Prism Summer 2022

Spring/Summer 2022

MADE TO MEASURE

PARTNERSHIP GROWS BY TWO

CREATING A CULTURAL LEGACY

Why our latest ad campaign is the perfect fit for us

Meet our new Partners, Anna Stephenson and Craig Malarkey

Exciting plans from the team behind the Durham 2025 campaign

swinburnemaddison.co.uk

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CONTENTS 03 Welcome Managing Partner and Head of the Dispute Resolution and Employment teams, Jonathan Moreland, welcomes us to the latest instalment of Prism with news and insights from the team.

04 Professional misconduct Managing Associate, Sharney Randhawa, explore’s misconduct outside of the workplace and the legal options which are available to both parties.

06 Commercial conclusion Our Commercial Property team completed over £75m of Coronavirus Business Interruption Loan Scheme (CBILS) transactions.

07 3 Questions We get to know Ashley Garthwaite as she discusses why she became a solicitor and and what attracted her to residential property work.

14 Walking challenge February saw the team blow away some cobwebs and explore the beautiful sights our region has to offer with a team walking challenge.

16 Tech advice Our Corporate and Commercial team advised tech start up Yakkr on a pre-seed investment.

18 Award-winning We’re delighted to announce Swinburne Maddison were named Property Law Firm of the Year at the Insider North East Property Awards.

19 Act now!

08 Meet the new partners We have added strength and depth to our Corporate and Commercial team as well as our Private Client team. We are delighted to tell you more about Craig Malarkey and Anna Stephenson.

20 5 common mistakes Managing Associate, Catherine Lowther, explains how to avoid some of the most common mistakes people make during divorce.

10 Made to measure

21 How to

Taking our identity to the next level. We had a campaign and brand refresh courtesy or Allies Group. Ultimately, the objective was to develop a brand that people get – instantly.

Managing Associate, Abigail Zuk, takes us through how to successfully contest a will.

12 New appointments We kicked off our financial year with eleven new appointments and promotions.

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Calling all Trustees. We highlight the new HMRC registration obligations which apply to all UK express trusts and the deadline for compliance.

22 This is just the start The UK City of Culture 2025 might be heading to Bradford, but the partners driving the County Durham bid remain committed to delivering a pioneering cultural programme with a lasting legacy.

WELCOME TO

Jonathan Moreland Managing Partner and Head of the Dispute Resolution and Employment teams

A very warm welcome to the latest instalment of Prism, Swinburne Maddison’s very own publication bringing you the latest news and insights from our team, clients and the local community.

which DCI have been working with recently, including many in the emerging GreenTech sector, who are choosing to focus on practical ways in which their business could solve a problem for the greater good (p. 17).

My first task (and privilege!) is to formally welcome our two new Partners: Anna Stephenson, our Head of Private Client who has been with us since 2014 and Craig Malarkey who joins us from a leading Teesside firm where he headed up the corporate and commercial team. Full coverage of these appointments can be found on pages 8 and 9, along with a short interview with both Anna and Craig so you can learn more about what they do and why they’re so passionate about helping us to grow our business.

I would also like to thank the team at Allies Group who have worked with us to launch our new “Made to Measure” ad campaign which celebrates what we do best: delivering exceptional client service and achieving legal solutions carefully tailored to the needs of each individual client. I won’t attempt to do justice to their work here but you can enjoy a glimpse of their creativity on pages 10 and 11.

Elsewhere in the issue, we take time to celebrate our Commercial Property team who recently won the award for Property Law Firm of the Year at the prestigious Insider North East Property Awards (p. 18). The award could not have come at a better time, providing much-deserved recognition to a team who pulled out all the stops during the various lockdowns, completing more than £75m of CBILs instructions on behalf of Atom Bank plc and continuing to give 100% despite unprecedented work levels.

Finally, I just want to say a few words about the outcome of the UK City of Culture bid for 2025 and pass on my heartfelt thanks to everyone involved in the Durham bid who worked tirelessly to create a genuinely inspiring campaign, celebrating everything that our region has to offer and reminding us all that Durham really is “no ordinary County.”

Enormous thanks to Leon Howe, the Incubation Manager at Durham City Incubator (DCI) who took the time to speak with us about the ambitious new business owners and entrepreneurs swinburnemaddison.co.uk

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ASK THE EXPERT

Managing professional misconduct outside of the workplace Sharney Randhawa Managing Associate, Employment team

With many employers choosing to switch to a hybrid working model in the wake of Covid-19, the line between work and home life has become increasingly blurred in recent months.

Whilst the advantages of this new way of working are clear to see – increased flexibility for employees and greater staff retention / recruitment appeal for employers, not to mention the improvements in overall productivity and job satisfaction – this shift towards hybrid working has also created a number of new challenges for employers, including how best to supervise and maintain the professional conduct of the workforce when everyone is working from different locations.

Generally speaking, an employees’ conduct outside of work is not grounds for dismissal; sometimes even criminal activity may not be enough to justify formal disciplinary action by an employer in and of itself. However, that is not to say that an employee could not face disciplinary action for misconduct outside of work. Ultimately, it will depend on the specific circumstances of the misconduct and the policies or rules laid down by that particular business.

Employers will need to consider whether the misconduct seriously affects the employment relationship, brings the employer’s reputation into disrepute, or impacts on the employee’s ability to do their job.

Examples of behaviour outside the workplace which could be deemed to constitute misconduct could include:• inappropriate behaviour at a work function, which reflects badly on the business; • inappropriate use of social media (for example, by publicly criticising their employer or posting controversial statements or images seemingly in the name of the employer); or • a criminal conviction (if the effect of the charge or conviction is thought to affect the employee’s suitability and ability to work and/or impact on the business including it’s reputation) More recently, it may also be possible for employers to take disciplinary action against an employee for breaching Covid regulations, though, as with any of these examples, it would be necessary for the employer to demonstrate that the employee’s behaviour had a serious impact on the employment relationship (for example, by boasting about breaching the restrictions on social media whilst wearing a branded work uniform).

How to deal with allegations of misconduct The employer’s perspective – the importance of a fair and proportionate response There are five circumstances under which an employer can fairly dismiss an employee pursuant to the Employment Rights Act 1996:• • • • •

misconduct capability redundancy statutory illegality some other substantial reason (SOSR).

Throughout this article, I will explore some common examples of misconduct outside of the workplace and the legal options which are available to both parties if such a situation should arise.

In reaching any decision to dismiss, employers should always react in a proportionate and measured manner and ensure that a fair and reasonable procedure is followed, particularly when the employee has over 2 years’ service. This will involve a thorough investigation of the facts, and may include holding a disciplinary hearing.

The types of behaviour and activities which could amount to misconduct

If an employer finds there has been gross misconduct, they should still carry out a thorough investigation showing the effect on the business, as well as the full disciplinary procedure, even if the outcome of this is ultimately dismissal without notice or payment in lieu of notice.

Misconduct takes place when an employee’s inappropriate behaviour or action breaks workplace rules. This could include, for example, incidents of bullying, persistent lateness, insubordination and unauthorised absences.

If the behaviour or activity is more serious in nature, and completely undermines the relationship of trust and confidence between employer and employee – for example theft, fraud, violence and gross negligence – this would be considered “gross misconduct.”

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Misconduct outside of the workplace

In situations where the employee’s conduct is less serious it can be more difficult for the employer to demonstrate that this behaviour has had an impact on the employment relationship or the ability of the employee to do their job, even if the behaviour itself is clearly unacceptable. In order for a dismissal or disciplinary action to be fair, employers must consider each situation on its own facts and avoid having a blanket approach to certain conduct.

When looking specifically at behaviour outside the workplace, this is often more uncertain territory for employers which has become even more difficult to navigate with employees working remotely. When an employee is accused of misconduct in the workplace, it is usually clear to employers whether a disciplinary investigation needs to be carried out. However, if an employee is accused of misconduct that has taken place outside the workplace, employers may lack confidence over whether they should, or even have the right to, initiate disciplinary proceedings. To try and avoid this uncertainty or hesitation in the future, we would recommend that all employers carry out an immediate review of their contract of employment and employee handbook to ensure that there is a clear record of what is deemed to be misconduct or gross misconduct and that they are up to date where employers have moved to hybrid working models. A regular review of the business’s code of conduct, social media policy and disciplinary policy should also be carried out to ensure these are up to date, and that all employees are familiar with them.

The employee’s perspective – when allegations of professional misconduct can threaten your entire career Within a number of professions - teaching, legal, financial, health and social care - employees must adhere to professional codes of conduct. Failure to do so can result in an employee becoming subject to regulatory proceedings.

Professionals working in these sectors need to be made aware of the potentially damaging consequences that an allegation of professional misconduct or wrongdoing can have on their career. Allegations of this kind, which may arise in the course of an employee’s everyday work, can quickly become serious and can be highly detrimental to a person’s career prospects.

The nature of some professional discipline cases means they are highly sensitive. It is therefore the role of specialists to limit the damage and disruption to the reputation of the individual or the business concerned, regardless of the circumstances.

Throughout the process, a specialist will always be best placed to represent you and can procure the most favourable outcome possible.

As one of few professional discipline specialists in the region and – having spent some of my career career at a major London law firm where I was exposed to a variety of professional discipline and regulatory cases, assisting on several financial regulatory matters before the Financial Conduct Authority, including the LIBOR investigations – I have witnessed first-hand the pressure that professionals face when dealing with regulatory and disciplinary investigations. Providing both sound legal and practical advice as early as possible can assist with both preparing the case to defend any such allegations as well as going some way to help relieve the pressure and stress faced by individuals during this time.

I also regularly advise clients on a multitude of professional issues before other regulatory bodies, including the General Medical Council, Institute and Faculty of Actuaries and the General Teaching Council.

For further information or guidance on any of the issues covered in this article – or for advice on any other aspects of Employment law, please contact Sharney Randhawa on shr@swinburnemaddison. co.uk or by phone on 0191 3842441.

swinburnemaddison.co.uk

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In case you missed it

Left to right: Lauren Rutherford, Victoria Walton, Gillian Moir and Charlotte Excell

Over £75m CBILS transactions completed for Atom Bank Following the conclusion of the Coronavirus Business Interruption Loan Scheme (CBILS) last year, we were delighted to announce that our Commercial Property team completed over £75m such transactions for Atom Bank plc (Atom) between June 2020 and 31 August 2021.

A Government-backed scheme, CBILS was introduced as a lifeline to assist SME firms with a turnover of less than £45 million that had lost or experienced deferred revenues because of the impact of COVID-19.

Swinburne Maddison has been working with Atom since its formation and is a member of Atom’s legal panel for secured business lending. One hundred and seven loans amounting to £75 million were transacted during the eight-month period, primarily by the Commercial Property team with the Corporate team on hand to assist with any corporate and commercial elements of funding requests when required.

The volume of work was such that at the peak of demand, eight lawyers from across the firm were working hard to make sure everything was delivered on time.

The Durham-headquartered Atom, established in 2014, was the UK’s first app-based bank and as such, instructions came to Swinburne Maddison from all over the UK throughout the pandemic, with loans ranging in value from £99,990 to £5 million.

Nineteen loans were above £1 million and 47 were over £500,000, while a company in Bedford received the maximum loan available 6

through CBILS of £5 million. Firms in Bedford, Retford, Bridlington, Essex, London and Bristol requested sums between £3 million and £4.7 million and a Middlesbrough company received the seventh highest loan of £2.2 million.

As partner and head of the Commercial Property team, Victoria Walton, explains, the team really didn’t take their foot off the gas for a moment: “All deadlines were met, and the team worked extremely well. It was a superb team effort, which could not have been met without everyone’s support. The work was extremely time pressured, particularly towards the end of the scheme when loans could not be re-sanctioned, and each transaction relied on significant volumes of documentation to be provided by those seeking funding, which was not always available until quite late in the transaction.

“We were also very conscious that these loans represented a lifeline for many of the businesses we were dealing with, so there was an enormous amount of pressure on our team to coordinate everything in time to hit the completion dates and get the funding in place.”

Commenting on Swinburne Maddison’s work, Atom Bank’s technical lending lead, Paul Jordan, said: “The support we got from Swinburne Maddison throughout the pandemic was great and we really appreciated the effort. It was an extremely busy time for us all.

“In August, after CBILS ended, we launched our Recovery Loan Scheme (RLS) product range after being accredited as an approved lender by the British Business Bank. These loans are also designed to provide essential support to businesses in the wake of COVID-19 and replace CBILS, so we are delighted to be working with Swinburne Maddison again in transacting these loans. We have an excellent working relationship with the Swinburne team.”

Ashley Garthwaite Solicitor, Residential Property team

QUESTIONS

Where did you study law and why did you want to become a lawyer?

When I was younger I always wanted to be a policewoman, so it wasn’t until I was choosing my options for Sixth Form that I thought of studying law as a subject (alongside media studies, history and psychology). Until that stage, I hadn’t really considered being a lawyer, as having a legal background didn’t “run in the family” and, back in 2005, I was under the impression that to get into law you had to have family members in the profession.

Until that point I had only ever seen lawyers in court on TV; I don’t think I quite understood that lawyers come in all shapes and sizes!

After enjoying the subject at Sixth Form, I decided I would go on to study law at University too, while still not knowing where it would take me. As I enjoyed family law the most at that time, I centred my dissertation around domestic violence and went on to become a family law paralegal following the completion of my studies.

Why did you want to specialise in residential property work?

Although I enjoyed my time as a family law paralegal, I decided I wanted to explore other areas of the profession and I was lucky enough to join Swinburne Maddison as a secretary in the Residential Property team. It didn’t take me long to realise that my future would be in property. For me, the main attraction to conveyancing is the structure and processes involved in the transactions, which I feel suit my skill set. I enjoy the legal issues that arise and the interaction with clients, coupled with the fast-paced environment. It is so rewarding to guide clients through the process of buying their first home or helping them move onto their next adventure, whether this is upsizing or downsizing.

What has been your greatest achievement at Swinburne Maddison?

After progressing through the ranks of secretary, paralegal and trainee solicitor – all since joining the firm in 2016 – qualifying as a solicitor last year has to be my greatest achievement to date. It will certainly not be easily forgotten as it happened during one of the busiest work periods on record, in the midst of the SDLT holiday. A time which I’m sure every conveyancer will want to forget!

Whilst I didn’t take the usual route to qualification, I believe my time as a secretary and paralegal – and the experience I’ve gained by working alongside such a great team of property lawyers – has been hugely beneficial to my development, training and work ethic. swinburnemaddison.co.uk

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Meet the New Partners At the end of last year, we added strength and depth to our Corporate and Commercial team with the senior appointment of one of Teesside’s top commercial lawyers, Craig Malarkey.

“The timing of Craig’s arrival could not be better, given the volume, quality and complexity of our caseload which has created the need for more senior members of staff to lead on our many transactional engagements.

In a second appointment at partner level, we were also delighted to announce that Anna Stephenson, currently head of the firm’s private client team, had also been made a partner.

Commenting on the second of the firm’s partner appointments, Managing Partner, Jonathan Moreland explains why Anna Stephenson’s promotion was the next logical step in her career path.

Both positions form part of the firm’s ambitious expansion plans, which were announced following a reorganisation at the start of the last financial year.

Craig’s reputation on Teesside provides a sound opportunity for Swinburne Maddison to expand its services further in this area, represented by a well-known face with strong professional connections.

Having worked on a number of deals together over many years, our Corporate and Commercial team gained first-hand experience of Craig’s technical ability and pragmatic approach to concluding transactions, which, as partner, Martyn Tennant, explains, makes him a perfect fit for the team.

“Craig has risen through the ranks at his last law firm to become Head of the Corporate and Commercial team, specialising in corporate finance and transactional matters. We are extremely pleased that he has decided to join our team at this exciting stage in our development, which has seen our busiest year to date. He is a fantastic addition to our service offering.

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“Anna has distinguished herself over eight sterling years with our firm, the highlight of which was her key role in helping the team to win the Northern Law Awards ‘Private Client Team of the Year’ in 2018. She was promoted in May that year to the position of Managing Associate and became Head of Private Client soon after.

“Anna is an outstanding practitioner in her field of Wills, Trusts and Probate and has been extremely successful in leading the team, so it was an easy decision to appoint her to the partnership, a level at which I am confident she will further utilise her talents to help shape our future success.

Both positions form part of the firm’s ambitious expansion plans, which were announced following a reorganisation at the start of the last financial year.

“I am delighted to welcome both Craig and Anna to their new roles and look forward to collaborating closely with them.”

Speaking of his new appointment, Craig said: “I have watched Swinburne Maddison’s growth with admiration over the years - and the award-winning capacity of its team - particularly the Corporate and Commercial team, who enjoy a sound reputation within the corporate finance community and are also held in such high regard by clients and the business community alike.

Jonathan continues: “Since embarking on our strategic reorganisation, we continue to trade ahead of target and expect this to continue.

“We are extremely busy at the present time. In fact, every quarter is busier than the last. Not only are we seeing an increased volume of work, but we are seeing an increase in the size, complexity and value of instructions in which we are involved.”

“When Swinburne Maddison approached me, I saw the role as the perfect opportunity to develop my career. I will not only be able to build on my experience, but also, be part of a young, dynamic and highly regarded legal team which share my outlook and values.”

Across the firm, all teams are reporting increased workloads and the Private Client team is no different, having seen a dramatic increase in volumes throughout the pandemic under Anna Stephenson’s leadership.

Craig Malarkey Partner, Corporate and Commercial team

What have you been working on recently?

Anna Stephenson

Since joining I have completed a number of transactions, including an investment for Sphera Limited, a company specialising in environmentally friendly building materials and Countrywide Property Group, a client I had worked for at my previous firm. I am currently busy with a number of share restructures and EMI schemes.

Partner and Head of the Private Client team

What attracted you to join Swinburne Maddison?

What have you been working on recently?

There has been an interesting variety of new work coming in over the last year. In particular, we have seen an upsurge in instructions from business owners turning their minds towards estate planning, which has led to an increase in cross-referrals and collaboration between the Private Client and Corporate teams, something which I really enjoy. I have also enjoyed working closely with specialist tax advisors providing our clients with carefully tailored advice and practical solutions to some of their more complex estate planning needs.

What is it that makes Swinburne Maddison a great place to work?

We are a growing firm, providing opportunities which are on a par with larger firms yet we continue to feel like a very personable, friendly practice.

What has been the most valuable piece of advice given to you?

A friend recently said to me that my children will look back in the years to come and feel inspired to raise a family and develop a career at the same time. I hope that all the juggling will pay off.

What do you enjoy doing outside of work?

Walking, paddle boarding and recently wild swimming (wearing a very thick wetsuit!) swinburnemaddison.co.uk

Having known Martyn for a number of years, I’d always kept an eye on the success of the team and the firm and the quality of the work and clients that they acted for. The opportunity to become a part of that and, in particular, joining a firm that looks to have very clear commercial goals but also with a really positive outlook and good people at its core was a real attraction.

What has been the most valuable piece of advice given to you?

Surround yourself with good people. My uncle who was a partner at a national law firm always said that he would “recruit on personality and train for excellence”, which makes sense in all walks of life as the people you surround yourself with, professionally or personally, will have a huge impact on your success and importantly the enjoyment you take in whatever it is you are doing. I think it is evident that we have a great team here and I am enjoying getting to know everyone.

What do you enjoy doing outside of work?

I have recently purchased a VW campervan so I am currently exploring places that I can go with the family and our dog as I try to embrace the “off grid” and outdoors lifestyle more.

Beyond that my favourite thing to do with our spare time is to watch live music – although I seem to be spending more time at musical theatre than in the mosh pit these days.

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Legal solutions that fit At Allies Group we’re a creative agency that’s all about forward thinking content and marketing. So, when Swinburne Maddison tasked us with taking their brand identity to the next level, we knew that we had to come up with something that represented the things that make Swinburne Maddison one of our region’s most accomplished law firms. They’re a firm that isn’t afraid to stand-out from the crowd and that was what we set out to reflect in their new branding concept - ‘Made to measure’.

Swinburne Maddison is at an exciting point in its history. Enjoying a high level of demand across its entire service portfolio, exciting new recruits and a year-on-year increase in turnover, the business is cementing its position as one of the “go to” firms in the North East.

This brand development project will reposition Swinburne Maddison as a major player in the sector and help staff identify with their brand. Ultimately, our objective is to develop a brand that people get – instantly.

We wanted to shift the balance from dark to light, to flip the brand look and feel, and give the business a brighter outlook which stands out from its competitors. This new outlook had to represent a forward thinking law firm that isn’t afraid of being different.

The previous Elephant campaign was a solid concept, and much loved by the Swinburne Maddison team, but it had been around a little while.. It needed to be updated with something contemporary and fresh; a campaignable brand idea that could be utilised throughout the new look website and all other marketing collateral.

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Building a strong and coherent story would sit at the heart of this project. Alongside the brand development we created a new campaign for the business. The Swinburne Maddison strapline ‘Legal solutions that fit’ tells us that the business has something for everyone, for every legal occasion.

The original brand tone of voice also gives a nod to tailoring and we felt this idea could be explored going forward as the next campaign and brand development piece.

with every service being delivered by specialist lawyers. Just like the level of bespoke service you would expect from a tailor.

This, accompanied by the new brighter illustrative/photography hybrid brand design, created an eye catching campaign and brand development project that simply cannot be ignored.

David Stubbs Creative Director, Allies Group

We had many campaignable ideas to take to market but we all felt that utilising the current tone of voice to create a made to measure campaign was the correct direction to go. We couldn’t believe this was something that had never been explored before. So explore we did.

For ‘Made to measure’ we extended upon the tailoring theme, using headlines like ‘Made to measure legal solutions’ and ‘Legal services tailored to you’. We wanted this to highlight the dedication and personal service Swinburne Maddison offers to each client,

We wanted to shift the balance from dark to light, to flip the brand look and feel and give the business a brighter outlook which stands out from its competitors.

enquiries@allies-group.com 0191 500 7900 swinburnemaddison.co.uk

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In case you missed it

Kicking off the financial year with eleven new appointments We were delighted to start our new financial year with a further eleven appointments and promotions as part of our continuing expansion plans.

We first announced our intention to reorganise our management team a year ago to streamline our decision-making process and become more outcomes-focused in a bid to increase turnover, achieve greater profitability and facilitate expansion following an exceptional 2020-21 financial performance.

Now, one year later, Jonathan Moreland, managing partner and head of the firm’s dispute resolution and employment teams, reports that the benefits of the new strategic leadership to both our employees and clients have been dramatic, with an increase in fee income of 19% and a rise in net profits of 5%, placing Swinburne Maddison within the top quartile of all law firms nationally.

Leading this new wave of appointments and promotions are Catherine Lowther and Andrew Allon, who have both been promoted to managing associates. Catherine, who is an expert in family law, has worked for Swinburne Maddison for eight years 12

while Andrew, who specialises in residential property, has three years with the firm.

Three legal directors have also been appointed - associate solicitor in the Corporate and Commercial team, Mike Ward, who has been at Swinburne Maddison for nine years; Kath Hill, head of the Family team department and a CILEX Lawyer, who is a much-valued longterm employee with over 25 years at the firm and David Canwell, a solicitor with ten years of employment in the Residential Property team. All took up their new roles from May 1.

We also appointed six new associates - Charlotte Excell and Lauren Rutherford, (commercial property), Rebecca Harper (residential property), Lewis Brown (dispute resolution) and Eleanor Bradshaw and Sophie Allerton (corporate and commercial). With 33 years of service between them at Swinburne Maddison, these latest appointments will provide each member of staff with a springboard for further career development in the future if they so wish.

Commenting on the appointments, Jonathan said: “As managing partner and on behalf of the firm, it gives me great pleasure to announce these promotions, which have been made in recognition of some extremely hard work over the last year and in accordance with our published career path. All are richly deserved, and we hope, demonstrate our commitment to the development of our team and their career progression.”

Our new Legal Directors and Managing Associates (L-R) Andrew Allon, Mike Ward, Kath Hill, Catherine Lowther, David Canwell

Reviewing the firm’s 2021-22 performance, he continued: “We are extremely busy across all areas of the firm and there is no sign of things slowing down any time soon.

“It has been another very good year for us, punctuated by several highlights. Internally, we were delighted to welcome Craig Malarkey and Anna Stephenson as partners; we invested more than £150,000 in new IT equipment and we launched our new ‘Made to Measure’ advertising campaign, which celebrates what we do best - delivering exceptional, tailor-made client service.

“Commercially, we represented Atom Bank plc in the completion of more than £75m Coronavirus Business Interruptions Loan Scheme transactions; we continued to act for a large local authority in its housing disrepair claims and have already saved the client over £10m in settlements since receiving our first instruction in 2015; and in the tech sector, we completed a six-figure pre-seed investment deal on behalf of gaming company, Yakkr, now valued at over £2m.

“We are looking forward to more of the same success in the coming year with further recruitment in the pipeline across our Property, Corporate and Commercial and Dispute Resolution teams, which will enhance the range of legal support we already offer and further consolidate our prominent position in the marketplace.”

Two further trainee solicitor appointments have also been made Liam Musgrave, who joined the firm in 2021 as a paralegal in the Commercial Property team following completion of his Masters and Legal Practice Course at Leeds Beckett University and Brooke Jefferson, who obtained her Legal Practice Course and Masters combined (LLM) after joining the firm in February 2021, taking up the role of paralegal in the Private Client team in November.

On behalf of the firm, it gives me great pleasure to announce these promotions, which have been made in recognition of some extremely hard work over the last year and in accordance with our published career path. swinburnemaddison.co.uk

Commercial Property team welcomes new solicitor Hot off the heels of our internal promotions, we were also delighted to continue the expansion of our Commercial Property team with the appointment of new recruit, Mary Foster.

Mary joins us from a top tier international firm based in Newcastle, where she spent nearly three years working as a solicitor in the Agriculture, Farms & Estates team.

With experience across a wide range of property matters – including property sales and purchases, the granting of leases, first registrations, deeds of easement and lending work – Mary will be a valuable addition to the team.

Commenting on the appointment, Partner and Head of the Commercial Property team, Victoria Walton, said: “Mary’s appointment comes at just the right time for us and we’re thrilled to have her on board. The past two years have been the busiest we’ve ever seen in the Commercial Property team and our focus now is to strengthen our position in a competitive market and to achieve consistently excellent results to continue our growth.

“Across the firm, we are continuing to invest heavily in our staff, getting the right people in the right posts to ensure that our clients have access to truly specialist advice whatever the nature of their instruction.

“With more opportunities for growth and career progression than ever before, it really is an exciting time to join Swinburne Maddison – welcome to the team, Mary!”

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Blowing away the cobwebs Our team walking challenge returned in February this year in a bid to help the team blow away some cobwebs and keep those new year’s resolutions going.

With six teams battling for glory, we soon saw individual weekly totals reaching as high as 100,000 steps as the competitive spirit took hold!

Eventually it was Team “Not Fast, Just Furious” who strolled to victory, with “Legs Misérables” and “Worst Pace Scenario” taking 2nd and 3rd place respectively. Of course, even more important than the leader board, was the fact that we all had a reason to get out in the fresh air and explore some of the beautiful sights our region has to offer. Our four-legged friends were pretty happy about it too…

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swinburnemaddison.co.uk

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In case you missed it

(L-R) Marcus Rowley, Rhys Birkinshaw, Alex Wilby

Corporate and Commercial team advises tech start up Yakkr on six figure pre-seed investment Yakkr, an online platform, is all about connecting fans with their favourite celebrities, influencers and gamers in the pursuit of delivering premium gaming experiences. The idea for Yakkr was conceived by two former Durham University graduates, Marcus Rowley and Rhys Birkinshaw, who studied Finance and Computer Science respectively.

tech sector gained with organisations like Land Tech, a Londonbased company that provides software to streamline the property development process, and the sale a year ago of Silent Games – a game design studio in Newcastle, which was acquired by Amplifier Game Invest AB, a subsidiary of the listed Swedish Embracer Group – Alex was well-suited to the task.

Whilst at university, Marcus was involved in two start-ups and Rhys in several, with one of these moving over to Silicon Valley.

Swinburne Maddison was recommended to the two entrepreneurs by the Durham City Incubator (DCI).

As he explains, Swinburne Maddison was delighted to have the opportunity to advise on the transaction and build on its solid experience of advising software companies on their terms, ‘software as a service’ agreements and IP matters. He said:

Alex Wilby, a Partner in the Corporate and Commercial team advised them.

“We were introduced to Marcus and Rhys after they approached DCI for a recommendation. We have previously acted for numerous companies on the DCI programme, providing various levels of support.

With a strong commercial background and recent experience in the 16

“I regularly act for fund managers and investors, so I have experience of what both parties require. To do the work well, you need to have the legal experience to know where to focus your time and attention to keep costs under control whilst adding value for your client.”

Explaining the thinking behind Yakkr (slang for ‘have a chat’), Marcus said: “Although it is unlikely you would ever get the chance to play football with Messi, people may like to play a game against him on FIFA and pay for the experience. With the growth in demand for digital experiences since the start of the pandemic, fans want to engage with their favourite celebrities, influencers and gamers.

Yakkr allows this to happen.

Swinburne Maddison was delighted to have the opportunity to advise on the transaction and build on its solid experience of advising software companies on their terms, ‘software as a service’ agreements and IP matters.

How the Durham City Incubator is helping ambitious new businesses owners and entrepreneurs to achieve their potential An interview with Leon Howe, DCI Incubation Manager Tell us more about the Durham City Incubator (DCI) Durham City Incubator (DCI) is an ERDF funded, collaborative partnership between Business Durham (Durham County Council), Durham University and New College Durham. We provide an intensive 6-month programme designed to challenge and develop new entrepreneurs and offer a range of support including workshops, one-to-one coaching, introductions to new networks, financial assistance and low-cost shared workspace.

Who can use the DCI? DCI supports high growth potential businesses, trading under 12 months. Businesses must be based in County Durham and have ambitions to grow and create jobs. DCI is open to any ambitious business owners in Durham with the vision to scale up their business and particularly encourages undergraduate / post graduate talent from Durham University and New College Durham to apply.

“The creator schedules their availability along with the game they are playing and the price per slot; the fan purchases a space in the session they want to join and then when the time comes, they jump into a Yakkr session and it’s game on!”

The investment - which gives Yakkr a valuation in excess of £2 million - has been provided by Athena Venture Capital backed by TwinklHive who predominantly invest in the ed-tech sector. Rhys explains: “We were introduced to TwinklHive by Durham University. Although obviously, we’re not in the Ed-Tech sector, we submitted our pitch deck for Yakkr anyway in the hope of speaking to potential investors. It worked.”

The company is currently at pre-revenue stage and the money will be used to fund the creation of the business and the Yakkr platform. Prior to receiving the investment Marcus was working for one of the Big Four accounting firms and Rhys was working as lead developer for a start-up in the commodities industry, so the Twinklhive investment has enabled them both to go full time in Yakkr, along with employing an additional front-end developer.

It will also be used to build partnerships with E-sport teams and content creators.

The plan is to release Yakkr in Spring 2022 with the core functionalities available for users. After its release, Yakkr will look to expand these functionalities to make it the go-to platform for gaming experiences globally.

businesses focusing on environmental impact and ways in which their business could solve a problem for the greater good, for example by reducing food waste, tackling climate change or working towards a low carbon economy. Furthermore, the emergence of Artificial Intelligence and Machine Learning using tech is becoming more prominent as a solution. Overall, many of the businesses have identified certain UN Sustainable Development Goals (SDGs) as a problem and then worked on a solution to contribute to prosperity for people and the planet.

What is the best advice you could give to start-ups?

As a starting point, focus on a real problem, perhaps consider UN SDGs and go from there. Understand who your customers are and how you can provide a solution for them; this is critical to your success. Seek advice and support. There’s lots of help, not just DCI. Finally, don’t fear failure. If, by talking to customers, you find your solution isn’t the answer then change it or move on to something new. There’s no point in trying to make something work if it doesn’t help your customers. Not every business will succeed but you’ll learn quickly from starting any business and this will provide you with more knowledge, experience, and contacts for your next venture.

When is the next deadline for applications?

DCI runs two Cohorts (programmes) per year. January to June and July to December. You can apply at any time via DCI website https://dcincubator.co.uk/ The next cohort closing date will be mid November 2022, for Cohort 9, to start in January 2023.

What trends/sectors do you see emerging?

DCI is not sector specific; however, it encourages businesses from professional services, IT and the digital & technology sector, and we have seen emerging trends in these areas. GreenTech and FinTech are also emerging sectors with many of the DCI swinburnemaddison.co.uk

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Image: Jim McAdam

Swinburne Maddison named Property Law Firm of the Year at the Insider North East Property Awards We were delighted to see our Commercial Property team take home the award for Property Law Firm of the Year at this year’s Insider North East Property Awards. The awards, held at the Hilton Newcastle Gateshead on 19th May 2022, celebrated the very best of the region’s property talent and – after a year which saw our Commercial Property team complete more than £60m of CBILS and RLS transactions on behalf of Atom Bank plc – the recognition was richly deserved.

The award also recognised the growth in the team, both in terms of recruitment and turnover, as well as the significant deals and developments which they have worked on over the past 12 months, including: acting on behalf of Beyond Housing Limited in connection with the purchase of land at Kirkleatham for the provision of 75 supported housing units, working closely with the solicitors for Homes England and the developer to ensure that a strict pre-Christmas deadline for exchange of contracts was met; 18

acting on behalf of a large regional house builder in the acquisition of two large residential development sites with a combined developed value of £38m and ten separate legal titles to investigate; and acting on behalf of the purchaser of farmland and buildings at a price of £3.6m with borrowing secured on the property and further farm properties already owned by the buyer.

Expanding on how they reached their decision, the Property Awards judges said: “The Swinburne Maddison team represents a broad range of clients, including Durham Cathedral, Esh Group, Ramside Estates and Hargreaves Services. The highlight of last year was completing more than £60m of CBILS and RLS transactions on behalf of Atom Bank. The judges felt the team’s range of specialist knowledge and experience, and the wide range of its client base, set it apart from the others.”

Partner and Head of the Commercial Property team, Victoria Walton, commented: “I am absolutely delighted on behalf of the whole team to have received this award and so proud of the hard work and commitment which every single member of the team – lawyers and support staff alike – have shown over the past 12 months.

They really have pulled out all the stops to make sure that we were able to continue meeting the demands of our clients in the face of some unprecedented challenges, such as the sudden upsurge in instructions created by the launch of the government’s CBILs scheme.They are a credit to the firm and to the North East legal sector.

“We are still actively recruiting for new lawyers to join our awardwinning and Top Tier team so, for anyone looking for a new challenge, I can’t think of a more exciting time to get in touch!”

Act now to register your trust!

Under a new Money Laundering Directive which came into effect in the UK on 6th October 2020, the reporting obligations of Trusts to HMRC has been vastly extended.

Prior to this date, only Trusts which incurred a liability to tax were required to register information about their trusts on HMRC’s online portal the Trust Registration Service (TRS).

Under the new directive, the obligation to register, keep details accurate and make an annual declaration now applies to most nontaxpaying trusts, regardless of whether they are liable to pay any tax. There are only a very limited number of exemptions to this rule.

Deadlines to register All existing UK express trusts and some nonUK express trusts must be registered by 1st September 2022.

Any new UK express trust established on or after 1st September 2022 must be registered within 90 days of creation, save for specific exclusions.

Penalties for failure to comply It is your responsibility as Trustee to ensure that the Trust is registered on the TRS before the deadline.

Prior to 6th October 2020 penalties of between £100 and £300, or 5% of the tax owed (whichever was greater) were imposed for the late registration of trusts. We anticipate that HMRC will continue to issue penalties for late registration or failure to register trusts.

How we can help Trusts can be legally and technically complex. For advice and guidance on the steps you need to take to meet your Trustee obligations and register your trust, please contact a member of our Private Client team today.

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common mistakes people make during divorce

Catherine Lowther Managing Associate, Family team

Divorce can be very overwhelming couples, particularly if they are seeking to navigate their way through the process on their own. It is no surprise that mistakes are sometimes made. This is a rundown of some of the most common mistakes and how you can avoid them.

Relying on advice from family and friends Whilst it is vital to ensure you have a strong support network around you during challenging times, it is important to remember that the people you rely on for emotional support are usually not qualified legal professionals and any advice which they are able to provide – however well-intentioned – will most likely be outdated or predicated on their own personal circumstances which will no doubt be very different to your own. No two divorces are the same; what works well for one couple will not necessarily work for another. The only person you should take legal advice from is your lawyer.

Failing to obtain a financial order A very common mistake is to assume that, once the Decree Absolute has been issued, you are financially free from your former spouse. This is not the case. Without a financial order from the Court there is nothing to prevent your ex-spouse from pursuing you for a share of any future income. Even if you have reached an amicable agreement regarding how your assets should be divided, or even if there are no financial issues to resolved at the time of the divorce, a financial order will provide what is known as a “clean break” and prevent future financial claims being made against you.

Overlooking Pensions As a follow-up to the previous point, pensions are another major financial asset which many couples fail to consider at the point of divorce, but it is important to take time to consider your financial position later in life as well as your circumstances now. If one party has particularly valuable pension rights, these should be reviewed and considered carefully in order to address any imbalance of pension provision between the two parties before a financial settlement is reached.

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Heading straight for the courtroom A combative approach benefits nobody, particularly when children are involved and you wish to maintain a healthy and functional co-parenting relationship with your former spouse. There are several alternatives to court – including mediation, collaboration and arbitration – which can all provide a quicker and more cost-effective result for separating couples, whilst also reducing hostility and encouraging constructive communication. Clearly there are some circumstances where court is the only option, but this should always be treated as a last resort.

Treating your children like adults Divorce is an incredibly confusing and stressful time for children and it is imperative that both parties do what they can to shield them from any conflict or emotional burden.

As difficult as it may be, do not talk about your former spouse with your children in a demeaning way or share details of the divorce which you know will influence the children to take sides. Whatever the nature of your personal feelings towards your former spouse, you will both remain parents of your children long after the divorce has concluded and it is crucial that they know it is ok for them to have a close relationship with both of you.

Going through a divorce can be a highly complex and technical process. Always seek specialist advice from a qualified legal professional to ensure your interests are protected, both now and in the future.

For further information, please contact Catherine Lowther on cel@swinburnemaddison.co.uk or by phone on 0191 3842441.

HOW TO...

…successfully contest a Will There are a number of ways that the validity of a Will can be contested if you believe that a loved one’s wishes have not been properly recorded. However, claims of this nature can become complicated, and we would always recommend seeking the advice of a specialist lawyer and carefully considering the options available to you before proceeding with any formal claim.

For a claim to be successful, at least one of the following grounds must be satisfied.

The deceased did not have testamentary capacity Testamentary capacity is the term used to describe a person’s legal and mental capacity to make a Will. If the person challenging the Will is able to raise real doubt that the testator did not understand his or her actions at the time of making the Will, it will be for those seeking to prove the Will to establish that s/he did have capacity.

In a claim of this nature, the medical records of the deceased, and the opinion of a suitably qualified medical expert, will be crucial.

Lack of knowledge and approval In cases where a Will has been written and executed correctly, and there is no question as to the testator’s mental capacity at the time of making the Will, knowledge and approval will be presumed.

However, if the person challenging the Will is able to show that the Will was executed in suspicious circumstances, the burden once again passes to those seeking to prove the Will to demonstrate that the deceased fully understood how it operated and approved its contents.

“Suspicious circumstances” could arise include if the deceased:• was hard of hearing, unable to speak clearly or visually impaired • had low levels of literacy; or • was otherwise vulnerable, and the Will is particularly complex Undue Influence or coercion To succeed in a claim of undue influence it must be proved that the testator acted against their own volition, and that they were coerced into making a will that that they did not wish to make.

As the nature of this allegation if tantamount to fraud, the evidential burden is high. Also, given that most incidences of coercion are likely to have swinburnemaddison.co.uk

taken place behind closed doors – and the key witness (the deceased) is unable to testify – this is a very difficult ground to pursue. Instead, many clients will opt to pursue the previous ground and raise a case that the testator did not have the necessary to knowledge to understand their intention.

Abigail Zuk Managing Associate, Dispute Resolution team

Forgery and fraud If it can be proved, by way of a conclusive report from a handwriting expert, that a Will has been forged, it will be invalid.

It is also possible – although, for the reasons outlined in ground 3 above, unlikely to be successful – for a Will to be challenged on the basis of fraud. This could be appropriate, for example, where it is believed that the Will has been signed by a person impersonating the testator.

Rectification A common claim by disappointed relatives embroiled in an inheritance dispute is that “this cannot have been what was intended.”

If it is believed that there has been a genuine mistake in recording the testator’s wishes – either through a failure to understand the testator’s instructions or due to a clerical error – the court can rectify the Will to give effect to the true intentions of the deceased.

To pursue a claim of this nature, it will be necessary to obtain the solicitor’s original file, together with a statement from the solicitor outlining whether they believe the Will reflects the deceased’s wishes.

If you’re looking to contest a Will based on any of the above grounds, or if you’re defending a claim from another person, always seek specialist legal advice to maximise your chances of successfully making or defending a claim.

For further information, please contact Abigail Zuk on az@swinburnemaddison.co.uk or by phone on 0191 3842441.

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UK City of Culture bid is just the start of County Durham’s journey County Durham may not have been named UK City of Culture 2025, but after such a captivating campaign, the partners driving the bid remain committed to delivering a pioneering cultural programme with a lasting legacy.

On 31st May, the Department for Digital, Culture, Media and Sport (DCMS) revealed Bradford had been selected as the winner of the prestigious competition.

And while Durham has missed out on the title, the publicity surrounding the Durham 2025 campaign has helped strengthen its reputation as a place where creativity and innovation thrive.

Durham County Council, Durham University and Culture Durham – the partners spearheading the campaign – are determined to deliver on the ambitious plans within the bid, creating a county of culture that attracts tourists from across the UK and beyond, delivers thousands of new jobs and improves wellbeing.

As well as working with local and international artists and producers to create a spectacular programme, the partners will support communities to bring cultural regeneration to their neighbourhoods. This will ensure the whole county is connected and celebrated through art, sport, food and science.

While the full programme is still under wraps, 2025 will be a big year for the county, as it celebrates the global bicentenary of the Stockton and Darlington Railway and hosts the National Astronomy Meeting.

The Durham 2025 partners will also work with national agencies to seek support for Place Labs. This will see innovative creative hubs introduced in major settlements across the county, providing a space for communities to share ideas and deliver their own cultural activities.

Together with the county’s existing festival and events programme; major developments at cultural attractions across the county; capital projects such as plans to bring the former Durham Light Infantry Museum and Art Gallery back into use as an exhibition centre, gallery and café; and anticipated investment from the BBC and Arts Council England – culture will remain at the heart of efforts 22

to drive economic growth and level up the region.

Thousands of residents, businesses and creative practitioners were involved in the bid’s development, contributing a range of ideas, with many featured in the final submission. This spirit of collaboration will also live on, with the bonds forged between cultural organisations during the journey stronger than ever before, and many new connections formed.

Cllr Amanda Hopgood, Leader of Durham County Council, said: “We are of course disappointed that County Durham will not be the next UK City of Culture, but, on behalf of all of the partners, I would like to congratulate Bradford and wish them the best of luck for 2025.

“We are immensely proud of getting so far in the competition and for being the only county to make the shortlist. This is thanks in no small part to the support we have received from people and businesses across the region, and we are so grateful to everyone who backed the bid.

“We know the transformational impact a vibrant cultural offer has on residents. Not only does it bring people together and energise our communities, but it raises aspirations and attracts people and investment into our towns and villages.

“Working alongside our partners and communities, we will channel the excitement, enthusiasm and innovation that has come to the

We will channel the excitement, enthusiasm and innovation that has come to the fore during the Durham 2025 campaign, to create a county of culture with a legacy that extends well beyond 2025.

Managing Partner, Jonathan Moreland, speaking in support of the Durham 2025 Campaign at the business engagement event held at Beamish Museum in April

fore during the Durham 2025 campaign, to create a county of culture with a legacy that extends well beyond 2025.”

Tony Harrington, chair of Culture Durham, a partnership of more than 20 cultural organisations from across the county, said: “It’s a great shame we’ve missed out on UK City of Culture status for 2025, as we believe Durham truly is no ordinary county. However, this is by no means the end of the Durham 2025 campaign.

“Over the last year, it has been wonderful to see excitement for the bid grow, and to hear people’s ideas. It’s vital we keep this momentum going and deliver a radical and relevant programme that reflects our past, present and future and offers everyone the chance to get involved.

“This really is just the start of our journey.”

Professor Karen O’Brien, Vice-Chancellor of Durham University, said: “Whilst it is disappointing not to have been successful, we of course offer our heartfelt congratulations to Bradford.

“Durham still has much to celebrate when it comes to the wealth of cultural opportunities on offer, with the university’s courses, museums, collections, visitor attractions and cultural activities playing an important part.

“We are proud to have been a principal partner on Durham’s City of Culture bid.

“We are committed to building on the sound foundations created by the development and submission of the City of Culture bid.

“We will continue our strong partnership working with Culture Durham Partnership, Durham County Council and other partners to foster and build relationships between the University and communities across County Durham, sharing our extensive cultural heritage for the benefit of everyone.”

Key cultural developments underway or in the pipeline in County Durham include: swinburnemaddison.co.uk

The £5.9 million redevelopment of Locomotion in Shildon, including the creation of a new building that will allow the museum to display more rail vehicles from the national collection. This will make Locomotion home to the largest museum collection of historic rail vehicles in Europe.

The Remaking Beamish project, which is bringing a new era to the museum in the form of a 1950s town and farm.

The ongoing development of Bishop Auckland following the opening of the Spanish Gallery, reopening of Auckland Castle and continued success of Kynren.

Exciting plans are being drawn up to mark the bi-centenary of the Stockton and Darlington Railway, with local authorities, cultural organisations and communities across the region involved in the planning. Special steam train journeys, exhibitions, parades and arts and theatre event are just some of the activities planned.

The delivery of a world-class festival and events programme, including upcoming food festivals in Bishop Auckland and Seaham, Brass, Durham Pride and Durham Fringe Festival. Lumiere, the UK’s leading light festival, will also return in 2023 and 2025.

The return of the Bright Ideas Gathering, piloted during Lumiere in 2021.

The creation of a new dedicated history centre on the outskirts of Durham City, bringing together six miles of archives, heritage and registration services, along with a café and exhibition space.

Durham County Council’s Cabinet have approved proposals to bring the former Durham Light Infantry Museum and Art Gallery back into use as an exhibition centre, gallery and café.

County Durham has been selected as a priority place for investment by Arts Council England.

The BBC has announced its plans to invest £25 million in the North East over the next five years.

For more information and for the latest news about the Durham 2025 campaign, visit www.durham2025.co.uk.

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