Listen Without Prejudice | A Podcast from Bishop & Sewell

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Listen Without Prejudice brings you behind the scenes at Bishop & Sewell, one of London’s most forward-thinking law firms, and offers an insider’s perspective on the legal issues of the day.  Meet solicitors from across the firm as they take us through issues they’re dealing with in practice, current trends and legal updates, and provide insights on a range of subjects - from real estate and business law to family and private client matters.  Each episode offers valuable takeaways, featuring expert insights, real-world relevance, and valuable tips to apply to your private and business life.  For a smart, insider’s perspective, subscribe to Listen Without Prejudice, brought to you by Bishop & Sewell. Learn more at bishopandsewell.co.uk

  1. Lifetime Gifting Explained: Allowances, Reliefs, and Getting the Balance Right

    2D AGO

    Lifetime Gifting Explained: Allowances, Reliefs, and Getting the Balance Right

    In this episode of Listen Without Prejudice, Nicholas Barlow, Head of the Private Client team at Bishop & Sewell, is joined by Luke Jenkins, Associate in the team, to explore the fundamentals of lifetime gifting and the key inheritance tax allowances and reliefs available to individuals and families. The conversation provides a practical refresher on commonly used exemptions, from the annual £3,000 allowance and small gifts exemption, to marriage gifts and the often-overlooked surplus income exemption. Luke explains how surplus income gifting works in practice, why it must come from income rather than capital, and why consistency and documentation are critical if gifts are to be effective for inheritance tax purposes. Nicholas and Luke also discuss larger capital gifts, the seven-year rule, and how taper relief can reduce inheritance tax exposure even if the donor does not survive the full seven years. They consider the benefits of gifting appreciating assets during lifetime, as well as the potential capital gains tax implications that need to be factored in. Whether you are considering making lifetime gifts, advising family members, or planning your estate more broadly, this episode offers clear, practical guidance on how to use available allowances sensibly and responsibly. If you enjoyed this episode, don’t forget to follow Listen Without Prejudice on your favourite podcast platform and leave us a rating or review, it helps others discover the show and supports our work bringing you more expert insights from Bishop & Sewell. Chapter Markers (01:00) – The annual £3,000 exemption and small gifts allowance (05:00) – Capital gifts, the seven-year rule, and taper relief (07:30) – Why tax planning must be holistic (09:20) – Record keeping and the role of Zenplans (11:30) – Final thoughts: planning ahead and working with advisers Useful Links Connect with Nicholas Barlow on LinkedIn Reach out to Luke Jenkins on LinkedIn Visit the Bishop & Sewell Website

    12 min
  2. Ground Rents Explained: The Draft Leasehold Reform Bill and What It Means for Leaseholders and Freeholders

    FEB 3

    Ground Rents Explained: The Draft Leasehold Reform Bill and What It Means for Leaseholders and Freeholders

    In this episode of Listen Without Prejudice, Mark Chick, Partner at Bishop & Sewell, is joined by Chris Macartney, Partner in the Landlord and Tenant team, to break down one of the most talked-about property announcements of recent months: the government’s draft Commonhold and Leasehold Reform Bill and its proposals to cap and ultimately extinguish ground rents. The draft legislation proposes a cap of £250 per year on existing ground rents, with a further provision that ground rents will be reduced to a peppercorn after 40 years. While the proposals are not expected to become law until 2028 at the earliest, they already raise significant questions for leaseholders, freeholders, investors, and valuers. Mark and Chris explore how these changes could affect the value of long leases, the future of ground rent portfolios, and whether the reforms could face human rights challenges, similar to those currently surrounding the Leasehold and Freehold Reform Act 2024. They also discuss why the government has opted for a cap rather than a complete abolition of ground rents, and how the proposed reforms attempt to strike a balance between protecting leaseholders and avoiding large-scale compensation claims. Crucially, the episode addresses the practical question many listeners are asking right now: should you act now if you’re considering a lease extension or buying your freehold, or wait? With uncertainty likely to persist for several years, this conversation offers timely guidance for navigating decisions in a shifting legal landscape. Chapter Markers (01:40) – The £250 ground rent cap and the 40-year “switch-off” (05:30) – Why the government chose a cap instead of abolition (09:30) – What this means for lease extensions and enfranchisement today (13:00) – Final thoughts: uncertainty, opportunity, and “watch this space” Useful Links Connect with Mark Chick on LinkedIn Reach out to Chris Macartney on LinkedIn Visit the Bishop & Sewell Website

    15 min
  3. Being an Executor: Responsibilities, Risks, and How to Get It Right

    JAN 14

    Being an Executor: Responsibilities, Risks, and How to Get It Right

    In this episode of Listen Without Prejudice, Nicholas Barlow, Head of the Private Client team at Bishop & Sewell, is joined by Ben Williamson, Senior Associate, to unpack one of the most important and often underestimated legal roles: being an executor. Acting as an executor can be an onerous responsibility, particularly when it begins at a time of grief. Nicholas and Ben guide listeners through the executor’s journey from the date of death through to the final distribution of the estate, highlighting where risks commonly arise and how professional support can help avoid costly mistakes. The discussion covers the practical realities executors face, including organising funerals, securing and insuring property, locating and valuing assets, reporting to HMRC, applying for probate, and managing tax liabilities. Ben also explains why executors can become personally liable if taxes are underpaid or assets are distributed too early and why careful record-keeping and due diligence are essential. Whether you’ve been named as an executor, are considering appointing one, or simply want to understand how estate administration works in practice, this episode provides clear, practical guidance and expert insight into a role that carries real legal and financial responsibility. Chapter Markers: (01:00) – When the executor’s role begins, often without warning (04:45) – Protecting property: insurance, vacancy, and risk management (08:30) – Locating assets and avoiding underreporting to HMRC (14:30) – Valuations: property, chattels, and Red Book reports (17:30) – Can you refuse to be an executor? Renunciation and intermeddling (22:00) – The “executor’s year” and beneficiary expectations (23:00) – Finalising the estate and what happens if assets appear later Useful Links: Connect with Nicholas Barlow on LinkedIn Reach out to Ben Williamson on LinkedIn Visit the Bishop & Sewell Website

    27 min
  4. Navigating Leasehold Issues: From Management Packs to Tribunals

    12/10/2025

    Navigating Leasehold Issues: From Management Packs to Tribunals

    In this episode of Listen Without Prejudice, Karen Bright (Head of Litigation) is joined by Farzana Rahman (Associate Solicitor, Residential Property) for a practical discussion on some of the most common, and costly, issues that affect leaseholders, landlords, and buyers of leasehold property. From management packs and managing agents to service charge disputes, cladding, lease variations, and property fraud, Karen and Farzana share real-world insight from both the contentious and transactional sides of the table. Together they explore how leaseholders can protect their interests, what to watch out for during a purchase, and why due diligence is key before you sign on the dotted line. Whether you’re a first-time buyer, a landlord, or an experienced property professional, this episode offers valuable takeaways on navigating the complexities of leasehold ownership and avoiding the legal and financial pitfalls that can follow. Chapter Markers: (03:00) – Costs, delays & why missing packs can derail a sale (05:40) – Outdated lease clauses & varying leases through the Tribunal (07:00) – What happens when service charges aren’t paid? (08:00) – The First-tier Tribunal’s role in service charge disputes (09:15) – Property fraud: how to protect your home and title (10:45) – Selling with a tenant in situ & the challenges of vacant possession (12:00) – Karen’s advice for anyone buying a leasehold property (15:00) – Can you claim common parts as your own? Demise vs. trespass Useful Links: Connect with Karen Bright on LinkedIn Reach out to Farzana Rahman on LinkedIn Visit the Bishop & Sewell Website

    18 min
  5. Can You Gift Your Family Home and Save Inheritance Tax?

    11/26/2025

    Can You Gift Your Family Home and Save Inheritance Tax?

    In this episode of Listen Without Prejudice, Nicholas Barlow, Head of Private Client at Bishop and Sewell, and Luke Jenkins tackle one of the most common questions in inheritance tax planning: can you give your home away to your children whilst still living in it? The conversation reveals why this seemingly simple solution rarely works as intended. The hosts explain the concept of "gift with reservation of benefit," legislation from 1986 that prevents people from sidestepping inheritance tax by transferring property deeds whilst continuing to live there rent-free. Despite no longer owning the property, the value remains frozen in your estate on death, potentially creating nasty surprises for executors and even forcing children to sell the home to pay unexpected tax bills. However, Nicholas and Luke explore several legitimate strategies that can work when properly implemented. These include paying full market rent to your children throughout your lifetime with professional valuations reviewed annually, genuine co-occupation arrangements where children move in to provide care, downsizing and gifting the surplus cash, and gifting a small share of the property to secure co-ownership discounts of 10 to 15 per cent. The hosts highlight important risks including that rental payments must continue for your entire lifetime, children receiving rent must pay income tax, care authorities may view transfers as deliberate asset deprivation, and new owners face potential complications from divorce or financial difficulties. Proper documentation including tenancy agreements, declarations of trust, and updated insurance becomes essential. Throughout the discussion, Nicholas and Luke emphasise that whilst inheritance tax planning through property gifting is possible, it requires professional advice to navigate successfully. This episode is essential listening for homeowners considering inheritance tax planning.  For tailored advice, Bishop and Sewell's Private Client team is available at bishopandsewell.co.uk or via LinkedIn. Chapter Markers: (00:00) - Introduction and Overview of the Podcast (00:42) - Meet the Experts: Nicholas Baller and Luke Jenkins (00:58) - Gifting the Family Home: The Classic Question and Disappointing Answer (01:18) - Tax Implications: Understanding Gift with Reservation of Benefit (02:58) - Rental Agreements: Paying Market Rent and Keeping Proper Records (04:04) - Care Costs and Deliberate Deprivation of Assets Concerns (04:36) - Successful Case Studies: When Rental Arrangements Work Well (08:47) - Inheritance Tax Allowances, Co-Ownership Discounts and Alternative Strategies (11:07) - Summary: When Gifting Works and the Risks to Consider (11:46) - Closing Remarks and How to Get in Touch Useful Links Connect with Nicholas Barlow on LinkedIn Reach out to Luke Jenkins on LinkedIn Visit the Bishop & Sewell Website

    13 min
  6. The Pennycook Statement Nov 2024: One Year On

    11/12/2025

    The Pennycook Statement Nov 2024: One Year On

    In this episode of Listen Without Prejudice, Chris Macartney (Partner, Landlord & Tenant) sits down with Mark Chick (Partner, Head of Landlord & Tenant) to review progress one year on from the Leasehold and Freehold Reform Act 2024 (LAFRA) and assess whether the government is keeping its promises. Following Matthew Pennycook’s November 2024 ministerial statement, eight major consultations were promised to drive reform in the leasehold sector. Chris and Mark revisit those commitments, from right to manage and building insurance commissions to service charges, enfranchisement rates, and commonhold. As they tick through the list, the conversation reveals where genuine progress has been made and where reform has stalled. With the Arctime Freeholders v Secretary of State case now decided by the High Court, they also discuss what the ruling could mean for the next phase of implementation and what leaseholders and freeholders should be doing now. This is an essential listen for property professionals, landlords, managing agents, and anyone navigating the evolving leasehold landscape. Chapter Markers: (00:00) – Introduction: Setting the scene for the review and the recent High Court decision in Arctime Freeholders v Secretary of State (01:00) – Revisiting Matthew Pennycook’s 2024 statement and the eight promised consultations (04:00) – Service Charges and Legal Costs: the ongoing consultation and why landlords’ automatic cost recovery is changing (05:00) – Enfranchisement Reform: capitalisation and deferment rates; the missing consultation and the judicial review delay (07:00) – Consumer Protection and Estate Management Charges: integrating rent charges into the service charge framework (11:00) – Regulation of Managing Agents: calls for greater oversight following poor management practices (15:00) – The High Court’s Human Rights Ruling: implications for LAFRA’s implementation and what comes next Useful Links: Connect with Chris Macartney on LinkedIn Reach out to Mark Chick on LinkedIn Visit the Bishop & Sewell Website

    17 min
  7. Football Governance Act 2025: What the New Regulator Means for English Clubs

    10/29/2025

    Football Governance Act 2025: What the New Regulator Means for English Clubs

    In this episode of Listen Without Prejudice, Andrew Kavanagh (Partner, Corporate & Commercial) and Charles Wilson (Solicitor, Corporate & Commercial) break down the Football Governance Act 2025, now law, and what the creation of an Independent Football Regulator could mean for club licensing, finances, sponsorships, and timelines.  They explore fresh findings from the Fair Game Index on how many clubs are “regulator ready,” why cash buffers and governance standards matter, where the guidance still feels thin, and the likely push-and-pull between compliance and commercial reality. Whether you’re a lifelong football fan, club executive, or simply curious about how the beautiful game is run off the pitch, this episode delivers expert insight, grounded analysis, and a clear look at how the new regulator will shape the future of English football. If you enjoyed this episode, don’t forget to follow Listen Without Prejudice on your favourite podcast platform and leave us a rating or review, it helps others discover the show and supports our work bringing you more expert insights from Bishop & Sewell. Chapter Markers: (01:00) – Setting the scene: from Bill to Act and the IFR’s brief (04:30) – Cash buffers & risk: why nearly half the pyramid is vulnerable (08:10) – Who helps clubs get “match fit”? Governance pros and the cottage industry to come (09:05) – Lessons from 2008: why buffers and prudence may be inevitable (10:20) – Timelines & next steps: expect years, not months; watch this space Useful Links: Connect with Charles Wilson on LinkedIn Reach out to Andrew Kavanagh on LinkedIn Visit the Bishop & Sewell Website

    12 min
  8. Stamp Duty Unpacked: Scandals, Loopholes, and the Future of Property Tax

    10/10/2025

    Stamp Duty Unpacked: Scandals, Loopholes, and the Future of Property Tax

    In this episode of Listen Without Prejudice, Charlie Davidson, Senior Associate at Bishop & Sewell, is joined by Sean Randall, widely recognised as one of the UK’s leading experts on Stamp Duty Land Tax (SDLT). Together, they delve into one of the most talked-about and often misunderstood areas of property law and taxation. The conversation begins with the Angela Rayner stamp duty controversy, exploring how a complex trust arrangement led to unexpected tax consequences and what it reveals about the intricacies of SDLT. From there, Sean and Charlie unpack the increasing complexity of stamp duty, the rise of stamp duty reclaim agents, and the grey areas around chattels and uninhabitable property claims. They also discuss ongoing calls for stamp duty reform, including proposals to replace it with a property ownership tax or merge it with council tax and assess the potential political and economic fallout of such changes. The episode concludes with a look at the Nigel Farage property story, illustrating how public scrutiny intersects with private ownership and tax law. Whether you’re a property professional, investor, or simply curious about one of the UK’s most contentious taxes, this episode offers expert clarity, practical advice, and a candid glimpse into the evolving world of property taxation. Chapter Markers: (01:15) – The Angela Rayner controversy explained (04:00) – Why stamp duty has become so complicated (09:00) – Stamp duty reclaim agents: risk or reward? (19:45) – Should we abolish stamp duty altogether? (22:00) – Proposals for reform: council tax integration and annual property taxes (27:15) – The politics of stamp duty: lessons from history (32:45) – Sean’s golden rule: trust your conveyancer Useful Links: Connect with Sean Randall on LinkedIn or via email: sean@seanrandalltax.com Reach out to Charlie Davidson on LinkedIn Visit the Bishop & Sewell Website

    34 min
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Listen Without Prejudice brings you behind the scenes at Bishop & Sewell, one of London’s most forward-thinking law firms, and offers an insider’s perspective on the legal issues of the day.  Meet solicitors from across the firm as they take us through issues they’re dealing with in practice, current trends and legal updates, and provide insights on a range of subjects - from real estate and business law to family and private client matters.  Each episode offers valuable takeaways, featuring expert insights, real-world relevance, and valuable tips to apply to your private and business life.  For a smart, insider’s perspective, subscribe to Listen Without Prejudice, brought to you by Bishop & Sewell. Learn more at bishopandsewell.co.uk

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