Lodders Life Issue 9

Lodders

life

SHARING OUR NEWS, VIEWS & EVENTS AROUND OUR COUNTIES & BEYOND

Issue 9

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Redefining aero testing

New dining experience

Smart thinking

Lodders

life welcome

September 2023 | Issue 9

A warm welcome to the latest issue of Lodders Life, our annual magazine for clients and friends of the firm.

Since publishing our last issue in September 2022, we have seen quite a change in the economic situation, with a high inflationary environment for the first time in a generation. This, together with the consistent rises in interest rates, has created new pressures for all businesses – including Lodders – to contend with on a day-to-day basis. Despite this bumpy economic picture, I am pleased to report that we have continued to grow steadily and have enjoyed a positive 12 months.

We are currently in the middle of our second strategic plan period, which set the core objective of a ‘flight to quality and excellence’ in all that we do – from the calibre of our people through to the type of work we do, and the service we provide to our clients. We want to be the pre-eminent law firm in the Midlands and South West for private individuals and private businesses, leaning on our agility and independence to ride out the economic challenges that seem set to continue for a little while longer.

Alongside our growth, we have also been formally recognised through several awards including ‘West Midlands Law Firm of the Year’ and ‘Professional Services Leader of the Year’. Whilst it is always rewarding to win such awards against strong competition, our continuing goal remains to be steadfast in our flight to excellence, and to be known as an excellent law firm by our clients and team members alike.

We thank you for the loyalty and trust that you place in us and look forward to continuing to work with you.

Editor: Hilary Campton hilary.campton@lodders.co.uk Enquiries: Angela Howard angela.howard@lodders.co.uk Editorial: Angela Howard, Lodders Solicitors Amy Saul, Lodders Solicitors Lucy Wharton, V Formation Beckie Barrett, V Formation Photography: David Warren, www.pictureteam.co.uk Fjona Hill, www.hamptonmanor.com Lodders Life is produced for Lodders by: Reach Marketing, www.reachmarketing.co.uk

Lodders Solicitors LLP - our offices: Stratford upon Avon Number Ten Elm Court Arden Street Stratford upon Avon Warwickshire CV37 6PA T: 01789 293259

Cheltenham Glensanda House 1 Montpellier Parade Cheltenham Gloucestershire GL50 1UA T: 01242 228370

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

Henley in Arden 16 High Street Henley in Arden Warwickshire B95 5BW T: 01564 792261

www.lodders.co.uk

@LoddersLawyers

Cover image: Merevale

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features

regulars

contents 04 Redefining aero testing How one man’s vision turned a derelict Victorian railway tunnel into a vehicle aero testing facility with a world-wide reputation for excellence

08 Diversifying for the future There’s sense in sustainability for the team running the Merevale & Blyth Estate

11 Designing a dining experience with a lasting impact Hampton Manor has been reborn as the finest of fine dining establishments

14 Smart thinking Thinking about the right way to diversify has paid dividends for the family-run Smart Farms

24 David Lodder David Lodder reflects on 50 glorious years of growth and change at the firm that bears his name

26 The toughest test Lodders is supporting professional cricketers to build successful futures beyond the game

16 People news 18 Spotlight on…

Graham Spalding, Alexis Nicholls and Katie Mann

22 Rural Conference 28 Legal updates including employment law, renters reform, social media, inheritance tax myths

34 Firm news including charity and environmental round-up and social, events and awards update

Redefining

aero testing

Timeline of the tunnel 1885

1898 Construction is completed

Construction of the Victorian railway tunnel begins in Catesby

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Lodders Life Issue 9

1887

The first coal trains start running through on 25 July 1898

Client profile Catesby Tunnel

The line fully opens as part of the Great Central ‘London Extension’

1899

1966

With the withdrawal of a maintenance regime after closure, over time the line falls into disrepair and floodwater fills some parts of the tunnel

After 68 years in service, the railway tunnel is retired following closure of the Great Central Main Line (GCML)

1966 2007

Dr Rob Lewis OBE

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t the start of the century, most people walking by the Catesby Tunnel in Northamptonshire would see nothing more than a beautiful but disused Victorian railway tunnel. But Dr Rob Lewis OBE saw something more – the opportunity to make his ambition of creating the world’s largest indoor test facility a reality.

2007

During a TotalSim meeting, Rob Lewis first raises the idea of converting a tunnel into an aerodynamic testing facility – and Catesby fits the bill

Aero Research Partners initiates the design phase of the project

2017

The government’s Local Growth Fund invests £6.2 million into the project.

This investment was secured through the South East Midlands Local Enterprise Partnership

The facility opens for business

Planning approval is granted

2013

2021

2020

Client profile Catesby Tunnel

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Redefining

aero testing

Construction of the Catesby railway tunnel began in 1885 as part of Great Central Railway’s London Extension.

Approximately 30 million bricks were needed to build the perfectly straight tunnel, and the result was a striking piece of Victorian architecture. The line opened fully in March 1899 and operated effectively for 68 years, before its closure in September 1966 and subsequent dereliction.

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Fast-forward to 2023, and the Catesby Tunnel is now a worldwide benchmark for vehicle testing, capable of providing accurate and affordable full-scale aerodynamic and performance data.

2.7km long and 8.2m wide, vehicles can maintain a constant speed of 100mph for approximately 40 seconds before braking. Full-size cars, rather than scale models, can be tested in real-world conditions.

Client profile Catesby Tunnel

Private, discreet, and entirely enclosed, it provides the ideal environment for customers to bring their cars to and run tests away from prying eyes.

Tunnel specification

15 years in the making

2740m long 8.2m wide 1:176 constant gradient 40sqm working section

The multi-million-pound transformation project was led by co-founder and managing director of TotalSim, Dr Rob Lewis OBE. TotalSim is a multi-disciplinary UK engineering consultancy that specialises in both computational and experimental aerodynamic development and testing. It is one of three entities that comprise Aero Research Partners – the driving force behind the transformation of the Catesby Tunnel.

Dr Rob Lewis OBE with Angela Howard, Lodders

Following several years of discussion, Aero Research Partners initiated the design phase back in 2013, and in 2020, the project attracted £6.2 million of investment from the government’s Local Growth Fund, secured through the South East Midlands Local Enterprise Partnership.

Catesby Innovation Centre Roughly half a mile away from the tunnel is the second part of the project – a four-and-a-half-acre, £4 million science park built on the site of Charwelton’s former railway station. With its design inspired by a Victorian engine shed at nearby Brackley, the Catesby Innovation Centre offers rentable, flexible offices, conference facilities and workshop space for local high-tech, innovative companies to lay down roots.

An unrivalled testing facility As a closed environment, the tunnel minimises external factors that can influence an outdoor test, while simultaneously offering the repeatability of a wind tunnel. Rob explains: “The tunnel is not affected by the weather – there is no rain or moisture on the track, no wind influencing movement, and the temperature doesn’t change. Full-scale testing under these fully controlled, ambient conditions ensures accurate, representative, and repeatable tests for companies testing at the tunnel.

We are extremely proud of what we have accomplished at Catesby. The development enriches the capabilities of the UK vehicle industry and provides a base for the commercialisation of new technology, innovation, and R&D.

Overcoming bumps in the road Taking the tunnel from a derelict railway to a working test facility was a huge undertaking, making its success all the more remarkable. Rob explains: “Each challenge we faced was magnified by the sheer scale of the project. From managing drainage and persistent water ingress to setting up lighting with a voltage dip in the tunnel, everything needed not just to function correctly, but to function correctly for all 2.7km of the track. We also had to navigate our way through several significant macroeconomic factors, including the recession, Brexit, and the pandemic.

From buying the land to securing funding to obtaining planning permission – I often referred to the project as a multi-miracle problem!”

On its completion, Rob was awarded the Simms Medal by the Royal Automobile Club, which recognises an outstanding contribution to motoring innovation by individuals or small companies and one that exemplifies the “spirit of adventure.” It is awarded to the most ground-breaking motoring endeavours of recent years.

Plans for future development The facility opened for business in 2021, but Rob and his team have plans to enhance the tunnel further. These include adding force plates in the road’s surface, which will allow engineers to instantly measure downforce, as well as an ultra-wideband indoor positioning system to enable accurate measurement of speed and location inside the tunnel.

As with the majority of the stages of the tunnel’s development, future plans will likely present further hurdles for the innovators at Catesby to overcome.

However, by working with Lodders, including dispute resolution expert Jane Senior, the team is well-positioned to tackle any issues head-on and continue to drive innovation.

Catesby Tunnel W: www.catesbytunnel.com E: info@catesbytunnel.com Jane Senior E: jane.senior@lodders.co.uk T: 01789 206149

Client profile Catesby Tunnel

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Diversifying for the

future

Nestled between the North Warwickshire towns of Atherstone and Coleshill, the Merevale & Blyth Estate is a privately owned and managed landed estate that is steeped in history.

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s well as having a home farm that comprises arable and grassland, the Estate also includes let farms, extensive woodlands, and a diverse range of property.

Developing the Estate’s resources for the long-term, whilst retaining its unique and traditional character and working in partnership with the local community, is the central focus for all activities on this busy, rural Estate as it continues along its journey towards a more regenerative style of farming.

The Estate: at a glance Merevale Hall has been under the ownership of the Dugdale family since 1767. The Grade II listed building was rebuilt circa 1840 in the Elizabethan style of architect Edward Blore. Grade I listed Blyth Hall has been in the Dugdale family since 1624.

Dramatically situated at the end of a narrow peninsular of hill above Atherstone, Merevale Hall is now enjoyed by Sir William Matthew Stratford Dugdale and his family.

The gardens are a mixture of formal, informal, and kitchen, and the surrounding parkland includes woodland and lakes.

Approximately 30 percent of the Merevale & Blyth Estate is arable land, farmed in-hand by contract arrangement. 28 percent is wooded, while the remainder is let for either agricultural, amenity or commercial purposes. This includes residential and business premises, all of which are let

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Client profile The Merevale & Blyth Estate

and managed through the Estate Office.

Around 40 years ago, the Estate was home to four separate dairy farms, before the decision was made to combine them and operate as one arable contract, farming wheat, barley, rape, and linseed, as well as grain maize – a sought-after cattle food maize that is typically imported into the UK. The Estate employs around 20 staff both in and outside of the office, and each year it takes on a student land agent from Harper Adams University on a sandwich placement to assist the Estate Manager and help to build up their practical experience.

Overall, the Merevale & Blyth Estate team is responsible for the day-to-day property management of over 500 residential, commercial, agricultural, and other lets, the management of an in-hand commercial shoot, as well as the upkeep of two listed properties and their parks.

Blyth

Hall

Blyth Hall is a Grade I Listed 17th Century Queen Anne country manor house located between Coleshill and Shustoke in Warwickshire.

Following an extensive refurbishment programme, the Hall is now a country guesthouse that opened for hire in June 2023. Sleeping 30, the stunning Hall comprises 13 bedrooms, including a three-room bridal suite, three reception rooms, a grand dining room and kitchens.

Bursting with character, charm and rich family heritage, the Hall boasts open fires, and extensive riverside lawns, parkland, and gardens for the guests to enjoy.

Find out more: www.blyth-hall.co.uk

Natural regeneration

Property makers Owing to the Estate’s objective to grow through sustainable diversification, it offers many commercial development opportunities, which are undertaken either by the Estate Offices or through partnerships, to fit alongside its other property lettings.

Together, these three renewable energy generation sites can produce upwards of 17.5 MW of energy, enough to power around 15,000 homes.

The Estate has seen a great deal of change over the years. Recent commercial projects include the development of the former Baddesley Colliery to a car storage depot, a pub and hotel development, and the production of renewable energy from the Estate’s woodlands used to heat the Estate Office and the Hall. The Estate also lets out land to accommodate three key energy generation schemes, all situated just a few metres from each other, including:

It is important to us that we strike a balance between conserving and protecting the countryside and natural landscape and encouraging the rural economy to flourish through sustainable diversification. Development is happening all around us; we’d be missing out if we weren’t a part of that.

• Anaerobic digester – run by Biogen, the plant uses supermarket waste to generate methane, which is used to generate renewable heat and power.

• Biomass energy – located on the site of the old coal mine waste heap, producing electricity from biomass waste.

• Solar farm – a solar field spanning 14 acres.

Of the Estate’s diversification strategies, estate manager Roderick Duggleby says:

As an extension of his estate management role, Roderick embarked on a 300-acre Countryside Stewardship Scheme in 2019. The government-run scheme provides financial incentives for farmers, foresters, and land managers to look after and improve the environment.

Merevale Estate is actively involved in large-scale woodland plantings, environmental land management schemes, and efforts to increase biodiversity through habitat creation and maintenance, as Roderick explains: “We have planted over 100 acres of wildflowers, new hedgerows, built wildlife corridors alongside wooded areas and provide over 10 tons of supplementary feed for wild birds every winter. This has led to a boom in wildlife, with all sorts of animals spotted on the Estate, from red kites and muntjac deer to yellowhammers and grey partridge.

The farm and our stewardship efforts run side-by-side, and we have plans to blend the two later down the line.

“Whilst management of the woodland used to cost the Estate money, it is now economically beneficial to us, through our engagement with Stewardship initiatives and the repurposing of materials. Even the heating for Merevale Hall is produced through dried wood chippings from timber felled.”

Client profile The Merevale & Blyth Estate

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Meet the Estate Manager Roderick Duggleby How long have you worked at the Merevale & Blyth Estate?

22 years since graduating from Harper Adams in 2001.

Where do you live on the Estate?

I live with my family and dogs in an old, thatched cottage, named after a local baker who was born in the early 1900s and spent his entire 96 years of life living and working on the Estate. He lived an extraordinary life, including surviving as a prisoner of war during both World Wars. It is important to me that these pieces of the Estate’s history are never forgotten.

What does an average day look like?

No one day is the same and I’m always plate-spinning! I can go from a management meeting to dealing with trespassers to greeting guests at Blyth Hall. I work long hours and weekends, but it is a very rewarding job, and more of a lifestyle than an occupation.

What is the most challenging part of your role?

There is such a wide variety of work on a rural estate so keeping up with all the management tasks and development projects can be demanding. Whilst mostly harmless, trespassers on the Estate can be a challenge, and at all times of the day too. Fly tipping is also a big issue, and tyres that are dumped can be costly to clean up.

How do you work with the local community?

As Chairman of the Parish Council, I strive to ensure that the Estate and the community work together harmoniously.

We always aim to use local, skilled contractors for property maintenance work, and allow community groups and local schools onto the Estate during bluebell season.

Merevale Estate also makes a significant donation to a local committee each year to fund new resources for the community, whether that be chairs for the community hall, or AstroTurf for the local football pitch.

Honesty and enthusiasm The Estate was looking for a fresh approach to its legal matters and chose Lodders based on the firm’s strong reputation in the agricultural sector, as well as its broad-ranging expertise.

Roderick says:

Selecting a law firm that is well-aligned to the values of the Estate was crucial: honesty and enthusiasm are two key principles we value highly. As a firm, Lodders has these in abundance.

"Lodders is a natural fit for us, with a team of solicitors that covers a range of different areas, from agricultural law to commercial property and litigation. We have worked closely with Alastair Frew who has provided excellent communication and strong expertise."

The Merevale & Blyth Estate E: rduggleby@merevale.com Alastair Frew E: alastair.frew@lodders.co.uk T: 01789 206117

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Client profile The Merevale & Blyth Estate

Designing a dining experience with a

lasting impact

Grace & Savour Restaurant

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t the heart of Hampton in Arden lies Hampton Manor, a 19th-century boutique hotel that is serving up a new level of fine dining for food fanatics to tuck into.

But when experienced hoteliers Derrick and Janet Hill acquired the property in March 2008, it was nothing more than a dilapidated old country manor house.

They charged their son and daughterin-law, James and Fjona Hill, with unleashing its potential.

James and Fjona were both just 26 at the time, and it was one of the most daunting times of the couple’s lives, as they set to work stripping the Grade II listed property back to its bare bones and transforming it into the luxurious hotel that it is today. Fjona explains:

The process really surprised us, getting to know the artisanal makers we worked with and watching them hone their craft was inspiring – and we learned to love the beauty that grows out of patience.

Today, Hampton Manor offers luxurious accommodation with a contemporary and sophisticated style, whilst maintaining many of its original features.

Set within 45 wooded acres, the Estate comprises the Manor, a fifteenbedroom hotel and a four-bedroom cottage; Grace & Savour, a walled garden restaurant with five dedicated suites; Smoke, a rustic restaurant and artisan bakery; and a woodland spa treatment room for guests to enjoy.

As creative director at Hampton Manor, Fjona leads all the design aspects of projects, from the Manor’s impressive interiors right through to the gardens and dining experience. James oversees the food and dining side of the business, working closely with Hampton Manor’s chefs on perfecting their menus and leading the high-performing team of 120+ employees.

Fjona and James Hill

Client profile Hampton Manor

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Biodynamic dining The jewel in Hampton Manor’s crown is undoubtedly its newest restaurant, Grace & Savour. Built into the walls of the walled garden, diners can enjoy a fifteen-course tasting menu served from an open kitchen as part of a fully immersive dining experience that celebrates a revolution in growing and farming. Grace & Savour’s head chef, David Taylor, believes this approach is the key to unlocking flavour.

A rich history Hampton Manor is the former estate of Prime Minister and founder of the British Police Force, Sir Robert Peel. Following the death of his father, Sir Robert’s son, Frederick Peel, commissioned the building of the current Manor House, and in 1855, William Eden Nesfield designed the handsome Neo-Tudor Gothic building that we see today, complete with an ornate clock tower and walled garden.

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James explains: “Having worked at a handful of top restaurants, including Maze with Jason Atherton, Purnell's, and Maaemo (where he was part of the team that won a third Michelin star for the restaurant), David was our number one choice for taking on the Grace & Savour project. With a growing passion for biodynamics – a holistic, ecological, and ethical approach to farming, gardening, food, and nutrition – it felt like the opportunity was meant for him.

“Every choice on Grace & Savour’s menu is underpinned by a commitment to soil health, biodiversity, ethics, and sustainability. David spent his first year at Hampton Manor building a supply chain devoted to regenerative and organic

Client profile Hampton Manor

farming and chemical-free practices. We visited an array of farmers and fishermen across the UK, seeking out businesses that use sustainable practices such as re-wilding, diversification, agroforestry, and biodynamic farming.”

We are rooting our food in a farming system that is doing things the right way.

The team’s hard work paid off; just one year after opening, Grace & Savour won a Michelin star, was named the best restaurant in the UK by SquareMeal and secured a place in the Good Food Guide’s 20 Most Exciting Restaurants of the Year.

The focus on the origin of ingredients also flows through the wine selection at Grace & Savour. In 2019, Hampton Manor won AA Wine List of the Year based on its ethos around the winemakers and growers that it works with.

A labour of love The walled garden, which was derelict when James and Fjona took over the estate, has been returned to its bounteous glory and remains the main source and inspiration for much of Grace & Savour’s tasting menu. The garden benefits from mixed cropping, where multiple plants are planted simultaneously in the same areas, which helps maintain a balance of input and outgo of soil nutrients. The result is not only more nutrient-rich food but also more flavour on the plate.

Structuring a large estate The focal point of the Hampton Manor guest experience has now shifted to become its walled garden and the immersive dining experience that Grace & Savour offers, with the Manor House more often used for larger events, particularly weddings, conferences, and corporate experiences.

“Our experience of working with Lodders has been brilliant,” James explains. “The team delivered a robust solution that proved invaluable when the pandemic hit. The advice they delivered has enabled us to become more resilient as a business, and that has been really powerful.”

Prior to the pandemic, James and Fjona made the decision to revisit how they structured the property on the estate, both to maximise security and to seek out opportunities to leverage their assets effectively. This proved to be a highly strategic move, enabling them to navigate some of the financial pressures of the last four years more easily.

The pandemic provided Hampton Manor with the opportunity to capture the imagination of its customers. The team quickly pivoted into delivering ‘restaurant in a box’ takeaway meals and created ‘how to’ videos to help customers to assemble them. When the venue was able to reopen, it was exclusively looking after couples owing to social distancing rules, and again the team identified a new

opportunity, creating unique two-night experiences centred around rustic dining for customers to enjoy. These proved so popular, they continue to run today.

Looking to the future, the Hampton Manor team is already working on creating new dining experiences alongside its existing offerings, including an opulent Indian wedding banquet designed in partnership with Aktar Islam, head chef at Opheem in Birmingham.

Hampton Manor W: www.hamptonmanor.com E: james@hamptonmanor.com Leanne Lawrence E: leanne.lawrence@lodders.co.uk T: 01789 206134

Client profile Hampton Manor

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David Smart and Alastair Frew

Smart

thinking

Smart Farms at Stone End has undergone a dramatic evolution in the 74 years it has been in the Smart family.

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et in the countryside village of Churcham in Gloucestershire, the third-generation farm was purchased by farmer Harold Smart in 1949 and is now jointly owned by grandchildren David and Peter Smart.

After starting life as a 250-acre, purely arable farm, the business has expanded over time and now oversees combined crops, poultry, renewable energy projects, and a mixed-use business park.

Diversification

In 2003, the Smart family expanded into commercial property when work began on the construction of a light industrial development on the site. Churcham Business Park is comprised of stylish, purpose-designed buildings with a mix of industrial and business space.

David Smart says: “As is the case for most farms in the region, we knew the land on our farm was not suitable for growing high-value crops like potatoes, but its close proximity to the M5 and Gloucester – which is home to the most inland port in the UK - makes it the ideal place for a business park. The key to diversification is playing to your strengths.”

Lodders Life Issue 9

In 2013, Smart Farms invested in and installed 25 biomass boilers, providing the farm with a renewable heat source in place of the previous fossil fuel heating.

Solar panels were the next venture.

The panels provide 40 percent of the electricity needed to run the farm as well as producing excess energy to power local homes through sale to the National Grid.

Balancing risk

Keen to follow in the footsteps of their father and grandfather, David and Peter Smart took on the running of the farm.

They purchased the neighbouring farm and invested heavily in poultry to bolster the farm’s future.

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Sustainable energy

David explains that there is always a degree of risk associated with diversification, particularly with renewables: “My best advice to other farmers and landowners is to only embark on renewables projects for sound business reasons. After all, it is a holistic business decision and will impact the future of the farm. When taking up grants, you should first ensure that the project can stand on its own and has a sustainable and robust future when the funding has depleted. Lastly, be aware of the pitfalls of capital taxation, and giving away control over parts of your land that you then cannot have any say on.”

Client profile Smart Farms

Long-term relationships As a family-focused business, Smart Farms prides itself on building long-term relationships with staff, advisors, suppliers, and customers. “We have 15 members of staff, all of whom are very important to the company and have been with us for a long time,” David says. “We like to work with people who we know and trust, who have the same values as us, and who demonstrate honesty and integrity in everything they do.

“As a firm, Lodders is perfectly aligned with our values and holds our relationship in high regard. We’re looking forward to continuing our work with Lodders as we use the economic strength of the business to sensibly expand and futureproof Smart Farms for generations to come.”

Smart Farms E: david@smartfarms.co.uk Alastair Frew E: alastair.frew@lodders.co.uk T: 01789 206117

How does Biodiversity Net Gain affect landowners and developers?

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o understand how Biodiversity Net Gain (BNG) impacts developers and landowners, we must first explore what it is and its role in the context of land development.

What is BNG? BNG is an approach that aims to leave the natural environment in a measurably better state than before by creating or enhancing habitats in association with development.

The Environment Act 2021 imposes a mandatory requirement for a minimum 10 percent increase in biodiversity compared to the pre-construction condition of the development site. This will apply from November 2023, unless a development is exempt. From this date, every planning permission granted for development in England will include a planning condition that development cannot commence unless a BNG plan has been submitted to, and approved by, the Local Planning Authority (LPA).

BNG is measured using Defra’s Biodiversity Metric which evaluates changes in the extent and quality of habitats for nature and compares the habitat found on a site before and after development.

The Act sets out a ‘mitigation hierarchy’ which encourages developers to first seek to avoid harm by mitigating and enhancing biodiversity measures on-site. If this can’t be done, developers should aim to secure local compensatory habitat creation through the purchase of local biodiversity units.

As a third and final option, developers must purchase statutory credits to fund local and national conservation and natural capital priorities.

BNG and landowners If you are a landowner, you can consider different options for the delivery of BNG on your land, including habitat banking, or selling BNG units to a developer through a habitat bank operator, a broker, or via a trading platform.

A 30-year commitment is required, which will be documented within a legal agreement.

Landowners should also think about whether BNG units can be combined with other environmental payments.

Obtaining specialist tax advice is strongly recommended.

Consideration should be given to unconditional dates, onerous conditions, and the deduction of associated BNG costs.

Developers can also benefit from commercial opportunities, such as purchasing additional land for habitat banking or offsetting their own BNG requirements.

How can Lodders help?

Since 2020, Lodders has worked with many landowner clients to develop and facilitate biodiversity management agreements with local authorities that were early adopters of the BNG policy.

The BNG units created under these management agreements have been successfully sold off to developers to discharge their BNG obligations.

We can advise on the developing law surrounding BNG, and act on your behalf in establishing habitat banks or in entering into agreements with the LPA or responsible body.

Victoria Longmore E: victoria.longmore@lodders.co.uk T: 01789 206119

BNG and developers Developers should consider BNG at the site selection stage and ensure that it feeds through to the design proposals.

BNG will have an impact on the negotiation of land agreements, including options, promotions, and conditional contracts.

Biodiversity Net Gain

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people

news update

Making a difference F

rom participating in boat races to ballroom dancing, there is no denying that Lodders people are a talented bunch and are always prepared to go above and beyond to help raise money for worthy causes.

At Lodders, we believe that all charitable involvement, big or small, is important and worthwhile.

Here are some of the great ways our team members have supported charities.

Racing to the finish line Nicole Harrison, legal secretary in Lodders’ Real Estate team, participated in the Dragon Boat Race on 16 October 2022. A total of 17 teams competed and the event raised £25,000 for The Shakespeare Hospice. With less than one second making the difference between first and second place, we are very pleased to say that Nicole’s team, SUP Stratford, was crowned the winning team!

Being a friendly face

Mental health support

In February 2022, members of our Care & Capacity team completed the Dementia Friends course. Gemma Bryan, Sharon Crosby, Michael Neal-Brook, and Jacqui Brampton all took the course to learn more about dementia, so that they can support their community. Dementia Friends helps to raise awareness and understanding about dementia, so that people with the condition can continue to live in the way that they want.

Andrew Wylde, commercial litigation solicitor in our Dispute Resolution team, is a Trustee of Birmingham Mind.

Andrew is heavily involved in the provision of support services to individuals with mental health needs in the West Midlands area. Founded in 1962, Birmingham Mind supports more than 25,000 people every year.

Rocking out Stuart Price, partner in Lodders’ Commercial team, performed in a band at Tunsfest, an annual music festival held at the Three Tuns Public House in Sutton Coldfield, to raise money for local charities.

The popular event often sells out, with around 700 people attending and 10 bands playing each year.

On your bike!

In July this year, Mike Wakeling, partner in Lodders’ Dispute Resolution team, took part in the Molly Ollys charity bike ride. The ride took place from 7 to 9 July 2023, running from Exeter to Warwick. The bike ride was in aid of Molly Ollys, a charity that grants wishes to children with life-threatening illnesses.

Lodders makes ten promotions W

e are delighted to announce ten promotions across our Real Estate, Dispute Resolution, Business Services, Agriculture and Rural, Private Client, and Operations teams, including three legal director appointments.

In Lodders’ Real Estate group, Constantine Berry and Josy Haigh are promoted to legal director, Laura Taylor to senior associate and head of the New Homes team, and Lauren Pearson, who

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People news

joined Lodders as a paralegal in 2014, and completed her training and qualified as a solicitor at the firm, is also promoted to senior associate in the Strategic Land and Residential Development team.

Property dispute resolution specialist Ellie Crofts is promoted to legal director within our Dispute Resolution practice.

We also promoted Nicola Vernon to associate in our Business Services group, Nicola Beach to senior associate in our

Agriculture and Rural team, and Alexia Haines to associate in our Private Client team, which is one of the largest dedicated private client practices in the region.

In Lodders’ Operations team, Emily Brampton becomes facilities manager, and Will Elson is promoted to digital marketing executive at the firm. As Lodders’ first-ever marketing apprentice, Will joined the in-house marketing team in November 2021.

Stuart Price, rocking out

Fun ways to fundraise Beverley Morris, partner and head of Lodders’ Family Law team, raises money for Cystic Fibrosis charities through hosting regular quiz nights and holding raffles.

This is a cause that is close to her heart.

Outside the 9 to 5 On 22 September 2023, Vivienne Middleton, partner in our Family Law team, will take part in Strictly 9 to 5.

Don’t be fooled by the name though, this is far removed from Vivienne’s regular job!

Organised by No.5 Barristers’ Chambers, Strictly 9 to 5 is a dance competition. This year its compere will be Will Mellor, Strictly Come Dancing’s 2022 semifinalist, while past professionals from the show, Flavia Cacace and Pasha Kovalev, will be judging the dancers. Taking place at the ICC in Birmingham, the event will be raising money for the Child Brain Injury Trust and Midlands Air Ambulance. We’re looking forward to cheering Vivienne on from the audience!

Lodders’ managing partner Paul Mourton says:

This latest round of promotions represents the broad range of legal skill and talent within the firm and reinforces our commitment to developing individuals who bolster our sector-leading expertise and provide outstanding client service.

Recognising and developing the talent of our people will continue to be an integral part of our growth strategy which has seen us become one of the leading and fastestgrowing law firms in the region.

Will Elson, Nicola Beach, Laura Taylor, Lauren Pearson, Nicola Vernon, Emily Brampton and Constantine Berry

Josy Haigh, Alexia Haines and Ellie Crofts

People news

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Graham Spalding

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e caught up with Graham Spalding, partner and head of our Business Services group, to find out more about his ambitious plans for the growth and development of the group which now comprises our Corporate, Commercial, Employment and Charities teams.

With a specialist interest in advising clients on corporate acquisitions and disposals typically in the £3-25 million deal size range, Graham has been instrumental in developing the group to widen the legal support it can provide to business and owner managers. It now advises clients on corporate transactions, reorganisations, commercial contracts, IP, employment, disputes, and related matters.

“I have always worked in the law, after seeing if tennis was a potential career option – it wasn’t! My career spans over 30 years, having spent six years at Eversheds, 17 years at Wragge Lawrence Graham (now Gowlings), and four years at City practice RPC, before joining Lodders in 2019. Over the last four years, my focus has primarily been to drive the strategic growth of Lodders’ Business Services group.”

The growth of the group has included key partner hires, including Bradley Quin (Corporate), Stuart Price (Commercial and IP) and Damian Kelly (Employment).

“We have our sights firmly set on becoming the “go-to” provider of commercially focused legal services to businesses in Warwickshire and the M40 corridor. We are very keen to build up the number and quality of our corporate clients with whom we work regularly.

We work with the wider Business Services team across the firm’s network of offices, for example our Commercial Litigation, Property and Private Client groups, so can offer a great and responsive solution for most of the legal challenges businesses face.”

Lodders’ Corporate team completed a record-breaking £100 million total value of deals last year. Notable deals led by

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Graham include the completion of the sale of Birmingham-headquartered Frontier Development Capital Limited to AIM-listed Mercia Asset Management plc in December 2022, followed hot on the heels by the £10 million sale of Sweetfuels Limited to AIM-listed NWF Fuels.

Graham explains: “The number and value of deals completed by the team have surpassed previous figures, with 2022/23 being a very active, busy, and rewarding period. As the team has grown (we now have two partners and five associates focused on corporate work, making us one of the larger teams in the region), so too has the typical deal size for us.

“We were particularly pleased to have acted on the sale of Frontier Development Capital. A well-known funder to regional and national M&A deals, Frontier Development Capital is also a significant provider of property finance, with £416 million funds under management at the time of the sale.

Lodders is an ambitious and growing firm, built on more than 235 years of providing excellent legal services for, in many instances, generations of clients. I am excited to continue building on the firm’s success and excellent reputation, and to grow the Business Services group even further over the next few years.

Alexis Nicholls

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lexis Nicholls, operations director at Lodders, is responsible for all the premises that fall under the Lodders domain and the way we operate within them. She is head of client services, facilities, environment, and health and safety, in addition to controlling the associated budgets, procurement, and people management.

It may sound like a lot to take on (and it is!), but it is a role that Alexis finds very fulfilling.

“I love knowing that what I do makes a difference, not just to the success of the business, but to the wellbeing of the great people who work here and the impact the firm is having on the planet. It’s a very rewarding role.

“One part of my job that I particularly enjoy is working on relocation projects and the process of taking a vision to a drawing, making that drawing become a reality, and then helping it to come alive. It’s challenging, and the pressure can be immense, but it’s so satisfying to know that what I’ve just achieved is a significant marker in the firm’s history.

“Renovating and opening Glensanda House is a key landmark in my career journey. I’ve opened and renovated all of our current offices over the years, but that one felt uniquely special.

It was such a grand (but challenging) building to work with, in a fabulous location, and a real honour to deliver.

Being made a director definitely feels like my greatest achievement to date, after years of rising through the career levels; I was promoted to operations assistant, then manager, then associate director, and so to get the director ‘feather in my cap’ felt like a huge accomplishment.

“Whilst I’m not sure anyone would consider a global pandemic a ‘highlight’, being given the very daunting responsibility of navigating the firm through that storm will remain a significant career milestone for me.”

It is perhaps no wonder that Alexis has so many highlights during her time at Lodders, given that she has been with the firm for more than half her lifetime!

“I joined the firm as a junior secretary working for Mike Wakeling in the Litigation department at the age of 19.

It was my first proper job, having travelled around the world after finishing my A-levels. I knew nothing about Lodders or law, I just needed a job.

“I think I must have seen an advert in the Stratford Herald (back in those days that’s how recruitment was done!), but I can’t remember what made me apply or why I thought I would be remotely suitable! I’d never even typed before and I certainly didn’t know what the

word litigation meant, but Mike took a chance on me nonetheless and I will be forever grateful that he did.”

While her role can be very demanding, Alexis always ensures she has time for family, which is something she believes is a cornerstone of Lodders’ culture too.

“Spending time with my two daughters, Darcie and Liv, while they’re still prepared to hang out with their mum is so important to me. Much of my free time is spent at the side of an athletics track coaching and cheering on Darcie and the fabulous squad of young athletes I look after.

“As a firm, we’ve worked hard to instil the need for a healthy work-life balance and the importance of one’s wellbeing, so away from the office I can usually be found at my local health club either on the gym floor, in the pool or lying in the sauna, depending on how my day has gone.

“We appreciate our staff are individuals and it is important to offer them flexibility to work in a way that best suits them.

Regulating this and maintaining balance and consistency between groups is a key part of making Lodders the fair, inclusive, and collaborative firm that it is.”

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Katie Mann

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solicitor in Lodders’ Property Dispute Resolution team, Katie Mann is an expert when it comes to contentious commercial and residential property matters. From boundary disputes to breaches of tenancy agreements, she has enjoyed advising across a whole range of contentious property matters since joining the team in September 2020. We sat down with Katie to find out more about what her life at Lodders has been like over the last four years.

“Having previously worked for another legal services provider in Stratford upon Avon, Lodders was already a familiar name to me. I’d also had the opportunity to work with some of the firm’s solicitors whilst at my old firm, so I had a general idea of the services Lodders offered, and it seemed like a great place to work!

For Katie, the decision to stay with Lodders beyond her training contract was a straightforward one. She continues: “Having trained with the firm, I was keen to stay after qualification. I had gained invaluable experience as a trainee and wanted to learn more from the skilled solicitors I had worked with.

“I joined Lodders in March 2019 as a trainee solicitor. During my training contract, I worked across the firm within its Private Client and Real Estate teams, as well as in its Business Services group.

For my final seat, I then moved into the firm’s Property Dispute Resolution team and have remained here since qualifying as a solicitor in March 2021.

“Since qualifying, my workload at Lodders has been very varied.

I particularly enjoy advising on both residential and commercial landlord and tenant issues. I also like advising on boundary disputes and rights of way issues and I’m often instructed on title reconstructions of unregistered property.”

“When I joined the Property Dispute Resolution team, I instantly felt at home.

I really enjoyed the work, which, having done no contentious work previously, I was very relieved about!

I quickly realised that I enjoyed the problemsolving involved in dealing with disputes, and also the deadline-driven nature of litigation. It felt like the perfect fit, and my colleagues within the team are all wonderful.

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Katie notes that considerable change may be on the way for the property sector: “There are new regulations relating to minimum energy efficiency standards in commercial property which will affect commercial landlords. There is also considerable reform on the horizon in both commercial and residential landlord and tenant law. Updates to the Landlord and Tenant Act 1954 have been proposed, which will affect business property, and we are waiting for the Renters Reform Bill to be introduced, which will affect residential tenancies and evictions.”

Outside of work, Katie is an avid rugby fan, a live music enthusiast, and an animal lover. She is also a trustee of the Lodders Charitable Foundation, which raises money for charities local to our offices.

Since its inception in 2016, the Foundation has raised and donated an incredible £75,000 to its chosen charities.

QA &

Chris Dewes, Lodders’ head of Commercial Property Development & Investment What does your role at Lodders involve?

Looking back, what first attracted you to Lodders?

I’m a partner at Lodders and head of the Commercial Property Development & Investment team. We act for developers, investors, and other clients on complex transactions including dealing with acquisitions, agreements with occupiers, funding, disposals, and other bespoke matters.

I’d known Paul Mourton and Mark Miller for some time and always thought Lodders to be an excellent firm. Shortly after the pandemic, Paul contacted me to say Lodders had extended its Birmingham office space and now offered hybrid working. We then began discussing the opportunity in more detail and I knew it was something I wanted to pursue as I thought Lodders would be a great fit for me.

My role involves a fair amount of out-the-box thinking to determine what is needed, breaking this down, and working out which bespoke documentation is likely to be required.

I’m also experienced in helping clients to reach the endpoint; a big part of my role involves preparing, negotiating, agreeing, and exchanging documentation for clients to enable them to obtain the necessary planning permission and subsequently develop the property concerned to create a fundable investment.

In your career to date, what has been your favourite project to work on?

I honestly haven’t got a favourite project but when I look back there are a few that stick out. Some projects are memorable because they were challenging technically, and it took a lot of effort and ingenuity to get them over the line.

There are other landmark projects e.g., Arena Central in Birmingham that I am proud to have been involved in.

Are you working on any exciting cases at the moment?

Lots! As a team, we have an interesting and varied caseload relating to a variety of matters. No matter or day is ever the same and I like the challenge.

Finally, what does life outside of Lodders look like to you?

I’ve always been very sporty and competitive, and I still like to stay active by going skiing, golfing and running when I can. Before I started work, I did a fair amount of backpacking including trips around Europe and the world; those sorts of trips still appeal to me more than lying on a beach! My family also keeps me busy. We’ve been through GCSEs and A-levels this summer and it’s great to unwind taking our dog on long walks.

We are advising in relation to village centres and other schemes including commercial with supermarkets, mixeduse, warehousing and logistics.

Chris Dewes talking with colleague Ian Yarde

Q&A Chris Dewes

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Alex Robinson, Paul Mourton, James Spreckley, Richard Smith

Navigating the challenges and opportunities of farming today With change continuing to characterise the agricultural sector, Lodders’ bi-annual Rural Conference brought together speakers from across the farming industry to discuss some of the ongoing developments and the increased focus on environmental outcomes, as well as key new opportunities for generating income.

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peaking at the event were industry specialists from Defra, Nature Capital and Zulu Forest Sciences, Daylesford Organic and JCB Farms, and the North East Cotswolds Farmer Cluster.

Funding developments Manjeet Kumari-Lal, head of engagement at Defra, explained that new reforms are being introduced designed to maintain food production and enhance the environment, climate, and animal health and welfare. Whilst recognising that this level of change may be a daunting prospect to many farmers and landowners, she emphasised that new funding and incentives are available:

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Rural Conference

“The farming sector is facing major changes – the biggest changes seen this generation – meaning maximising the efficiency of land is more crucial than ever before. At Defra, we are changing how we work with farmers, including increasing our investment in farms to help support food production and introducing new grants and ongoing payments.”

Harnessing natural capital Experienced farmer, co-founder of Nature Capital, and director at Zulu Forest Sciences, Alex Robinson spoke about how natural assets can be viewed through a natural capital lens. This approach can be used to identify opportunities that unlock the assets’

value, in order to maximise the potential of a farm’s land and assets, and those of the regional landscape as a whole.

He explained: “The natural capital approach involves examining natural assets through different lenses, to identify how they can offer more versatile benefits. For example, soil types and water quality can be considered in terms of the impact they have on habitat needs.

It is also necessary to think about the bigger picture by focusing on long-term benefits when it comes to such assets.

For example, carbon storage can take decades to expand to the point of offering maximum removal potential, due to how long it takes for planted trees to grow.”

Collaborative working

Organic success

Alex also highlighted the importance of collaborative working to maximise benefits from natural capital. This message was echoed by Tim Field, facilitator of the North East Cotswolds Farmer Cluster and founder and CEO of Carbon Quester, who believes landowners can work collectively to deliver better environmental outputs and secure enhanced reward through farmer clusters.

Richard Smith, farms director of Daylesford Organic and JCB Farms, shared the story of the growth and development of the farming business over the last 35 years.

Tasked with building a brand around a farming business that can be trusted, Richard has spearheaded the traditional, organic, and environmentally friendly approach to farming that Daylesford is now renowned for.

The North East Cotswolds Farmer Cluster, which already includes 43,000 hectares across 140 farms and estates, aims to lead landscape-scale regeneration of the farmland environment and local food networks in the region through collaboration and knowledge exchange.

He explained: “The idea behind Daylesford Organic’s Farm Shop was to sell the farm’s produce, including meat, cheese, and milk, in order to offer visitors another way of engaging with the business, as well as minimise waste.

100 percent of the milk produced on-site is used in Daylesford’s own creamery and sold as end produce, such as milk and cheese.”

Seeing the demand for sustainable, organic food grow at a rapid rate, Richard tightened his focus on the organic aspect of the business: “When farming organically, uniformity is key.

This is achieved largely through selective breeding. It is important to remember that quality truly is paramount, and

customers take organic produce very seriously, so farmers need to do the same. Adopting a pedigree approach when growing your farming business is key. For Daylesford, quality is everything.”

In 2011, Daylesford Organic joined forces with Ocado, giving them the opportunity to sell their products online and further bolster their brand. It was important to Richard and the Bamfords that the authenticity and heritage of the Daylesford brand weren’t lost, so a ‘shop within a shop’ was created on the Ocado website, which was a first for the grocery retailer.

Fast-forward to the present, and the Ocado partnership is still going strong.

There are also now six physical shops operating as part of Daylesford Organic: four in London and two in the Cotswolds.

Richard’s advice for marketing a farming business is simple but effective: “Make sure to demonstrate your passion for your business when communicating with your audience. Passion and an honest, unique story hold the key to engaging customers and encouraging them to buy into your business.”

Viewpoint James Spreckley, head of Lodders’ Agricultural & Landed Estates team, offers his insights on the current state of play in the agricultural sector.

"The agricultural sector is currently grappling with the phase-out of the Basic Payment Scheme and the ever-growing focus on natural capital, the climate emergency, and habitat enhancement.

Combined with market forces such as the war in Ukraine, high inflation rates, and rising agricultural costs, farming businesses face a challenging climate and are having to look at new ways to bridge the financial ‘gap’ that is forming.

“But the rural sector is adept at adapting and embracing change and is currently seeing speculative investment funding coming in with an eye on carbon sequestration opportunities, as well as significant changes to the basis for government support, with a growing focus on ecosystem services such as biodiversity net gain. Accessing these new funding opportunities is going to be key to supplementing the returns from food production. Indeed, farmers are increasingly becoming managers of a mixed portfolio of land uses.

“The Agricultural and Landed Estates team at Lodders continues to help clients with the ‘usual’ matters, such as land dealing, succession planning, and partnership arrangements. However, times are changing, and if farming businesses are to thrive, then it is hard to see how some engagement with carbon sequestration, net zero, and biodiversity can be avoided if access to funding is to be achieved or merely due to supply chain pressures.”

James Spreckley E: james.spreckley@lodders.co.uk T: 01789 206166

Rural Conference

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David Lodder

in celebration of 50 years

“Is David here?”

This is a question asked by many visitors to the Lodders stands at Moreton and Kenilworth shows, with people keen to catch up with David and enjoy a few minutes in his company.

David is synonymous with Lodders and it can often feel like he knows everyone, perhaps not a surprise given his 50 years with Lodders, and his many connections in the Warwickshire community.

"I started life as a property lawyer, acting for a number of clients including a retailer that was acquiring shops at retail parks across the country. I also acted for developers in acquisitions of properties in and around London. One particular property we developed was in Blackfriars – it was a multi-purpose office building that we eventually let out to Network Rail. Having had hands-on involvement in the family farm from a young age, I’ve always had a strong agricultural interest, and when I joined Lodders as a lawyer, I also took on the farm. During calving season, I would often be called away to calve a cow on my lunch break before going back to work at the office in Henley!”

Over the years, Lodders has grown significantly, with offices in Stratford, Cheltenham, Birmingham, and Henley.

When David and his fellow partners were developing the business, their aim was to maintain the caring and trustworthy approach the firm’s lawyers were known for. David explains: “The ethos we wanted to foster was very

much based around a ‘private client’ approach to client relations, rather than a corporate one. The firm has grown hugely since I stepped down as a partner, but this original ethos is still at its heart. It can often be difficult for organisations to maintain their core values as they grow, but in my view, Lodders has succeeded at this.”

Lodders is a firm that looks after its staff, puts its clients first, and gives back to the community, and I’m very proud to have played a part in its development.

"For me, Lodders has been, and continues to be, a way of life with humour being high on the list. The ability to laugh and take tension away is hugely important and helps to build a rapport with your clients and colleagues.”

Speaking about his biggest role model, David says: “It has to be my father. He was hugely respected both in the legal world and in the community. He was a pillar of society, and very much looked up to. Perhaps a bit remote as a dad by today’s standards, but a good example of how to live a life. He was also a great believer in everyone doing their bit.”

David has given so much to Lodders over the past 50 years, not least his endless appetite for progression and change, alongside preserving the firm’s culture and values. David was also the driving force behind the creation of the Lodders Charitable Foundation in 2016 and continues as its Chair.

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David Lodder

The Foundation has raised significant funds over the past seven years and supports regional charities where a real difference can be made, reflecting both Lodders’ and David’s longstanding commitment to our local communities.

David is a Deputy Lieutenant of Warwickshire, Treasurer of the rural charity the Farming Community Network (FCN), and a trustee of a number of other local charities. He is president of the Kenilworth and District Agricultural Society, and an active member of the Country Landowners' Association.

Together with his wife Kirstie, David has always provided a warm welcome to his beautiful farm in Henley in Arden, whether for a fundraising event for the Lodders Charitable Foundation or hosting the firm’s summer party – dodgem cars and all!

Lodders Charitable Foundation:

fundraising round-up Established in 2016, the Lodders Charitable Foundation (LCF) supports regional charities that make a real difference in their communities.

Since it was founded, the LCF has donated more than £75,000 to these local, independent charities.

All trustees of the LCF are members of the Lodders family, and we are proud that many Lodders employees are actively involved in the Foundation’s activities.

This year, we ran a number of successful events including the family fun day and dog show, and a quiz night.

Family fun It is often said that charity begins at home, and whilst that may be true, we were delighted to see so many families venture out to join our family fun day and dog show.

Attended by around 200 people, the family fun day was action-packed and offered something for everyone.

Children enjoyed the bouncy castle and scavenger hunt and families and their canine companions took part in our annual charity dog walk and dog show.

Held at Lodders Barn, the dog show featured a number of new classes, including a category for the dog that looks most like their owner! We were pleased to give out some lovely prizes to deserving winners on the day.

All donations went to the LCF and were split between Stratford Food Bank, NetworkFour, and Home-Start South Warwickshire.

We would like to thank everyone who volunteered to help make the event a success.

Quiz time In April, more than 80 Lodders employees participated in the annual LCF Quiz at The Embankment, Stratford.

With quiz rounds ranging from music and films to history and sport, our general knowledge was well-tested, all for the benefit of our chosen charity, Home-Start South Warwickshire.

Congratulations to our worthy winners, Sarah J Hawkins, Steph Smith, Sophie Hughes, Caroline Payne, Clare Tyas, and her partner Mark Golder, who were on team Never Gonna Quiz You Up.

Rhiannon Edwards, Katie Mann, Jacqui Brampton, Emily Brampton, and Zoe Ireland

Firm news Lodders Charitable Foundation

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Future rewards for cricket stars

Tom Smith

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ince 2020, Lodders has proudly partnered with the Professional Cricketers’ Association (PCA), with the firm being the headline sponsor of the PCA’s Futures Award initiative since 2021.

The annual Futures Awards are part of the PCA’s Personal Development and Welfare Programme and aim to highlight the work of PCA members who have proactively taken steps for their personal development. The winner of each category receives £2,000 towards their personal development and Lodders provides an additional £1,000 to the overall winner.

Nine months on from the 2022 awards, we sat down with two of last year’s winners Tom Smith and Fi Morris, to find out where they are now and how winning the accolade has helped them to develop.

Pitching for change Tom Smith was awarded the overall prize as well as winning the CSR and Community category, after impressing the judges with the impact and selflessness of his off-field activities.

The Gloucestershire spinner and coach played a vital role in advocating for critical illness cover for professional

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players, following the death of his wife, Laura, in 2018.

Tom wanted to make his fellow professionals aware of the importance of appropriate life cover, and his personal campaign has resulted in more than 500 PCA members across both the men’s and women’s games benefitting from the cover agreed.

Tom’s campaign doesn’t end with cricket – he is now aiming to advocate for critical illness cover for all the UK’s 17,500 professional athletes, starting with football and rugby, where he hopes to create further change for the benefit of others.

And, nine months on from the Futures Awards, Tom is preparing to further develop his leadership qualities as a player-coach at Gloucestershire having signed up for an emotional intelligence and leadership course at the University of Oxford. He is also keen to put some of his £3,000 prize towards innovative spin-tracking technology to aid his coaching ambitions.

The Professional Cricketers' Association

Fi Morris

Fi Morris, all-rounder for Thunder

Speaking about the Futures Awards, Tom said:

The whole process was so valuable because Lodders does genuinely care so much and want to help set each player up for their future career. It is so important for professional cricketers to ensure they are considering their personal development and making plans for the future.

"By being proactive, and using time outside of training and playing wisely, players can focus on their personal development and life beyond being a professional cricketer. Whilst it has been a challenge balancing the advocacy work with my cricketing career and caring for two young children, it has been an incredibly worthwhile and valuable process. It is my belief that in life you’ve got to go out and help yourself and look to create positive change for others at the same time."

Reigniting love for the sport Business Impact award winner, Fi Morris, is an all-rounder for Thunder – the women’s team representing Lancashire and the North West of England. Fi impressed the judges with her Throwing Academy initiative, the first of its kind in cricket.

Since winning the award, Fi has further developed the business, honing a speciality in shoulder injuries, and combining technique coaching with injury prevention and management support, with the ethos that she ‘only wants to see people once.’

Fi has worked with Bristol Physiotherapy Clinic to establish the business and delivers online consultations as well as face-to-face coaching. It’s not just cricketers that can benefit from the Throwing Academy’s offering, with it extending to any sport that involves throwing or overarm action from tennis and volleyball through to cross-fit and gym work.

Using her prize funds, Fi has invested in a new website for the business to help drive awareness and she also uses social media to successfully build her client base. Being very much in her sporting prime, juggling an intensive training and playing schedule with growing the business can be a challenge, but it has also played to her advantage. She explained: “Having a creative outlet allows me to relax away from cricket.

Cricket’s focus on individual performance can be mentally taxing, so it’s important to find ways to take care of your mental health.

“Whilst the recent growth of the women’s game has been phenomenal, it can also mean an increase in pressure and intensity for young professionals, so a strong support network is crucial. I am glad to be contributing to this by mentoring an aspiring pro cricketer and delivering talks at schools through my work with The Mintridge Foundation, which encourages young people to form a positive relationship with sport.”

Looking ahead, Fi has plans to participate in an exchange programme with Thunder and play for a team in Australia. The future is bright, and she recognises the importance of the support she has received: “Moving to Thunder, and making plans for my career after cricket, has given me the opportunity to start loving the game again.

The PCA has provided me with invaluable support, resources, and encouragement, and the Futures Awards helped me to realise the potential of my business plan and grow in confidence.”

The Professional Cricketers' Association

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Challenging

a will

If you feel you’ve been unfairly left out of a will, you have various grounds for bringing a challenge.

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ennifer Russell, private client expert, and Anjali Narshi, dispute resolution specialist, highlight some of your options.

Want of due execution

Undue influence

The first ground for challenging a will is ‘want of due execution.' In other words, you are concerned it has not been signed and witnessed correctly.

Secondly, the contents of a will must represent the individual’s true wishes.

If they were unduly influenced (through coercion or fraud) by someone else, this could invalidate the will.

Whilst there are certain exceptions, the following rules usually apply: • The person making the will should sign it. If this is not possible, they should make a mark such as a thumbprint, or direct someone to sign on their behalf in their presence.

• Nothing should be attached to the will (e.g., a covering letter attached with a paperclip).

• The will must show no signs of attempted destruction, such as tears.

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Legal updates

Family and friends may try to persuade someone making a will as to how they should leave their estate, but it will not amount to undue influence unless it can be proved that the will no longer reflects the individual’s true wishes.

Undue influence claims can be difficult to prove, as the testator will have died before the challenge is brought.

Lack of mental capacity For a will to be valid, the testator must also have the necessary mental capacity.

If you believe the testator did not possess the necessary mental capacity, it may be possible to challenge the will’s validity.

Reasonable financial provision was not made Finally, you can also challenge a will on the basis that ‘reasonable financial provision was not made.’ Claims in this area are open to: • Spouses and civil partners (both current and former).

• Children (and those treated as a child of the family by the testator).

• Financial dependants.

• Cohabitees who have lived with the testator for at least two years.

Claims are assessed on various factors, including wealth. If your claim is successful, a judge can set aside some, or all, of the will’s provisions and order that financial provisions be made from the estate. It is important to note that you only have six months after grant of probate to make a financial provision claim.

The above grounds are not an exhaustive list, so it is always advisable to seek specialist legal advice if you wish to challenge a will.

Anjali Narshi E: anjali.narshi@lodders.co.uk T: 01789 206137

Jennifer Russell E: jennifer.russell@lodders.co.uk T: 01789 206142

How solicitors add value in the

‘no-fault’ divorce era ’No-fault’ divorce legislation has been introduced to replace the previous requirement of proving a spouse was at fault for the breakdown of a marriage. It is intended as a ‘streamlined’ divorce procedure, outside of court, which allows couples to separate amicably.

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hilst no-fault divorce has brought positive changes to the divorce process, the need to seek expert legal guidance, support, and advice from solicitors remains. Family law specialist and partner at Lodders, Vivienne Middleton, explains.

What is no-fault divorce?

Unlike fault-based divorces, which required proving adultery, desertion, or unreasonable behaviour, no-fault divorce aims to promote amicable separations, eliminate the risk of defended divorce litigation, and protect the emotional well-being of all involved, especially children.

No-fault divorce may simplify the legal procedure, but it is still essential to consult a solicitor. Some key reasons for this are:

1. Fair financial settlements: The online divorce procedure succeeds in changing a party’s marital status to divorced but does not address the distribution of financial assets or spousal maintenance. The advice of a solicitor cannot be overstated in ensuring entitlements are understood and a fair settlement is achieved.

2. Future financial certainty: A final order (formerly known as the Decree Absolute) will dissolve the marriage, but it is not sufficient without a financial remedy order to achieve financial certainty. A financial remedy order cannot be obtained via the online divorce process and should not be entered into without first seeking advice from a solicitor.

3. Specialist expertise: Solicitors are experienced professionals with in-depth knowledge of family law.

We can guide you through complex legal procedures, ensuring your rights and interests are protected.

4. Procedural compliance: Divorce procedures involve various legal steps, deadlines, and documents.

Solicitors ensure all legal requirements are met promptly, to prevent potential delays and complications. We also help you navigate the complexities of litigation to ensure advice and representation is provided, paperwork is completed, and clients are supported, to achieve a fair outcome.

Vivienne Middleton E: vivienne.middleton@lodders.co.uk T: 0121 200 0890

Legal updates

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Renters Reform Bill

where are we now?

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f you’re a landlord of a residential property, you will be acutely aware of the proposed Renters Reform Bill.

We are now approaching four years since legislation to reform the rental sector was first pledged by the government, but we are still waiting for it to be introduced.

The good (or bad) news is that there is finally some progress to report because, on 17 May, it was introduced to Parliament.

However, this is just the first step in a long process of scrutiny and amendment by both houses before it becomes law.

What is being proposed?

The Bill intends to: • End ‘no fault’ evictions by repealing Section 21 of the Housing Act 1988.

• Impose periodic tenancies, with no fixed term, continuing until the tenant serves notice (likely to be two months) or the landlord serves notice, relying on one of the grounds for possession.

• Extend the grounds for possession available under Section 8 of the Housing Act 1988, i.e., so there are grounds to use if the landlord wants to sell their property.

• Increase notice periods if landlords want to increase rent.

• Provide a mandatory ombudsman process for the resolution of disputes, with the ombudsman potentially being able to impose fines of up to £25,000.

• Improve the court process for recovering possession if there is a breach.

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Lodders Life Issue 9

Legal updates

Further reforms are also being considered, including to: • Prevent landlords from refusing to rent to families, tenants with pets, or tenants in receipt of housing benefit.

• Apply the Decent Homes Standard to the private rental sector. This is currently in force for social housing but is likely to be extended to force landlords to bring their properties up to the condition required by the Standard.

At first glance, these reforms may look onerous, but for the majority of respectable landlords, they will pose few difficulties.

Whilst landlords can no longer limit tenancies to a fixed term, there will be extra grounds for possession which means they can recover their property in most circumstances.

The new grounds will be mandatory and include being able to serve notice if a landlord genuinely intends to sell the property, or if they need it back to live in it themselves or to house family members. Additionally, the usual grounds will still be there, i.e., for late or non-payment of rent.

What happens next?

Creating new legislation is a lengthy process. The bill must have a second reading, a committee review and report, and a third reading, all in the Commons before it is taken to the House of Lords where the entire process is repeated.

It will then return to the Commons for consideration of amendments before it receives final assent.

The first reading has already caused a stir, with Michael Gove, the Minister for Levelling Up, having to back-track and consider an amendment to permit fixed-term student lets to allow landlords to obtain vacant possession at the end of the fixed term, ready for the next cohort of students.

There are likely to be many twists and turns before the bill becomes law.

Lodders will continue to monitor its progress and keep you informed of new developments.

Mary Rouse E: mary.rouse@lodders.co.uk T: 01789 339123 Lauren Hutchinson E: lauren.hutchinson@lodders.co.uk T: 01789 206146

How can charities best utilise social media?

Social media can help your charity build brand awareness and share organisational updates, but it is not without risks.

The Charity Commission has published draft guidance to help you minimise issues surrounding social media usage.

M

ark Lewis, head of Charity Law at Lodders, outlines the key considerations.

1. Setting a social media policy This will help trustees, staff, and volunteers understand how your charity uses social media. The policy should also provide guidance on how to engage with the public on social media, set out conduct requirements, and explain what to do if something goes wrong.

Within its draft guidance, the Commission emphasises the importance of reporting serious incidents to them.

Ensuring your charity’s reputation isn’t harmed is part of charity trustees’ duties.

2. Managing potential risks when posting content

3. Engaging with controversial topics

The Commission states that your charity should ensure that social media usage is likely to comply with any relevant laws, such as copyright and defamation laws, as well as UK GDPR rules.

If your charity discusses controversial topics, the Commission suggests that you consider how this could affect your organisation’s reputation, the impact it might have on staff and resources, and whether your complaints process is fit for purpose.

Bear in mind that publishing some content can even result in a criminal offence. This includes content that is indecent, grossly offensive, or threatening, in addition to communications that constitute a hate crime or are otherwise malicious.

To this extent, the Commission recommends that if your charity is involved with vulnerable individuals or campaigns around controversial topics, you should seek independent advice from a qualified professional.

4. Campaigning and/or political activity If you are posting on social media, you need to be especially careful around election time. Your charity’s purpose must be for the public benefit and an organisation will not be charitable if its purpose is purely political. So, political campaigning cannot be a charity’s sole activity.

5. Fundraising via social media The Code of Fundraising Practice applies to fundraising on social media and outlines the legal rules and standards required for fundraising.

This includes the principle that your fundraising must be legal, open, honest, and respectful. The Commission expects all charities to fully comply with the Code.

6. Staying safe online The Commission requests that charities adopt processes to manage who has access to their social media accounts, and to maintain overall social media security. You should know how to identify and report fake accounts for individuals or charities, as they can share inappropriate content, harming your charity’s reputation.

Mark Lewis E: mark.lewis@lodders.co.uk T: 01789 206135

Legal updates

31

The most common

inheritance tax myths:

debunked

The tax-free threshold for Inheritance Tax (IHT) has been frozen in cash terms at £325,000 since 2009/10.

As everything above that threshold is taxed, larger estates can be subject to a substantial bill.

Whilst there are planning strategies you can take to mitigate your tax liabilities, ranging from lifetime giving, to wills and post-death planning, the area of IHT is highly complex, with the rules governing it often causing confusion.

To help with this, John Rouse, partner in Lodders’ Private Client team, debunks some of the most common myths surrounding IHT.

1.'Only the very wealthy pay IHT' False A married couple owning a house worth £350,000 and with children, will have a combined IHT threshold of £1 million.

This means that IHT will only be due on amounts over £1 million.

The freezing of IHT thresholds and gift allowances over the last decade or so, combined with inflation in property prices, has brought more people within the IHT bracket. This is especially so with the ‘baby boomer’ generation, many of whom own property; the combination of house price inflation and frozen thresholds means more estates are now creeping over the IHT threshold.

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Legal updates

2.'A property can be gifted, meaning no tax will be payable on it' Sometimes A popular IHT planning strategy is to make gifts of assets. However, where the asset is a property other than the main house, any gift will be a disposal for Capital Gains Tax (CGT) purposes so a straight gift will often trigger a CGT liability.

3. 'IHT only applies to property' False IHT applies to all assets including someone’s home, cash, savings, investment portfolio and property. IHT reliefs are available against certain assets, such as an interest in a trading business or farmland, subject to certain criteria.

The main asset that doesn’t attract IHT is someone’s pension fund.

It is also important to be aware of the seven-year clock in relation to gifts.

Generally, for a gift to be effective for IHT purposes, the person making the gift has to survive for seven years. Also, they cannot continue to benefit from the property they have given away; if they do, the asset will continue to be treated as part of their estate for IHT.

4. 'Assets abroad are not counted for UK IHT' False

For example, if a mother decides to give her house to her children and continues to live there, this would not be effective for IHT purposes. However, this could be overcome if the mother pays a full open market rent to her children.

John Rouse E: john.rouse@lodders.co.uk T: 01789 206167

If you are domiciled in the UK then you are liable for IHT on any assets held across the world, not just the UK. For example, an overseas holiday home would be caught in the IHT net.

Menopause policies at work W

hilst not all organisations have a menopause policy, it is advisable to put one in place, so your employees know where they stand.

Damian Kelly, head of our Employment Law team, explains.

If an employee is unfit for work due to menopausal symptoms, then they should be permitted to take time off work, as menopause can lead to physical and/or psychological symptoms that may affect their ability to work.

A menopause policy should set out your organisation’s approach towards employees who are handling menopausal symptoms, and the support that you will make available to them.

A suitable policy will also provide you with important protection against claims such as unfair dismissal and unlawful discrimination.

How clear is your business’ social media policy?

T

hinking of refreshing your company’s social media policy?

Damian Kelly provides some food for thought.

The dispute between Gary Lineker and the BBC around his social media activity earlier this year highlighted the need for a clear social media policy to avoid ambiguity.

The very public row also demonstrated the importance of extending a social media policy to anybody who represents the brand and the business – employees, contractors, and freelancers.

You may be tempted to think that if a social media policy is in place, it will

automatically be clear who it applies to, and people will understand how it impacts them. However, this is a risky approach. If your business uses freelancers, contractors, and other third parties then you should ensure they are aware of, and adhere to, your social media policy to help protect your brand.

As much as social media can enhance brand awareness, it can be equally powerful when it comes to damaging brands too. Your social media policy should, therefore, make it clear that staff can be held accountable for their actions if, for example, they say something derogatory about your business on one of their channels.

The best way to avoid the situation that the BBC found itself in is to provide clear detail and training on your social media policy to all employees, contractors, and freelancers. Should a dispute arise around their social media usage, if you have offered adequate training then they will be less likely to be able to claim they were unaware of how the policy affected them.

Damian Kelly E: damian.kelly@lodders.co.uk T: 01789 339110

Legal updates

33

Firm

news update

E

Into the woods

arlier this year, 20 green-thumbed team members from Lodders volunteered their time to plant trees in Dorsington Wood, just outside of Long Marston in Stratford upon Avon.

This was part of an initiative aimed at reversing centuries of woodland decline and led by local charity, The Heart of England Forest. The charity’s goal is to create a 30,000-acre forest to benefit people, wildlife, and the overall environment.

The broadleaf forest will also provide a much-needed place of natural beauty that will be protected for future generations.

Will Elson, Sarah Curtlin, Nicole Harrison, Jacqui Brampton, Caroline Payne, Vicki Gulliver, James Stilgoe, Nicola White, and Amita Chauhan.

The firm was well-represented, with staff members from a wide range of teams giving up their time to help such a worthy cause, including Mike Wakeling, Jane Senior, Owen Rees, Gemma Bryan, Anjali Narshi, Laura Taylor, Olivia Beeton, Jenny Jones, Annette Askew, Sara Dove,

We look forward to running similar events in the future in support of our ongoing Carbon Reduction Roadmap and wider efforts to help both the local area and our planet.

Carbon reduction

a roadmap to net zero I

n the last issue of Lodders Life, we highlighted how our Environmental Group, led by our operations director Alexis Nicholls, is working to reduce our carbon footprint and create a cleaner working environment.

We are pleased to report that good progress has been made, with our latest carbon assessment showing a significant initial reduction in carbon emissions year-on-year. Over the past 12 months, we have:

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Lodders Life Issue 9

• Reduced our carbon emissions by just over 10 percent, from 24.3 tonnes to 18.1 tonnes • Replaced old boilers with energyefficient ones • Installed LED lighting and improved temperature control facilities throughout our offices • Reduced our gas and electricity consumption by 25 percent • Introduced an electric vehicle scheme to minimise emissions from travelling

Firm news Enviro, events and awards update

• Encouraged car sharing (otherwise known as ‘the fun bus’!)

• Planted 550 trees, estimated to provide a minimum of 29 tonnes of carbon storage Alexis commented: “During 2023 and 2024 we will continue to invest in reducing our carbon footprint, including further energy efficiencies, more focus on car sharing, and ongoing education for all our team members. We recognise that there is a lot left to do, but we are pleased to be heading in the right direction towards creating a cleaner environment.”

And the

award goes to…

T

his year’s award season has again showcased Lodders’ standout specialist expertise, client service, and leadership within the legal sector, with the firm being crowned winners and recognised as finalists for several prestigious awards on both a regional and a national level.

Professional Services Leader

Law Firm of the Year

National recognition

Lodders was honoured to win the Law Firm of the Year award at the West Midlands Business Masters 2022, hosted

by The Business Desk, in recognition of our great team and the growing strength of the firm over the last year.

Lodders’ Real Estate group made the shortlist for Legal/Professional Team of the Year at the Property Week RESI Awards 2023 in recognition of its city expertise and impeccable client service.

Lodders was also named as a finalist in the Independent Law Firm of the Year category of the 2023 Lawyer Awards. This particular award celebrated the best independent law firms that have consistently delivered exceptional client service.

The Business Desk noted that we were “in an incredibly strong field” and that “Lodders has taken its services to another level this year.”

Paul Mourton, managing partner and real estate specialist at Lodders, was awarded Professional Services Leader of the Year at the West Midlands Leadership Awards 2023.

The awards, hosted by The Business Desk, were created to celebrate the people who are role models within their organisations and raise the bar for their competitors within the West Midlands business community.

Out

&

about

Real Estate talent Lodders was named highly commended in the Law Firm of the Year category at the Midlands Residential Property Awards 2023.

The Law Firm of the Year category shone a light on firms that have made a real impact in the Midlands in the last 12 months. Lodders’ Real Estate group received the highly commended award in recognition of its talent, hard work, and professionalism.

Whilst we did not take home the trophies this year, it was an honour to be recognised on a national level.

Looking ahead Lodders has also been announced as a finalist for Legal Firm of the Year at the New Civil Engineer Awards 2023. The category recognises a law firm that has provided outstanding services for the construction and civil engineering industry throughout the past year.

Winners will be announced on 20 September 2023 – wish us luck!

Here at Lodders, we are well-accustomed to having a busy events calendar, and 2023 has been no exception.

We’ve held several successful events so far this year, including some fantastic charity fundraisers. Here is a small snapshot of what we have been up to.

Best paw forward

Clay pigeon shooting

Friendly competition

June saw the return of our famous doggy photo booth as we spent a sunny day at the annual Kenilworth Show. Our stand proved very popular, with visitors picking up complimentary wildflower seeds and having some very cute photos taken of their four-legged friends. Lodders was even lucky enough to take home the prize for the Best Large Trade Stand!

Despite the rainy weather, members of our Agricultural & Landed Estates team enjoyed a wonderful day at the Newton LDP Charity Clay Shoot at Shuckburgh Hall. Between networking and admiring the stunning venue, team members tried their hand at the traditional sport all in aid of the Royal Agricultural Benevolent Institution, which provides support to farming families in crisis.

Back in March, the Lodders team hosted a cycling event at Derby Velodrome where clients and contacts put their speed to the test on the 250m state-ofthe-art cycle track. The day involved a mix of networking, cycling, and some friendly competition – with the group racing for the chance to win the coveted gold medal.

Firm news Enviro, events and awards update

35

Trust Lodders to resolve your issue with expertise and empathy

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

Lodders Solicitors LLP Stratford upon Avon / Cheltenham / Birmingham / Henley in Arden @LoddersLawyers lodders.co.uk

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