Rory Carter to speak on Digital Assets for The Law Society

Contentious Trusts and Estates Senior Associate, Rory Carter, has been invited to speak in The Law Society’s webinar ‘Back to basics on Digital Assets’.

The session will be split into three key areas:

  1. Digital assets: what are the solicitor’s responsibilities? What do solicitors need to advise clients / executors? Our speakers will also discuss the risks associated with holding digital assets for executors and the valuation of assets when reporting to probate.
  2. Crypto as a property asset: what to do if there is a potential hacking and making sure you get the crypto from the client to the executors when a person has died.
  3. Law Commission’s report: recommendations for reform and development of the law relating to digital assets and next steps.

Rory will be joining fellow speakers, Elizabeth Gibbison of Irwin Mitchell LLP, Stephen Moses of Zenplans, Leigh Sagar of New Square Chambers and Akber Datoo of D2 Legal Technology.

Forsters’ Private Wealth lawyers recognised in Spear’s Tax and Trusts Indices 2023

Seven Partners have been listed in the Spear’s Tax and Trusts Indices 2023:

Spear’s publishes annual rankings of the top private client advisers and service providers to HNWs. These are drawn up on the basis of peer nominations, client feedback, interviews, data supplied by firms, as well as information gathered by the Spear’s editorial and research teams. The Tax and Trusts Indices are a guide to the finest tax advisers and lawyers working with high and ultra high net worth clients around the world.

We are delighted that the hard and dedicated work our Private Wealth team carry out for their clients has been echoed by this year’s listings.

The complete Spear’s Tax and Trusts Indices can be viewed here.

The news follows the team’s recent success at the STEP Awards 2023, where Forsters were named as the winner of three categories.

Outside the Box – Episode 1 – The Future of Freight

In Q1 2023 we quizzed investors and developers on the key issues affecting the industrial and logistics sector. In this series of podcasts, we explore the sector’s key issues in more detail and discuss with some well-informed guests. 

Episode 1

In our first episode, Magnus Hassett, Partner at Forsters and Co-Head of Industrial and Logistics, is joined by David Elvy, Head of Future Freight Strategy at the Department for Transport, and Matthew Evans, counsel in Forsters’ Planning team.  Together, they take a closer look at the Department for Transport’s Future of Freight plan, with a particular focus on the role and impact of the planning system. 

The scale of the UK’s freight and logistics sector is enormous with 1.6 billion tonnes of goods transported in and around Britain each year.  Recognising the importance to the country of moving goods efficiently, in 2022 the Department for Transport published its Future of Freight plan.  Developed in partnership with the UK’s freight and logistics industry, the plan sets out the Government’s long-term vision for UK freight, identifying some key challenges and objectives for the sector. 

If this discussion gets you thinking about your own experience of the planning system, then do share your thoughts and respond to the ‘Freight, logistics and the planning system call for evidence’ which closes on 6 October 2023.

In this episode

  • Magnus Hassett, Partner and Co-Head of Industrial and Logistics
  • Matthew Evans, Counsel
  • David Elvy, Head of Future Freight Strategy at the Department for Transport

Listen to more episodes and subscribe

You can listen to more episodes of the More Than Law podcast here on our website, as well as subscribe on your favourite podcast services, including SoundCloud iTunes/Apple Podcasts Spotify

To continue the conversation on social media, use #MoreThanLawPodcast

The charge of microgrids – Louise Irvine speaks to Property Week

Senior Knowledge Development Lawyer in the Commercial Real Estate team, Louise Irvine, has spoken to Property Week on energy alternatives for developers, should the national grid run out of capacity.

One method of overcoming the issue of power shortages, currently being considered by developers, is the creation of microgrids, which involves producing and storing electricity from renewable sources locally and then distributing it around a development.

Main benefits

Irvine believes in the future of microgrids and that they will evolve to play a bigger role in property developments.

She says that: “In the future, local microgrids could connect to each other so that developments could buy and sell electricity to and from each other in times of need or surplus to avoid drawing from the National Grid.

“Whatever form a microgrid takes, there are benefits to such systems. Microgrids help overcome the inefficiency of distributing power over a larger distance.

“It is estimated that up to as much as 15% of electricity dissipates in transit, so by having the power generated close to the area being served, this issue is greatly reduced.”

Cost-effectiveness

Microgrids may indeed be cost-effective, especially after considering the cost and likely delays of connecting to the national grid.

There are restrictions that developers need to be aware of; namely that any microgrid on a residential development needs to be operated by an IDNO.

However, it is possible that microgrids – or at least the potential for their future development – could become compulsory.

“It is currently a Section 106 requirement to ensure developers leave capacity for and safeguard a route for future connection to combined heat networks, subject to the costs being viable,” says Irvine. “We might see similar rules being inserted relating to microgrids.”

So, while microgrids might be some way off being mainstream in the UK, it looks likely that they will play a growing role in property developments in the future.

This article was originally published by Property Week on 21 September 2023 and can be read here (behind their paywall).

Forsters Private Wealth sweeps up trio of awards at the STEP Private Client Awards 2023/24

The judges at the prestigious STEP Private Client Awards 2023/24 named Forsters as the winner of three awards, showcasing the firm’s Private Wealth team as a global leader in advice to international families and in the field of digital assets, while recognising the team’s leadership for its commitment to its people. The team was also shortlisted for Private Client Legal Team of the Year (large firm) and Family Business Advisory Practice of the Year.

The judges commended Forsters in each of the three winning categories:

  • International Legal Team of the Year (large firm) – The judges described the winning entry as ‘simply excellent’. In an impressive field, Forsters stood out for its ability to attract and secure new clients, handle multi-jurisdictional projects effectively, and find innovative solutions; while the team’s governance work was recognised for its sensitivity to family dynamics. Overall, the team presented as the quintessential International Legal Team.
  • Digital Assets Practice of the Year – Forsters was well known as being one of the first to advise on digital assets. It had continued to innovate to meet client needs and combine technical skill and knowledge with client focus and thoughtfulness. The judges commented on its commitment to developing the industry through leadership in best practices for crypto and collaboration with HMRC.
  • Employer of the Year – Forsters had been carbon neutral since 2007. The leadership of the Private Wealth Team had a demonstrable commitment to employee well-being and open communication with associates through its Village Hall sessions. Twin teams of partners supported its junior lawyers through a mentor programme, and associates were involved in managing key client relationships.

The STEP Private Client Awards took place on 21 September 2023. The awards are regarded as the hallmark of quality within the industry, recognising and celebrating excellence among private client professionals. Attracting entries from across the globe, submissions are judged rigorously by an independent panel of experts made up of internationally renowned private client practitioners.

Head of Private Client, Xavier Nicholas, commented: “We are extremely proud to have been recognised by STEP for these three awards. They demonstrate our ceaseless commitment to our international client base, the entrepreneurial spirit of our partners in reaching into new practice areas, and our belief in looking after our team and supporting them to be the best lawyers in their field while feeling engaged in the business.”

STEP Private Client Awards - International Firm

STEP Private Client Awards - Digital Assets

STEP Private Client Awards - Employer

Forsters’ Student Accommodation Team Acts for Q Investment Partners on Woolwich Development

Acting on behalf of Singapore-based private equity firm Q Investment Partners, we are delighted that our Student Accommodation team has facilitated a joint venture with Hurlington Capital to develop an £80 million student accommodation site in Woolwich.

The work involved input from across the firm with the team made up of Partners and Associates from Commercial Real Estate, Construction, Banking and Finance, Planning and Corporate.

This is the first joint venture between QIP and specialist investor and developer Hurlington Capital and is both investors first asset in the London PSBA market.

Work on the site is due to start in Q1 2024, with completion anticipated in time for the 2026/27 academic year.

Commercial Real Estate Partner and Head of Forsters’ Student Accommodation Group, Ronan Ledwidge, said: “We are delighted to have acted for long-standing client QIP on this transaction, which is another great example of two parties working in collaboration towards helping to plug the supply shortfall in the sector”.

Peter Young, CEO and co-founder of QIP commented: “The UK’s PBSA market remains remarkably resilient and a compelling opportunity for investors who know the sector in detail.”

Talking Family Law – the Resolution Podcast co-hosted by Simon Blain shortlisted at the Family Law Awards

Family Partner, Simon Blain co-hosts the Talking Family Law – the Resolution Podcast with Anita Mehta. The podcast, now in its third series has been shortlisted as Family Law Commentator of the Year at the LexisNexis Family Law Awards 2023.

As Resolution family law experts, Simon and Anita welcome guests to take a deep dive into topical issues in Family Law covering the whole spectrum of family law, from abduction, surrogacy, and public law to financial remedy. Guests have included Mr Justice Mostyn, HHJ Roberts & HHJ Hess.

The Family Law Awards will be held on Monday 27 November 2023 at Park Plaza Westminster Bridge, winners will be elected by an esteemed judging panel made up of Family Law experts.

To find out more and to listen to the Resolution podcast click here.

Simon and the Forsters Family team are members of Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way. They campaign for better laws and better support for families and children undergoing family change.

The Forsters Family team won Family Law firm of the Year (London) at the 2021 Family Law awards.

Jeremy Robertson and Charlotte Evans-Tipping named ePrivateclient’s NextGen Leaders 2023

Private Client Partners, Jeremy Robertson and Charlotte Evans-Tipping have both been recognised as ePrivateclient’s NextGen Leaders 2023, the definitive annual list of leading young private client practitioners in the UK and UK Crown Dependencies.

The rankings were open to nominees from within the private client advisory professions. Those listed were recognised for their individual qualities and achievements. Other factors taken into account included the reputation or performance of the company that the nominee works for, feedback from peers, as well as any volunteering outside of work, or mentoring and advocacy within the industry.

Jeremy was promoted to partner in Forsters’ private client team in April 2021. Jeremy has extensive experience of advising both UK domestic and international clients on all aspects of personal taxation, corporate and trust structuring, estate planning and family governance. He works closely with UK entrepreneurs, business owners, executives and their families on capital taxation and succession planning. His areas of expertise include the development and implementation of estate plans for both UK and non-UK resident individuals, tax planning, advising on the structuring options for acquiring UK property, creating and advising on the tax treatment of trusts and trust administration. Jeremy’s practice includes family office work (both in terms of supporting existing family offices and working with clients to develop and build family offices). He is also experienced in advising on the creation and on-going management of family investment, and other succession planning structures. Aside from his legal work, Jeremy co-heads Forsters’ charities and community group.

Charlotte was promoted to partner in the private client team at Forsters in April 2023. She advises high net worth individuals, families, trustees, beneficiaries, family offices and private banks on family governance and succession planning, trust law and personal taxation. She is particularly interested in family governance and structuring work, which involves working closely with founders and business families to understand their ethos and long-term objectives. Charlotte devises bespoke structures (using trusts, foundations, family constitutions etc.) to achieve their succession aims. Many of her clients are from the Middle East, but this work is transferable to onshore clients. She is a member of the firm’s pro-bono committee and assists with the firm’s pro-bono clinic partnership programme.

The full rankings are available to view online, click here for part one and here for part two.

This annual listing supersedes the ePrivateclient UK and UK Crown Dependencies Top 35 Under 35, which launched in 2009.

Next steps to supporting later living’s golden age – Amy France writes for EG

Commercial Real Estate Partner and Head of Later Living, Amy France, has written for EG on the growth of the later living sector and how, despite this, there are several issues in need of government and industry attention in order to maintain the momentum. 

Having attended the annual ARCO later living conference, France writes of how the panellists, one of whom was Housing Minister, Rachel Maclean, “set out the key issues that will shape the sector in the year ahead, including upcoming recommendations from the Older People’s Housing Taskforce.” 

Lifting the fog

Despite the recommendations of the Older People’s Housing Taskforce not due until May 2024, chair Julienne Meyer provided some early insight with France pleased to hear that planning reforms will be a priority, in addition to measures that will boost the appeal of later living options to consumers. 

France writes how the Taskforce must also look to clarify the use of event and deferred management fees, “which are the payments made upon certain events, such as the sale of a unit.” Providing this clarity will undoubtedly help increase consumer confidence in the sector. 

France believes that the Taskforce should build on the Law Commission’s 2017 recommendations in respect of event fees, which were confirmed for implementation at the time but have still not yet reached the statute books. “Event/deferred management fees should not be eliminated but restructured. If applied ethically, innovative charging models can deliver advantages to developers, operators and consumers alike, not least in boosting the viability and pace of new developments.

“From a consumer perspective, the sector needs to look at affordability and offering different tenure models and a range of price points. This is particularly evident in the case of integrated retirement communities, where consumers have the choice to either rent or buy a unit in a development, and balance event fees against other types of payment options during their period of ownership. ARCO emphasised the need to educate potential occupants about the options available to them, which should also serve to increase consumer trust in the later living sector.”

OK, boomers

France believes that the sector should adopted ARCO’s proposed “leasehold plus” model, which aims to make leasehold ownership of later living units more flexible for occupiers, as well as boost consumer interest in such schemes by offering more protections. 

France supports the advocacy for a new, bespoke use class for later living and the removal of CIL charges to make them more viable. 

She concludes by writing: “The great news is that growth is not just reliant on interventions. As pointed out by Bobby Duffy, professor of public policy at King’s College London, baby boomers, with their relatively high levels of wealth, are only just coming to the age when they are more likely to move into later living residences. Their arrival into this age bracket will create the demand needed to significantly boost supply for the next 15-20 years, signalling that a “golden age” for the later living sector is on the horizon.”

This article was originally published by EG on 6 September 2023 and can be read here in full.

Jo Edwards quoted in The Times on the Parental Alienation debate

In The Times’ article entitled “Parental alienation triggers debate”, Head of Family, Jo Edwards shares her views on some of the challenges facing the courts in complex private law children cases.

Recent research published by academics at the University of Manchester highlighted the use of “parental alienation” as a concept used in some family cases to counter claims of domestic abuse. The researchers have renewed the debate over the use of parental alienation as a legal argument, particularly against the backdrop of concern about the Family Court’s ability properly and sensitively to deal with allegations of domestic abuse; an increase in both cases involving so-called alienating behaviour, and those where accused perpetrators of domestic abuse wrongly raise alienation in response to those allegations; and growing pressure on the family courts to deal with a rising number of applications for child arrangement orders.

Jo highlighted that where allegations of alienating behaviour are raised in response to claims of domestic abuse “the court is left in the invidious position of trying to decide what the true position is and what are the interim and long-term arrangements for the child that would be in their welfare interests and safe”.

In relation to the report published this week, Jo said that “the sad reality is that while the cases highlighted are worrying, shocking and inexcusable, there are countless children across the country who no longer see one of their parents because of alienating behaviours by the other parent and which the family courts have been powerless to fix”.

The debate highlights the need for an accepted legal definition of parental alienation and the challenges the court faces in getting decisions right for children.

The full article can be read here behind a paywall.

Forsters’ Family team have extensive experience of complex children work, as well as cases where the issues are more straightforward. We help parents with these cases in a variety of ways, be it through solicitor negotiation, mediation, early neutral evaluation, children arbitration or court.

Jo Edwards appears on ITV’s Lorraine to share advice on how to handle a relationship break-up

During Lorraine’s ITV morning show on Friday 8 September, Head of Family, Jo Edwards joined Lorraine and celebrity relationship expert, Paul Carrick Brunson on the sofa to share advice on how to have a good break-up.

In the segment they discussed the fact that September is the second busiest time of year for couples to separate, perhaps due to families spending prolonged periods together or people waiting until children have finished GCSEs or A-levels.

Jo shared advice for separating couples, particularly those with children and the importance of keeping the children’s best interests at heart of any decisions arising from a break-up. Whilst any separation can be hugely emotional it is crucial that children are not exposed to parental conflict and that children are permitted to have a good relationship with both parents provided that that is safe. Jo and Paul said that children should always be considered the compass when it comes to dealing with separation and the motivation to resolve conflict.

Although Jo has extensive experience of taking cases to court where needed, she is well-known for her conciliatory, pragmatic approach and desire to settle even the most complex of cases where possible. As a trained mediator and collaborative lawyer, Jo is one of only a handful of lawyers in London qualified to consult with children in mediation.

For more information, please contact Jo Edwards.

Wealth that works: Alfred Liu joins other private wealth experts for an ESG-focussed STEP Journal roundtable discussion

Private Client Senior Associate, Alfred Liu, shared his views as a Family Governance and Next Gen adviser at the latest STEP Journal roundtable discussion, sponsored by Hawksford.

The conversation focused on sustainable investing, examining who the responsibility sits with and how trustees and advisors can manage their fiduciary duty as they balance environmental, social and governance (ESG) factors and return on investment.

When asked how ESG values and sustainable legacy considerations develop in his family governance and business advisory experience Alfred comments:

“It’s incumbent on us as advisors not to be static and to be very aware that families evolve. In turn, structures and investment strategies need to be updated. What does it take for families to consider sustainability? It tends to be the second or third generations that are driving those discussions because they’re the ones considering the implications of the structures the first or predecessor generation has picked. It’s important for us to be able to discuss and educate, help families find where the common values and disparities lie, and get consensus to preserve harmony – which is a big part of any meaningful family governance exercise”.

Click here to read more about the roundtable discussion in the STEP Journal, Issue 4 2023.