Comment Magazine Issue 5

COASTAL LIVING 

The residential property 

market post Brexit 

MANUFACTURING 

High tech and 

high value 

A DIGITAL LEGACY 

What happens to your 

digital assets 

MAKING DECISIONS 

Managing affairs 

in old age 

Comment 

ISSUE 5 

Fuelling 

the nation 

Comment magazine 

meets hungryhouse CEO, 

Alice Mrongovius.

Welcome to Comment 

Miles Brown 

Managing Partner 

Coffin Mew LLP 

milesbrown@coffinmew.co.uk 

023 9238 8021 

Welcome to the Autumn edition of Comment magazine, written for valued 

clients, contacts and friends of Coffin Mew. 

2016 has been quite a year, and one that has seen major change following the Brexit 

vote in the summer and the Trump election a few weeks back. In these uncertain 

times it is important to have strong and successful advisers to lead you through the 

challenges and opportunities that arise. 

It has been an exciting year for Coffin Mew. We have been ranked in The Business 

Magazine’s Solent SME 100 Growth List for the first time, and named as the 8th best 

managed law firm in the UK by The Lawyer magazine. Both are a testament to the hard 

work we have put into developing our strategy, our work with clients, our brand across 

the south east, and reflect the ambitious plans we have for the future. 

Investment in technology has continued to be a high priority for Coffin Mew, and 

in 2016 we launched our new website. This has reinforced the firm’s identity whilst 

creating a robust platform from which to communicate with our contacts and clients. 

Colleagues across the firm have achieved major successes in our CSR activities 

this year, raising over £12,000 for local charity Naomi House and Jacksplace. We have 

also joined forces with Marwell’s Zany Zebras art installation in Southampton. Our 

Zany Zebra ZZ! Top, created by artist Jenny Leonard, was one of 48 colourful artworks 

auctioned in October to raise nearly £90,000. 

We are proud that in all of our locations our clients are creating hundreds of new 

homes, new businesses and jobs. We are thrilled to be part of their story, supporting 

their success. On behalf of partners and staff here at Coffin Mew, here’s to another 

successful year, and good luck for 2017. 

@coffin_mew 

Comment is written and published by Coffin Mew LLP. 

Special thanks to Wildfire Creative & Marketing Ltd and 

Coast Communications. 

For further information about Comment, please contact 

Kirsty Hughes on kirstyhughes@coffinmew.co.uk or call 

023 9238 8021. 

© Copyright 2016. All Rights Reserved. Coffin Mew LLP. 

Disclaimer: This information has been prepared by 

Coffin Mew LLP as general guidance only and does not 

constitute legal advice on any specific matter and should 

not be relied upon as such. No liability can be accepted 

by Coffin Mew LLP for action taken or not taken as a 

result of this information. Coffin Mew LLP is a limited 

liability partnership in England and Wales (registered 

number OC 323868) which is authorised and regulated 

by the Solicitors Regulation Authority (registered number 

463138). Lexcel Accredited. 

2

Issue 5 

in this issue... 

06 At home on the coast 

The residential property market 

post Brexit. 

12 Fuelling ambition and 

feeding the nation 

Comment meets Alice Mrongovius, 

the CEO of hungryhouse, one of 

the UK’s leading online food 

delivery businesses. 

04 Insight 

News and updates from Coffin Mew. 

08 High tech and high value 

Manufacturing on the South Coast. 

10 Uber, the gig economy and 

the future 

What impact does the employment 

tribunal bought by two of Uber’s 

drivers have on the wider ‘gig 

economy’? 

14 The Brighton Business Pulse 

Coffin Mew’s survey of businesses 

in Brighton. 

16 West Pier Trust 

Celebrating the 150th anniversary of 

Brighton’s West Pier. 

17 Meet Mark James 

Comment introduces one of 

Coffin Mew’s recent additions. 

18 Property nightmares 

- a knotty problem 

A beautiful garden can make or 

break the sale of a home. But what 

should you do if you discover 

Japanese Knotweed? 

20 Generation of silver divorces 

The divorce rate among the over 

50s has increased. Sally Pike explains 

why... 

22 Digital Legacy 

What happens to your digital assets 

when you die? 

24 Buying Social Influence 

The rise of video bloggers. 

25 Rates revaluation – what will 

it mean for your business? 

The revaluation of business rates will 

cause some businesses a real 

financial headache. Nick Leavey 

explores what might be done. 

26 Managing personal affairs 

in old age 

What happens if you can no longer 

make decisions on your own? 

3

Insight 

Bringing you the latest news from Coffin Mew 

Legal “Bible” recommends Coffin Mew 

Coffin Mew has been named by The Legal 500 as one of the UK’s leading law firms. 

The Legal 500, 

published annually 

and known as the 

“lawyers’ Bible”, 

seeks to rank the UK’s best law 

firms and individual lawyers across 

a number of industry sectors and 

specialist legal disciplines. 

Fourteen of the firm’s lawyers and 11 

industry sectors have been highlighted 

in the 2016 research, which was 

published in September. 

Amanda Brockwell, the firm’s Head of 

Corporate, and Chris Upfield, a Partner 

in the Family team, have also been 

included in The Legal 500’s Leading 

Lawyers list – an elite group of lawyers 

hand-picked from across the UK. 

Miles Brown, Coffin Mew’s Managing 

Partner said: “The firm is thriving, as 

witnessed by this accolade and 

the highly talented lawyers we are 

proud to employ. It is very gratifying 

to see our work recognised by 

The Legal 500, and I look forward 

to seeing the firm and our lawyers 

continue to rise up through the 

rankings in future years.” 

Visit www.legal500.com for further 

information. 

Coffin Mew’s Conveyancing 

team ‘Highly Commended’ 

Coffin Mew has been highly commended 

at the annual and prestigious Modern Law 

Conveyancing Awards and the LFS 

Conveyancing Awards. 

The firm’s 

specialist 

Residential 

Conveyancing 

team was 

nominated for 

‘Property Team 

of the Year’ at the 

Modern Law Awards 

and ‘Regional Firm of the Year’ at the LFS Conveyancing 

Awards, and received the ‘highly commended’ accolade 

at both award ceremonies. 

The awards recognise those firms taking a lead in 

innovation and developing unique solutions for clients, and 

those that champion client care. 

Coffin Mew has one of the strongest dedicated residential 

conveyancing and New Homes teams in the South East, led 

by Partner Karen Webb. She said: “We put service excellence 

at the heart of everything we do – from our IT systems 

to new staff induction programmes – and the emphasis 

is always to deliver the very best client service. We are 

delighted that our commitment to service excellence has 

been recognised by these awards.” 

When Bands Collide 

Coffin Mew’s Brighton office will be hosting When Bands 

Collide at The Haunt on 9 February 2017. Compered by 

local legend Guy Lloyd of Juice 107.2 and Britain’s Got 

Talent fame, When Bands Collide will give Brighton’s finest 

corporate talent a chance to raise the roof this February. 

Taking to the stage will be Keep Rockin, the house band of 

chartered accountants and financial advisers Kreston Reeves; 

The Ricardo Work Band representing its namesake, global 

engineering consultancy 

Ricardo; and G59ers 

showcasing the talents 

of renewable energy 

consultancy, OST Energy. 

They will be joined 

by award winning 

accountants, Crunch 

Accounting, as well as 

Coffin Mew’s own band, 

Clover. 

Each band will perform 

in the hope of winning 

a prize for the charity 

of its choice – as well as 

staffroom glory and endless bragging rights. 

John Parkinson, Head of Business Development at Coffin 

Mew and drummer in Clover commented: “We’re off to 

a flying start with this line-up – who knew the Brighton 

business scene had so many weekend rockstars in its midst! 

“When Bands Collide is shaping up to be a great showcase 

of local talent. I can’t wait to raise the roof of The Haunt and a 

nice big sum for local charities. Roll on February!” 

4

£12,000 for Naomi House and Jacksplace 

Lawyers at Coffin Mew have raised 

an impressive £12,000 over the past 

18 months for Naomi House and 

Jacksplace. 

Naomi House and Jacksplace are 

hospices for children and young 

people with life-limiting and lifethreatening 

illnesses. The charity 

provides care for people and their 

families across seven counties of 

southern England. 

Coffin Mew has held a number of 

fund-raising events including a netball 

tournament, an office tuck shop, a 

stall at a village fair, and even a special 

breakfast where partners at the firm 

cooked and served breakfast for staff. 

The fundraising culminated in a charity 

quiz night that alone raised more than 

£2,000. 

Charlotte Otter, Trusts and Major 

Gifts Fundraiser at Naomi House 

says: “Working with Coffin Mew is a 

standout example of how a charity 

partnership can and should look. The 

team at Coffin Mew take the time to 

get under the skin of Naomi House and 

Jacksplace, to understand everything 

about our charity, and to 

provide a tailored package of 

support that makes a huge 

difference to hundreds of 

children, young people and 

families from across the South.” 

Annabelle Vaughan, a 

Partner at Coffin Mew who 

has spearheaded the firm’s 

fundraising efforts added: 

“We were introduced to 

Naomi House and Jacksplace 

as a place where some of 

our clients receive essential 

respite. When we toured the 

hospice we were struck by the 

ability of the team to provide 

high quality care in a fun and 

homely environment. 

“We have seen Naomi House 

transform itself over the last 18 

months into the outstanding facility 

it is today. I am aware that the charity 

has exciting plans ahead and I am 

delighted that we have managed to 

raise such a fantastic amount that 

can be put towards a great future for 

Naomi House and Jacksplace.” 

Coffin Mew’s fundraising 

efforts have recently been rewarded 

when they triumphed at the Naomi 

House & Jacksplace Corporate Awards 

– being named the Best Business- 

Charity Partnership and scooping the 

judges’ Special Recognition Award. 

Coffin Mew named top 

graduate employer 

Coffin Mew’s commitment to the next generation 

of lawyers has been recognised by the prestigious 

Lex 100 graduate guide. 

The Lex 100 guide surveys every year the UK’s top 150 law firms, 

awarding medals for best practice. The guide praised Coffin Mew 

for its work-life balance and the future prospects it offers its trainee 

solicitors. 

The award coincides with the firm appointing nine new trainee 

solicitors working across its offices in Portsmouth, Southampton and 

Brighton. 

The nine trainees are Hannah Goodeve, Natalie Williamson, James 

Kitching, Andrew Jerrard, Charlotte Allery, Pascale Devlin, Ross Jarvis, 

Justina Zelvyte and Amy Clatworthy. 

Miles Brown, Coffin Mew’s Managing Partner said: “At Coffin Mew, we 

value our employees and their personal and professional development 

highly. To be commended by Lex 100 is an honour as we strive to create 

the best working environment for our employees. Today’s trainees are the 

top lawyers of the future, and we are proud to be nurturing their talent.” 

At the same time, the firm has also rolled out a new training 

programme for its staff who have been recognised as having high 

potential, irrespective of where they are in their career. Aspire II is a 

bespoke programme that will better equip staff to maximise performance 

and well-being, build industry knowledge and develop leadership skills. 

5

At home on the 

South Coast 

The residential property market post Brexit 

The old adage and TV favourite Location, Location, Location has never been 

truer when it comes to the residential property market along the South Coast. 

Comment caught up with Ian Peach, Head of Residential Property at Coffin Mew, 

to discuss the market and what impact the EU referendum may have had. 

Hampshire, West Sussex and East 

Sussex offers home buyers a wealth 

of attractions. From world-class 

sailing, the beauty of the Meon 

Valley and the South Downs National 

Park, vibrant and historic cities and 

towns to first class infrastructure, it 

is perhaps understandable why so 

many people choose to call it home. 

But its popularity can make it difficult 

to get on to the property ladder, and 

a challenge for those wishing to move 

up. It is a story that is echoed across the 

South East. 

Ian Peach has led Coffin Mew’s 

Residential Property team for almost three 

years, and has been involved in the South 

Coast residential market for well over 25. 

It has always been a particularly 

competitive market, he says, regularly outperforming 

other parts of the country. 

The UK’s decision to leave the EU gave 

the property market a jolt, but seemingly 

no permanent damage. 

“The Brexit decision certainly did have 

an impact on the residential market,” 

says Ian. “After the 23 June referendum 

we saw an almost immediate blip with 

transaction numbers. 

“Overseas buyers and investors were 

particularly nervous, perhaps concerned 

over currency fluctuations, with some 

pulling out of purchases altogether. We 

also saw some domestic buyers attempt 

to use Brexit as a reason to renegotiate on 

previously agreed purchase prices. Some 

were successful, but most were not.” 

The Royal Institution of Chartered 

Surveyors (RICS) reported the same 

reaction across the country, with buyers 

falling away. But by September it had 

reported a return of confidence to the 

UK housing market. 

“It appears to be back to business as 

usual,” says Ian. “The fall in late June and 

July was followed by a decent recovery 

in September. Like-for-like activity in 

September and October this year is 11 

per cent up for us on the same period in 

2015. This year alone, our team at Coffin 

Mew has transacted homes with a total 

value in excess of £750 million. People 

still want to buy and own their own 

home here on the South Coast.” 

6

It is a view echoed by Mark Gilbert, 

the Managing Director of Pearsons 

Estate Agents, which operates across 

South Hampshire. 

“We hold regular auctions throughout 

the year, and the one immediately after 

the Brexit referendum was particularly 

tough,” says Mark. “Attendees were 

down, and our auctioneers had to work 

exceptionally hard to secure sales. Later 

auctions, by comparison, have been 

exceptional.” 

One of the biggest challenges facing 

the housing market is not the UK’s future 

involvement with the EU, but a shortage 

of supply. “Whether it is first time buyers, 

those moving up the ladder, or those 

down-sizing, there is a real shortage of 

supply,” explains Mark. 

“With interest rates at an all time low, 

now has never been a better time to 

borrow money to buy. And whilst there 

are plenty of people looking, far too few 

people are putting their own homes 

onto the market. Many would-be sellers 

believe they will be pressured into 

making a move and find it easier to just 

sit tight.” 

“The new homes market remains 

very active,” adds Ian, “and the major 

developers have significant land banks 

across the region and have major 

strategic land sites continuing to be built 

upon. Their main challenges, however, 

remain the planning process and 

availability of materials and skilled work 

force in the construction industry, rather 

than the availability of land itself.” 

There are major developments across 

the south coast including in Shoreham 

and Durrington, Waterlooville, Whiteley 

and Boorley Green, by all the major 

developers including Persimmon Homes, 

Linden Homes, Taylor Wimpey, Bellway 

Homes, Bovis Homes, Bloor Homes, and 

Barratt David Wilson. That will bring 

forward much needed homes for first 

time buyers and growing families. 

“The top end of the market will also 

continue to perform well, as those 

looking to move out of London often 

head for the South Coast,” says Ian. “It 

seems that no matter what is thrown 

at the local property market – the 2008 

crash, changes to stamp duty and Brexit 

– it absorbs and bounces back, creating 

both challenges and opportunities.” 

West Sussex East Sussex Hampshire Isle of Wight 

Average sale price 

£338,254 

Average detached sale price 

£514,232 

Average terrace sale price 

£289,654 

Most expensive area 

Rusper, with an average sale 

price of £717,181 

Cheapest area 

West Worthing, with average 

sale price of £253,578 

Source: Rightmove 


£313,565 


£450,760 


£314,199 


Poynings, with an average 

sale price of £1,183,125 

Cheapest area 

St Leonards Green, with 

average sale price of £164,649 


£295,330 


£466,761 


£241,129 


East Meon, with an average 


Cheapest area 

North End, with average 



£223,481 


£314,557 


£170,766 


Bouldnor, with an average 

sale price of £1,039,250 

Cheapest area 

Newport, with average 


Further reading 

Coffin Mew 

coffinmew.co.uk/residential-property 

Contact us direct 

Ian Peach 

Head of Residential Property 

023 9236 4313 

ianpeach@coffinmew.co.uk 

7

High tech and 

high value - 

manufacturing on the South Coast 

Steel works aside, recent reports of the demise of UK manufacturing have been 

greatly exaggerated, as Hayley Bevis explains following September’s meeting 

of the Manufacturing Business Leaders’ Forum. 

UK manufacturing is undergoing 

something of a renaissance. That might 

surprise many who could be forgiven 

for believing, following years of press 

reports on the closures of factories and 

heavy industry on the South Coast and 

the rise of a service economy, that we 

no longer make anything any more. 

The South Coast has long had a 

tradition of heavy manufacturing, with 

ship building, aerospace and automotive 

perhaps the first to spring to mind. And 

whilst it is true that some of this has 

relocated or moved offshore over the 

years, a new breed of manufacturers have 

taken its place. 

Manufacturers that have taken their 

production facilities offshore are now 

beginning to bring them onshore again 

due to quality control and intellectual 

property issues. The current fluctuation 

in the exchange rate is also reported 

to be a driver for a boost in UK 

manufacturing activity, with the price 

of UK goods seen as a benefit to those 

overseas. 

High tech, high value and low 

volume, and low value, high volume 

and highly skilled. That is how 

manufacturing on the South Coast is 

characterised, working in sectors as 

diverse as marine, oil, agriculture and 

information technology. 

Today, UK manufacturing contributes 

£6.7trillion to the global economy, 

employing some 2.6million people 

and accounting for 54 per cent of all 

UK exports. The UK is the 11th largest 

manufacturing economy in the world. 

Coffin Mew, together with 

NatWest Bank and accountants Grant 

Thornton, celebrate and support 

manufacturers along the South Coast 

with a regular roundtable discussion 

for manufacturing business leaders. 

Meeting four times a year, the 

Manufacturing Business Leaders’ Forum 

provides a platform for directors and 

senior managers of manufacturing 

and engineering businesses to discuss 

topical issues, share industry best 

practice and learn from other likeminded 

businesses. 

The Manufacturing Business Leaders’ 

Forum met on 6 September and the 

hot topic that morning was whether 

today’s workforce would deliver 

tomorrow’s growth. 

Many engineering and 

manufacturing businesses report 

8

an ageing work force and a lack of 

skilled junior staff entering into the job 

market. It is, companies report, one 

of the biggest challenges they face, 

as well as how to retain the talented 

individuals that they currently employ. 

Yet it isn’t a challenge that has 

gone unnoticed. The market is 

responding, with a renewed interest 

in the apprenticeship route and with 

the Government set to introduce the 

apprenticeship levy on 6 April 2017. 

Eastleigh College, speaking at the 

Forum, currently offers some 4,000 

apprenticeships each year, and has 

just started work on a new £12million 

advanced technology centre to house 

those undertaking new engineering 

and manufacturing apprenticeships. 

Some manufacturers at the Forum 

also work closely with the new breed 

of University Technical Colleges in 

Portsmouth and Salisbury, where 

14-year-olds undertake engineering 

career orientated study that mixes 

academic qualifications with handson 

working experience. Students, 

wearing suits and ties, study from 9am 

till 5pm, in an environment that is very 

different from the traditional classroom. 

They work closely with industry and 

get hands-on experience in the latest 

technologies, such as 3D printing. 

There remains, however, more deep 

rooted challenges for employers. 

Manufacturing is still seen by many 

as a ‘dirty’ industry, with parents often 

pushing children towards university. 

Businesses need to be able to ‘sell 

the future’ to potential and future 

employees. This will include showing 

a greater degree of career progression, 

and rewarding staff who bring bright 

or valuable ideas to their employers. 

The idea of ‘super guru salaries’ was 

discussed as a way of rewarding the 

brightest and the best talent. 

Motivating staff and encouraging 

team work in the workplace is high on 

the minds of employers. The cost of 

looking after employees is, of course, 

always going to be easier and cheaper 

than recruiting. A common approach 

is the workplace forum, where 

information and concerns are shared. 

Other initiatives include family days, 

where employees and their families 

get together for games, fun and food, 

employee of the month schemes 

with simple rewards such as a priority 

car parking space, and regular social 

events. 

Many manufacturers continue to 

recruit from overseas, and that too can 

present challenges. Some will provide 

English language classes and additional 

training. However, the increasing 

tough stance on immigration and the 

recent EU referendum decision has 

created much uncertainty. 


Hayley Bevis 

Senior Associate Solicitor 

023 9236 4321 

hayleybevis@coffinmew.co.uk 

Thinking Space 

Thinking Space is a South Coast 

manufacturing success story, 

and a world leader in providing 

specialist control consoles for air 

traffic controllers, CCTV operators, 

broadcasters, recording studios and 

the emergency services. 

Based in Romsey, Hampshire, 

and with offices in the US, Canada 

and Australia, Thinking Space has 

developed its own bespoke extrusion 

process, creating truly beautiful, fully 

customisable furniture for specialist 

operators. 

The business was established in 

2002 by Wayne Palmer, whilst working 

as a sales rep for an engineering 

company in Switzerland. 

“One of my then clients had to throw 

away an almost new piece of furniture 

to accommodate new technology,” 

says Wayne. “It was then that I 

realised there had to be a better way 

for businesses with specialist furniture 

needs to operate.” 

Wayne’s first prototype was 

developed in his dining room from 

that discarded piece of furniture, 

followed quickly into a local farmer’s 

barn where the business flourished. 

Several moves later, and expansion 

overseas, Thinking Space now employs 

37 people. 

Engineering and a passion for UK 

manufacturing is in Wayne’s blood. 

He is a big fan of the apprenticeship 

route into industry, taking one 

apprentice every year, but all too 

often is met by opposition from 

parents who believe university is 

the only route. 

“We have struggled to find good 

apprentices,” explains Wayne, “not 

because teenagers do not want 

to work for us, but from their 

parents who want their children 

to go to university. There is a real 

misconception that apprenticeships 

are second rate, and that is simply 

not the case. An apprenticeship 

offers an internationally recognised 

qualification whilst working. Our 

apprentices will not have a huge debt 

following their studies, and get to 

work on some pretty exciting projects.” 

Apprenticeships are coming out 

of the university shadow, and that 

is thanks to businesses like Thinking 

Space and its inspiring founder 

Wayne Palmer. 

Visit www.thinking-space.com 

9

Uber, the gig 

economy and 

the future 

In October, two drivers at the mobile taxi 

hailing company Uber successfully argued 

that they were in fact workers and not 

self-employed. The case has interesting 

implications for the wider ‘gig economy’, 

says Holly Cudbill. 

There has been a great deal of 

misleading information published 

following the recent decision in 

the Uber employment tribunal 

case, and so it’s important to 

distinguish between what this case 

actually means and what the wider 

implications are. 

Firstly, the case technically only affects 

the individuals who brought the claim, 

not the 40,000 other individuals engaged 

by Uber. In addition, judgments from the 

Employment Tribunal are not binding 

on other cases. In other words, the 

suggestion that this is a landmark 

decision which will affect the hundreds 

of thousands of other people working 

under self-employed contracts is 

simply wrong. 

What actually happened in the 

Uber case was that the Employment 

Tribunal analysed the facts of how the 

Claimants worked for Uber, taking into 

account well-established law relating 

to employment status and concluded 

that the individuals were in fact workers, 

rather than self-employed. Assuming 

that the majority of Uber drivers are 

engaged on similar contracts and work 

in a similar way, it is likely that another 

Employment Tribunal would also find 

that they are workers, but that is not 

guaranteed. 

The well-established law in cases 

like these dates back to 1999, in a case 

which also concerned delivery drivers. 

In that case, it was found that one of 

the determinative factors in deciding 

whether an individual is genuinely 

self-employed or a worker is whether 

the individual is obliged to perform the 

services individually. In other words, if 

a driver doesn’t feel like turning up for 

a shift, can they simply send a friend in 

their place? Another key consideration is 

the level of control that the company has 

over the drivers. 

One key element of the Uber 

judgment, which was not widely 

reported, was the fact that the 

Employment Tribunal said that nothing 

would prevent Uber from devising a 

business model that would ensure its 

drivers were not workers; it was simply 

that the current model failed to do that. 

Uber has confirmed that it will appeal 

the decision, but, in any event, it and 

other companies operating in the 

so-called “gig economy” are likely to be 

reviewing their contracts and working 

practices to ensure that this decision is 

not repeated. 

The Uber case, as well as the ongoing 

reports of mistreatment of workers by 

organisations such as Sports Direct and 

Hermes has led to a huge focus in the 

media on the gig economy. This, in turn, 

has led to the Government launching 

an inquiry into the future world of work, 

focusing on the status and rights of 

people working in the gig economy. 

The last few years have seen 

significant increases in the number 

of temporary placements and in 

companies with non-traditional working 

practices, and there is no reason to think 

that the gig economy is going away; 

however, it is likely that over the next 

few years we will see an ongoing debate 

between the freedom of companies to 

make money versus the rights of the 

workers themselves. Further clarity, if 

not necessarily further regulation, is to 

be welcomed from all sides. 

10

Whistle(blowing) 

while you work 

Holly Cudbill lifts the lid on 

whistleblowing in the workplace 

At the start of the summer, many 

nay-sayers were predicting the 

Olympics and Paralympics would 

be overshadowed by the ongoing 

revelations about endemic drug use 

in athletics. Of course, Team GB had a 

glorious and record-breaking summer. 

The revelations, however, continue and 

this, coupled with Wikileaks’ interference 

in the US Presidential election and the 

recent film about Edward Snowden, 

means that the term ‘whistleblower’ is 

everywhere. 

For the majority of people working 

in the UK, whistleblowing does not 

usually relate to state-sanctioned 

doping or spying, but is instead rather 

more mundane: employees reporting 

wrongdoing at work. 

The law giving protection to 

whistleblowers in the UK was introduced 

partly as a result of the Zeebruge Ferry 

disaster in 1987, where it was found that 

serious health and safety breaches had 

been known of in advance, but were not 

reported or addressed by employees 

fearful of losing their jobs for being 

“trouble-makers”. 

Employees and workers who blow 

the whistle now have considerably 

more protection. For an employee to 

have rights as a whistle-blower, they 

must make a “qualifying disclosure”. 

This means that the worker must disclose 

information which in their reasonable 

belief, indicates that: 

1. a criminal offence has been or may 

be committed; 

2. a person has failed or may fail to 

comply with a legal obligation; 

3. a miscarriage of justice has occurred 

or may occur; 

4. an individual’s health and safety has 

been or may be endangered; 

5. the environment has been or may 

be damaged; or 

6. information showing any of the above 

has been concealed. 

In the vast majority of cases, 

whistleblowers at work rely on the belief 

that their employer is breaching a legal 

obligation. Until recently, employees 

were able to gain whistleblowing 

protection by saying that their employer 

had breached their own employment 

contract, which is of course a legal 

document that employers are obliged 

to comply with; however, Parliament 

closed this loophole by introducing the 

requirement that the disclosure is made 

in the public interest. 

This causes an interesting problem 

for employers in the public sector: 

for example, if an NHS employee 

were to complain that they had been 

discriminated against on the grounds 

of their sex and claimed that sex 

discrimination was rife in the NHS, there 

is a good argument that it’s in the public 

interest to disclose this. 

Provided that the employee or 

worker has properly made a qualified 

disclosure, they are protected from 

suffering a detriment or being dismissed 

as a result of having blown the whistle. 

Workers who are treated unfairly or 

sacked because of blowing the whistle 

have the right to claim compensation, 

which can be unlimited. In 2010, the 

whistleblowing charity Public Concern 

At Work published information showing 

that the highest whistleblowing 

compensation award up to that point 

had been £3.8 million, the lowest £1,000, 

and the average £113,677. 

As a result, it’s very important 

that employers take whistleblowing 

concerns seriously, have in place policies 

in order to deal with whistleblowers, 

and ensure that all employees and 

workers understand that they must not 

treat whistleblowers unfairly. 


Holly Cudbill 

Associate Solicitor – Employment 

023 8048 3770 

hollycudbill@coffinmew.co.uk 

11

ENTREPRENEURIAL NATION 

FUELLING AMBITION 

AND FEEDING 

THE NATION 

Comment magazine met Alice Mrongovius, 

the CEO of hungryhouse, one of the UK’s leading 

online food delivery businesses, and discovered a 

culinary world at our fingertips. 

The UK’s takeaway food market is 

worth a staggering £5bn a year, and 

is predicted to hit almost £8bn by 

the end of the decade. We cannot, it 

seems, get enough of pizza, Chinese, 

Indian and, of course, fish and chips. 

Our palates and the way we buy are 

also changing. Salad, soups, sushi, Thai, 

Mexican and Lebanese are now all firm 

favourites, ordered at the touch of a 

button from the comfort of our own 

homes. 

hungryhouse is one of the leading 

restaurant delivery services in the UK, 

putting hungry customers in touch 

with over 11,000 restaurants across the 

UK. Its European owner, Delivery Hero, 

is the largest food network in the world, 

connecting diners with over 300,000 

restaurants worldwide. 

Simply visit hungryhouse.co.uk, place 

your order with your favourite restaurant 

and sit back and wait for it to arrive at 

your door. 

Alice Mrongovius was appointed 

hungryhouse CEO in February this year, 

having served since 2014 as its Marketing 

Director. Behind this simple business 

idea there is a very clever team working 

hard keeping restaurateurs and diners 

happy. 

“Our business is focused on two key 

audiences,” explains Alice. “We give 

hungry customers in the UK the very best 

ordering and home delivery experience 

possible, whilst at the same time 

providing our restaurant partners with 

access to a much larger customer base.” 

hungryhouse was started back in 2006 

by two Australian entrepreneurs, Shane 

Lake and Tony Charles. The fledgling 

business made an early appearance on 

BBC2’s hugely popular Dragons’ Den 

television show, where they secured the 

investment needed to grow the business. 

Unfortunately, when the cameras 

stopped rolling, the deal collapsed. 

12

Their performance, however, caught 

the attention of other investors and the 

business took off. Coffin Mew has been 

advising hungryhouse since that early 

investment. 

In 2012, hungryhouse was acquired by 

global food ordering giant Delivery Hero, 

making it the largest food order business 

in the UK. 

An entrepreneurial business needs 

at its helm an entrepreneurial leader. It 

found one in Alice. 

In her early 20s, living in Australia, 

Alice left university to launch her own 

business. It was there she cut her teeth, 

discovering where her real skills lay. 

“I am naturally a creative and analytical 

person,” explains Alice, “and I quickly 

learnt where my strengths lie. That is 

an important lesson for any would-be 

entrepreneur.” 

After five years, she decided to 

move back to the country of her birth, 

Germany, with her husband, joining 

Delivery Hero to work in its search engine 

optimisation (SEO) team. 

“SEO allows you to keep your fingers 

in a lot of pies, working closely with the 

product and the technology behind it. 

It puts you at the heart of the business. 

And the experience of running my own 

business, matched with my creative and 

analytical nature lent itself well to the 

entrepreneurial culture at hungryhouse.” 

Within a few short years she was 

appointed hungryhouse’s Marketing 

Director, and in February 2016 its CEO. 

It is a remarkable rise. 

“As Marketing Director, my primary 

role was to address brand awareness and 

the customer journey,” says Alice. “They 

are both fundamental to the success 

of our business. And there is a natural 

connection to the operational side of the 

business.” 

Whilst there might be very few SEO 

marketers that make CEO, it was a very 

natural step for Alice and hungryhouse. 

Alice’s aim for hungryhouse is to 

continue to deliver and build value for 

its restaurant partners and diners, and to 

make it an “awesome place to work”. 

“We have a strong team and I would 

like to build upon that,” explains Alice. “I 

do not have a monopoly on good ideas, 

and I want to create opportunities for all 

our staff to shine. That will continue to 

drive growth.” 

So to what does Alice attribute her 

success? 

“Work hard and excel in the job or 

role you have,” says Alice. “All too often 

we hear of people with a five or 10-year 

plan, with each step planned to move 

them towards that goal. I believe that 

if you work hard to smash a particular 

project or role, you become valuable to 

your employer and opportunities will 

present themselves, even more so in fast 

moving technology and entrepreneurial 

businesses.” 

And that is good advice to 

entrepreneurs the world over. 

Visit hungryhouse.co.uk 

for further information 

and for supper tonight 

13

Brighton 

Business Pulse 

Brighton is celebrated around the 

world as a tourist destination with a 

thriving and exciting cultural scene. 

What is perhaps less well-known is 

its dynamic and expanding business 

community. Some 1,500 start-up 

and young digital and technology 

businesses call Brighton home, giving it 

the headlines 

80% 

of businesses in Brighton are 

predicting revenue growth of 

between 10 and 50 per cent. 

40% 

of businesses will be recruiting staff 

in 2016. Only eight per cent expect 

to decrease their headcount. 

52% 

believe that being located in 

Brighton is ‘very advantageous’ 

or ‘advantageous’ to the future 

growth of their business. 

TRAFFIC 

Brighton’s poor traffic network and 

excessive congestion is the biggest 

bugbear for businesses. 

the name ‘Silicon Beach’. 

Coffin Mew opened its office in 

Brighton in 2015 to support both 

businesses and individuals. The 

Brighton Business Pulse is in part a 

celebration of the business community 

in this wonderful city, recognition of 

what works, and what could be done 

Confidence 

Are you feeling more or less confident 

about the prospects for your business 

than you were 12 months ago? 

76% 

More 

Less 

confident 

confident 

In the next 12 months 

Brighton’s businesses 

will be: 

21% 

65% Launching a new product 

or service 

31% Recruiting 

24% Opening a new office 

20% Seeking investment 

6% Exporting 

better. It also marks our first anniversary 

as part of the local community. 

Earlier this year we asked business 

leaders for their views on the economy, 

business confidence and why they 

chose Brighton. Brighton’s future as a 

hub for dynamic, entrepreneurial and 

new businesses looks assured. 

Just under half (44%) of businesses 

surveyed intend on raising finance 

in the next 12 months. This is how. 

33% VCs or angel investment 

25% Bank loan 

20% Peer to peer 

20% Overdraft 

17% Factoring 

4% Own reserves 

4% Grants 

14

Brighton 

What are the advantages of locating 

your business in Brighton? 

53% Proximity to 

customers 

24% Good infrastructure 

network 

24% Access to skilled 

workforce 

16% Proximity to suppliers 

And the disadvantages? 

63% Poor traffic network and 

excessive congestion 

43% Expensive commercial 

rents and building costs 

20% Availability of quality 

business space 

20% Lack of local authority 

support 

13% Dwindling customer base 

13% Brain drain 

7% Lack of support from 

financial community 

16% Ease of access to 

international markets 

16% Connectivity 

10% Local authority 

support 

9% University 

partnerships 

What needs to happen to make Brighton 

more attractive for businesses? 

• “Better and cheaper transport links.” 

• “Easier parking.” 

• “More support for small businesses.” 

• “Better links with neighbouring towns.” 

• “Need to attract big businesses into the town.” 

What impact will new developments, 

such as i360, have on your business? 

72% 

None 

22% 

Positive 

5% 

Negative 

What impact will Uber have on your business? 

What needs to be done to make Brighton more 

attractive to the international business community? 

• “Offering of niche services, such as being a tech hub.” 

• “Greater involvement of Brighton’s large international 

student population.” 

• “A stronger corporate brand. It is too messy with mix of arts 

and media, and that conflicts with high profile finance.” 

• “Use its connections with the international artists and 

musicians, acting as ambassadors, to reach international 

business community.” 

• “Better road and rail infrastructure.” 

• “New offices.” 

Positive 18% 

Negative 4% 

None 78% 

15

West Pier Trust – 

150-year anniversary 

One hundred and fifty years ago, the West Pier in Brighton first opened its doors to 

Victorian sightseers. It was an instant success. Its more recent history has been a little 

more chequered and well-documented. But now, following the enormously successful 

launch of the British Airways i360, the West Pier Trust has an exciting future. 

Comment Magazine met Rachel Clark, the CEO of the West Pier Trust, and client of 

Coffin Mew, to discover more. 

Image credit: Visual Air 

Brighton’s ruined West Pier remains 

a much loved landmark. The launch 

of the British Airways i360 – a vertical 

pier – is a mark of the West Pier Trust’s 

ambition. 

“Our 150th anniversary started in 

October, and includes a series of events 

planned for the next 12 months,” says 

Rachel. “The first event, an invite only 

drinks reception sponsored by Coffin 

Mew, was hosted by architect David 

Marks, and included a special birthday 

cake from Great British Bake Off contestant 

and Brighton resident, Kate Henry.” 

A full programme of events can be 

found on the West Pier Trust website - 

www.westpier.co.uk. 

The West Pier Trust has ambitious plans 

for the short, medium and long term, 

which, says Rachel, include building a 

completely new and contemporary pier. 

“Our first priority, however, is to move 

the West Pier Trust into one of the restored 

beachfront archways,” explains Rachel. 

A new seafront base will significantly raise 

our profile, giving us the opportunity to 

open a shop and visitor centre.” 

Rachel and her team of trustees and 

members have raised just over half of 

the £25,000 needed to make the move, 

which is scheduled for the Spring of 

2017. 

“Our next project is to restore and 

replace the original octagonal West Pier 

kiosk, creating a dedicated heritage 

centre,” says Rachel. “That will take 

upwards of £1m and our hope is to have 

that completed by 2020.” 

More ambitiously, Rachel and the West 

Pier Trust would like to see the creation 

of a new, contemporary pier, and the first 

tentative steps have already been taken. 

“We conducted an extensive 

consultation with Brighton residents 

last year,” explains Rachel, “and there is 

overwhelming support.” 

“We have begun to work up a 

development brief, but we do recognise 

that this will be an expensive build with 

ongoing maintenance. I suspect that we 

are a decade or more away from seeing 

a new pier rise from the water.” 

Whilst Brighton’s West Pier is largely no 

more, its memory will continue to live on 

through the work of the Trust, and new 

and fitting monuments will emerge. 

Its future for the next 150 years is looking 

promising. 

To find out more, or to support the 

West Pier Trust visit www.westpier.co.uk 

16

Comment 

magazine meets 

Mark James 

Mark James is one of Coffin Mew’s most recent additions, joining the team 

in Brighton in April this year. He is a partner in the firm’s dispute resolution 

team, fighting his clients’ corners, and he isn’t someone you would want to 

pick a fight with, as Comment magazine discovers. 

When choosing a lawyer to fight your 

corner in a dispute you will want 

someone who is focused, who will 

persevere, with intelligence (obviously), 

quick on their feet, courteous, and a 

deep understanding of the issues at 

stake and your opponent. 

These are also the same disciplines 

needed to become twice British martial 

arts champion. Mark, from the age of 

five, has trained in the Korean martial art 

of Taekwondo and was once the best in 

the UK. It is, he says, in his blood. 

“My father is an instructor with clubs 

across the South East, as is my brother, 

and my son has just achieved his black 

belt after eight years. It has been a way of 

life for me for as long as I can remember.” 

Mark has in fact been named British 

champion twice, competed at two 

world championships, a European 

championship and even had trials to 

qualify for the Sydney Olympics in 2000. 

From this, he has an appreciation of the 

dedication required to achieve your goals 

and strive to be the best. 

He brings the same disciplined 

approach to his sport, building a career 

and specialising in dispute resolution 

and litigation. Mark is carving out a niche 

practice area in contentious construction 

law, supporting building contractors and 

developers across the South East and 

helping them to resolve disputes. He is 

one of a very small number in Brighton 

with this specialist focus. 

“Construction disputes usually 

focus around cash flow and defective 

workmanship,” Mark explains. “I am 

usually advising developers who 

consider they have reasons not to pay or 

building contractors on getting paid.” 

Disputes in the construction industry 

are guided by very specific guidelines 

and regulations designed to resolve 

disputes quickly and efficiently. An 

adjudication process can lead to a 

binding judgment within 28 days. It 

means that Mark and his team will often 

have to build a case extremely quickly. 

“Large commercial disputes may take 

many months or even years to build 

and bring to trial,” says Mark. “In the 

construction sector we often have to 

achieve the same in just a week or two if 

a dispute goes to adjudication.” 

Mark has another string to his bow, 

and in-keeping with his sporting theme. 

When not acting in a commercial, 

director/shareholder, or building 

dispute, he can be found representing 

Premiership footballers and their agents. 

“The football world is very much 

relationship driven,” explains Mark. “I have 

worked closely with football agents for 

a number of years, and have advised 

footballers at all levels on their contracts, 

image rights, press privacy issues, 

disputes etc, guiding them through 

the complex Football Association 

regulations. It is a fascinating world.” 

The behaviour of footballers has 

dominated press headlines of late, with 

England manager Sam Allardyce the 

latest having to step down following 

alleged misconduct. It does lead to 

criticism of the game, says Mark, and 

that is a shame. 

“The FA and the English game is 

in very good health financially, with 

record spending in the summer transfer 

window. Like any industry where 

individuals can earn phenomenal 

amounts there will always be one or 

two bad eggs and there will always be 

people doing stupid things they later 

regret. In most cases, footballers just 

want to keep themselves to themselves, 

play football and do the best they can for 

their families.” 


Mark James 

Partner - Dispute Resolution 

0333 000 0435 

markjames@coffinmew.co.uk 

17

Property nightmares 

- a knotty problem 

A beautiful garden can make or break the sale of your home. But some plants 

can leave home-owners with real nightmares. Genni Tipping explains what you 

should do if the dreaded Japanese Knotweed is discovered. 

Japanese Knotweed can be identified 

by its purple-flecked bamboo-like 

shoots. Whilst plants are dormant over 

the winter, spring and summer growth 

can see it reach seven feet, with each 

shoot producing branches with shovel 

shaped leaves. Large flowers will 

appear in the summer, often some six 

inches in diameter. 

This plant will grow rapidly and can 

quite easily overwhelm and suffocate 

other garden plants. Even though it does 

not produce seeds it can sprout easily 

from one small section of the plant and 

its roots. 

If Japanese Knotweed is discovered 

when considering purchasing a home, 

you will need to consider the following 

points. 

The scale of the problem 

You will need to establish the scale of the 

problem from the seller. As the shoots 

can be almost invisible during the winter 

months it can make it difficult to detect 

on your visit around the property. The 

mass of the plant is underground so even 

if a small section is identified this could 

lead to a large problem in time. 

The seller has an obligation to disclose 

the existence of the plant during the 

enquiry stage of the property transaction, 

and, indeed, there is often a specific 

question relating to this in the Property 

Information Forms that are completed in 

the majority of property sales. 

It is important to also know if the 

Japanese knotweed has encroached 

onto the neighbouring property. If it has, 

you could be facing a nuisance claim if 

the issue is not resolved. 

Whilst it is not illegal to have this plant 

in your garden, legislation is in place to 

enforce its control, and that can be costly 

and time-consuming. 

If the plant is identified it is well worth 

taking professional advice on the scale of 

the problem, rather than relying on the 

seller to merely sort it out. 

Will it affect my mortgage? 

The appearance of Japanese Knotweed 

can cause difficulties in securing suitable 

lending. Some lenders will refuse to 

lend outright, whilst others will consider 

lending if they can see that the plant 

is being eradicated by a professional 

firm that can provide a guarantee 

18

which is backed by insurance and/or 

a management plan. A copy of this 

guarantee and/or plan will need to be 

sent to the lender during the course 

of the transaction for their formal 

confirmation that they are happy to 

proceed with their lending decision. 

Structural damage 

If growing near the property, it can easily 

cause damage to the structural integrity 

through damage to the external walls or 

the foundations - the plant can grow very 

deep underground and can easily disrupt 

concrete and tarmac. This again could 

be costly and time consuming if work is 

needed to repair damage to a building, 

making it also difficult to obtain lending 

or sell the property in the future. 

What do I need to do if I am selling 

a property? 

The most important point to note is 

that you should not hide the existence 

of Japanese Knotweed. Concealment 

of its existence could be classified as 

misleading the buyer, who could then 

bring a claim against you. 

You will want to consider the removal 

or control of the plant and there are a 

number of ways in which you can do this: 

Weed killers – there are a few types of 

weed killer that are effective, although 

they will usually require multiple 

applications. You will need to ensure that 

you read the labels before applying to 

ensure it is effective against this particular 

plant (those with Glyphosate are the 

most effective). 

Digging out – you could try to dig out 

the plant, however the roots penetrate 

deeply into the ground which can make 

it difficult to ensure that all have been 

removed. The plant can easily grow back 

from the smallest fragments. You can 

only dispose of the dug out plant at a 

licenced landfill site or by destroying the 

plant by burning. 

Professionals – there are a number of 

companies who will assist in the removal 

and can provide insurance backed 

guarantees. This can be a particularly 

useful route if selling your property. 

Whilst the first two options might 

be cheaper, Japanese Knotweed is 

notoriously difficult to completely 

eradicate and could lead to further 

cost if the problem persists. Using a 

professional removal company is often 

the most advantageous as a guarantee 

and or/management plan can be 

provided to a potential buyer making it 

easier for them to secure lending against 

the property. 

You may also want to ensure that 

no structural damage has occurred by 

arranging for a surveyor to come and 

assess the property so that you are 

aware of any potential issues that could 

arise during the course of the property 

transaction or that could affect the value 

of the property. 

The Royal Horticultural Society has very 

helpful further reading on Japanese 

Knotweed and other invasive plants. 

Visit www.rhs.org.uk 

Further reading 

coffinmew.co.uk/residential-property 


Genni Tipping 

Solicitor – Residential Property 

023 9236 6047 

gennitipping@coffinmew.co.uk 

19

The end of 

‘meal ticket 

for life’divorces 

There has been an interesting trend in divorce cases 

over the last couple of years where judges have 

started to look a lot more closely about whether 

maintenance should be awarded to spouses on 

divorce on a long term basis. Sally Pike explains why. 

The courts have always been 

reluctant to ‘clean break’ a case and 

dismiss a spouse’s claim for ongoing 

maintenance when there are 

dependent children. This is because 

the primary carer, usually the wife, has 

been able to argue that she is unable 

to work or increase her income as this 

conflicts with her role in looking after 

the children. So divorce courts have 

been quite generous in awarding 

substantial maintenance awards, 

payable usually by the husband to the 

wife to meet living expenses and often 

on life basis. 

Husbands often cry foul play, arguing 

their wife could work part time or return 

to work, feeling hard done by that they 

are supporting their wives at home whilst 

they are working full time to meet their 

financial commitments. Shared care 

arrangements for children are now a 

lot more common, with dads playing a 

much more hands-on role in child care, 

and this adds to the feeling of unfairness. 

A light was thrown on this area with 

the case of Wright v Wright, where Mrs 

Wright had a maintenance order for 

life following her divorce. Mr Wright 

applied to the court to vary downwards 

the maintenance because his financial 

circumstances had changed and he was 

concerned that the payments would be 

unaffordable after his retirement. 

The judge ordered that the 

maintenance should cease after a tailing 

off period. It was the court’s comments 

on this that made divorce lawyers take 

note. The court took the view that once 

children were in Year 2 at school “most 

mothers can consider part-time work 

consistent with their obligation to their 

children”. There was an expectation that 

Mrs Wright could get a part-time job 

and develop her earning capacity, and 

so maintenance payments from the 

husband to her would cease 

within a few years. 

In fact, the law has always emphasised 

that the courts must look at bringing 

a married couple’s financial claims 

against each other to an end as soon as 

possible. This is known as clean break. 

It’s not always possible to achieve this, 

particularly when there is significant 

immediate imbalance in each spouse’s 

income and earning capacity, and where 

there are mortgages and outgoings to be 

met for housing needs. 

However, there is now a sense that the 

idea of spousal maintenance being 

a ‘meal ticket for life’ has ended and that 

judges will scrutinise in much more detail 

the wife’s ability to return or commence 

work once the children are at a certain 

school age. Spousal maintenance 

payments are likely to terminate at a 

much earlier stage to achieve that clean 

break. 

20

Generation 

of silver 

divorce 

The divorce rates among the over 50s has increased. 

Sally Pike explains why. 

According to the ONS the number 

of divorces continues to fall; in 2013 

there was a decline of 2.9% overall. 

There is, however, one generation 

bucking that trend – the over 50s. 

The divorce rate for over 50s has, 

surprisingly, increased significantly 

with over 60,000 divorcing in 2013. 

This trend is replicated worldwide, 

with the over 50s now twice as likely to 

divorce today compared to the 1990s. 

What is the cause of this dramatic 

increase? Women, who are more likely to 

petition for divorce than a man, no longer 

face a social stigma of divorce, they have 

greater financial independence and the 

fact children will no longer be dependent 

are contributing factors. Since December 

2000, the introduction of pension sharing 

has given divorcing spouses even 

greater ability to share assets and achieve 

financial independence. 

Divorcing couples amongst the over 

50s fall into two distinct categories. 

The first are those who have enjoyed, 

or endured, long traditional marriages 

where the husband has, usually, been 

the breadwinner and the wife the 

homemaker. The second category is 

those on a second marriage having 

previously been divorced or widowed. 

For the traditional couples, the court has 

been quite clear that the contributions of 

a homemaking wife are equal to those of 

the breadwinning husband, and generally, 

in the absence of special factors, there 

will be no reason to depart from an equal 

sharing of the assets. 

In relation to the second category, all 

sorts of complex arguments may exist 

when considering how to share the 

party’s assets. Some couples will have 

entered into a pre nuptial agreement 

and the court will have to consider 

how much weight to place on that 

agreement. It may be necessary for 

the court to identify separate and 

matrimonial property, and to decide 

whether a sharing of the matrimonial 

property is sufficient to meet needs and, 

if not, to what extent separate property 

should be included. The couple may also 

have children from previous relationships 

and be keen to protect assets they 

brought into the marriage for the benefit 

of their children on death. 

Careful consideration will need to be 

given in any silver divorce as to pension 

needs, tax implications and inheritance 

tax planning; expert legal and financial 

advice will be essential. 


Sally Pike 

Partner – Family 

023 9236 4955 

sallypike@coffinmew.co.uk 

21

A digital legacy 

Billions of people around the world use the web every day. It has made our 

lives more connected and often easier. Whether ordering the weekly shop, 

a new outfit, updating our social media profiles, or simply downloading music, 

a book or a film, we leave a clear digital footprint. 

But what happens to that footprint and the digital assets we own when we die? 

Sally Pike, Head of Family Law, Disputed Wills & Inheritance explains. 

Our digital lives fall broadly into 

three categories. Firstly, there is 

our personal material; this may 

include, for example, social media 

accounts, photographs and video, 

and blogs. Whilst these may have 

sentimental value, they tend to have 

little financial value. The second is 

financial information – not assets in 

themselves, but information that may 

lead us to our online banking, PayPal 

or eBay and shopping accounts. The 

final category is our digital assets – 

books, online games, films and music 

downloads. 

All three areas can leave significant 

challenges to family and the executors of 

a Will should you die. 

Many people would be forgiven for 

wondering where the problem lies. The 

law surrounding inheritance both where 

a Will exists and where one is absent is 

clear and established. Executors and 

next of kin, usually with help from their 

solicitor, will gather the assets of the 

deceased, settle any liabilities, pay any 

inheritance tax where due, and then 

distribute the assets. Why should digital 

assets be any different? 

There are three problems: access, 

location and valuation. 

A significant problem lies in that most 

internet or digital service providers regard 

their offer as a lifetime service, meaning 

you don’t actually own those assets. 

Instead, when you download a book from 

Amazon or a film from Apple, you are 

buying a license to use those assets for the 

rest of your life with that license expiring 

with you. It is a common contractual 

term that when an account becomes 

permanently inactive it is deleted. 

This often surprises individuals who 

mistakenly believe they own that film 

or book, much in the same way they 

would if they were to buy a physical 

copy. The terms and conditions – which 

all too often are skipped to the click ‘I 

agree’ – will set out clearly what happens 

to purchases when a subscriber passes 

away. 

Where assets, or information that will 

lead to those assets does not exist, it can 

be very difficult for executors or next 

of kin to physically locate them, and if 

they do, to actually access them. This 

can be particularly distressing to family 

and friends if treasured photographs, for 

example, face being lost permanently. 

In 2014, the Law Society began 

to encourage people to leave clear 

instructions on what digital assets 

and services they use and what they 

would like to happen to them. This is 

particularly important if an individual 

is holding cash online –commonly on 

shopping sites. 

Whilst it is sensible to include 

usernames and passwords with this 

information, be sure to leave them only 

with trusted individuals, for example, your 

solicitor or executor. It is also worth noting 

that following recent significant cyber 

attacks, users are now encouraged to 

regularly change passwords, making it yet 

again harder to access information. 

Like Facebook, Instagram can 

‘memorialise’ an account when a user 

dies. The account will remain open, 

with friends and family able to share 

pictures and video. Memorialised 

accounts do not appear, however, 

in searches or in public spaces on 

the platform. 

22

What happens to social 

media accounts when 

you die? 

The death of any family member 

or friend is a difficult and 

emotional time. Yet, thanks to 

social media, loved ones can 

continue to live on in cyber space. 

Family members often believe 

that they will be able to access 

the accounts of family members, 

but privacy laws in the UK will 

restrict access. So what can family 

members do with some of the more 

popular social media channels? 

Twitter 

Twitter allows only those authorised 

to act on the estate of the deceased 

individual or a verified family 

member to have an account 

deactivated. Individuals can 

request that certain images or video 

be removed, but Twitter will make 

the final decision depending on 

public interest criteria. 

Facebook 

Facebook allows its users to 

choose whether they want to 

permanently ‘memorialise’ or delete 

their account when they die. This 

will allow friends and family to 

post comments, reflections and 

memories. Facebook also allows 

individuals to appoint a ‘legacy 

contact’ that allows certain editing 

rights on the account, including 

posting one final farewell message. 

Instagram 

Like Facebook, Instagram can 

‘memorialise’ an account when a 

user dies. The account will remain 

open, with friends and family 

able to share pictures and video. 

Memorialised accounts do not 

appear, however, in searches or in 

public spaces on the platform. 

Email 

Email content will vary from 

platform to platform. Gmail, 

for example, allows authorised 

individuals to access the content, 

as does Yahoo. Apple, on the other 

hand, will allow an account to be 

closed and all content deleted, but 

will not allow content to be shared. 


Sally Pike 

Head of Family Law, Disputed Wills 

& Inheritance 

023 9236 4955 

sallypike@coffinmew.co.uk 

23

Buying 

social influence 

Zoella, Alfie Dayes, AmazingPhil and Joe Wicks may not 

mean much to people over the age of 25, but social media 

has created a new wave of stars with a very real influence 

over the buying behaviours of millions of teenagers and 

twenty-somethings. 

These video bloggers, or vloggers, 

increasingly work with the owners and 

marketing teams behind brands who 

are looking for new and innovative ways 

to reach potential buyers. Editorialstyled 

video or tweets often hide a 

commercial relationship – after all, the 

most successful marketing barely feels 

like marketing at all. 

Guidance has recently been issued 

by the Advertising Standards Authority 

(ASA) reminding brands of their legal and 

regulatory obligations when working 

with vloggers. 

The guidance, together with existing 

consumer legislation, requires brands to 

clearly distinguish between advertising or 

advertorials, and genuine and impartial 

reporting. The boundary on social media 

is all too often blurred. 

Where products are provided to 

vloggers unconditionally, there is unlikely 

to be a problem – the recipient is free to 

give a bad review or even no review at all. 

However, if the vlogger is receiving any 

kind of payment, including free gifts, and 

doesn’t declare this, the brand risks falling 

foul of the regulations. 

Coffin Mew has prepared a simple 

checklist for brands working with social 

media influencers: 

• When paying a vlogger for coverage, 

or providing or approving content, the 

content must be clearly marked on 

screen as with an ‘ad’, ‘ad feature’ 

or ‘advertorial’. 

• If, within an independent vlog, a 

product is reviewed or recommended 

following a commercial agreement – 

in other words, product placement 

– that too must be clearly 

acknowledged. Again, the guidance 

recommends wording like ‘ad’ or ‘ad 

feature’, or having the vlogger explain 

they’ve been paid to talk about the 

product. 

• Care needs to be given if a vlogger 

sends the agency or brand owner 

a copy of the video footage before 

broadcast, perhaps out of courtesy 

following payment or a gift of the 

products being reviewed. This may 

imply that the brand has editorial 

influence which would need to be 

labelled as such. Likewise, if an 

over-zealous marketing executive 

suggests changes, it starts to look like 

disguised editorial control and, again, 

that would need to be labelled. 

It is absolutely fine to sponsor a vlogger 

to create a video, or submit products 

for review, and it need not be labelled 

as an advertorial provided that vlogger 

has complete control over his or her 

comments. 

The benefits to a brand of a positive, 

genuinely independent, review can be 

enormous. And if the review is negative, 

that might suggest the brand hasn’t 

targeted its audience quite as well as its 

marketing team thought. 


Mark O’Halloran 

Partner 

023 9236 4959 

markohalloran@coffinmew.co.uk 

24

Rates 

revaluation 

– what will it mean for your business? 

It has been seven years since all non-domestic rates in England and 

Wales were revalued. And whilst much has changed on the High Street, 

the revaluation will give some businesses in prime locations in London 

and the South East a major financial headache. 

Business rates, based on the value of 

commercial property and its rentable 

value, are typically reassessed every 

five years. The Government, following 

the 2008 crash, decided to delay by 

two years its revaluation to avoid “sharp 

changes” to business rate bills. Many 

will say it has failed to achieve this. 

The revaluation is based on rental 

levels at 1 April 2015 and will apply 

to all non-domestic rates from 1 April 

2017, setting business rates for the next 

five years. Colliers International, a real 

estate consulting firm, having examined 

how the new valuations might affect 

businesses, predict significant increases 

to rates in London of between 100% and 

415%. 

Outside of London, Brighton businesses 

are likely to see an increase of 18%, a 

14% increase in Farnham and 33% in 

Winchester. Businesses in Worthing, 

however, can expect to see their rates 

decrease by 32%, by 28% in Fareham and 

by 9% in Fleet. 

Business rates, after wages and rent, are 

the third largest overhead for businesses. 

The changes could turn viable businesses 

into unviable ones and vice versa, or force 

businesses to relocate. 

There is, however, some relief for 

businesses. Those businesses that will 

see significant increases will have them 

introduced in stages over the next five 

years, and those businesses in property 

with a rateable value under £12,000 

do not need to pay at all. Businesses in 

property with a rateable value between 

£12,000 and £15,000 will receive some 

tapered relief, with charities and sports 

clubs able to get up to 80% rate relief. 

Businesses that believe the rateable 

value of their property to be incorrect 

can challenge their assessment, and 

many thousands do - more than 850,000 

businesses challenged the 2010 rateable 

values. The Government, however, 

believes that some 70% of challenges 

made were frivolous and without merit 

and resulted in no change to values. 

Sitting alongside the revaluation is a 

new appeal process – Check. Challenge. 

Appeal. It is a linear process, with one 

stage having to be completed before 

being able to move on to the next. It is 

designed to remove early on any frivolous 

challenges. The ‘Check’ stage seeks to 

clarify detail about the property, with the 

‘Challenge’ stage asking ratepayers to set 

out the grounds for challenge, providing 

supporting evidence and an alternative 

valuation. If still unsatisfied, ratepayers 

can ‘Appeal’. 

The Check. Challenge. Appeal process 

is not quick, taking upwards of three 

years. The Appeal process has also been 

criticised for not allowing ratepayers to 

bring in expert witnesses to support their 

appeal, with the appeal decision based 

on information already provided. Further 

criticism will no doubt follow once the 

new process is up and running. 

Coffin Mew’s Commercial Property 

team recognises that many of its 

clients are likely to be hit hard in areas 

where property prices have increased 

significantly. Whilst the firm is not able to 

lead clients through the Check. Challenge. 

Appeal process, it does work closely with 

rating surveyors who can help. 

Another answer for businesses wishing 

to mitigate the impact of higher rates 

might be to re-gear their lease by 

negotiating with their landlord for a rent 

reduction, a rent free period or some 

other payment break. This option is likely 

to be available to a small percentage of 

tenants, where, for example, the tenant 

has an upcoming break clause and where 

the landlord would not want to lose the 

occupier. 


Nick Leavey 

Partner - Head of Commercial Property 

023 9236 6015 

nickleavey@coffinmew.co.uk 

25

Managing personal 

affairs in old age 

What happens to your affairs when you can no 

longer can make decisions on your own? 

Would you be happy with a total stranger controlling your finances? 

That is what could happen in the event you are not prepared, 

warns Roz Wyeth. 

There are, according to the Alzheimer’s 

Society, some 850,000 people in the 

UK who today suffer from dementia. 

That number is expected to increase 

to nearly 1.5 million over the next nine 

years, and hit over two million by 2051. 

It is a sad fact of life that many of us will 

lose mental capacity as we grow older. 

For many, dementia can creep up 

unnoticed, and once the disease has 

taken hold it is too late to put provisions 

for the management of your personal 

and financial affairs in place. It is, 

therefore, vital to be proactive when 

considering who you would trust to deal 

with your affairs in the event that you no 

longer can. 

Making a Lasting Power of Attorney 

allows you to choose who you would 

like to manage your affairs in the future. 

If you do not have such arrangements 

in place and you were to lose the ability 

to manage your affairs, the only option 

is for an application to be made to the 

Court of Protection for a Deputyship 

Order. This can be expensive and 

carries an ongoing requirement for 

annual reporting and payment of the 

associated court fees for the privilege. 

In addition, the Court may not approve 

an application by, say, a family member, 

deeming it more appropriate for the local 

council to be appointed as your deputy. 

This is particularly likely if they have any 

doubts about the suitability of the person 

making the application or where there is 

sibling rivalry or a family dispute. 

If you suddenly find you need 

assistance and have not made a Lasting 

Power of Attorney, this can cause a great 

deal of stress and worry for friends and 

families who are left in the unhappy 

position of financing your care and 

paying your bills from their own funds 

until an order is put in place to allow 

access to your own. 

Making a Lasting Power of Attorney 

now does not preclude you from dealing 

with your own affairs. A Lasting Power 

of Attorney can be used as soon as it is 

registered by the Court, or its use can be 

limited to a time when you no longer feel 

that you can manage your own affairs 

– for example, if you become physically 

unwell and need assistance or simply 

get to the stage where you would rather 

someone else dealt with the hassle of 

finances. 

It is also possible to restrict its use 

further, by simply holding on to the 

documents, or asking your law firm to 

look after them. Coffin Mew can, for 

example, store the registered document 

safely and only release appropriate copies 

of it on receipt of express instructions from 

you or, alternatively, written proof of your 

mental incapacity from a qualified doctor. 

Unless you expressly give your 

authority in advance, your attorneys do 

not have any right to view your Will and 

will never have any right to amend your 

Will. The two documents are entirely 

separate. Lasting Powers deal with 

your affairs during your lifetime and 

on your death the power you gave 

to your attorneys dies with you, 

and your Will and your appointed 

executors take over. 

26

Types of 

Lasting Power 

There are two types of Lasting 

Power – one that addresses 

your property and financial 

affairs and a second that relates 

to your health and welfare. 

Property and financial affairs 

This is used to make 

decisions concerning: 

• Buying and selling property 

• Paying a mortgage 

• Investing money 

• Paying bills 

• Arranging repairs to property 

Health and welfare 

This can be used to make 

decisions concerning: 

• Where you should live 

• Your medical care 

• What you should eat 

• Who you should have 

contact with 

• What kind of social activities 

you should take part in 


Roz Wyeth 

Associate (FCILEx) 

Wills, Trusts and Probate 

023 9236 4322 

rozwyeth@coffinmew.co.uk 

27

@coffin_mew 

Working for you 

www.coffinmew.co.uk 

Offices in: 

Southampton | Portsmouth | London | Gosport | Brighton

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