Prism Winter 2023

Page 1

DECEMBER 23

Jonathan Moreland talks about 25 years of Swinburne Maddison

Lighting up Durham for another Year!

John Adamson on treehouses and technology.

Better employee rights reflect our changing values.

As Durham’s leading law firm, we were delighted to be an official supporter of Lumiere 2023.

Business has changed dramatically in the last 25 years for John Adamson of Ramside Estates.

Phoebe Gogarty recaps 25 years of employment law.


ADVERTORIAL

Advent and Christmas at Durham Cathedral As Christmas draws nearer, Durham Cathedral is inviting people to experience the joy of the festive season with a programme of special services, concerts and events, in celebration of the birth of Christ starting from 24 November. Visiting the cathedral for Advent and Christmas is part of many people’s annual tradition and this year events start on Friday 24 November, 7.30pm, with Chapterhouse Theatre Company’s festive production, A Christmas Carol. On Saturday 2 December, people are invited to get together with friends and family and treat themselves to a Festive Afternoon Tea (12noon) in the stunning surroundings of the Chapter House or tuck into a Christmas Dinner with all the trimmings at 7pm in the Undercroft Restaurant. Anyone

2

PRISM

wishing to book these foodie events might also want to combine it with one of the cathedral's special services to which all are welcome. Advent Procession with carols, the first of the cathedral's special services takes place on Saturday 2 December at 6pm (repeated at the same time on Sunday 3 December) and officially marks the start of advent. These special, atmospheric services feature the theatrical procession of choir and clergy in the darkness, with only flickering candlelight illuminating their way. The Friends’ Annual Christmas Concert takes place on Wednesday 6 December, 7.30pm featuring the Durham Cathedral Young Singers, Rock Choir North East and the Consett Citadel Salvation Army Band – all performing some festive favourites. On 9 December, 7.30pm, Tidings of Joy: Christmas with the Choirs of Durham Cathedral and the EverReady Band will see all three of the cathedral

choirs perform a concert of festive classics, encouraging the audience to sing along. The ever popular Lighting of the Tree and Blessing of the Crib takes place on 10 December at 3:30pm. This special service is the chance to witness the magical moment when the 26 ft tall Norwegian Spruce tree is illuminated for the first time. While everyone is welcome at all services, this is one in particular that will get families and children into the Christmas spirit.

durhamcathedral.co.uk

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

Welcome

Contents

Welcome to our latest instalment of Prism, Swinburne Maddison’s very own publication, sharing our latest news and insights from our team, clients and local community.

This edition is particularly special as we celebrate 25 years since Swinburne Maddison opened its doors at 3 and 5 North Bailey, after senior partners at Swinburne Jackson and Moreland and Wilson Maddison decided to join forces. I have enjoyed taking a moment to reflect on our journey so far and discussing what Swinburne Maddison hopes to achieve in the future. Despite incredible growth over the years, one thing is unchanged; how much we value our people, who remain central to the success of Swinburne Maddison. Although we have grown from a team of less than 40 to 80, with 19 new recruits this year alone, we hold dear our unique culture and ethos of putting our clients first in everything we do. This year we have distilled that magic combination and launched our core values programme, four clear themes that embody Swinburne Maddison and set out our commitment to clients and our team. Our expertise and client focus continues to increase at pace and in this edition we see two of our new recruits, Amy Pyman and Phoebe Gogarty, writing informative articles about their specialist areas of law. This year has seen some notable achievements for our departments and we cover some of our corporate and commercial property successes inside. Our social housing team were named as a top tier team in The Legal 500, which is particularly impressive being only the second time we have applied for this category. The team continually

swinburnemaddison.co.uk

demonstrate their specialist experience, working with Karbon Homes, Believe Housing and Beyond Housing to name a few. In addition to our Legal 500 success across the firm, we have also been awarded the accolade of Law Firm of the Year (6 partners +) at the Northern Law Awards 2023. This acknowledgment being received in our 25th year is certainly the icing on the cake! As a firm we are incredibly proud of the close client relationships we have developed over the years. One such example is Ramside Estates, who have worked with us since before Swinburne Maddison began in 1998. Within this edition we have enjoyed speaking to John Adamson, owner of the prestigious Ramside Hall Hotel. John shares his passion for business, and talks about the team’s many achievements as well as his plans for the future. I am also grateful to our neighbour John McCabe, Chief Executive Officer of the North East Chamber of Commerce, who has offered us his reflections on business changes in the North East over the past few years and shares his pride in hosting a very high-profile visitor recently! Finally, as I write this, we are preparing for Lumiere. As Durham’s leading law firm, we are pleased to be official supporters of this fantastic Durham event and have sponsored an art installation by Adam Frelin inside The Cathedral Cloisters, more of that inside. As for next year, we look forward to continued growth and working hard to achieve our key milestones set out within our 3-year business plan. Although, I am not one for stopping momentum, as 2023 draws to a close, I would encourage the team to take a moment to reflect on what we have achieved this year and share my pride in Swinburne Maddison. As the Festive Season draws closer, it just leaves me to wish all of our team, clients and professional contacts a very merry Christmas and a happy and healthy New Year.

04 25 years of record breaking growth Jonathan Moreland reflects on three consecutive years of financial growth and 19 new staff.

08 Chamber on collaboration John McCabe, CEO of the North East Chamber of Commerce, discusses future opportunities.

10 Padel power North East’s first indoor, dedicated padel courts - to host a fast-growing new sport at Infinite Durham.

12 25 years of employment law Phoebe Gogarty, in the employment team, reflects on the changes to employment law over 25 years.

16 John Adamson on Ramside Estates The owner of Ramside Estates discusses his latest multi-millionpound investments in the business.

18 Lighting up Durham Lumiere - the biennial light festival - returned for an eighth year illuminating the city of Durham.

21 Doing our bit Supporting the local community with staff volunteer days.

22 Legal 500 leading firm A raft of top legal results secures Swinburne Maddison's position as a leading Legal 500 firm.

24 Gifting - the hurdles? Jonathan Moreland Managing Partner

We explain in depth the complexities of gifting to manage your inheritence tax liabilties.

PRISM

3


The Riverwalk, Durham

Three consecutive record-breaking financial years and 19 new members of staff - it’s a splendid way to round off 25 years An interview with Jonathan Moreland, Managing Partner at Swinburne Maddison LLP

The story of Swinburne Maddison began on 1st August 1998 with the momentous merger of two of Durham’s most distinguished law firms, Swinburne Jackson and Moreland and Wilson Maddison, bringing over 200 years of legal expertise together under one roof. What started out as four partners and less than 40 employees operating out of 3 and 5 North Bailey, Swinburne Maddison has grown into a formidable team of 80, who are now headquartered a stone’s throw away from Durham City at Aykley Heads. What remains unchanged is the team's drive to deliver an outstanding legal service for each client they meet. Today, we speak to Jonathan Moreland, managing partner of Swinburne Maddison, who reflects on the past 25 years of business, the legal industry and discusses the bright future of the firm. Firstly, welcome Jonathan. What’s on your agenda today? Yesterday was an all partner quarterly strategic meeting so I will be spending much of today pulling

4

PRISM

together the strands and action points arising from it. Although this makes for a lengthy to do list and can initially be daunting, it is also exciting and fills me with enthusiasm seeing what has been done, what is in the process of being implemented and what plans we are carrying out in the near future. I also have a meeting with our external marketing agency to discuss our business development initiatives and later I am catching up with a partner from a local accountancy firm to explore further how we can collaborate and support each other’s businesses. These meetings are interspersed with numerous conversations with other partners and members of our team. Finally, and on a personal note, I am then travelling down to London this evening to help my sister celebrate her birthday and see some friends and family. Let’s take a trip down memory lane. What was your first day like at Swinburne Maddison? My first day was on the 2nd September 1991 and on the one hand it can feel like yesterday but, on the other, it seems like a different world. I remember being pretty nervous walking into the world of

work properly for the first time – it all seemed a bit surreal. The profession and the office environment were very different to the one today. It was of course pre-mobile telephones and the internet. There was one computer in the office which was used by our bookkeeper, the telephones still had a bell ring and all transactions and correspondence were by post. That said, faxes were all the rage and would appear on a very noisy machine which spat out shiny paper, and from memory the printing used to disappear after a couple of weeks. Business moved at a much slower pace than it does today. In those days client lawyer relationships were very different. Clients would often be nervous about going to see their lawyer and, in a way, it was the lawyer doing the client the favour. Matters have moved on and it is very much the lawyer providing a professional service to the client as a consumer. Another difference was the profession was only recently coming to terms with being able to advertise their services. Advertising or marketing the firm in any way was forbidden by The Law Society and very much frowned upon. Firms were reacting to the lifting of this ban at different paces and in certain quarters, singing your firm’s praises was still almost seen as being rather cheap! Over the past 25 years the firm has seen some progressive changes, what are the stand out moments for you? The major milestones since the merger in 1998 which created Swinburne Maddison from two very long established and well-respected firms, were the-relocation from our Dickensian offices in North Bailey to modern offices in Aykley Heads, and the later rebrand, expansion and refurbishment. Other progression has been witnessing young people starting as trainees and now being partners within the business. The firm has always believed in giving more junior colleagues a chance and opportunity at sometimes a young age and this has paid dividends over the years. The firm has also progressed by hiring and developing more non-legal staff to allow the lawyers to do what they do best. The roles and importance of our non-lawyers within the firm cannot be underestimated and this has certainly moved on over the years. What challenges, if any, has the firm faced? The relocation in 2006 from the City centre to Aykley Heads has been one of our biggest steps forward but at the time was terrifying. There was no guarantee that moving our office from the centre of Durham would be a success and we did question whether our clients would follow us. That was a real challenge at the time but has worked out very much for the best. Other obvious challenges are recessions and the pandemic. However, we have always ridden storms

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

and tried to maintain a calm and measured approach throughout. During the previous recession opportunities did arise when clients were more willing to give other firms a chance of their work and realised that they did not have to instruct national firms to obtain an excellent legal service. During the pandemic we also improved relationships with clients by standing by them and showing that we would provide support and assistance regardless of what was going on elsewhere. Growth has accelerated in recent years. Has this impacted the way in how the firm operates? It is absolutely essential that however much we grow, and at what pace, we remain true to ourselves and at all times maintain our values. No matter the size we get to, we must always uphold our integrity and trust as people. The firm has to maintain its personality and culture and not become a faceless organisation that has no care for its people and clients. The quicker we grow, the more adaptable and agile we need to be and, so far, we have been able to do this. What is also important is that we have one headquarters – all of our people are under one roof – so that we can retain that “one team” mentality rather than being split into many different entities under one banner. What does Swinburne Maddison look for when recruiting? It is a cliché but what we look for is “attitude, not aptitude”. Of course, we look for technically excellent lawyers who are well qualified and experienced but, that said, the key is that they fit with us and our current team and are able to live up to our values and culture. We also look for people who are personable and those we can see will deal with our clients in a sensible and practical way and help them resolve whatever issue they bring to us. It is pointless having the best qualified and most technically able lawyers in the country if they are unable to communicate with their colleagues and clients. In summary, we look for good, solid people with integrity and common-sense - and hopefully a sense of humour! We are approaching the end of 2023. What’s been your top three highlights this year? The standout highlight for me was being awarded Law Firm of the Year at the Northern Law Awards as this was recognition of the hard and excellent work every single member of the practice has carried out over the last 12 months. It was not an award won by one individual or one department or even one area of the firm but by everyone regardless of their role and seniority. The second highlight has not only been our

swinburnemaddison.co.uk

ability to recruit some first class people but, more importantly, retain our existing excellent people. The recruitment market has been hard and competitive recently and having a stable workforce of superb lawyers and non-lawyers is a source of pride. Thirdly, and without going into great detail to breach client confidentiality, there have been some fantastic wins and successful transactions for clients over the last 12 months and this is what makes the job worthwhile – putting in all that hard work to ensure we add value to our clients and their businesses and help them achieve their goals and aims. The digital transformation is affecting all professions including the legal sector. How are Swinburne Maddison reacting to this? I must confess that this is not my strongest suit and I am sure my partners would agree! However, we are reacting to digital transformation by attempting to be ahead of the curve. We have a brilliant IT department who not only ensure we can run our day to day business safely and securely but are pro-active and innovative. They are always looking for the next development to help us progress. We have also appointed an AI champion to address what is likely to be one of the biggest issues facing the profession (and perhaps society) over the coming years. For our clients, they should receive a better, more efficient and quicker service and this is certainly our aim. We want to use technology to not only help our people work better but most importantly to improve the all-important client experience. The change in the way we work and our heavy reliance on technology also means that we can cast our net much wider in terms of working for and looking after clients. It now does not matter where they are based in this country or indeed any country as communication is so easy - geography and location no longer matters as to which solicitor you select to look after you. What is the long-term vision for the firm and how do you plan to achieve it? We are in the process of launching our next 3-year plan, having already met the objectives of our previous 3-year plan within 2 years. In essence, we want to continue to build our legal teams to ensure we provide our clients with an excellent service and experience, ensure those legal teams have good quality work to carry out and to keep them productive, build our non-legal teams to ensure that we are professionally and compliantly run and structured to enable our lawyers to concentrate on what they are good at. Finally to underpin everything we do with sound financial management. We want to continue our growth but not at any cost – it must be measured and at all times we have to

retain our stability. If, for example, the economic climate was to take a turn for the worst we need to be sufficiently agile to ensure we continue to not only survive, but thrive. A final thought… I want to sincerely thank all the people that keep the firm ticking along and progressing the way it does and that is staff, clients, contacts and our friends. We can have the best offices, technology and equipment in the world but without good people looking after great quality clients and adding value to their businesses all this would be pointless. We genuinely care about our staff and our clients because the moment we stop caring about them, they will certainly stop caring about us! The other message I would pass on is to perhaps the younger members of our team. It seems like yesterday that I was starting on my first day in 1991 and it does go quickly, so enjoy it as much as you can and work hard to ensure that you are professionally fulfilled. The firm I am in today is so vastly different to the one I joined in 1991 and to the one which was created 25 years ago so although I will not be part of it, it intrigues me as to what the firm and the wider profession will look like in the next 25 years. When I see younger colleagues joining the team now I do think that they have such an exciting time ahead of them and who knows where they could be within the firm in 2048. I am sure that the firm, the wider profession and the world generally will be very different to today but I am convinced what will not change is the importance of retaining your personal and professional values and integrity.

PRISM

5


This instruction was a great fit for us. With one of the largest corporate and commercial teams in the North.

L-R: Jessica Stevens (solicitor, Swinburne Maddison), Craig Malarkey (partner, Swinburne Maddison), David Wilson (corporate finance director, Clive Owen LLP), Gary Ellis (managing partner, Clive Owen LLP) and Steve Allen (managing director, NE&C Windows and Doors Ltd)

A successful MBO for Washington business When small business owners want to retire, it can be an unsettling time if they are not quite sure what to do with the business they have developed over the years, so it is particularly fortunate when there is a team behind you with both the skill and the appetite to take it over. Business owners Ed and Heather Ramshaw who established NE&C Windows and Doors (NE&C) in Washington 20 years ago, were in just such a position and we were delighted when we were recommended to act for the current management team by the firm’s accountants, Clive Owen, in respect of a management buy out. The business, which operates throughout Tyne and Wear, County Durham, Northumberland and Teesside, has developed an excellent reputation over the years as a supplier and installer of doors,

6

PRISM

windows and curtain walling, as well as its bespoke product range for trade and commercial businesses. Swinburne Maddison advised the current management team in relation to the acquisition of the entire issued share capital, facilitating all aspects of the transaction to completion. Corporate and commercial partner, Craig Malarkey, led the transaction with support from corporate solicitor, Jessica Stevens and trainee solicitor Niamh Wilson, while Phoebe Gogarty provided employment law advice. The instruction very much played to the strengths of our firm, as Craig explains: “This instruction was a great fit for us. With one of the largest corporate and commercial teams in the North we were not only able to draw on this superb in-house expertise, but also on our significant experience of working with corporate finance advisers and funders to facilitate

the desired outcome for all parties, which is vital to the success of a transaction such as this. “NE&C have enjoyed very strong growth and trading since lockdown and have gained many new customers by building on their core values of providing great customer service, high-quality products and competitive pricing, so it was very satisfying being able to help facilitate a smooth transition into the new company structure to secure the team’s continuing success.” Gary Ellis, managing partner of Darlington-based chartered accountants and business advisers, Clive Owen LLP, said: “David Wilson and Jenny Waters from our corporate finance team delivered the transaction and we are delighted to have been able to advise the management team at NE&C on their successful management buy-out of the business. “NE&C are a valued, long-standing client of the firm and we wish previous owners, Ed and Heather Ramshaw, well on their retirement. We very much look forward to working with the new management team as they continue their hugely impressive growth journey.” The new management team comprising Paul Readman (commercial director), Rachael ParkinWade (finance director) and Michael Massy, (operations director) is now setting its sights on the future. Steve Allen, managing director said: “As a company we have a small staff turnover, which is great for continuity and building a strong team. Our plan is to retain all the existing staff and create new positions moving forward as we grow. “We are delighted with the service that Swinburne Maddison has provided. The team is highly experienced with many MBOs to their credit, so they were able to work seamlessly with our accountants and provided excellent advice from start to finish on all aspects of the transaction and the various exits we might consider in the future, so we are now looking forward to seeing what that future might look like.” The new team has some exciting plans in the pipeline and we wish them all success in their new venture.

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

Get to know... Martyn Tennant

Partner and Head of Corporate and Commercial Tell us about your role at SM... This could take a while! First and foremost, I am head of the corporate and commercial team, which now includes 13 members of staff. Managing the team certainly takes up most of my time, along with managing my own caseload. As a lawyer, I specialise in M&A and work on transactions of varying size, from the sale or acquisition of small businesses and MBOs up to larger mid-market transactions with enterprise values up to £55m in recent years. In addition to the above, I am also an equity partner, which means that as an owner of the business, I am responsible along with the other partners for setting strategic objectives and goals. As a member of the firm’s management team, I am also responsible for delivering those objectives through day to day managerial decision making.

with the opportunities that came my way. We're all really proud of our achievements as a team, to grow to be one of the largest, most respected teams in the region. There are some big ideas that could kick the whole process on even further if they are executed correctly – that’s exciting. The first step in this process will be to operate our commercial practice as a dedicated service line and to recruit a head of commercial to progress the development of this separate team. What’s a common misconception about corporate law? I imagine it is the view that corporate lawyers are fairly boring. It is difficult to do what we do creatively or with any flair, but we try our best. I find corporate law fascinating and I don’t know any boring corporate lawyers – read into that what you will! We do have a fantastic, friendly and energetic team. We all get on and enjoy each other’s company. It makes for a great team spirit and a really enjoyable working environment; we bring that passion to the service we provide our clients. I can hand on heart say that none of our team are boring (notwithstanding Mike’s hobby for collecting postcards of canals!). Why did you want to be a lawyer and why corporate law? I’ve always been interested in business and had a natural ability at school with the subject which I went on to study at A-Level. When I decided to become a lawyer, the theme continued in the selection of my electives during my degree and whilst on the Legal

Practice Course. Subjects like business law, commercial law and M&A are all areas that felt more accessible to me and are areas in which I achieved my best results. In an early stage of my career, the opportunity arose, in what was a much smaller firm at the time, to take the lead in some corporate services offered. I enjoy working with businesses of all sizes and with individuals with different skill sets and experiences. Working in the corporate arena allowed me to do that and, the more exposure I received, the more experienced I became. It’s a really enjoyable experience to provide legal advice to businesses and, at the same time, offer a pragmatic and commercial view to the advice you are delivering. The decision was therefore a gradual one. I don’t think anyone entering the profession can map out exactly what they intend to do, as it often hinges on experiences and the opportunities that come your way. Who would win a 100m race? You, Alex Wilby or Craig Malarkey? Ha! This is a hot topic in the team at the moment for some strange reason. I think it began when Alex recently declared that he was the fastest man in the office. I know this not true from playing five a side football regularly with him. Craig hasn’t really suggested that he could beat either of us in a race and tends to keep quiet about the topic, so on that basis I’m definitely going to say me! Magpies or Black Cats? 100% Magpie. I do feel like I’m in the minority across the office though.

The corporate team has grown significantly over the years. What are your plans for next year? We would like to continue to grow. A lot often depends on factors outside of our control and related to macroeconomics, but we are focussed on continuing to differentiate our services from our competitors and on providing a top quality, responsive service. Anyone that knows me will tell you that I’m never happy ‘standing still’ and I’m always looking for ways in which we can grow, become stronger and improve what we are doing. I don’t want to look back on my career and regret not trying to achieve the most I could

swinburnemaddison.co.uk

PRISM

7


There’s more than a whiff of collaboration in the air these days...

As we celebrate 25 years, we caught up with John McCabe, CEO of the North East Chamber of Commerce (NECC) to get his take on how the region is faring. How has business changed in the region over the past twenty-five years? Changes in the business community have been seismic over the last 25 years. In 1998 we were still dealing with the industrial legacy in most parts of County Durham. There was investment coming in, but it was mainly reliant on big industrial

8

PRISM

sheds - there was little long-term planning. Entire communities were dependent on a single sector in the industrial North East of the past – mining, shipbuilding and steel – the demise of one industry would usually lead to the demise of the nearby community that worked within it. However, today there is a real sense of collaboration across the economy that I have not seen before. Parliamentarians, local authorities, business leaders – they are coming together with a renewed sense of purpose and cooperation. With the recent positive discussions between local leaders regarding devolution, a deal has been agreed by the North East Combined Authority, North of Tyne Combined Authority and the local authorities in County Durham, Gateshead, Newcastle, Northumberland, North

Tyneside, South Tyneside and Sunderland. No one is entering this new devolved age as a junior partner– the sum is so much greater than the parts. The key regional change over the last 25 years is that we have a more diverse business base – one that is not as prone to shocks and will allow us to stand on our own two feet. How is County Durham faring compared to the rest of the region? There has been real diversification. For example, there’s Hitachi, in the south of the region, which has provided hundreds of new jobs, Lanchester Wines, a family firm established in 1980, which is now one of the UK’s leading wine importers and wine wholesalers and at NETPark in Sedgefield, one of

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

the UK’s leading science parks, the innovation is off the scale. There has been massive investment at NETPark in R&D and knowledge-based intelligence resulting in the growth of companies like North East Centre of Excellence for Satellite Applications, which is exploiting the use of satellite data, while Kromek has just won a $5.9 million contract from the US Department of Homeland Security to research and develop biosecurity technologies. The green energy sector is flying too. We are also fortunate in having several strategic sites in the county, such as Integra 61, home to the Amazon distribution centre, which is making a strong contribution to jobs and the economy, while the first phase of Jade Business Park in Seaham is fully let and Phases 2 and 3 are in the final stages of planning and will deliver in excess of 500,000 sq ft of additional industrial space. What are your hopes for the region in the future? I would like to think we reach a point where established businesses have the opportunity to flourish and fulfil their potential. We have some phenomenal world-class businesses here – we are well placed to lead the charge. Local Skills Improvement Plans have been developed across the region, outlining the work that needs to go into feeding the future talent pipeline from today. The Chamber has led on aspects of that work as well as being involved in

providing the business perspective to the devolution arrangements. The regional success stories We are retaining more of our graduates these days and have recently begun to attract more graduates and their families into the area than in the past. Our brilliant FE colleges and universities are closer to the economic centre of the region than ever before. The career opportunities and quality of life messages are getting out there now. Team North East has delivered that and Durham has played its part. The industrial success of Hitachi is another real team effort – everyone worked together – parliamentarians, local authorities, the business community - and it demonstrates what we can do when we collaborate. Going back to NETPark, the only UK Science Park with two National Catapult Centres - The High-Value Manufacturing Catapult, managed by CPI and North East Centre of Excellence for Satellite Applications - demonstrates there are some amazing things going on there. The climate for collaboration, enterprise and innovation at NETPark is excellent. It feels as if there is a golden triangle emerging here, built on innovation, where you have the university, cutting edge medical science, advanced manufacturing and the growth of the semi-conductor industry within a small geography.

If anyone had said 25 years ago that there would be a company engaged in the Space Programme, located on an old hospital site in Sedgefield, who would have believed it? We also have Teesside Freeport, companies involved in pioneering technology for offshore wind, carbon capture and hydrogen storage. These are all new industries that represent a leap into the future, which is why it is so important we have skills we need to take us forward and put us on the global map. While these industries demonstrate the growing diversity of the regional economy, there is still some work to do. There are parts of the North East and County Durham which could be better served by a transport strategy. It’s about getting the workforce to the jobs that might be available in the future, which especially applies to the more rural parts of the region. We haven’t achieved that yet and it is critical we do so. Celebratory footnote To end on a particularly positive note, the North East Chamber was named Chamber of Commerce of the Year in October 2023 - my proudest moment in business to date - so I was delighted to welcome Sir Keir Starmer to the region to present our award. Our entry included every aspect of the Chamber’s work from the very visible membership and policy functions to all the hugely important back-office support that is necessary to keep the show on the road. We’re grateful Sir Keir reached out to the region’s businesses at such a critical time for our economy. Our Chamber’s priority is the creation of a stronger, fairer North East, and active engagement between business and politics is crucial in achieving this. The businesses Sir Keir met show this region can, and should, be integral to national economic renewal. Investment in the North East is a down payment on future growth.

Greatest achievement? It’s one I share with the whole of our team and that was being named UK Chamber of the Year in October 2023. Our entry for that award included every aspect of the Chamber’s work from the very visible membership and policy functions to all of the hugely important back-office support that is necessary to keep the show on the road. The Chamber’s purpose is to represent the whole of the North East so I hope this is an award and recognition that can be shared by all of our members. Favourite place in the region? Home - or the Great North Run finish line because when I see that, I know it’s done for another year!

swinburnemaddison.co.uk

PRISM

9


Back, L-R: Austin Carney, Infinite Durham; Diane Hall, solicitor and Victoria Walton, partner and head of commercial property, Swinburne Maddison LLP. Front, L-R: Alex Carr and Adam Carr, True Padel

Padel - a first dedicated facility for the region We were delighted to be involved recently in a first for the region when we undertook a range of legal matters for our longstanding client, Austin Carney, to facilitate the development of the North East’s first indoor, dedicated padel courts. Austin, managing director of the six-acre Infinite Durham multi-activity leisure complex at Belmont Business Park on the outskirts of Durham, was able to agree terms with operator, True Padel Ltd, (True Padel) for a 15-year full repairing and insuring lease covering an area of 32,579 sq ft on what was formerly space used by Soccarena as indoor football pitches. True Padel will convert the space into nine padel courts and a café bar serving alcohol and refreshments. If all goes according to plan the facility will be opening in January. Partner and head of the commercial property team,

10

PRISM

Victoria Walton, worked on the lease with solicitor Diane Hall and the corporate team provided additional support. Victoria commented: “We were very pleased to be able to assist Austin with his next exciting new leisure development. The Soccarena facility is a huge success and a very popular venue with families from across the North East. “Thanks to the breadth and depth of our commercial teams we were able to conclude this matter in a relatively short time, providing practical solutions to various aspects of the transaction and demonstrating our agility when the scope of the matter changed.” Entrepreneur and businessman, Austin, views Soccarena almost as a second career after operating the highly successful betting chain, Reuben Page, which had 59 retail outlets before 44 were acquired by Gala Coral in 2007. He said: “Padel is the fastest growing sport in the world and we were keen to add it to our

leisure portfolio. The Swinburne Maddison team have provided a very efficient and proactive service for this deal and I am really pleased that we have been able to agree terms with True Padel for the development of this facility, which is a great fit with the environment we’ve tried to create at Soccarena.” This is the first time Austin and his wife won’t be both owner and operator, however, they will continue to run the other facilities at Soccarena – Infinite Air, the very popular trampoline park, Infinite Tots, which is a soft play park with inflatables, Lickety Split, the award-winning ice cream parlour and the outdoor football pitches, which regularly host league games along with many junior clubs at New Ferens Park. Austin continued: “If you include padel into the existing mix, it is an exciting addition and we have high hopes for its success. It is a very popular sport throughout the world and has a growing following in the UK, but as yet, there are no facilities in this part of the world, so we are proud to be the first activity park to introduce it.” Adam and Alex Carr of True Padel Ltd will be operators of the new facility. Adam said: “We are delighted to have secured the space at such an established sporting location and are keen to get the new padel facility open in early January 2024.” We wish Austin and his team continuing success with the introduction of padel to his leisure portfolio.

WINTER 23


ADVERTORIAL

Photos: Michelle Mercer

The revamped Rabbit Hole intends to stir your senses The Rabbit Hole in Durham has just completed a stylish re-vamp and has expanded its offering with an enhanced Cantonese Fusion menu. Due to the overall popularity of the restaurant, owners Sam Gadd and Zak Newton decided to expand the capacity and streamline the brand. Alongside a new identity there is a new menu which offers luxury food at affordable prices. The Rabbit Hole can be found a little off the beaten track on Hallgarth Street, five minutes from the city centre. It’s a hidden gem which has proved popular with the people of Durham and beyond. Perfect for all occasions- its relaxed, intimate and THE destination for Cantonese fusion dining. Sam & Zak - owners of The Rabbit Hole said:

swinburnemaddison.co.uk

“We felt it was time to evolve and revamp The Rabbit Hole, streamline the offer and open our doors to everyone. The new look, brand and menus are super exciting, and we’re genuinely thrilled to mark this new chapter. We look forward to welcoming everyone through the doors.” The new menu has been significantly extended to offer diners a wide choice of bar snacks, small plates, classic and large plates. The Rabbit Hole is owned by The Zen Group which includes Zen-Durham's most popular Thai restaurant, Tango and new to the group, Whitechurch. Keep an eye out for Qu Yu the Rabbit Hole's very own mascot. You'll see it featured on socials, the new website and hopping round Durham over the next few months.

therabbitholedurham.co.uk

PRISM

11


Improved employee rights reflect our changing values As the firm celebrates its 25th anniversary, Phoebe Gogarty from our employment team reflects on the changes to employment law within that period. Employment law in England and Wales has seen significant progression in the last 25 years, particularly, the rights of employees have greatly improved. The changes are very much reflective of how the law has been adapted over time in response to societal shifts, technological advances and economic challenges. In comparison to 1998 when Industrial Tribunals were rebranded as Employment Tribunals, the modern-day employee now benefits from an array of enhanced protections. Back then, basic rights such as the minimum wage and paid holiday entitlements were only just beginning to take shape. DID YOU KNOW∙∙∙ In 1999 the National Minimum Wage was introduced and set at a modest £3.60 per hour! Employees are now able to enjoy much improved working conditions by way of increases to the

12

PRISM

National Minimum Wage, provisions for statutory sick pay, maternity and paternity leave, and enhanced protection against unfair dismissal. Family-friendly rights Family-friendly rights have vastly improved from the position we were in 25 years ago. At that time, the Maternity and Parental Leave Regulations 1999 provided for an increase in the period of ordinary maternity leave from 14 to 18 weeks, and 29 weeks of additional maternity leave if the employee had at least a years’ service. However, only the period of ordinary leave was paid. TODAY∙∙∙ Eligible employees can take up to 26 weeks of ‘ordinary maternity leave’ and a further 26 weeks of ‘additional maternity leave’, the majority of which is covered by statutory maternity pay. As for Paternity Leave, this was not introduced until April 2003 under the Paternity and Adoption Leave Regulations 2002. Prior to this, employees had no statutory right to take paid paternity leave which, by contemporary standards, seems outrageous! Even more so when considering that many parents now opt to exercise their right to Shared Parental Leave

L-R: Jonathan Moreland, managing partner and Sharney Randhawa, managing associate (SPL) since its introduction in April 2015. SPL provides greater flexibility for families to share their entitlement to paid leave as opposed to the traditional structure of maternity and paternity leave. Working hours and flexibility Additionally, working families can also benefit from the status quo of working more flexibly, widely labelled as the ‘new-normal’ since the pandemic – (COVID-19 had to get a mention!) Before the pandemic, working hours were more rigid as most employees had fixed working patterns and the concept of remote work or flexible hours was relatively rare. Nowadays, many more employees make use of their right to request flexible working arrangements, subject to meeting certain qualifying criteria. Since its introduction in 2003, when it applied only

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

to parents and carers, it was expanded in 2014 to all employees upon reaching 26 weeks’ service. Hybrid-working was under 2% in the 90s, compared to 62% in 2022. This year, the Employee Relations (Flexible Working) Act 2023 received Royal Assent which will, upon its introduction in 2024, allow up to 2 requests per 12 months, instead of the current allowance of 1. Employees will no longer be required to suggest how to mitigate the impact of their request. This will fall to the employer to consider, who must provide their decision to the employee within 2 months, not the current 3. Flexible working requests are expected to become a 'day-one' right, although the above act will not reduce the 26-week eligibility criteria; secondary legislation will be required to implement this change. The pandemic accelerated the adoption of remote and flexible working arrangements. What was once a necessity has become a preferred choice for many. In order to meet the demands of the modern workforce, it has become commonplace for employers to offer roles which allow for some form of flexibility whether by way of hybrid working or flexi-time. During the last 25 years, we have seen a rise in the use of zero-hours contracts. Those working under such contracts in the late 90s were not afforded much protection due to the lack of regulations, allowing employers considerable flexibility in how they managed their workforce. It wasn't acknowledged until the early 2010s that the resultant vulnerability caused by this power imbalance of limited rights needed to be scrutinised. What followed ensured robust change to the rights afforded to workers under zero-hours contracts. The tighter regulations included a ban on exclusivity clauses in 2015, allowing workers the freedom to undertake other work. Furthermore, the introduction of the Good Work Plan in 2020 aimed to improve rights further by providing the right to a written statement of terms from day one of employment and the right to receive a payslip itemising hours worked. LOOKING AHEAD∙∙∙ In autumn 2024, provided that 26 weeks of continuous service has been reached, workers will be eligible to request more predictable working patterns to provide them some degree of structure to their working schedule. Discrimination and diversity 25 years ago, employees had limited protections under legislation such as the Disability Discrimination Act 1995, the Sex Discrimination Act 1975 and the Race Relations (Amendment) Act 1976. There were many additions throughout the

swinburnemaddison.co.uk

2000s, including the introduction of the Sexual Orientation Regulations 2003, the Gender Recognition Act 2004 and the Employment Equality (Age) Regulations 2006. Despite these further introductions, they were not often enforced as rigorously as they are today. The introduction of the Equality Act 2010 consolidated those existing laws, and enhanced the protections against discrimination on the grounds of age, race, disability, gender reassignment, sex, sexual orientation, maternity, marriage or civil partnership and religion; collectively known as ‘protected characteristics’. TODAY∙∙∙ Employers are expected to actively promote diversity in the workplace and take all reasonable steps to ensure equality and diversity training is regularly provided. Gig economy and worker status What is known as the ‘gig economy’ was in its infancy 25 years ago, and the classification of workers was often ambiguous. Traditional employment relationships were more common, and the concept of gig work or self-employment was not as prevalent. Over the last two decades, the number of gigeconomy workers has accelerated, in part as a result of digital apps bringing us the convenience of instantly connecting with services at the press of a button. With this shift in how we engage such services came the challenge for employers of how to properly classify the employment status of those individuals. KEY CASE LAW∙∙∙ Uber Drivers are classed as Workers, but Deliveroo Riders are Self-Employed We have seen some high-profile legal cases in this area, particularly in 2021 concerning Uber and Deliveroo, in which the courts clarified the complexities in each case and the resultant judgements were instrumental for thousands of people. Helpfully, the factors relied on for those judgements has set clearer direction for employers to avoid the same pitfalls. Conclusion The transformation of employment law over the past 25 years reflects our changing values and commitment to ensuring a fair and inclusive workplace. While many of these changes have bolstered employee rights and protections, they have also placed increased responsibilities on employers. The evolving legal landscape aims to create a more equitable and secure work environment for all and will continue to adapt to the everchanging nature of work.

Get to know... Phoebe Gogarty Solicitor, Employment Tell us about your role at SM… I joined SM in Spring 2023 as a solicitor in the employment law team alongside managing associate, Sharney Randhawa and managing partner, Jonathan Moreland. I support and advise employers and employees with their general queries, legal issues and their private and tribunal disputes. Why did you choose a career in law? I was interested in a career in law since taking the subject at A Level, learning of the weird and wonderful cases that have shaped our legal system. If you could give one tip to an employer, what would it be? Beware of the, soon to be enforced, Employment (Allocation of Tips) Act 2023, under which employers will need to ensure their tips are fairly distributed to their employees! Do you have any interesting hobbies? I love to read and visit new bookshops in each place I travel to. I hope to soon have a collection worthy of my own home library. What’s your drive to work radio station? Magic FM – I always try to play the Reflex game. Beach holiday or city break? I love nothing more than being by the sea so it would have to be a beach holiday for me.

PRISM

13


L-R Back: Ellie Straughan, Phoebe Gogarty, Matthew Ray, Laura Duff, Niamh Wilson, Manny Thandi, Jessica Stevens L-R Front: Kate Cunniff, Kelly Jefferson, Georgia Ismay, Amy Pyman, Grace Ridsdale

Nineteen and counting … We’re adding breadth and depth to our team as we gear up for growth. In our 25th anniversary year, we have welcomed 19 hugely talented new people to the firm as we embark upon our next chapter. Comprising fee earners, support staff, apprentices and trainee solicitors as well as making four key promotions, it has certainly been a busy time in our HR department during 2023. Our planned growth began in earnest after we reorganised our senior management team just over two years ago so that we could take advantage of the opportunities arising following the pandemic and it simply hasn’t stopped. Appointments have been made across the board to provide additional support on new instructions and tender wins, so that we have the optimum level of staffing and expertise to service an increased workload from existing clients and, as our work becomes more high-profile, to ensure our key fee earners have access to a range of keen legal minds as they negotiate ever more high value and complex transactions.

14

PRISM

At a time when we are about to commence the rollout of a new three-year strategic plan, our aim is to develop and retain our existing team of talented and enthusiastic staff - we have some fantastic young lawyers - ensuring we have a broad spectrum of expertise within each department and at the same time, maintain a focus on succession planning and staff development. Behind the reorganisation of our senior management team in 2021 was the desire to streamline our decision-making process and become more outcomes-focused in a bid to increase turnover, achieve greater profitability and expand our team. This is a strategy that has worked extremely well. A key aspect of this was to outsource and delegate much of the non-legal work which had traditionally been managed in-house by the partners. This decision has led to significant investment in the creation of a solid structure around several new support roles in IT, HR, finance, marketing, compliance and practice development, which has enabled us to compete more decisively with the larger regional law firms.

To that end, two new managing associates were promoted to partners this year – Gillian Moir and Chris Ross – who both joined the firm’s commercial property team in 2014. Gillian was part of the team responsible for completing more than £75m of CBILS and RLS transactions on behalf of Atom Bank throughout the pandemic and has been recognised as a Rising Star for the last 4 years in The Legal 500. Chris was instrumental in supporting the firm’s appointment to the ‘general property and conveyancing legal panel’ for Karbon Homes and Gentoo. We were also delighted to see Ashley Patterson, who is already a familiar face with some of our longstanding corporate clients, qualify as a solicitor in March.

Appointments have been made across the board to provide additional support on new instructions and tender wins, so that we have the optimum level of staffing and expertise WINTER 23


Ten

Meet our

Amy Pyman

Associate Solicitor, Private Client

NEWS AND VIEWS FROM SWINBURNE MADDISON

new fee earners...

Manny Thandi

Solicitor, Commercial Property

Ellie Straughan

Matthew Ray

Solicitor, Family

Solicitor, Corporate

Behind our team of lawyers, we have continued to invest in developing a solid structure in our support function and created several new support roles in IT, HR, finance, marketing and compliance. Seven of this year’s 19 appointments were support staff. The most senior appointment being Caroline Smith, who joined us in June as our first ever marketing director, who joins with a wealth of marketing experience gained in major companies. Over the next three years, we will explore a range of options as we move forward with our new 3-year plan. From ongoing targeted recruitment to possible mergers, acquisitions and lateral hires in the form of a small team to bolt on to our existing structure - all are on the table as we prepare for the next exciting stage of our development within and beyond the Durham area.

Future appointments... Sarah Laird and Kaye Cunningham are due to join the dispute resolution team as solicitors before the end of 2023.

swinburnemaddison.co.uk

Jessica Stevens Solicitor, Corporate

Laura Duff

CILEX Advanced Paralegal, Conveyancing

Two

Phoebe Gogarty

Solicitor, Employment

Kelly Jefferson

Chartered Legal Executive, Dispute Resolution

Kate Cunniff

Solicitor, Conveyancing

Georgia Ismay

Paralegal, Private Client

new trainees Niamh Wilson

Grace Ridsdale

PRISM

15


John Adamson talks treehouse, technology and ‘polishing the diamond’ Business has changed dramatically in the last 25 years for John Adamson of Ramside Estates. For a start, turnover has rocketed from £6m to £40m and the business now comprises nine major venues including hotels, golf courses and a spa as well as restaurants like The Impeccable Pig, with its 12 rooms, bar, bistro style food, extensive wine list and superb selection of real ales, as well as Colonel Porter’s, a tavern with botanical gardens and a rhum bar. All are renowned for their high-quality service, excellent food, ambitious events and unforgettable, bespoke accommodation. Still very much the jewel in the crown as a luxury resort, Ramside Hall Hotel has gone from strength to strength and continues to grow, today boasting two championship golf courses, an award-winning spa with a superb range of leisure facilities, a private farmhouse that can be rented and a range of ten impressive, luxury treehouses. By heading behind the spa and up towards the woodland area behind the hotel, it is here that we

16

PRISM

caught up with John Adamson, owner of Ramside Estates, as he proudly showed us around one of his latest multi-million-pound investments in the business. “I always say that the Ramside Treehouses are a feat of engineering because they are built on stilts”, he says. “I am so proud of them. We have designed them to the highest standard and specification, so that they blend seamlessly with the surrounding woodland and provide views over the golf courses. “They are a very popular venue for a wide range of customer types - with hot tubs on private, wooden verandahs, where you can lounge in surroundings that are far enough away from civilization to enjoy the immediate peace and tranquility of the Ramside Estate, but also close to the city. “They have also been designed to offer the utmost flexibility in use. Although built with three bedrooms, there is scope to sub-divide them into a one-bedroom studio, or a two-bedroom apartment, depending on requirements. “We also have six A-Frame glass-fronted treehouses, which are smaller and very popular with families.”

The Ramside Treehouses have something for everyone, and each has its own distinct style. Peacock for example has been inspired by lavish French décor, Cuckoo has drawn inspiration from Alpine Lodges and Woodpecker reflects a more contemporary design aesthetic. Yet while the interiors are all somewhat different, they share exquisite detailing such as freestanding copper baths. As John points out, in the hospitality industry, you must always be one step ahead. “I refer to it as ‘polishing the diamond’, which means that you must always reinvest into the business. Your hotel must never look tired. It is a case of planned investment – each year, a different project or projects. “For example, Hardwick Hall starts in early 2024, which will see us building a new health club, and spa plus 50 new bedrooms. It is a £12-£13m project. “At the same time, I have just opened five luxury, serviced apartments in Durham on Western Hill and have a planning application in for Ramside for a new golf complex with parking, a sports bar for

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

members, a golf academy and a two-tier driving range with 34 bays plus a new clubhouse. We are continually pushing ourselves to improve and create more revenue.” John is the third generation of the Adamson family to run the business and when his father died in 2010, he had already been working full time in the business for eleven years. Not only that, but he has always ‘lived above the shop’ so when it came to choosing his career, it was already mapped out for him. He had no option but to take the reins – yet he does not say this with any sense of frustration. He continues: “I have four young children and I would very much like them to take it over one day. I love the business as there are no two days the same. I have always lived above the shop – initially at Hardwick Hall in the manager’s flat, prior to that, the family lived above The Foxhunters public house in Monkseaton where my father was a tenant. “I was really fortunate – although I did not realise it back then – but I started out in the world of hospitality at Centre International de Glion in Montreux – a Swiss hotel school where I was the only English person. After graduating, I was taken on by Trusthouse Forte on their management training scheme and have worked in the hospitality business ever since. You get experience in a place like that which you never forget. No one can take that away from you. It has served me very well over the years.” Along with his vastly increased turnover, comes a high wage bill. Ramside Holdings, with its nine leisure outlets and associated accommodation and support facilities, requires 750 staff to ensure the high standards demanded by customers continue

to be not just met but exceeded. He explains: “It’s like being a football manager running this business. It’s all about having the right people in the right positions – particularly in the kitchen. The head chef is as important as the hotel manager because 50% of our revenue comes from food. You need the right person in the engine room. “Fortunately, I have some very loyal staff – 72 have been with me for over 12 years and two, amazingly enough, have been here for more than 50 years. I have a fantastic team.” John has worked with Swinburne Maddison for many years – before the original merger 25 years ago – in fact, his father began working with Swinburne Maddison in the early 1970s. So, what kind of changes has he witnessed in the hotel industry since then? “The biggest change is how people book. Technology has had a massive impact on the business because it is used by almost every age group. Third party sites like Booking.com are relied on for many of our bookings and of course, the website. We didn’t even have a website 25 years ago! “We are still seeing the local community who use the golfing and spa facilities – but additionally, people come from all over the country to use our leisure facilities. Customer expectations are changing all the time. Travelling abroad to new countries broadens the mind when it comes to expectations.” To the objective bystander, it all seems to be

running very smoothly, so is there anything that could be improved? “If I could pick up Ramside and put it outside London, we could probably get 30% more per night. We are always trying to get the bed stays figures up. Bed stays average at 1.25 nights and we would like to get that up to an average of two nights. People who come to conferences or weddings, enjoy spa breaks or playing golf, they all tend to stay more than one night, so they are very much our target.” There is also an active events programme. The perennially popular Oyster Festival will be 21 years old next year and continues to attract top billing from global stars – last year it was Rick Astley. Hardwick Festival will enjoy its 10th year anniversary in 2024, and it is also a big year for Ramside Hall, which will be celebrating its 60th anniversary. With a reputation for not cutting corners, John adds: “When we celebrated 50 years at Ramside, our golden anniversary, I got Tony Hadley to come and sing Spandau Ballet’s famous hit, ‘Gold’, for us. It was a huge success. “Next year, our 60th anniversary, is the diamond anniversary. I’m wondering if Shirley Bassey may be interested”, he says with a chuckle. He might well be serious.

Best piece of business advice you have received? Surround yourself with people that will improve the business... Favourite place in the North East? I have two favourite places in the North East: Durham Cathedral - I'm just amazed how it was designed and how it took 40 years to build without today's technologies. St James' Park watching my favourite football team...

swinburnemaddison.co.uk

PRISM

17


Photos: Matthew Andrews

Durham Lighting up

for another Year!

As Durham’s leading law firm, we were delighted to be an official supporter of Lumiere 2023.

Produced by leading UK arts producers Artichoke Trust, and commissioned by Durham County Council, with additional support from Arts Council England, Durham University and a host of further funders and supporters, the biennial light festival returned for an eighth year illuminating our beautiful city over four nights, between 16–19 November 2023. The free-to-attend event featured a thought-

18

PRISM

provoking and entertaining new programme of spectacular light artworks by UK and internationally-renowned artists who have something to say about our world. Above all, the event brings magic, joy and light to the local community, brightening the dark winter nights of November and boosting the local economy. At Swinburne Maddison we have been proud supporters of Lumiere for several years, having attended the Gala Dinners and hosted private tours and events. This year we sponsored an incredible installation in the heart of our city, within Durham Cathedral, The Inner Cloisters.

Known for creating artwork for outdoor locations and public spaces, American artist Adam Frelin presented a new installation to compliment the largest Cathedral in England. Replicating the shape and scale of the Durham Cathedral’s cloister arches, he created an elusive and ethereal inner cloister that mirrors the physical one. Inner Cloister lit up in sequence to emulate the passage of monks of old who would have walked around the corridors for hundreds of years. As Frelin says, “like the past, the artwork functions as a parallel place in space and time, meaning that we can look into, but never enter.” Jonathan Moreland, managing partner at Swinburne Maddison commented: “Being involved with Lumiere 2023 was a wonderful opportunity, and to be sponsoring an installation in the heart of

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

Photo: Matthew Andrews

Being involved with Lumiere 2023 was a wonderful opportunity, and to be sponsoring an installation in the heart of the city, and also inside the doors of one of our biggest clients, Durham Cathedral, was truly incredible

the city, and also inside the doors of one of our biggest clients, Durham Cathedral, was truly incredible. “Lumiere is a huge part of the city and seeing thousands of local people, visitors, families and friends descend upon the cobbled streets, coming together to experience the event was fantastic to see. We are delighted that our contribution is able to support the artists, the community and the partnering charity, County Durham Community Foundation.” In 2023, Artichoke Trust partnered with County Durham Community Foundation to double selected Lumiere donations, this included our contribution.

swinburnemaddison.co.uk

At no extra cost to supporters, the initiative unlocked additional funding for the year-round Lumiere Learning & Participation programme and the Poverty Hurts Appeal. Since 2009, Lumiere in Durham has attracted more than one million visitors and stands as a landmark event in the cultural calendar of the North East. Beyond the fantastic light show, over 12,000 local people and schoolchildren have benefitted from an involvement in Lumiere’s learning and participation programmes and volunteering opportunities, developing their skills and having a great time in the process. Helen Marriage, artistic director of Artichoke said:

“Artichoke was proud to bring Lumiere back to Durham once again, an event that is made with and for its community. The event is free for everyone to enjoy, the result of amazing partnerships forged over the years with Durham County Council, Arts Council England and Durham’s local institutions and businesses who all invest in the event to bring wider benefits to the community. In these challenging times, it is all the more important that families have events to look forward to without having to worry about what it will cost to attend.” Artichoke is signed up to Vision: 2025, a network of over 500 outdoor events and businesses taking climate action towards net zero. In 2023, Lumiere engaged industry experts, A Greener Future, to undertake a carbon impact assessment of the event and is committed to working collaboratively with Durham County Council and the local community to deliver a sustainable and environmentally conscious event. Lumiere Durham is a central pillar of The Culture County, the long-term creative regeneration strategy born out of the Durham 2025 UK City of Culture campaign.

PRISM

19


ADVERTORIAL

Mile-and-a-half long light trail through castle grounds Auckland Castle’s dazzling new light trail will illuminate the skies of Bishop Auckland this Christmas. A brand-new Christmas light trail, AGLOW, will dazzle visitors to Auckland Castle in Bishop Auckland this festive season, with the tallest Christmas tree in the North, the longest outdoor light tunnel in the country, as well as seventeen other breath-taking light installations, making it one of the largest light trails in England. Taking place from 22nd November to 31st December 2023 (excluding Christmas Day), AGLOW is a glittering one-and-a-half-mile long trail through the ancient Castle grounds, taking in the Deer Park, River Gaunless and a specially created Santa’s Village, complete with a performance stage. The scenery of the Castle and grounds have been utilised to their full extent, making every twist and turn of the 1.5 hour journey along the illuminated route a Christmas experience like no other. Whilst exploring AGLOW, visitors will see Auckland Castle in a whole new light, with stunning projections on the Castle walls and glowing rainbow-hued spheres of light covering the bowling green. A sparkling 100 metre-long tunnel of 100,000 stars leads into the parkland where large-scale illuminations with lasers, neon ropes,

20

PRISM

mirror balls, LED vines and starburst trees will dazzle and delight. Life-size illuminated deer graze amongst silk flower lanterns at the Deer House, while dancing water fountains make the River Gaunless spring to life and daring illuminations featuring real fire make for after-dark drama. Along the trail, visitors can take in the sights over a mulled wine or hot chocolate and enjoy toasting marshmallows over the open firepit. Towering over Santa’s Village is a giant redwood or Wellingtonia tree beside the river, festooned with almost one kilometre of colourful lights - at 32 metres/104 feet high the tree claims the title of tallest Christmas tree in the North. In front of this spectacular backdrop, the picturesque wooden cabins of Santa’s Village offer a further choice of festive food and drinks. On the stage, Santa and his mischievous elves will entertain children and adults alike with a live show performed regularly throughout the evening. For some interactive fun there are bubble installations and musical tree stumps, as well as vintage fairground rides including a 1934 children’s train with carriages named after towns in North East England, a 1950s Chair-o-plane and a popular Hook-a-Duck stall offering prizes every time. “We are delighted to be staging AGLOW for the first time at Auckland Castle and bringing another exciting attraction to Bishop Auckland and the

wider region. We look forward to welcoming families from all over the North to what will be an inspirational light trail,” said Edward Perry, CEO of The Auckland Project “The Castle and parkland provide a perfect palette for AGLOW and will give families and friends an unforgettable festive experience.” For those making a day of it, The Auckland Project has plenty more to offer with Auckland Castle, the Spanish Gallery, Faith Museum and Mining Art Gallery, open Wednesday to Sunday from 10:30am – 4pm (separate tickets required). Entry times for the trail are at 30-minute intervals from 4:30pm – 8:30pm each day and please allow at least 90 minutes to complete the trail. Tickets are £21.50 for adults, £14.50 for children or £66.50 for families (consisting of one adult and three children, or two adults and two children.) Children aged 2 and under enter for free. The Auckland Project Annual Pass Holders receive 20% discount on the ticket prices.

aucklandaglow.org

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

Doing our bit! Earlier this year Swinburne Maddison introduced volunteer days to the staff benefits programme, enabling our team to give back to the local community. Each member of our team is entitled to one volunteer day each year which can be used to support a number of causes, either volunteering individually or joining a group volunteer day organised by our corporate social responsibility committee.

So far our team have… Collected Christmas trees around Durham to support St Cuthbert’s Hospice. Scythed the meadows at Rainton Meadows Nature Reserve to support the Durham Wildlife Trust. Walked several dogs and cared for cats at Tendercare Rescue who look after the animals whilst they wait for their forever home. Packed food parcels for Durham Foodbank at their distribution centre in Chester-le-Street ready to help families over the Christmas period. We have plenty more in store for 2024 so keep your eyes peeled on our Social Media channels.

large residential sites and general property portfolio management transactions. On the strategic and management side of things I spend a lot of time looking into IT developments and how they can help steamline the services we provide and improve customer experience, while maintaining a personal service.

Get to know... Kate Stephenson

Partner, Commercial Property and Head of Residential Property Tell us about your role at SM... I’m a partner in the commercial property department and head of the residential property department. My day to day transactional work involves various commercial property matters including the sale and purchase of development land, acting for registered providers acquiring

swinburnemaddison.co.uk

You were recently named as a leading individual in The Legal 500. What does that mean to you? I am hugely appreciative of the considerable time and effort our client referees and our team put into The Legal 500 submissions and to be personally recognised is fantastic. I do however take greater pride in the recognition the firm as a whole has received in this year’s listings which I feel is representative of the excellent feedback received on a daily basis across all departments, not only those categories listed in The Legal 500. What are your three notable achievements whilst working at SM? Qualifying – it wasn’t a given!

Seeing the various property projects I have been involved in coming to fruition. I love driving around the North East and passing sites I have been involved with and seeing on the ground the results of those transactions whether it be new developments, regeneration or expansions. Playing a part, no matter how small, in the development of staff at the firm. I’ve been here long enough to see trainees become partners and support staff develop and flourish into all sorts of roles. What keeps you busy outside of the office? My three sons. What would be the title of your autobiography? Legally blonde…ish. Bake off or Masterchef? Bake off, but I’d need to be eliminated before pastry week. Who has any burning desire to make their own filo pastry!

PRISM

21


Swinburne Maddison named

'Leading Firm' by Legal 500

As Swinburne Maddison’s 25th anniversary year progresses, there was more good news with the recent announcement of The Legal 500 rankings. The Legal 500 is the leading international legal directory and every year, objectively assesses and ranks law firms throughout the country. When the results were announced, there was a great deal to celebrate with eight of our departments making the rankings and covering the full range of disciplines across the firm - an achievement in itself – while four, including Corporate, Commercial Property, Commercial Litigation and Social Housing, achieved Top Tier positions. What’s more, seven lawyers achieved the accolade of being named as leading individuals in their chosen field of legal expertise, six were nominated as rising stars or next generation partners and 19 other lawyers were ranked as highly recommended, which includes many of the law firm’s younger team members. The rankings are compiled following an extensive independent research process, which considers detailed examples of work as well as feedback received from thousands of client and peer interviews to identify the leading law firms in the UK.

22

PRISM

Commenting on the rankings, a delighted managing partner, Jonathan Moreland, said: “It goes without saying that we are immensely grateful to all of our clients and contacts who took the time to contribute to the research and provide their honest feedback on who we are and what we do. “Two things are particularly pleasing about these results. Firstly, all our teams have been recognised in one way or another which

shows great strength across the board. “Secondly, The Legal 500 have spoken to some of our more significant clients including Atom Bank, Durham Cathedral, Esh Group, Beyond Housing, Karbon Homes and Hargreaves Services and throughout, the common theme was all about the client experience.” Congratulations are due to Chris Ross, who this year was named a “Rising Star” alongside Gillian Moir, Abigail Zuk and Sharney Randhawa. Success also came in the “Leading Individual” categories with Kath Hill, Martyn Tennant and Victoria Walton retaining their status, and the additions of Jonathan Moreland, Alex Wilby, David Low and Kate Stephenson. Craig Malarkey was named as a “Next Generation Partner” alongside David Low. A total of 19 individuals were named as “Recommended Lawyers” including Anna Stephenson, Catherine Lowther, Eleanor Bradshaw, Lewis Brown, Mike Ward, Simon Robinson and Sophie Ayre, in addition to those already mentioned above. Jonathan Moreland continued: “Congratulations are in order for the whole Swinburne Maddison team for their hard work and commitment and for giving us lots of great things and interesting matters to write about. We couldn’t be prouder! None of this would be possible without our clients who have provided The Legal 500 with testimonials and we thank you for your kind words!”

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

Following our success in The Legal 500 2024 Edition, further excitement came when the shortlist was revealed for The Legal 500 Northern Powerhouse Awards 2024. Congratulations are due for Alex Wilby and David Low who have been shortlisted in the Lawyer of the Year category for Corporate and Dispute Resolution, respectively. The commercial property team has also been shortlisted as Law Firm of the Year in the Real Estate category for a second year in a row. The awards ceremony takes place in Leeds on 13th March 2024. Please join us in wishing the team the best of luck!

basis after 30 years of practice. However what can be challenging is managing partners who have been your friends and peers over many years. As a partnership we all get on extremely well and are very collegiate in approach, so this has not been a particular issue. With regard to external contacts I do feel I now act more in an ambassadorial role for the entire firm and fly the flag generally, and more so than previously.

Get to know... Jonathan Moreland Managing Partner Tell us about your role at SM... My role is effectively split three ways – as managing partner I am responsible for the day to day running of the firm, its strategic direction and overseeing the management team. As the head of the dispute resolution department I look after the litigation, employment and family teams and its individual members, and thirdly I do still have a legal caseload (albeit reduced) and represent clients in litigation and employment matters. So plenty to keep me out of mischief. How have you found the transition into your role as managing partner? It has been an evolution and to a certain extent a steep learning curve. The role has been bigger and more different than I anticipated. However, I do enjoy it, especially being involved in every single aspect of the firm. It is also good to have a change in what I was doing on a day to day

swinburnemaddison.co.uk

One piece of advice for someone just starting out in their law career? I can do no better than repeat the advice my father gave me on my first day at work – ‘You only sell your good name once.’ Your reputation is so important and once it is gone, it is gone. You must never put money or profit above your integrity or ethics. Other sound advice is to always try to maintain your humility, keep everything in perspective and remember what is really important. Also, at all times, do your best to retain your sense of humour, despite how difficult circumstances may be.

How do you unwind after a busy week? I do like to pull up the drawbridge at the end of the week and spend time with my family. As my two boys are both on the other side of the world, that currently means my long suffering wife and dog! Otherwise, I enjoy watching cricket and rugby, long walks with my dog, and when time allows fly fishing. Also, you cannot beat a drink and a bite to eat in an old country pub. If you could switch careers for a day what would you pick? This is an easy one – keeping wicket for England – although those days have gone (not that they were ever here!) Coastal walks or woodland walks? I love both but if I had to choose it would be woodland as I am very happy in the countryside – my favourite spots are the North Yorkshire Moors and Howardian Hills.

PRISM

23


Gifting – What are the hurdles of gifting assets during my lifetime? “It was taxed when I earned it and now they want to tax it again.” “I want to make a gift to my grandson, but am I allowed?” Statements that as Private Client specialists, we hear from clients so often. Gifting during your lifetime can be a great tool to manage your Inheritance Tax (IHT) liability. Not to mention that it can be of great help to the younger generation and something that some people simply enjoy doing. But it does come with complexities. What are the IHT rules? To understand the complexities of gifting and whether it is right for you, first it is important to have an understanding of the current Inheritance Tax Rules. Quite simply, each individual has an Inheritance Tax

24

PRISM

free threshold of £325,000.00 (known as the Nil Rate Band). Assets over this amount (that cannot benefit from any other kinds of relief) will be taxed at 40%. For example, if a person passes away with an Estate worth £2 million, they could be looking at an IHT liability on their death of £670,000. If you are married and/or have children who will inherit your main home, you may benefit from some additional allowances of up to £1million. Watch out, if your Estate is valued at over £2million, you start to lose some of these reliefs. The Nil Rate Band (NRB) has not been increased since 2010 so more Estates than ever before are having to consider the issue of Inheritance Tax. Why should I think about gifting? If you have assets over the IHT free amounts, the most effective way to manage your IHT liability is to reduce the value of your Estate.

There is no limit to how much you can gift as long as you know the tax implications of doing to. Some really easy ways to gift, without the headache of the seven-year rule are:• You can make gifts of up to £3,000 per year, IHT free. • You can make small gifts of £250 per year to as many individuals as you like and these gifts will not need to be considered when looking at your IHT liability. • Gifts to charities pass completely IHT free, whenever you decide to make them. • Gifts out of excess income can be a great way to make gifts and stop your Estate from growing any further. The seven year rule Lots of people have heard of “the seven-year rule” but not everyone fully understands what it is and why it is important. In short, if you live for seven years after making a gift, and have never made any other gifts, no IHT will be payable on that sum. To expand a little further, if you have made any gifts in the seven years prior to your death, the NRB available on your death will be reduced by

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

the value of the gifts. These gifts are known as “Potentially Exempt Transfers”. The result is that you have a smaller (if any) tax free amount that you can pass on your death. Further, and more alarmingly, if you make gifts over the NRB in the seven years before your death, IHT on that gift may need to be paid on your death. For example, if you make a gift of £400,000, £75,000 of that sum will be taxable at 40%. It is important to consider waiting a full seven years between each gift you make because if you do not, there can be added complexities. Be careful – if you make a gift but continue to benefit from that gift, the assets will still be treated as part of your Estate for IHT purposes. For example, if you gift your home to your children, but you continue to live there, it will still taxable on your death. What if I don’t live for seven years? The prospect that you may not survive for seven years following a gift, should not stop you from making gifts. Even if you do not survive the full seven years, there can still be a significant saving to your Estate. Gifts given in the three years before your death are taxed at 40%. Gifts given three to seven years before your death are taxed on a sliding scale. For example, a gift made 5 years before your death will be taxed at 16%.

The giftee will need to pay the IHT bill in respect of any chargeable gift and so, you should warn anyone you decide to make a gift to, that they need to be prepared to do so. I would like to make a gift but I am not sure I want it to be “no strings attached” Sometimes a gift into a Trust can be favourable over an outright gift. You may decide that you do not wish to gift money outright to beneficiaries at this stage. You might be concerned that they could be divorced, become bankrupt or come up against any other unforeseeable event. You therefore may consider transferring assets into Trust. You could be a Trustee and control when the money is paid to your beneficiaries. Watch out though, many of the rules above still apply (with some added extras) so ideally, you should make such a gift early in life to give you the best chance of running down that seven year clock. It is always best to take full advice. This sounds like hard work; what can I do to make things easier for my Executors? Even if no IHT is payable as a result of careful gifting, it is important that your Executors have all of the information that they need to allow them to correctly report to HMRC. The most important thing is that you keep a record of your gifting. You may

Why did you choose a career in law? Like many women of my generation, I was initially inspired by my guilty pleasure – Legally Blonde. I had no idea what a solicitor was at the time but I think the story of Elle Woods made me feel as though I could do anything and that a career in the law might be quite exciting.

Get to know... Amy Pyman

Associate Solicitor, Private Client

Tell us about your role at SM... I work as a private client solicitor within SM’s fantastic private client team. I deal with all things Wills, Lasting Powers of Attorney, Probate, Trusts, Inheritance Tax and anything in between!

swinburnemaddison.co.uk

You are an associate member of STEP, working towards full membership. Tell us about this additional qualification and what it means for clients? I describe STEP, to those who are not familiar with it, as a badge of honour for private client lawyers. Really, what it means is that a client can be confident when they instruct me that I have undertaken an additional two years of study, specifically targeted at Private Client. I think it is not very well known that many lawyers never carry out study to their specific area of law and so it is really great in this area that we have the option to do STEP to really sharpen our knowledge and provide the best advice to our clients.

also need to consider keeping a record of your usual income and outgoings to allow your Executors to consider additional reliefs. Other things to watch out for: • Other taxes such as Capital Gains Tax might be relevant, even if the transfer is not for value. • There are some other effective ways to manage IHT - make sure you have considered all options. • Beyond anything else, the most IHT effective thing you can do is enjoy your money. Go SKIing – Spending Kids Inheritance! • Make sure you have a valid Will and that you keep it up to date or your Executors could face a completely avoidable IHT headache!

If you could move to another country where would you live? I think I would choose a Spanish speaking country as I know enough Spanish to order in a restaurant - I think that would be key to my new life abroad. I absolutely LOVE Argentina but I think really, I would be more likely to move to Spain so that my family and friends could come and visit all the time! What superpower would you like to have for the day? I think I would choose flying. There is nothing worse than being stuck in a traffic jam so I would love to be able to pop on my cape (of course there would be a cape) and fly over head. Home cooked meal or dining out? Dining out for sure. I love to try new food and new places and I love the atmosphere in a restaurant whether it’s a pub lunch in front of a fire or a tasting menu with wine pairing I’m in. Plus, who wants to have to clear up?

PRISM

25


ADVERTORIAL

Christmas Cocktail

Distillery's long-awaited move to city centre home Durham Distillery was founded back in 2014 and, after some delays due to the COVID-19 pandemic and Brexit, made a long awaited move to Durham City Centre in late 2022. The subterranean space contains a bar, events space as well as a fully functioning distillery! After starting with their classic Durham Gin, Durham Distillery now produces a carefully curated range of craft spirits including Durham Vodka, Sloe Gin and a very special Cask Aged Gin. They believe in quality and craftsmanship and you won’t find anything other than good honest spirits from them! With a focus on quality, the distillery also prides itself on being a huge supporter of local businesses using a number of products from the region whether that be in their recipes, behind the bar or on sale in their shop! Durham Sloe Gin is gently sweetened with wildflower honey from South Durham Honey with the shop stocking a range of items from Durham Brewery, Durham Coffee and The Durham Chocolate Company. They even have their own Balefire Bloody Mary Vodka Hot sauce made using Durham Vodka. The distillery now offers a wide variety of tours and events ranging from cocktail making classes, private corporate functions and you can even make your very own gin!! You can take your own “mini” still (which is a replica of the distillery's original gin

26

PRISM

still “Lily”), select your own botanicals and distil your own 70cl bottle to label and take home on the day! The distillery hosts a number of regular in-house events including their own comedy show; “A Barrel of Laughs” as well as a range of ad hoc classes, experiences and shows. They offer anything from wreath making, “Paint and Sip” or even creating your own gin truffles so you’re sure to find something to cater to all tastes! The distillery is also available for private hire and has recently hosted hen parties, corporate networking events, birthday parties and many more! They work with a network of different catering and entertainment providers and can give you a truly bespoke experience catered to your needs all in a super cool underground space!

Festive French 75 The French 75 is a classic gin cocktail which dates back to World War I, with an early form created in 1915 at the New York Bar in Paris by barman Harry MacElhone.

The combination was said to have such a kick that it felt like being shelled with the powerful French 75mm field gun!! This Festive French 75 gives a christmas twist to the classic recipe and would make the perfect christmas day tipple! Ingredients 15ml Durham Gin 15ml Lemon Juice 10ml Grand Marnier Champagne or sparkling wine - opt for a sweeter sparkling wine if you prefer. Icing sugar and cranberries to garnish. First rim a champagne glass with icing sugar. To do this simply dip the rim of your glass in lemon juice or water and then dip it into some icing sugar on a plate. Next, pour the lemon juice, Durham Gin and Grand Marnier into a cocktail shaker then fill up with ice. Shake well then strain into a champagne flute. Top with a little champagne, leave to settle (as it will bubble up) then fill up with more champagne. Swirl gently with a cocktail stirrer then garnish with a few cranberries.

durhamdistillery.co.uk

WINTER 23


NEWS AND VIEWS FROM SWINBURNE MADDISON

In the hot seat Joe I’Anson Bradley Hall

The Swinburne Maddison team work with some brilliant contacts and clients across various sectors. This month Charlotte Excell, associate solicitor in our Commercial Property team, invited Joe I’Anson, director at Bradley Hall, to sit in the Hot Seat to find out more about the property market.

Congratulations on your recent promotion and heading up the Teesside office, what are your main aspirations, goals and focus for the office? Thank you! Bradley Hall have had a presence in Teesside for the past couple of years, being based out of Wynyard, and generally focusing on residential sales. We have long-standing relationships with various Teesside based firms which gives us an excellent base to grow from. Ultimately, I would like to follow the ‘Durham model’, where I can grow the commercial property side of the business including sales and lettings, management, and valuation alongside residential agency - focusing mainly on executive homes and providing top-level service.

swinburnemaddison.co.uk

What are you experiencing and seeing within the current market? In terms of the commercial market, we are still seeing sales of properties where values are in line with market conditions. From an investment angle, we are seeing more activity in the double figure yield market or with a development angle to where clients can add value and achieve higher returns. From a lettings perspective, we have reached any number of solutions recently to secure tenants for landlords. Each situation is different; from a simple short-term agreement to undertaking a full schedule of works to facilitate a letting and agreeing a 15-year lease. As long as both parties are willing, there are deals to be done. In terms of residential sales, ultimately it follows that you must get pricing, presentation, and accessibility correct. If you get these things right, your property will sell - and we are selling houses! What does a typical working day look like for you? Get up and go for a jog. There’s nothing like gathering your thoughts and thinking with clarity about the day ahead. I’ll check emails, plan where I need to be and liaise with Lesley, who heads up our residential department. Typically, a day will involve meeting clients, inspecting/viewing properties, reporting to landlords, liaising with tenants and other professionals. As a general practice surveyor, cliché to say, but no two days are the same. It can honestly be anything from a phone call about a multi-million-pound investment sale or providing strategy advice on a large commercial portfolio to ordering new bins for a managed property! I like to get some form of networking in where possible, ideally on an evening.

being good at what we do. It’s come a long way since I first started ten years ago which is testament to the Directors. It is constantly evolving with new, innovative ideas which I think is largely due to being able to offer so many different services for clients and working collaboratively between departments. I don’t see Bradley Hall relenting in its drive to get bigger and better and I’m glad to be a part of it. What’s the best piece of advice you’ve been given in your career? The harder you work, the luckier you get. How do you unwind after a busy week? I’ll show my true colours here! I like to watch the football (Middlesbrough), eat out and see friends. My guilty pleasure is Strictly Come Dancing, which is great for cold Saturday nights in. It’s usually a bit of a hectic week so I like to relax with a few drinks. What’s your favourite Christmas tradition? Bradley Hall Festive Fundraiser of course! It’s always a great event and the guys do such a good job at organising it. It will be good to see Swinburne Maddison there again this year along with around 600 other clients and staff.

What do you think is Bradley Halls unique selling point and sets you apart? The people and the local knowledge. We have a lot of great client relationships, and we are known for

PRISM

27



Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.