application is more likely to succeed than if you live in a remote rural area. However, wherever you live, you should go into this with your eyes open. It is not easy to navigate the ways of local planning policies. If you are serious about a development in your garden, then it is prudent to pay for professional advice at the beginning of the journey. One of the ﬁrst big issues local planners will look at is access. How will people and cars enter and exit the site, and how will it join to the local road network? Where will cars park? No reasonable access or parking means the site is not viable for building. You may be more likely to get permission if you are building with a view to providing accommodation for a relative, even if the plot is outside the housing policy boundaries. In these circumstances, the highways department may be more relaxed about access and parking, as the assumption is that such a development will have fewer cars than a family home. Such developments are usually subject to what are commonly known as Section 106 agreements, which make a proposal acceptable in planning terms, that would not otherwise be acceptable. It might be, for example, that you are required to agree a covenant that binds the two properties together, so that the new property can only be used by a family member, or cannot be sold separately. It may be possible to have Section 106 agreements changed later if circumstance or planning policy changes.

THE PLOT THICKENS Making money from surplus garden space There are occasions when it might make sense to sell excess garden land to raise capital. It could be tempting to use land you already own and speculatively build a house for sale. However, there are caveats, says Wilsons property and planning solicitor Jane Weston: “Building a home for yourself to live in is very different from building a house with a view to selling it on the open market. The latter is a huge risk that only professionals should undertake.” However, there are low risk ways to sell the site that will put money in your pocket. First, if you have someone who has expressed an interest in purchasing the site, then you can pursue a sale through the mechanism of a ‘conditional contract’. In this scenario, the buyer has the responsibility of applying for and obtaining planning permission. The sale contract only becomes binding on the award of planning permission. Alternatively, if you are willing to obtain outline planning permission, say for a two-storey, four-bedroom house with garage, then the site becomes a very attractive proposition for self-builders. Whichever route you take, when you sell part of your garden for development it is important to protect the amenity of your existing home. This means the plans must ensure your road access and uninterrupted access to utilities and services such as sewage. If you do intend to explore selling your unwanted garden space, make sure that you get expert advice, legal, ﬁnancial and planning, at an early stage. TO CONTACT JANE WESTON | CONSULTANT T: 01722 427 719 E: jane.weston@wilsonsllp.com

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landowner development

Pre-application planning advice is essential If your preliminary research suggests that there are no major hurdles to developing part of your garden, then it is time to call in the professionals. “At this point, appointing a planning consultant is as important as choosing the architect,” says Jane Ferguson consultant solicitor at Wilsons. “Before spending hundreds or thousands of pounds on designs, we strongly advise potential garden developers to get expert advice, and then seek pre-application advice from their local council.” A planning consultant will be able to quickly identify any major issues, such as liability to flooding (which could mean planning permission will never be granted), or proximity to a SSSI (Site of Special Scientific Interest) that would entail a specialist ecological assessment. “It might not be as exciting as sitting down with the architect but a planning consultant will help you understand the possibilities and constraints of the site,” says Jane. You are then in a position to ask the local authority for pre-application advice. This is an opportunity to get a council officer’s opinion and advice on your potential scheme.

“Before spending money on designs, we strongly advise potential garden developers to get expert advice”

The officer can usually advise on related issues around environmental issues such as existing trees, wildlife, drainage and highways. A preapplication enquiry requires less information to be provided and will give you an idea of how acceptable your proposal is likely to be. You can apply for advice in writing or in a meeting with a council planning officer – the latter is generally more helpful. You will pay for this advice but it will be money well spent. (At the time of writing, Wiltshire Council is charging £116 for preapplication advice for one dwelling unit.) You will come away from the meeting with a clear idea about what you need to include in your application, and what level of detail is required. Most local authorities will provide guidance on how to seek pre-application advice on their website.

Consult with all Once you have some reassurance that your scheme broadly complies with the local authority’s requirements, then you can progress to a planning application. This is a statutory process, and can take some time. The council should reach a decision in eight weeks but if your application is unusual in any way it can take longer. Under the Government’s ‘planning guarantee’, no application should spend more than a year with decision makers, including any appeal. In practice this means that planning applications should be decided in no more than 26 weeks.

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Local planning authorities are required to undertake a formal period of public consultation, prior to deciding a planning application. Anyone, whether affected or not, can respond, from individual neighbours to community and specific interest groups. Therefore, it is important to take action as soon as you decide that you would like to develop in the garden. Most importantly, you should talk to your neighbours. The last thing you want is for them to formally object when you apply for planning permission. Consult properly. Invite them to see the proposed site; show them the drawings; listen to their views and take them into account. The parish council, if there is one, should also be properly consulted. Prepare to spend time in meetings explaining your plans. Approach your local councillor and seek their opinion. A little lobbying in advance can help smooth the path to planning permission. There are occasions when, however hard you try, you will not overcome the objections of your neighbours. If your application triggers a large number of formal objections then it will come before the planning committee for a decision. You will be able to make representation but may be surprised to discover you’ll only have three minutes to make your case. The committee will vote on the application and make a decision on the spot. There is a right of appeal. ■

The self-build boom Have you ever dreamt of building your own home? What are you waiting for? Now is as good a time as ever

The UK has a much lower rate of self-building than other European countries. Self-built homes account for between 7 to 10% of completions in the UK, while in Austria they account for around 80%. The Government wants to double the number of custom and selfbuild homes by 2020. There is certainly plenty of demand. A survey by the Building Societies Association (BSA), published in October 2011, suggested that 53% of people in the UK would consider building their own home given the opportunity. (Self build is where you actually undertake much of the work yourself; custom build is when you appoint a contractor to build on your behalf.) One of the barriers is of course finding a plot on which to build. The Government is keen to get more people building their own homes and has asked local authorities to set up registers of land suitable for home builders. From 1 April 2016 councils have had to keep a register of aspiring self and custom house builders to enable planning for future housing

and land use. This makes it easier to match potential builders with landowners. Local authorities have a duty to grant sufficient planning permissions for self build in order to help them meet the local demand identified in the register. Self-builders are also exempt from the Community Infrastructure Levy (CIL), which raises money from new developments for council infrastructure. CIL could add a hefty amount to the cost of building a home – as much as £15,000 for a four-bedroom house. CIL exemption applies to homes that are owner-occupied and built or commissioned by individuals, families or groups of individuals for their own use. If you want to self/custom build your own home, then you might need to sell your existing home to finance the construction of the new property. If this is the case, note that you are allowed to live on site in temporary accommodation (although this is rarely comfortable or pleasant, especially if you have young children).

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Wills & TRUSTS

Estoppel

When a promise is a promise James Aspden Partner T: 01722 427 677 E: james.aspden@wilsonsllp.com

KEY POINTS

• Discuss plans • Write it down • Seek expert advice if unsure

Estoppel is a legal concept used when someone contradicts a previous agreement

nless you are a lawyer (or a keen Scrabble player), you may not be familiar with the word ‘estoppel’. Derived from the old Anglo-French stopper, meaning to stop, bar or hinder, estoppel is a legal principle which prevents someone denying or contradicting a promise or an assertion he or she has made previously. In the words of Wilsons partner James Aspden: “Estoppel claims, in all their forms, are about tying people to their consciences.” When someone has chosen a course of action based on the promises of another – a course of action that has ruled out other possible life choices – then the court can make

restitution if it feels the outcome is not fair. The last decade has seen a boom in estoppel claims going to trial, and it is still very much a developing area of law. The classic example of an estoppel claim is where a farmer parent tells a child he or she will inherit the farm one day. With this in mind, the daughter or son goes on to put in decades of back-breaking work on the farm for low pay but, there is nothing in writing to confirm what the parent originally offered. If the parent goes back on their word for any reason, the child can find themselves without a home or livelihood. The courts are willing to intervene and make the parent keep their promise.

The fate of family farms

FAMILY MATTERS: Estoppel claims can arise in farming businesses

“All too often,” says James Aspden, “we see estoppel claims arise in farming businesses. This is partly cultural – people take things on trust rather than getting them in writing, and there is a strong emotional attachment to land. It is also partly financial - a reluctance to spend money on succession planning. A major part of the problem, however, is that these things are too rarely discussed, and the consequences of this lack of communication can be disastrous for a child who has planned their life around inheriting the farm and then finds this is not to be.” There are two interconnected reasons why estoppel claims are on the increase. The first is that agricultural land prices have shot up. According to Savills, the total value of British farmland and woodland has increased 149% over the past 10 years. Farmland remains a safe and secure investment over the long term. What’s more, it is a physical asset that you can live on and use to generate income in different ways. The second reason is, if you grow up working on the family farm with the promise wilsonsllp.com

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of owning it one day in the future, but then find this is not the case, your opportunities may be limited. You can’t farm without land and it is highly unlikely you can afford to buy or rent another farm. In other words, the only thing you are qualified to do – farm – you cannot do without farmland. Says James Aspden: “By and large, judges try to do the right thing and if it can be proved that there was a genuine promise to gift the farm to the child (or other beneficiary), then the judge may want to help because it would be wrong not to.” There is also a third factor at work: longevity. As life expectancy grows, more of us will experience a decline in mental capacity as we age. The sad consequence is that an ageing parent might forget about the promise, or become confused about what was said to whom. There is a good example of this situation in the 2016 case of Moore v Moore. A father and son had worked the farm in partnership and the father had led the son to believe he would inherit the farm. Following some family relationship troubles, the father – who was already suffering from Alzheimer’s – changed his will and disinherited the son. The High Court found in favour of the son, ordering that the partnership between father and son should be dissolved because of the father’s dementia and awarding the son sole ownership of the family farming business.

Write it down “If there is anything to learn from these sad stories,” says James Aspden, “it is the importance of talking about the future and putting decisions in writing. Word of mouth is not enough. Write it down. If you are a farming family, discuss your plans for succession. Parents, let there be no doubt about your intentions.” James points out that estoppel claims can apply to situations other than a family farm. For example, if a child has given up the chance of a career and home ownership to provide live-in care for a parent, and has been led to believe he or she will inherit

the family home, that could give rise to an estoppel claim. Another example is family trusts. Trustees need to be careful about what they promise, to avoid creating expectations the court might later force them to fulfil. James concludes: “The court is more willing than you might think to intervene and ‘do justice’, and it is therefore more important than ever to be clear about who has said what, and what impact those promises may have had on your family.” ■

“Word of mouth is not enough. Write it down…”

seeking assurances How to spot an estoppel claim Amy Croxford, associate solicitor with Wilsons, explains that to win an estoppel claim, you will need to be able to show three things (1) that an assurance/promise was made to you in respect of a particular asset, especially land, (2) you relied on that promise/assurance and (3) you have suffered detriment as a consequence. “The assurance does not need to be explicit,” says Amy, “even just standing by and saying nothing can be enough in the right circumstances. And statements such as ‘this will all be yours one day’ or ‘you will have financial security’ may be enough, depending on context.” Some examples of detriment are: ● Giving up your job to look after someone. ● Sacrificing your time, or your family life. ● Giving up a good job opportunity. ● Working for a low wage. If you think you may have an estoppel claim, when should you act? Amy advises: “If it looks like the person who made you a promise is going back on their word, you can commence a claim while the promisor is still alive. You do not need to wait until they die, even if the promise was to leave you something in their will. But, ideally, try to formalise any arrangements. There is nothing better than having the promises made to you recorded in writing so that everything is clear.” TO CONTACT Amy Croxford | Senior Associate T: 01722 427 504 E: amy.croxford@wilsonsllp.com

WILLS & TRUSTS The members of our specialist team are widely recognised as leaders in this field, offering strength in depth and a truly bespoke approach for clients facing difficulties of any kind concerning an estate or a trust, whether in this country or offshore.

Our best work is confidential, as we resolve the vast majority of our cases without the expense or risk of a court hearing. In cases where this has not been possible, we have a proven track record and are at the cutting edge of the developing law.

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CHARITIES

Charitable giving

A good cause Giving to charity is part of the fabric of everyday life in the UK

Gillian Fletcher Director of Charity Law & Governance T: 020 7998 0422 E: gillian.ﬂetcher@wilsonsllp.com

SAVING LIVES: Charities are committed to helping lives

KEY POINTS • £9.7 billion donated in 2016 • Carry out research before you give • Consider different ways you can help - be a volunteer or trustee • Use Gift Aid

rom the RNLI to Red Nose Day, from Girlguiding to the British Legion’s Poppy Appeal - charitable organisations and their fundraising appeals are part of the fabric of everyday British life. In England and Wales, there are 165,000 registered charities, ranging from household names such as Cancer Research UK, Help for Heroes, the National Trust, RSPCA and the British Red Cross to a myriad of small charities who mainly work locally, many with annual incomes of less than £10,000. The Charities Aid Foundation’s UK Giving Report is the largest study of our giving behaviour. According to the 2017 report, we are becoming more charitable. A total amount of £9.7 billion was donated by generous Brits in 2016 and £18 is the median average monthly contribution. Medical research is the most popular cause for giving. Donating money remains the main way in which people engage with charity, 61% having done so in the last year. Only 4% of people say they never give.

By and large, most of us choose to support charities based on our values, interests and personal circumstances. Familiarity is so important that only 30% of people would feel confident donating to a charity they have not previously heard of. More than half of the public say they know very little about how charities are run and managed, but if you ever want to look more closely at a charity before you decide to give, or want to know that a charity you support is operating on an even keel, there is plenty of information available. Obviously, a first stop will be the charity’s own website, but this might not provide the level of information you seek. All charities in England and Wales are regulated by the Charity Commission and its website www.gov.uk/government/ organisations/charity-commission is a treasure trove of key information on charities. Every charity is required to file an annual return and those with a gross income

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of more than £25,000 must file accounts; you can check that they have done so and are up to date. You can download copies of the accounts and learn how the charity spends its income. Other information available includes the stated purpose of the charity, its trustees and other useful details. Some charities exist to make grants to other good causes, while others are more hands on, undertaking research or providing services such as specialist care or a telephone helpline. The nature of their activity will be reflected in expenditure on salaries, for example, or marketing activity to raise awareness of an issue. A good way to evaluate a charity is to compare its income with its expenditure on charitable purposes. Is it spending the funds it raises? Is it in the black? How much cash is held in reserve? Take a look at the charity’s reserves policy in its accounts to see if there is a reason why it is not spending its funds. If you want to give a substantial amount of money to a charity for a specific purpose, then contact the charity in advance and get in place a ‘grant agreement’ which will make sure your donation is used for the purposes you intend.

how you can help Of course, there are other ways to contribute to charity beyond financial donations. You can: ● Volunteer. More than 21 million people volunteer in the UK at least once a year and volunteering contributes an estimated £22.6 billion to the UK economy. ● Be a trustee. Some one million people are charity trustees. ● Choose charity merchandise Christmas cards and buy raffle or lottery tickets. ● Donate goods to a charity shop. Giving items is the second most popular way of engaging with charities. If you are a UK taxpayer when you sell clothes, books etc through a UK charity shop, you can give the proceeds to charity under Gift Aid (see box right).

● Ask your boss. Many employers will give employees time off work to support charitable or community purposes such as reading or mentoring schemes in local schools. Others will match funds raised for local charities by employees. ■

make a donation There are any number of ways that you can make a difference and give to a charitable cause ● Cash: Using cash is consistently the most common way to give to charity. It’s easy and convenient to do on the spot. ● Direct debit: Annual, quarterly or monthly, charities welcome the certainty of regular direct debit donations. And you can track them easily on your bank statement. ● Charity accounts: Charity accounts offered by organisations such as Charities Aid Foundation and others let you build up your own charitable fund which you can use for ad hoc or regular giving. ●G ive as you earn: Anyone who is paid via PAYE is eligible for ‘payroll giving’, or ‘give as you earn’. Payroll giving is an easy, tax-efficient way of making regular charitable donations through your salary. Your planned donations are taken directly from your salary before income tax is deducted so that you have immediate tax relief on your giving. Charities like payroll giving as it gives them a regular income to rely on, and lowers their administrative costs. 2017 marks the 30-year anniversary of payroll giving. ● OnlinE: Digital giving is growing fast and about 7.2% of overall fundraising revenue, excluding grants, was raised online in 2016 (a record high). Some 17% of all donations in 2016 were made using a mobile device, and donations made via websites, social media and apps account for 26% of donations in the UK. Unsurprisingly, young people are more likely to donate via text message or online. However you choose to give, under the Gift Aid scheme, if you’re a UK taxpayer, the charities you give to can reclaim the basic rate of tax you’ve already paid on your donation. Your £1 donation is then worth £1.25 to the charity. Higher rate taxpayers can also claim back the difference between higher rate and basic rate tax on the value of any donation. Around half of all donors use Gift Aid.

CHARITIES We at Wilsons have an experienced team and have been ranked in the top three legal advisers to charities in the UK by Top 3000 Charities directory for five years running. The firm acts for many charities, advising on law, governance and constitutional matters.

We advise on the powers and duties of the trustees, compliance with the charity’s objectives and procedures in the governing documents. We have helped many clients set up charities and we have a solid relationship with the Armed Forces and their charities. Our specialist legacy team is the largest outside London.

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COURT OF PROTECTION

askERT

THE EXP

Court PROTECTION of

Nicola Bushby looks at a branch of the court that deals with the affairs of people who lack the capacity to make decisions for themselves STATUTORY WILLS You can make and even change an existing will on behalf of someone who lacks capacity but you will need to apply to the Court of Protection to authorise its execution. An application will need to be ﬁled with the court with evidence that they lack testamentary capacity and a witness statement setting out the proposed will, details of previous wills (if they have one), full details of their assets, a family tree and schedule showing the distribution of the estate with and without the proposed will. To change a will, you will need to show the court any previous wills the person has made. If a person is named as a beneﬁciary in the person’s existing will whose entitlement would change under the statutory will they will need to be named as a respondent in an application to approve a statutory will. This allows them to register their objections if they have them and the court will then need to resolve the dispute.

TO CONTACT NICOLA BUSHBY T: 020 7018 1779 E: nicola.bushby@wilsonsllp.com

Q A

What exactly is the Court of Protection? The Court of Protection is a court which takes decisions on ﬁnancial and welfare matters for people who can’t make decisions themselves because they ‘lack mental capacity’.

Q A

Why would someone lack mental capacity? A person may have an intellectual impairment, be unwell through mental illness or may have lost capacity as a result of a tragic accident which means they cannot take decisions for themselves. A very common cause is Dementia. It’s then difﬁcult for families because not only are they often providing care and support to their elderly relative and coping with all that this entails but they are often left wondering how to plan for their relative’s future welfare and manage their money. Whether someone has capacity will depend on what decision needs to be made, the level of complexity and the impairment. It can often be ﬁnely balanced and will almost always require an expert to assess.

Q A

What types of decision can the court make for someone who lacks capacity? The majority of applications the court determines are un-contentious and relate to the person’s property and affairs, for example, an application by a family member to be appointed as a deputy to manage their relative’s ﬁnancial affairs

or for a statutory will or gift. These types of applications are often decided by the court ‘on the papers’ (without a court hearing). The court also determines disputes. These largely manifest in welfare issues, for example, a Local Authority may take the view that a person should live in a residential home or supported living unit but a family member wants them to live at home; the court will need to step in and decide what’s in the person’s best interests. The court also has a very important role in scrutinising situations where a person is under continuous supervision and control and is considered to be ‘deprived of their liberty’.

Q A

When would the court appoint a deputy? The Court of Protection will authorise a property and affairs deputyship if it is satisﬁed the person lacks capacity to manage their ﬁnancial affairs themselves and needs someone to make decisions on their behalf. It might be the person has or retains capacity to manage small amounts of money but in relation to larger sums, lacks the requisite capacity. Welfare deputyships are less common but can be relevant if you are a parent of a disabled adult child who requires someone to deputise for them on a dayto-day basis on health issues.

Q A

What is the difference between a deputy and an attorney? A deputy is appointed by the Court of Protection after someone has lost capacity. A Lasting Power of Attorney

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or LPA can only be made by someone who has capacity. Once a person loses capacity, it is no longer possible to put in place an LPA – you will need to apply to the court for a deputyship. Their powers and limits are broadly similar, for example, both will need the court’s authorisation before they can make a gift from a person’s assets of any significant value, although the levels of supervision are quite different.

Q A

Who can be appointed as a deputy? A deputy must be at least 18 years of age and can be a relative, friend or professional or any combinations of those. The court may appoint more than one deputy. We often act as a professional deputy when a person has lost capacity following an accident, often jointly with a family member. This involves managing their money and/or any damages award to ensure their care needs are met and their money is appropriately invested so that they have enough to sustain their needs over the course of their lifetime.

Q A

What type of decisions can a deputy make? A property & affairs deputy deputises in relation to all of the person’s financial affairs – for example, managing their bank accounts, property, investments and any other assets. A welfare deputy makes decisions on the person’s health and welfare but there are a number of limits on their power. ■

HELPING HAND: Looking after those who lack capacity

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Tax & trusts

School fees

Do your sums How grandparents can help with their grandchildren’s education KEY POINTS • Consider approaches • Always use the most tax-efficient way • Remember the seven-year rule • Keep things simple

Rupert Wilkinson Partner T: 01722 427 602 E: rupert.wilkinson@wilsonsllp.com

hen young Prince George started at Thomas’s Battersea in September he joined more than half a million children whose parents have chosen to educate them privately. According to the Independent Schools Council annual census for 2017, there are record numbers of students attending the ISC’s 1,301 member schools. At 522,879 pupils, the number of privately educated children is at the highest level since records began in 1974. Also at record highs are school fees, which have been rising faster than inflation. According to the ISC, the overall average fee per term for a day student is £5,562 (at £5,868, Thomas’s Battersea is not far from the norm) and boarding will of course be very much more. Boarding school fees are typically twice as much as day fees and it is not hard to spend £250,000 educating one child to the age of 18 at a boarding school. And all this expenditure comes before even thinking about any university fees and student living expenses which might follow. Unless a family has considerable savings, school fees are paid out of taxed income at a time when there are many competing demands on the family purse. No wonder many families need some help to pay the termly bills. Grandparents, who may have benefited from rising house prices and good final salary pensions, are sometimes willing to assist. Mutual insurer Royal London found

TAX & TRUSTS We always aim to understand your personal circumstances and objectives, and provide clear, pragmatic and commercial solutions. Much of our work still focuses heavily around trusts legitimately to protect and devolve assets for individuals, families and their

that more than £400 billion in wealth held by Britain’s grandparents is set to cascade down through the generations over the coming years. Rupert Wilkinson at Wilsons says: “Helping to pay the grandchildren’s school fees is a good way for the next generation to benefit from family wealth when they most need it. What’s more, it can also help to reduce the value of a grandparent’s estate from the point of view of inheritance tax (IHT), and in a way that grandparents find easy to justify. They are not always so willing to make outright gifts of cash. What is really important is to make sure that any gifts or other financial assistance are made in the most tax-efficient manner.” If you are a grandparent who wants to help finance the education of grandchildren (or other younger relatives), there are five different approaches.

Use the £3,000 annual exemption. You can give away £3,000 worth of capital each tax year (6 April to 5 April) which will not be added back into the value of your estate for IHT purposes on death. This is known as your ‘annual exemption’. You can also carry any unused annual exemption forward to the next year – but only for one year. So Granny and Grandpa can jointly give £6,000 annually. While that may only cover the fees for one term, over the years of a child’s education from nursery to sixth form it amounts to a significant sum passed on to the next generation free of IHT.

asset-holding structures. This ranges from the drafting of Wills and trusts to more complex tax advice for UK and international trustees. Our experience extends to advising individuals and trustees in Europe, America and the Far East on UK tax issues, trust law and other legal aspects relating to international wealth.

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STRIKE THE RIGHT NOTE: There are different approaches to funding to consider

Make a financial gift and survive for seven years. You can make a larger financial gift at any time to the parent or the grandchild. If you live for another seven years, then the gift no longer counts as part of your estate for IHT purposes. If you survive for at least three years, the IHT payable on death is reduced by 20% each year. Where grandparents contract to pay school fees directly, this will also be treated as a financial gift to their child or grandchild; the grandparent(s) will need to survive seven years to completely remove the gift from their taxable estate.

Give regular gifts out of normal income. You can make IHT-exempt gifts of any amount from your normal income, as long as you can maintain your standard of living after making the gift. This is usually an option for those who have signiﬁcant surplus income. If the relief is claimed after death, HMRC likes to see there has been a regular pattern of gifts out of normal income.

Put money in trust. Another option is to set up a trust for the grandchild(ren). The grandparent settles £325,000 on trust (the current sum that can be settled on trust without an immediate 20% IHT charge) and grandparents retain control as trustees.

If both grandparents put in £325,000, then that makes £650,000 - enough to take at least a couple of children through school and university. The grandparents must survive seven years for the sum settled on trust to fall outside their estate but, if they do, then they will potentially have saved £260,000 (40% of £650,000) of inheritance tax. A child can also benefit from income from the trust fund. There can be income tax advantages for a grandchild with little or no income who benefits from the trust. While extremely flexible, settling a trust is a complex business and not to be undertaken without specialist advice.

“School fees are paid out of taxed income when there are many competing demands on the family purse”

Junior ISAs. Don’t overlook the simplicity of regular savings through a Junior ISA. Junior Individual Savings Accounts (JISAs) are long-term, tax-free savings accounts for children. Parents or guardians with parental responsibility can open a Junior ISA and manage the account, but the money belongs to the child. The child can take control of the account when they’re 16, but can’t withdraw the money until they turn 18. In the 2017 to 2018 tax year, the savings limit for Junior ISAs is £4,128. If a grandparent starts contributing when the child is born, 18 years of compound growth can build a solid pot of savings which can be used for university fees and student living expenses. wilsonsllp.com

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TAX & TRUSTS

Reviewing or revising a will is frequently the catalyst for grandparents to consider how best to help their own children financially, according to Rupert Wilkinson. “My advice is always to keep things simple,” he says, “so everyone knows where they stand. When matters are over-complicated they can unintentionally make life difficult. “Whichever route you choose, helping to pay for the education of grandchildren or other young relatives is often seen as an attractive way to use family wealth for the benefit of the next generation.”

SCHOLARSHIPS AND BURSARIES Independent schools are keen to encourage children from all backgrounds to apply for places. Over the past 15 years there has been a consistent trend of schools providing fee assistance to an increasing number of pupils, and a range of scholarships and bursaries are available. In fact, one in three pupils receive financial help from the school and/or external sources, the value of which is £900 million, an increase of 4.9% on last year. A significant majority (85%) of total fee assistance is provided directly from the schools themselves. Scholarships are generally related to academic, artistic, sporting or other talents and can provide a discount on fees. Bursaries are meanstested financial support for eligible students and can be anywhere from 10% to 100% of fees. They mostly apply to day tuition fees rather than boarding. If you think you might need such help paying fees, then start your research early and contact the schools directly. ■

“My advice is to always keep things simple, so everyone knows where they stand. When matters are overcomplicated they can unintentionally make life difﬁcult”

FUNDING FOR THE FUTURE: Always a positive way to share family wealth

DON’T FORGET THE SEVEN-YEAR RULE Estate Planning Inheritance tax is charged at 40% on gifts given in the three years before you die. Gifts made three to seven years before your death are taxed on a sliding scale known as ‘taper relief’. When seven years have elapsed since you made them, gifts will no longer count as part of your estate. Years between gift and death

Tax paid

less than 3

40%

3 to 4

32%

4 to 5

24%

5 to 6

16%

6 to 7

7 or more

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ART & PERFORMANCE

ART OF THE MATTER Introducing Messums Wiltshire, a multipurpose gallery and arts centre located in an historic medieval tithe barn on the Fonthill Estate

NG ERI N E N IO EI A P SPAC E ART LTSHIR WI

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tithe barn was a type of barn used in much of northern Europe in the Middle Ages for storing rents and tithes. Farmers were required to give one tenth of their produce to the established Church. Many were monastic barns, originally used by the monastery itself or by a monastic grange. Built under the auspices of the Abbess of Shaftesbury in 1279, the richest and most powerful woman in the Kingdom at the time, the magniﬁcent Great Barn at Place Farm in Tisbury on the Fonthill Estate is the largest surviving structure of its type in England. It was built using the same stone as Salisbury Cathedral, albeit some 60 years later. These days the building is a pioneering multipurpose gallery that celebrates creative endeavour by displaying ﬁne art of the highest

international calibre; what’s more the locals and patrons no longer have to surrender a percentage of their earnings on the door, as it’s absolutely free to enter. The gallery is a joint venture between Johnny Messum, the founder pioneer and much-respected art world impresario, and Alastair Margadale, owner of the extensive Fonthill Estate, where Place Farm is situated. Johnny lives locally and has been aware of the site for a number of years: “The barn became untenable as a farm building but it is an important structure, and hopefully using it this way opens it to the public. Making is non-verbal language and something that is ubiquitous to us all.” In recent years the Great Barn has been extensively restored to its truly awesome former glory, under the careful stewardship of Alastair and estate manager Simon Fowler. The barn has ﬂoor space of over one third of an acre, which back in the day would have stored a heck of a lot of tithes, and now is able to hold substantial works of art. A particularly pertinent case in hand is Roots Up, an exhibition of work by innovative British-born, now New Yorkbased artist Judy Pfaff (showing until November 26), who created the biggest piece of installation art seen outside of the Tate Modern, all 70 ft of it. The exhibition was the culmination of two years’ work inspired by Stonehenge,

Salisbury Cathedral and the ancient forest of England, as well as a direct response to the Great Barn itself. There is no denying that her wonderfully dynamic sculptural work responds spectacularly to the place and the surrounding area. “There is something very special about this area,” enthuses Judy. “When Johnny Messum said he’d like me to do a show in England, in a medieval barn, I came here for two days to see if he was telling the truth and to look at the place – and it was beyond breathtaking!” Indeed, one of the factors which makes Messums Wiltshire so pioneering and inventive is that the setting itself is proving to be an inspiration to the artists who are exhibiting here. The Great Barn not only houses the art but inspires it as well. As Johnny explains: “It’s a building that was made by hand and has been part of the cultural and creative history of Wiltshire. It lends itself perfectly to being a centre for both the handmade craft industries and creativity as a whole in the South West.” “Lots of art spaces are what I would describe as top down, where you parachute in international art. Here, however, as with Judy’s show, it’s a ‘roots up’ concept. Drawing on the creativity around, the building is the starting point for creativity. It has the alluring power to inspire artists to do unique things.”

“I came here for two days to look at the place – and it was beyond breathtaking!” Judy Pfaff, renowned installation artist

ARTISTIC ALIGNMENT: Tisbury & art’s earliest connections Tisbury, often called the capital of the Nadder Valley, is in an Area of Outstanding Natural Beauty sitting on the edge of the chalk ridge that crosses southern England. Although it’s hard to imagine today, millions of years ago the area would have formed part of a coral reef. It is also reputed to be the source location for some of the earliest evidence of art in Britain and of our distant ancestors. A piece of coral unique to Tisbury was discovered with the remains of a 400,000-year-old

ancestor 100 miles east of Tisbury in Swanscombe, Kent. The coral, known as Starred Agate, has been interpreted by academics as representing the proﬁle of a hominid head and possibly two animals, leading to it being described as one of the earliest examples of “art as human behaviour”. Certainly it indicates the ability among our distant ancestors to invest inanimate objects with aesthetic importance, which is the building block for our use of art today.

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ART & PERFORMANCE

Other artists and projects inﬂuenced by the experience of the building include the esteemed Sadlers Wells choreographer Russell Maliphant, who completely reworked a piece for his internationally renowned dance group to perform after seeing the space. Noah Mosley, a young composer and music director, has written a fantastic new opera called Mad King Suibhne which was originally designed to be performed in a barn setting with internal wooden structures. And celebrated Canadian light installation artist David Spriggs is also exhibiting a specially commissioned show, Material: Light, Light which has the central point of the primacy of the sun, a powerful subject that is perfectly apposite in context to the landscape around Wiltshire. It’s not only artists who are inspired by the place, and the people of Tisbury

and surrounding areas are rightly proud of such an ambitious and inspirational venture located on their doorstep. As Johnny explains: “There are a lot of people locally who are interested, engaged and curious about what we are doing here. We are terriﬁcally proud to be part of Tisbury, and hope they are proud to have us here. To put on unique performances and exhibit works of art of international standard which doesn’t require you to go to London is a powerful thing. It illustrates how the art world is developing and changing.”

Messums Wiltshire is a commercial venture and success is obviously measured in terms of return on the artworks sold. However, Johnny believes there are other metrics in play: “I always believe that achievement can be measured by how quickly the message of a show is translated into what people are telling back to you. The more time you have to explain the show, the less successful it is.” The same metric must also be true for Messums Wiltshire itself, whose clear message is to carefully curate international-standard art and

“Using the barn in this way opens it to the public. Making is a non-verbal language and something that is ubiquitous to us all.” Johnny Messum, pioneer founder

MAIN PICTURE:  Rising Form VI by Dominic Welsh Photograph: Steve Russell

THESE PAGES:  The Long Gallery Photograph: Iain Kemp  Still Water by Nic Fiddian-Green Photograph: Stephanie Rennie

 Performance of Conceal | Reveal by Russell Maliphant  Roots Up by Judy Pfaff Photograph: Iain Kemp

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What’s on at Messums Wiltshire Forthcoming events and exhibitions at the Great Barn

Roots Up | Judy Pfaff On now – 26 Nov Pfaff’s sculptural installation is a dynamic ode to the creative strength of a landscape that inspired Stonehenge, Salisbury Cathedral and the ancient dwellings of England. Made of wood, chalk, stones, root balls from 300-year-old Sycamore trees and found modern materials, it is a celebration of the creative vitality of this area of Wiltshire best known as Cranborne Chase.

performance in an awesome and iconic setting for all, artists and patrons alike, to experience and be uplifted and inspired by. Johnny’s longer term vision is that Messums Wiltshire will become a cultural institution in the South West of England showcasing modern and contemporary art, design and performance, while also providing educational lectures and workshops as part of its exhibitions and events programme throughout the year. He’s come this far, and we’re certainly not betting against him. ■

Mad King Suibhne | Noah Mosley 30 Nov – 2 Dec Mad King Suibhne is a new opera by Composer and Music Director Noah Mosley. Based on an Irish poem that was probably compiled in the twelfth century, it explores what happens after King Suibhne kills his childhood friend during a battle. Accompanied by a ten-piece orchestra, the opera was originally designed to be performed in a barn setting with internal wooden structures. A Wessex Scene 2 Dec – 31 Dec A Wessex Scene is a remarkable collection of paintings, drawings and etchings that illustrate the rich history of the ancient south-western region. Artists in the show include David Inshaw, James and Kate Lynch and Norman Ackroyd, an artist known primarily for his etchings and one of Britain’s most celebrated contemporary printmakers. His wonderfully atmospheric and expressive etchings of The Fonthill Estate and the local landmark Wardour Castle capture the way that the fog sits low on the hills in the area, adding to its mystery. Material: Light | David Spriggs 9 Dec – 4 Feb Light is the muse of Material: Light, a new exhibition, where its diverse meanings are encapsulated in a specially commissioned installation. Spriggs’ show will feature ‘Vision II’, a 5m x 5m x 2m light installation celebrating the experience of light, as well as evoking one of our most elemental of relationships.

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FOOD & SOCIETY

FOOD FOR

thought Elizabeth Pollard is Chair of the Trussell Trust, founded in Salisbury and the only national network of foodbanks in the UK. Food poverty can be closer to home than people think, she explains…

HOW CAN YOU HELP? ● Make regular donations via your local supermarket ● Give to or arrange Harvest collections in schools and churches ● Leave a gift for the Trust in your Will ● Make a donation via the website www.trusselltrust.org ● Become a volunteer ● Follow us on social media

ou don’t have to be on beneﬁts to need a foodbank,” says Elizabeth. With busy lives, it’s easy for any one of us to fall into the trap of thinking – especially in privileged areas like Salisbury, Dorset and Bath – that everyone around you is doing okay, but you have to open your eyes, she says. “We have people in insecure work coming to us for food parcels to be able to feed their families because they don’t know what hours they’ll be getting one week to the next. We have people who are on the minimum wage, with high rents and travel costs, who are falling into food poverty. And, with beneﬁt delays and the rollout of Universal Credit, we are sadly seeing increasing numbers of people struggling.”

same all over the country. There are pockets of poverty everywhere.” In the year 2000, Paddy ran his ﬁrst foodbank pilot in Salisbury. “We collected three quarters of a tonne of food at Waitrose in Salisbury and that was the start: food from Wiltshire collected by people in Wiltshire and given to people in Wiltshire. “Even though we are now a national organisation with over 400 franchises, our motto is still ‘collecting in your area for people in your area’. “We used Paddy and Carol’s shed to start with, but soon opened our ﬁrst shop in Bemerton Heath. We had a foodbank warehouse there, a garden where we could grow produce to give to people, and a place to offer them a coffee and a chat.”

CLOSER TO HOME

FROM SMALL ACORNS…

The Trussell Trust was set up in Salisbury in 1997 by Paddy and Carol Henderson. Paddy had retired from the Army and was working in food relief in Bulgaria. Elizabeth, a friend of the couple and Trustee since the Trussell Trust was founded, says: “I think there was an article about Paddy’s work in Bulgaria in the Salisbury Journal which prompted a local lady to call him and tell him that people were also struggling much closer to home – in Salisbury – and that there were children going to bed hungry.” The perception that Salisbury was a privileged area was turned on its head when the team researched the area and found out that one of the poorest wards in England was on its doorstep. “We were so shocked there was food poverty in Salisbury, but there was and it’s the

…great oaks grow, and the Trussell Trust now – at 20 years old - has 425 foodbanks around the UK. People get referred from other services like Citizens Advice, their GP surgery, the Job Centre and schools, and they are given a voucher to take to the foodbank and exchange for a food parcel. “We feed people in crisis,” says Elizabeth. “When we set up the Trust, the idea was to feed people for three days and four breakfasts in a food parcel because that was how long it took for the Government to set up their beneﬁts.” How times have changed. It now takes up to six weeks for people’s Universal Credit to start (UC rolls all beneﬁts into one single payment) and people are paid monthly, so if they have been used

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to receiving money every week, the sudden wait can mean rent arrears and various other problems. “You only need a couple of large bills – a broken boiler, new school uniform, etc – and it can push people over the edge,” says Elizabeth. “It’s a matter of being there for people. If they can come in, be given coffee, compassion, practical help and not be judged, that’s a good thing. We walk the journey with them and try to improve their situation.”

Three areas of focus The Trussell Trust is holding a 20th birthday party soon – a chance to thank their generous donors, of whom there are many. Many corporates donate products and money where they can. Chocolate company Lindt, for example, donate pallets full of chocolates now and then, and many others offer products that have had their labels put on upside down. Looking forward to the next 20 years looks daunting, given the current situation, but the Trust has three clear areas of focus: “First, we are campaigning around food policy, hoping to bring change and improvement,” says Elizabeth, “second, we want to expand our foodbank network, and third, we are focusing on our More Than Food programme, increasing the services that are available at the foodbank, including cooked meals, job centres, debt centres, clothing shops, and our Eat Well, Spend Less courses.” ■

MORE THAN FOOD: The Trust is planning to increase the services they offer

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RUSHMORE ESTATE

RUSHMORE’S RENAISSANCE

Set in the heart of Cranborne Chase, Rushmore Estate embodies the legacy of the Pitt Rivers family in the 21st century

hen Thomas Hardy visited the Rushmore Estate in 1895, he described the gardens as “quite the prettiest sight I ever saw in my life”. Today, his sentiments are echoed by Assistant Agent Eric Parker: “It is one of the most beautiful estates I’ve ever seen,” he says. And, having had the good fortune to see it myself, I wouldn’t argue with either of them. On his visit, Hardy met and danced with Agnes Grove, youngest daughter of the owner, Augustus Henry Lane Fox Pitt Rivers. He was very taken with Mrs Grove, and his poem ‘Concerning Agnes’ was inspired by their encounter. Agnes’s father had inherited Rushmore in 1880 and set about establishing a deer park and ornamental parkland. He went on to create a space, then called Larmer Tree Pleasure Grounds, for the Estate workers to enjoy with their families on Sundays. It

became Larmer Tree Gardens, and then simply Larmer Tree, and is part of the 7,000-acre Estate that nestles within Cranborne Chase, an ancient deer forest where King John came to hunt. The lodge at Rushmore, now King John’s House, dates back to 1240. It was until recently the home of William Gronow Davis, who spent his time ensuring the wishes of Michael Pitt Rivers, who died in 1999, were met to preserve the legacy of his great grandfather Augustus. After William’s death in 2015, the house was let as a holiday home and lettings began in June 2016. With eight bedrooms and seven bathrooms, it sleeps 15 and is often used for wedding guests, special celebrations and family parties.

CONSERVING THE PAST Today, several elements combine to carry on the legacy of the Pitt Rivers family and ensure its continued place

in the heart of the community. It has around 2,300 acres of arable farmland and 1,300 acres of pasture on which is a flock of more than 1,300 ewes. The majority of this is an SSSI (a Site of Special Scientific Interest). The Estate also contains one of the largest areas of semi-natural broad-leaved woodland in southern England, and a major restoration programme has resulted in the woods being recognised as a wildlife site of national importance. In addition to the woodland and the farmland are some spectacularly beautiful valleys where the shooting rights are let. “The topography of the land here, with these valleys, means the shooting is first class,” says Eric Parker, Assistant Agent. And it doesn’t stop there. The Estate lets former farm buildings to a number of local businesses and 73 cottages to individuals and families. It also

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LARMER TREE A place to meet and celebrate ORIGINS: The original Larmer Tree is thought to have been a wych elm and marked the spot where King John met his huntsmen. Now an oak stands in its place. OPENING: Created in the 1880s, the 11-acre gardens were the ﬁrst to be opened for public enjoyment. English Heritage has since designated the space a Garden of National Importance. FESTIVALS: There are two festivals each year: The Larmer Tree Festival in July and the End of the Road Festival in September. For more information, visit larmertreefestival.co.uk and endoftheroadfestival.com.

M IT: VIS UK.CO E R O ORE HM RUS FOR M TION A ORM HE INF OUT T AB TATE ES

has the facilities to put on weddings, festivals and a number of other events throughout the year in the beautiful Larmer Tree gardens (see box opposite), it hosts the Portman Horse Trials, and has an 18-hole golf course offering excellent practice facilities, which include a large driving range with ﬁve covered bays, a practice chipping bunker, a generous putting green and a top-class restaurant.

LOOKING TO THE FUTURE With its new incarnation as a holiday home, King John’s House itself has a new lease of life. This summer it was booked by an American family, who holiday together every year and took the house for a week. They ranged in age from a baby to an 88-year-old man, and included eight children who, according to Estate Secretary Becky Bevis were heartbroken when they had to go

home. “It’s the most incredible place for children,” she says. “And on the last day the elderly gentleman said: ‘We’ve travelled the world, but this is by far the best holiday we’ve ever had.’” I think the story would please Mr Gronow Davis, who worked so hard to carry on the good work of Michael Pitt Rivers and Michael’s great grandfather Augustus. As well as being the owner of the Estate, Augustus was a pioneering archaeologist and his collections can be found in Salisbury Museum and Oxford’s Pitt Rivers Museum. He, too, would be delighted to see his pleasure gardens being made such good use of by the public. “We welcome everyone,” says Gail Thomas, events organiser for Larmer Tree. “And we don’t worry about visitor numbers, because we’ve got the space.” So, now you know: there’s no reason to stay away. ■

WEDDINGS: Larmer Tree hosts between 40 and 50 weddings a year, accommodating 150 for dinner and up to 250 in the evening. The building of a new pavilion in 2014 means weddings can take place there all year round. EVENTS: Events include an Easter Trail, a Halloween Spooktacular, a Wedding Fair and a Victorian artisan fair. Don’t miss this year’s Christmas Fair: Fri 1 Dec, 6 to 9pm, and Sat 2 and Sun 3 Dec, 10am to 4pm. For more information, visit www.larmertree.co.uk

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FOOD & DRINK

Hampers &

CHAMPERS

Shaftesbury-based ﬁrm Virginia Hayward has gone from strength to strength since their early days running the business from the kitchen table

ike all the best companies, Virginia Hayward was founded on the kitchen table in the family home and was born out of a sense of disgruntlement. As Marketing Manager Alix Haysom, the daughter of founders Geoff and Gin Hayward, told us: “They received a hamper as a present one Christmas and they really weren’t very impressed with it.” Having farmed for years, the husband-and-wife duo had been looking for an idea for a business and this bad hamper turned out to be a gift. “The company has been going since 1984 and it is still family-owned and family-run,” says Alix. “I remember

hamper xury Christmas

ight lu The Twelfth N

the hampers being packed on the kitchen table and the house being stuffed full of products in the months leading up to Christmas. It’s amazing how it’s developed from those days.” It quickly became clear that Geoff and Gin had fantastically complementary skillsets – he was a natural salesman who became the outward face of the company and Gin was more hands-on at making things happen. The hamper company is now based in Shaftesbury. It employs 65 staff and that number more than doubles during the Autumn and in the run-up to Christmas. Despite the extremely

Geoff and Gin

with their son

seasonal nature of the hamper trade – 90% of its sales are on Christmas gifts – it’s a year-round job. Alix continues: “We meet food suppliers in January and then our ranging starts in the Spring. We look at all of our 150 hampers and ensure the product offering is kept fresh from year to year. Nobody wants to get the same things in a hamper that they got the previous year.” Although the company sells hampers to anyone from individuals sending personal gifts to sole traders and small companies thanking valued clients, the majority of its business comes from large corporate names who come back year after year. “A hamper is a great

Sam The Gourmet food hamper

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corporate gift, and I think that is one of the reasons the company has stood the test of time while the economy has ebbed and ﬂowed over the decades. Companies like to give their employees or their clients gifts at Christmas time and it’s one of the last things to go in a recession.” Virginia Hayward lists 150 hampers on its site and prices range from £14.99 to £750. “We strive for incredible value for money,” says Alix. “We’ve recently seen growth in our newer, more specialist hampers like gluten-free and diabetic selections. We have lots of white-label customers where we brand our hampers to suit the clients’ needs.” The company launches its Christmas range on 1 September each year and then its year-round collection on 1 January. You can organise delivery anywhere in the UK and Europe and if you need to send a gift to someone in the States or Australia the team has trusted hamper partners that they work with worldwide (www.virginiahayward. com). The last order date for Christmas hampers is 21 December.

SAME SAME BUT DIFFERENT Virginia Hayward is now run by Gin and Geoff’s son Sam. “They still take a very keen interest in the business but they are very much on the consultancy side these days,” says Alix. “Once we moved all the operations to the new site at Littledown in 2015, we were able to give them their home back again.” Much has changed since those days in the 80s when the small team would turn up at potential clients’ doors with hampers to show. Now the company has a wonderful website through which it makes a large number of sales, but it also has strong personal relationships with all of its main clients who come back year after year. To what does Alix attribute the success and the loyalty? “Our attention to detail is something we do very well. Whether it’s a sole trader or a FTSE 100 company, we always maintain the highest standards. We are very picky about our presentation and we put all our products through stringent testing before they leave the building. We also try to make our packaging as kick-proof as possible to protect hampers from the rougher couriers!” ■

THESE ARE A FEW OF MY FAVOURITE THINGS 1. BUBBLES Whether it’s Prosecco or Champagne, a bottle of bubbly won’t last long in any fridge. 2. PANETTONE The perfect accompaniment to a hot chocolate in front of a roaring ﬁre. 3. LUXURY COFFEE What’s nicer than a leisurely breakfast with a pot of the ﬁnest freshly brewed coffee? 4. SMOKED SALMON Whip up a special breakfast such as Eggs Benedict or keep it for lunch as an open sandwich with cream cheese. 5. CHEESE Talking of cheese, no celebration is complete without a near constant carousel of cheeses. 6. SAVOURY BISCUITS Will you go bold with red chilli or do you prefer the subtlety of black pepper? 7. CHOCOLATE Milk, white, dark, wrapped around fudge, laced with liqueur… we could go on and on. 8. CHUTNEY A full range of chutney is required to perk up a turkey sandwich, to go with a moody cheese or to sit well with the Christmas ham. 9. NUTS Great with wine or as a snack… they’re just so moreish! 10. PORT An irresistible end to a glorious evening. Your loved ones will thank you for slipping this in the basket.

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ADVERTISING FEATURE

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ADVERTISING FEATURE

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which are available from both our Salisbury shop and online. Regent also offer a semi-bespoke tailoring service. A semi-bespoke service, which is frequently referred to as made-to-measure, yields results that are just as good as a fully bespoke tailor, but at a fraction of the cost and with far fewer fittings after the customerâ&#x20AC;&#x2122;s measurements have been taken. Regent have access to a vast range of cloth, from esteemed weavers such as Lovat Mill, Holland & Sherry, Dugdale Bros. and Harrisons.

07/11/2017 12:01

SALISBURY CATHEDRAL

MICE MANUSCRIPTS AND

Salisbury Cathedral Archivist Emily Naish looks after some of the most important documents in the land. But her job also has a less serious side

t isn’t every day you come across words such as ‘cartulary’, ‘consuetudinary’ or ‘inspeximus’, but for Emily Naish, Salisbury Cathedral Archivist, they are just a part of her daily routine. Emily is responsible for the 20,000 plus documents in the Cathedral Archive and around 10,000 books in the Library, one of which dates back to the 9th century. The books include 60 handwritten manuscripts produced by scribes on the Cathedral’s previous site at Old Sarum. “Building started here in 1220, so some of the books

in the Library are older than the building,” says Emily. The most famous document is the Magna Carta – one of four surviving examples from the original 13 distributed by King John to England’s 13 bishops in 1215. But the earliest is a charter issued by King Stephen in 1136, setting out the rights and responsibilities of the Church. “It hasn’t captured the public’s imagination in the same way as Magna Carta,” says Emily, “ but it’s a very important document relating to the history of the Church at that time.”

MEDIEVAL TO MODERN One of Emily’s tasks is to make the Archive more accessible, and to do that she has set about improving the catalogues – something her assistant Helen has helped her with over the past couple of years. Emily also gives talks about the collections and arranges for school groups to visit. An item that always goes down well with the schoolchildren is a dead mouse squashed between the pages of a Latin textbook from the 1870s. Another textbook has the rather chilling inscription: “The 1st mouse we

2 3

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killed was August the 2nd.” “I’m not sure why the boys did this,” says Emily, whose predecessor came across the gruesome finds as she was cataloguing the books. “I imagine they were just bored with learning Latin!” A recent project that aimed to bring the collections closer to the public was called Animating the Archives (www. animatingthearchives.co.uk) and was funded by the Heritage Lottery Fund (HLF). For it, the Cathedral invited five community groups to visit the collections and collaborate with five different artists to produce creative work inspired by what they saw.

GLOSSARY  Cartulary: A medieval manuscript roll containing transcriptions of original documents relating to an ecclesiastical establishment.  Consuetudinary: A book containing the ceremonies used in the services of a monastery, religious order or cathedral.  Inspeximus: Latin for “We have inspected”. This word conﬁrms that a royal grant has been made in the past.

Another project, also funded by the HLF, has the goal of getting all the catalogue information from the Archive and the Library onto one system so people can browse it remotely. Named Beyond the Library Door: Sharing Books and Bindings, the three-year project, which will bring the collections into the 21st century, will also involve cleaning all the books in the Library, and will include Discovery Days for the public, exhibitions and workshops.

CARE AND CONSERVATION Emily divides her time between the Chapter Ofﬁce, where the Archive is kept, and the Cathedral itself, which houses the beautiful medieval Library. The two environments have very different conservation issues. In the Archive store is a map chest containing photographs, a box containing the old catalogues and envelopes with brittle yellowing sheets inside, and a large room where boxes on sliding shelves hold thousands of documents, many on parchment:

correspondence, Chapter meeting minutes; parish records; baptism, marriage and burial records; bills from building suppliers and documents relating to property in Salisbury, together with scrapbooks full of newspaper cuttings. “Damp can be an issue in here,” says Emily. “So now, as we go through cataloguing the records, we put them into new archive-friendly envelopes and boxes, and record any repair work that might be needed.” In the Library, sunlight is the problem. “Sunlight has faded the bindings on the books, so we had UV ﬁlm added to the window glass,” she says. “One chap cut out individual pieces to ﬁt each diamond. It took ages, but it reduces UV light by 100% and visible light by 30%.” For Emily Naish, however, nothing seems to present a real problem – not even those pesky Latin words and medieval terms she comes across every day. For our interview with Emily please see page 38. ■

HISTORY PRESERVED 1 Detail from an illuminated manuscript of 150 Psalms illustrating the letter ‘D’

2 Cover of a handwritten report on the Cathedral by Sir Christopher Wren

3 The seal from a royal charter 4

issued by King Henry II sometime between 1155 and 1161

5 6

4 Inscription found in a Latin textbook: “The 1st mouse we killed was August the 2nd.”

5 Remains of a mouse found in another Latin textbook from the same local school

6 Detail of a drawing from Sir Christopher Wren’s report on the fabric of the building

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SALISBURY CATHEDRAL

A WOMAN OF LETTERS

BY THE BOOK: Emily looks after the Library as well as the Archive

Salisbury Cathedral Archivist Emily Naish likes her job so much she takes it home with her

Q A

How long have you been doing the job of Salisbury Cathedral Archivist? About three and half years. My predecessor was a librarian, but the prospect of Magna Carta’s 800th anniversary coming up in 2015 encouraged the Cathedral to employ an archivist. My ofﬁcial title is Salisbury Cathedral Archivist but I also have responsibility for the Library.

Q A

What is the earliest document in the collection and when does it date back to? The earliest one dates back to 1136 and is a charter issued by King Stephen about the rights and responsibilities of the Church. And the archive collection goes right up to the present day, so we have electronic records as well. I believe the earliest book in the Library dates back to the 9th century, but I’m sure we’ve also got a bit of a book from the 8th century.

Q A

What is the most historically significant piece you look after – the Magna Carta? Yes, it would have to be the Magna Carta. But the collection as a whole has a lot of material dating from the medieval period, which as a group is very significant. We have a number of charters, including Magna Carta and the King Stephen charter, and we have a lot of records relating to the leasing and ownership of property from the medieval period, and that’s quite a significant collection, particularly for the history of Salisbury at that time.

Q A

Can you tell us what a typical day at work would be like for you? I spend some of my time answering enquiries. When someone is researching a person, event or period in history, they sometimes get in touch to ask if we’ve got anything that might be useful to them. If we do, I can make an appointment for them to come and look at it. We also get genealogical enquiries about people whose relations lived in the Close, or were employed at the Cathedral. I might do a bit of cataloguing, and yesterday I spent the afternoon processing oral history interviews from a recent project. I also do tours of the Library and every two to three months I give talks in the Cathedral about items in the collection.

Q A

Do you work fairly closely with other departments in the Cathedral? Yes and I’m trying to encourage other departments to give us their documents when they’ve ﬁnished with them, so we can keep them for the future. That hasn’t happened as much as it should have. Also one of the reasons we did the oral history project, which was interviews with volunteers, was to make sure the Archive represents all the different people involved with the Cathedral. It’s a nice contrast to the ofﬁcial records.

Q A

What would be your favourite part of the job that you do here? I like working with the volunteers. The Cathedral has about 700 altogether. Around 10 to 15 volunteer just in the Library and Archive and maybe another 10 to 15 work with us and also volunteer as guides. They’re extremely knowledgeable and help you get a lot more done than you would have been able to on your own!

Q A

How do you relax at the end of a busy day working with the Cathedral archives? I go to a Latin class! And I’ve just taken up bell ringing at St Thomas’s Church in Salisbury. Before I worked here I didn’t need Latin because the documents were much more recent, but it’s useful when you’re dealing with documents in Latin to have a general idea of what they say. There’s a lady who lives in the Close, a retired archivist, who teaches in her spare time. She volunteers with us as well and helps translate some of the documents.

Q A

Apart from your work here, do you have any plans for the future? I’d like to do some research into the history of the archives and how they’ve been managed over the years. I’d like to look at the links between our collections and those kept at the County Record Ofﬁce, and also at collections about the Cathedral held in other places. I’m interested in how they used to store documents in medieval times. Where did they keep them? What categorisation did they use? How did they number things? Strange things only an archivist would be interested in!

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Legislation, taxation, internationalisation, regulation... Need help cutting through the red tape? As one of the top-ranked private client law ďŹ rms in the country, Wilsons brings clarity and structure to the personal affairs of UK and non-UK individuals, entrepreneurs, landowners and trustees. To ďŹ nd out how we can help you please get in touch. wilsonsllp.com t.01722 412 412 enquiries@wilsonsllp.com

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DIRECTORY

NEWS, INFORMATION, RESOURCES AND A CHANCE TO MEET THE WILSONS TEAM

COMMUNITY

Salisbury’s got talent Wilsons was just one of the organisations who signed up to Corporate Choir, part of the community programme at this year’s Celebrate Voice festival. It certainly became a lunchbreak to remember…

ABOVE: The Wilsons choir was in full voice, as were the wonderful Opera della Luna

Wilsons has long been a supporter of Salisbury’s unique Celebrate Voice festival. This year it wasn’t just about sponsoring and attending the 10-day programme of concerts and events that bring together award-winning international singers with the local community in Salisbury. It was about getting involved too! You could have heard a pin drop when Wilsons staff were first asked to volunteer for the Corporate Choir event. But, as Holly Britten says: “We felt quite exposed singing in the foyer of the Wilsons office, but all of a sudden we were sounding like a real choir.” Corporate Choir was a chance for local businesses, charities and organisations in Salisbury to get together to form a choir. The ensemble, which rehearsed together during a couple of lunch breaks in October – hosted by Wilsons and led and coached by Celebrate Voice musicians including festival founder Lynsey Docherty – then took its new-found voice to the streets of the city centre to perform the first ever flashmob sing-song! Holly says: “We’d just begun to enjoy the bonding experience of singing together and

then we were thrown out in the streets for an impromptu performance. It was a fun experience and, who knows, this could be the start of a permanent Wilsons choir!” The Corporate Choir sang a few songs including Barbara Ann by The Beach Boys and Stand by Me by Ben E King.

Celebrate Voice Wilsons likes to support local events where possible and this year the firm chose to sponsor Tales of Offenbach at the recent Celebrate Voice festival. Performed in English at Godolphin School for Girls, the hilarious performance from Opera della Luna was a combination of two one-act operettas, Croquefer and L’ile De Tulipatan, a blend of spoken and musical comedy, with echoes of Blackadder and Monty Python-esque humour, and a professional chamber orchestra. Organisers dubbed the evening a cultural collision and urged people to bring their own alcoholic drinks to enjoy during the performance, described as ‘Glyndebourne meets shady curry house’.

“Lovely acoustic in Wilsons reception area made it great fun for a rehearsal and singing in the street was a new experience” Ann Cory

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TRUSTS

A matter of trust This Autumn has seen some important changes to the way people register trusts with HM Revenue & Customs (HMRC). A trust now needs to be registered online using HMRC’s Trust Registration Service (TRS) where the trustees have incurred a UK tax liability in a given tax year. In a nutshell the new system:  means trusts must be registered online rather than using a paper-based system  applies for all taxes rather than just income tax and capital gains tax (namely inheritance tax; stamp duty land tax; stamp duty reserve tax; and land and buildings transaction tax (Scotland)  asks for more information about the trust than the old paper based system

All trusts which incurred an income tax or capital gains tax liability for the ﬁrst time during tax year 2016/17 need to be registered on TRS by 5 December 2017. All other trusts which have made selfassessment tax returns for earlier tax years or which incurred a stamp duty land tax or an inheritance tax liability (other than on the ending of the trust) during tax year 2016/17 (but not an income tax or capital gains tax liability) will need to register on TRS by 31 January 2018. If you are a trustee, it is advisable to seek professional legal advice to conﬁrm the extent of your legal obligations under the new Regulations. You can contact Sue Hickley or Joyce Salkeld at Wilsons if you have questions regarding the full impact of changes.

TEAM NEWS

NEW JOINERS (L-R) Elizabeth Thompson Senior Associate Commercial Property Nicola Bushby Senior Associate Probate & Estate Administration

NEW WILSONS WEBSITE

FRESH AND FUNCTIONAL The new Wilsons website is live, incorporating a fresh, new look with better search and usability. Please note that Wilsons is changing its domain name to www.wilsonsllp.com on 13 November 2017. There will be redirects in place but be aware all email addresses will change to ﬁrstname.lastname@ wilsonsllp.com on the same date.

NEWLY PROMOTED (L-R) Ben Smith Solicitor Tax & Trusts Natasha Letchford Solicitor Employment

A CAFFEINE & CAKE FIX The World’s Biggest Coffee Morning is an annual nationwide fundraising event organised by Macmillan Cancer Support. At the time of going to press, this year’s caffeine-and-cake fest (held on 29 September) had raised over £15.5m to help provide medical, emotional, practical and ﬁnancial support to people living with cancer and their families, and Wilsons contributed to that total by raising £772! Wilsons would like to thank everyone who made, bought and ate cakes that morning.

Laura George Chartered Legal Executive Family Sue Pritchett Senior Licensed Conveyancer Farms & Estates Tim Olliff-Lee Associate Farms & Estates

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DIRECTORY

COMMUNITY

Community service Wilsons employees really make the most of their days in the community. This issue we catch up with Claire on her tough cycle challenge, and Jenifer, to find out how she herded over 20 children around the Houses of Parliament! Jenifer Martindale: In September I went as a parent helper with our local school to the Houses of Parliament. The school had won the trip as part of a ballot which was open to schools across the country. We arrived at about noon and after going through security where we, and all of our bags, were scanned, we were introduced to our tour guides. We followed the path the Queen takes at the State Opening of Parliament, from where her golden carriage arrives (at

the base of Victoria Tower), up the steps (surrounded by marble busts of all former prime ministers) and into her Robing Room. From the Robing Room we walked the length of the palace taking in the Royal Gallery, the House of Lords (where we weren’t allowed to sit on the benches), the Central Lobby, the Commons’ Lobby (where we found our MP’s pigeon hole), the “No” chamber and the House of Commons. The children were all really well behaved and asked lots of good questions as

ABOVE: Claire and crew cycled from Salisbury to Bideford

well as showing a surprising knowledge about Parliament and democracy. Something I found really interesting was that a number of bells are rung throughout the palace (and including some in nearby restaurants/pubs) when it is time to vote in the Commons. The MPs then have 8 minutes to get back to the Commons to be able to vote. If they don’t make it then they can’t vote. Our tour ended in Westminster Hall which was built in 1097 by William the Conqueror’s son. It is the oldest building in Parliament and the only place where photos can be taken on the tour. I really enjoyed the day, but it was fairly stressful being responsible for so many children and I now have even more respect for our teachers! Claire Bennett: I cycled 140 miles from Salisbury Football Club to Bideford Football Club as part of a sixstrong team called Charlie’s Cycling Circus, raising money for Children with Cancer UK. We started at 7am on

Friday heading to our first destination in Tiverton. We cycled 90 miles that first day with part of our route on the A303 – it was a relief to get onto some of the quieter back roads where it didn’t feel quite so likely that we would be hit by fast moving vehicles at any moment! Our progress was updated on Spire FM which boosted the donations by around £600 throughout the day on that day alone! Getting on the bike the next day wasn’t quite so easy, especially when tired and facing the prospect of the hilly route ahead – and when I say hilly, I mean VERY hilly. Despite the difficulty of the ride, we were graced with good weather, the views in North Devon were stunning and we met many well-wishers on the way. We arrived at Bideford Football Club at about 12:30 on Saturday afternoon. We were cheered in by Salisbury Football fans and members of the supporters club and greeted with flowers and Prosecco!

Specialist training for trustees Workshops for newly-appointed trustees to be held in February Wilsons is running its extremely popular workshop for newly-appointed trustees in February. Taking place on 8 February in the Salisbury office, the day-long training session, open to members of the public, is an introduction to charity law and governance issues. The agenda covers the powers and duties of trustees; the role of the Charity Commission; commercial issues for charities; disposing of charity property; and key accounting issues for charities. It also helps delegates understand their charity’s structure. The day’s busy schedule sees Wilsons’ experts Gillian Fletcher, James Johnson, Vicky Wilson, Jane Lonergan and Stephen Oxley team up with Sayer Vincent Chartered Accountants to give the most up-to-date advice. As Wilsons is one of the UK’s top two charity law firms, it is well placed to offer expert insight to people who are new to the role of trustee of a charity.

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LITIGATION: a fine balance of skills Debbie Ashenhurst is a Senior Associate in Dispute Resolution. Her work is varied, but her current to-do list is all about data protection

GAME ON: Litigation is like chess

Q A

What area of law do you work in and can you tell us a little bit about it? I work in the Dispute Resolution team with a focus on commercial disputes and reputation management. My remit is varied: breach of contract claims, shareholder, director and partnership disputes, restraint of trade clauses, and defamation and privacy claims. I enjoy working for a wide range of clients including businesses, schools, charities and individuals.

Q A

What is your legal background and your main areas of expertise? My background is in reputation management covering defamation, privacy, breach of confidence, and data protection. Data protection is in the spotlight right now because on 25 May 2018 the current Data Protection Act (DPA) will be replaced by a new European regulation, the General Data Protection Regulation or GDPR. This will have an impact on the way many of our clients approach their processing of personal information. How will the General Data Protection Regulation affect Wilsons’ clients? They are already doing a lot of the right things if they are complying with the DPA, but the GDPR aims to introduce a culture change. Organisations will have to demonstrate their compliance much more than before, for example by greater record-keeping, and be more accountable to individuals by providing fuller information about their data processing activities.

Q A

Does the GDPR just affect companies or does it affect individuals too? The GDPR, like the DPA, applies to anyone who processes personal data, including individuals, but it does not catch processing for purely personal or household activities. In practice, greater GDPR-compliance will be required of larger organisations or those which process data on a large scale or special categories of data, for example relating to health, beliefs or race. Many organisations will have to appoint Data Protection Officers. The main impact that the GDPR will have on individuals is that it will increase their rights to know what is being done with their personal information and to control its use.

You deal with a lot of inflammatory situations. Is it a fact of your working life? It is in the nature of the work, but we aim to settle disputes early whenever possible to avoid the expense and stress of litigation. Disputes involving individuals rather than companies or other organisations tend to get more emotional. Sometimes we can avoid a dispute arising at all, for example, where we can vet potentially defamatory publications in advance. How long have you been at Wilsons and what were you doing before? I have been here 16 months. For the previous eight years I was in the US, and before that I worked in London for many years in media litigation. When I lived in the US I had to retrain, which meant taking the New York bar exam and a Masters in Law at Georgetown University. It was a happy coincidence that when I returned to the UK Wilsons was looking for someone with my skills and experience. Can you tell us what you like best about working at Wilsons? When I came here for my interview it had the feel of a London firm (but more relaxed) and I liked that. But what I really like is the culture – it’s friendly and supportive and there is a great management team in place.

Q A

What are the key skills you use in your work from day to day? Because litigation forms the backdrop to any dispute, the way you frame a case could end up being scrutinised in court so it is important to be very precise and analytical. Dispute resolution is like chess: you have to think several steps ahead, try to understand how the other party might respond and assess how the dispute might play out in court. You also have to be tenacious and dogged to really fight for your clients’ interests. I always want to achieve justice for our clients.

TO Contact Debbie: T: 01722 427 679 E: debbie.ashenhurst@wilsonsllp.com

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DIRECTORY

“Our strengths are our wide-ranging skills and our ability to talk to anyone, whomever they are and wherever they are from”

Residential property

Directory Meet the team With a sophisticated caseload reﬂecting the varied requirements of clients, each member of Wilsons residential property team is an expert in his or her ﬁeld Tim Clayden Partner T: 01722 427 713 E: tim.clayden@wilsonsllp.com

“As the residential property market thrives, the diversity of the sales and purchases we handle expands. So whether your brief involves a three-storey home in the heart of London, or a landed estate in the Wiltshire countryside, we can apply our expertise to ensure your transaction goes through as smoothly as possible.”

he residential property team sits within the larger property department at Wilsons, alongside other teams in the department such as Farms, Estates and Landowner Development. Due to the nature of the client portfolio at Wilsons, there is often an overlap or grey area between rural and residential, and working closely with other teams in the firm is practical and sensible. The team is accredited by the Law Society’s Conveyancing Quality Scheme and its workload is wide, says Partner Tim Clayden. “We deal with property sales and purchases of all shapes and sizes, we have clients from all around the UK and abroad, and we also manage a lot of probate and charities deals.” Tim specialises in transactions involving high value country and London properties, as well as some rural and landed estate work. He, like the other team members, works for a wide range of clients, including offshore companies and trusts as well as individuals living abroad. He says: “It makes our work very varied and ultimately means we have built up a fantastic wealth of experience. From flats in Canary Wharf and new developments bought up by investors from overseas to rural sales and purchases, we are able to advise our clients on all matters. “We can react to anything and we speak everyone’s language, be they big businesses, charities advisors, first-time buyers or recently bereaved relatives,” says Tim. A case in point is Kate Penn’s client portfolio, which ranges from charities, companies with their buy-to-

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let portfolios, and executors to first time buyers and more vulnerable clients (such as those represented under a power of attorney or a Court of Protection Order and those selling their properties to move into sheltered housing or care homes).

new challenges The team has gained expertise in enfranchisement and lease extension work. Denise Owen specialises in all aspects of residential property transactions including sales, purchases, re-mortgages, transfers of equity and leasehold enfranchisement, and she is a member of the Association of Leasehold Enfranchisement Practitioners. Paul Barnes, who has recently joined the team in the London office, specialises in leasehold enfranchisement, tenancies, financing and restructuring of the holding of a property. Of course, due to its nature, the residential property team is one that will always be

needed as people will always want to buy or sell properties. However, it is also one which is very much a hostage to the economy’s peaks and troughs. “Our business does ebb and flow,” says Tim, “and there have been some unsettling boom and bust times over the past decades. That being said, we are fortunate that we do have lots of repeat instructions from existing clients and new clients who come to us via word-of-mouth recommendations. Often clients come down through generations of the same family, i.e. if the family is looking at its wealth management, there might be some restructuring of trusts, and ultimately it might involve a property purchase or sale.” There are of course new challenges around every corner, but they are challenges that the residential property team relishes. “Our strengths are our wide-ranging skills and our ability to talk to anyone, whomsoever and whatever their background,” says Tim. ■

Residential property TEAM Experts in their field who can ensure your transaction goes through smoothly

Paul Barnes Partner T: 020 7998 0437 E: p aul.barnes@wilsonsllp.com

Denise Owen Associate T: 01722 427 673 E: denise.owen@wilsonsllp.com

Kate Penn Solicitor T: 01722 427 711 E: kate.penn@wilsonsllp.com

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DIRECTORY

What we do

Directory Services Whether for personal or business services, Wilsons offers high-quality legal advice Personal Law Farms and Estates

Contentious Trust and Probate

Alison Bailey Partner T: 01722 427 560 E: alison.bailey@wilsonsllp.com

James Aspden Partner T: 01722 427 677 E: james.aspden@wilsonsllp.com

We manage the sale, purchase or letting of substantial rural properties and businesses. The team guides landowners through the process of realising their development opportunity, whilst attaining maximum potential from their asset. We also specialise in the development of predominantly greenfield sites in the South of England.

We have one of the leading teams of contentious trust and probate experts in the country. Our breadth of experience and expertise lets us provide a full service whenever difficulties arise in relation to an estate or a trust. We are known for our discreet, pragmatic approach and we regularly act for clients in mediation and other aspects of dispute resolution.

Residential property

Probate & trust administration

Tim Clayden Partner T: 01722 427 713 E: tim.clayden@wilsonsllp.com

Frances Mayne Senior Partner T: 01722 427 524 E: frances.mayne@wilsonsllp.com

We handle the legal aspects of sales and purchases of properties ranging from three-storey homes in the heart of London, to landed estates in the Wiltshire countryside. The variety of our case-load at any time could be said to mirror and represent the different levels of sophistication, and various requirements, of the clients we look after as a firm.

Our team manages a broad range of wills, probate and trusts ranging in value from ÂŁ500,000 to ÂŁ80m. Many of the wills, probate and trusts we manage hold business, agricultural and heritage assets. We liaise closely with members of Wilsons Will & Trust Disputes and International Tax & Trust teams to provide a seamless service. We also advise on mental capacity issues.

Tax & Trusts

Family

Adam Herbert Partner T: 01722 427 543 E: adam.herbert@wilsonsllp.com

Jacqueline Fitzgerald Partner T: 020 7998 0421 E: jacqueline.fitzgerald@wilsonsllp.com

Our team advises on personal affairs and the management and protection of assets. Much work focuses on transferring assets down the generations in an effective and tax-efficient manner. This includes drawing up wills and powers of attorney, forming or advising on onshore and offshore trusts or other asset holding structures, and advising on associated capital taxes.

We advise on the full spectrum of family-related matters including pre and postnuptial agreements, civil partnership agreements and matrimonial issues, including asset and pension division, trust arrangements, spousal maintenance and maintenance for children. We act for clients based throughout the South of England.

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“We’ll work tirelessly to get you the best possible results”

Business Law Company Commercial

Commercial Property

James Johnson Partner T: 01722 427 658 E: james.johnson@wilsonsllp.com

Jane Lonergan Partner & Notary Public T: 01722 427 733 E: jane.lonergan@wilsonsllp.com

We have a lot of experience helping businesses achieve their purpose, and business owners achieve maximum return, from buying or selling and getting the most from investments to restructuring and general financing issues. Whether advising a corner shop, a substantial privately owned company or an international financial institution, we are well placed to assist.

Our commercial property lawyers act for companies with significant investment landholdings, renowned educational institutions, big charities and leading professional practices. Our advice also provides value for money to entrepreneurs, start-ups and smaller businesses and we deal in lettings, developments, freehold acquisitions and disposal and more.

Education

Litigation

Stephen Oxley Partner T: 01722 427 743 E: stephen.oxley@wilsonsllp.com

Ben Thornton Partner T: 01722 427 732 E: ben.thornton@wilsonsllp.com We are particularly well known for property disputes and contentious trust and probate work, however this growing team also advises on contractual and commercial disputes, professional negligence, Court of Protection litigation, Judicial Review and injunctions. Find out more about the Litigation team in this issue’s Team Profile focus on pages 46-47.

Our dedicated schools team works with head teachers, governors and business managers on a wide variety of legal issues related to education. We specialise in advising maintained schools, academies, free schools, independent schools, local authorities and Church of England Diocesan Boards on all their legal requirements.

Employment

Charities

Anthony Edwards Partner T: 01722 427 714 E: anthony.edwards@wilsonsllp.com

Gillian Fletcher Director of Charity Law and Governance T: 020 7998 0422 E: gillian.fletcher@wilsonsllp.com

We offer a proactive and personal HR support service aimed at providing our business clients with effective and commercial solutions to assist them in recruiting and managing their human talent. The area of employment law is as fluid as it has ever been and we keep abreast of all changes in order to be able to best advise our clients.

We act for many charities, advising on law, governance and constitutional matters. We advise on the powers and duties of the trustees, compliance with the charity’s objectives and procedures in the governing documents. We have a solid relationship with the Armed Forces and their charities and our specialist legacy team is the largest outside of London.

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DIRECTORY

FIT FOR ANYTHING: Mark is hoping to write a book – when he can ﬁnd the time

Recently retired consultant solicitor Mark Hatt-Cook packs more into a week than most people do in a month

WHAT’S YOUR FAVOURITE…

THING ABOUT WORKING AT WILSONS I’ve worked in most ﬁelds of law during my time here criminal, property, trust and probate – and I’ve enjoyed the broad spectrum but the greatest thing is the people here. I had a wonderful team and it’s been great fun.

COUNTY Working with deer enables me to spend a lot of time in Dorset. If you go just a little off the main road, you are in wonderful countryside that hasn’t really changed since Hardy’s time. The ﬁelds are small, the hedgerows are alive, and there is lots of birdlife and wildlife.

WAY TO KEEP FIT I have the great honour of serving as Honorary Colonel in my regiment, the Royal Marines. That takes up a day a week and requires me to keep myself physically ﬁt. I always said I wouldn’t do the job unless I could keep pace with the youngsters who are doing their training.

THING ABOUT WHERE YOU LIVE I live in Broadchalke which is the best place; it’s a small village in a wonderful valley. It has never been overdeveloped and it’s beautiful. It has an excellent new school, a community-run shop and it is hugely vibrant.

PART OF THE WEEK I have two main things that keep me busy. As well as my work with the Royal Marines, I act as an ambassador for them which is extremely satisfying. In my role I keep in contact with my unit and HQ and I work directly to the First Sea Lord in London, so I need to be kept abreast of all naval changes. OTHER PART OF THE WEEK I run a wild deer management business and am employed by Dorset County Council via an organisation called the British Association of Sports and Conservation (BASC) to take young people out who want to learn about deer. I help them understand how deer can play a constructive part in the countryside. I also take them out stalking if they want to learn and I look after wild deer management for 35 different farms.

ROYAL MARINES

Mark serves as Honorary Colonel in his regiment

THING ABOUT THE CITY Salisbury has an air of serenity about it that comes from the Cathedral and the Cathedral Close. Salisbury has huge tourist potential – the market place is delightful and it’s a nice place to walk around.

PUB The Forester in Donhead. It’s just what you want from a rural pub – local clientele and ﬁrst-class food.

WAY TO RELAX Like most people, I have a book in me which I would like to develop. My area is Charles II and the Restoration. I’m researching it but it’s hard to strike a balance between enjoying the great outdoors and putting hours into the book!

WILD DEER

Mark manages wild deer for 35 different farms

CHARLES II

History buff Mark is planning a book on the monarch

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Newhouse on the edge of the New Forest is a beautiful location for weddings, filming and corporate events.

www.newhouseestate.co.uk | 01725 510055 | events@newhouseestate.co.uk 50-51_Directory_Mark_GR4.indd 51

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For almost 300 years we have helped our clients manage their future whilst safeguarding all that is valuable to them. To ďŹ nd out how we can help you please get in touch. wilsonsllp.com t.01722 412 412 enquiries@wilsonsllp.com

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