Wrigley Claydon Solicitors

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  • Will and Estate Dispute advice

    Over the last few years disputes about Wills have become increasingly common. The latest high profile dispute concerns the Estate of the late Robin Williams, the Hollywood acting legend, where his widow is contesting the Will against the actor’s children.

    Will disputes can be very complex and require expert legal guidance to resolve matters as fairly as possible.

    At Wrigley Claydon, we fight on your behalf to make this difficult time a little easier, whether you are bringing a claim or you are on the receiving end. We are experts in this field and have won complex cases for our clients.

    As it is an emotional time we deal with our cases sensitively ensuring that all of our clients are happy with each stage of the process and the outcome of proceedings.

    For example we have recently defended a client in a difficult Will and Estate disputes case, where the deceased person’s relative was claiming £250,000 from our client’s estate. We successfully defended the case through the courts which meant that the estate was preserved and the £250,000 together with the rest of the estate passed to the people named in our clients Will.

    If you are looking for Will and Estate dispute advice do not hesitate to contact us. Call 0161 624 6811 to speak to one of our specialists or for more information on the services we offer visit our Wills and Estates disputes page.
  • Legal advice on the National Minimum Wage

    Legal advice on the National Minimum Wage

    HMRC ‘named and shamed’ 37 National Minimum Wage Offenders in January 2015 as checks are set to become tougher on offenders. The named companies are now required to pay £51,000 in fines along with the money that their employees are owed.

    H&M and Welcome Break were among the companies listed, blaming their employees underpayments on time logging and technical issues.

    Following the publication of the list HMRC have announced that they are increasing their enforcement budget by £3 million over the 2015-2016 financial year. The extra money will go towards increasing the number of HMRC compliance officers that investigate suspected minimum wage offenders.

    If an employer is found to be guilty of paying below minimum wage they are required to pay arrears immediately plus the amount that the government fines them for their offence.  It is a company’s responsibility to keep records proving that they are paying minimum wage to their employees and if they were to be investigated these records would be reviewed.

    It is essential that employers are aware of the regulations that are in place to protect their employees from being paid less than the national minimum wage. However it is also important that employees are made aware of the legal requirements that their employer has to meet in terms of payment.

    To view the minimum wage rates visit gov.co.uk.

    If you are looking for advice on employment law our team have extensive experience and will be able to guide you through any problems you may have. For more information contact our employment law specialists on 0161 624 6811 we will be happy to help.
  • Shuduppa your Facebook – divorce advice from family lawyers

    Shuduppa your Facebook – divorce advice from family lawyers

    Shuduppa your Facebook? Or a “need to know”?

    The revelation from a solicitor’s firm that Facebook is a factor in around two-thirds of divorce cases is something which resonates with Wrigley Claydon’s family lawyers in Oldham and probably with all family solicitors up and down the country.

    From complaints that “he’s changed his Facebook status” to posted messages leading to misunderstandings, the social media revolution is creating all sorts of problems within relationships.  It is no surprise that when people approach their family lawyers for advice about relationship breakdown, finances or children issues references to social media, particularly in relation to communications, are frequently raised in discussions.

    Wrigley Claydon’s family law team are no different in their experiences of such issues being raised while conducting cases.

    So what can you do?

    Firstly, be aware of what you are posting and who might access it, especially if the persons with whom it is being shared may pass on the information. Something as innocuous as information about a planned holiday, a school event, a social gathering, and photographs can all in fact contain and convey an awful lot more information than might have been intended.

    Secondly, it’s probably worth building into your own approach some sort of delay so that whilst the tendency is always to respond immediately to something you’ve read or seen, a little time to think about this can make sure you give a more measured response, whatever that might be.

    Thirdly, is it worth doing something which involves hiding or concealing information or facts? Family lawyers dealing with financial matters are telling their clients that the court in such cases expects each party to make a full and frank disclosure of their financial circumstances. If you fail to do so and are caught out by something on Facebook or some similar social media, then not only does it highlight the lack of openness and honesty in relation to that issue, but it raises a more general question about your credibility eg “you didn’t tell us about that, what else haven’t you told us about? How can we trust what you’ve told us about other things?”

    There’s no doubt that social media activity will continue to be a major part of our lives – but we need to think carefully and probably more often about our communications in whatever form they take and the possible consequences.

    If you need are in need of divorce advice or a family lawyer then please contact us on 0161 785 3534 to talk to one of our specialists.
  • Our legal tips and advice for moving home

    Our legal tips and advice for moving home

    A 8.3% rise is expected in house prices this year, however with government schemes such as help-to-buy, rising house prices won’t stop the housing market from booming over the next year.

    Purchasing or selling a home can be a long process. Once the offers have been made and accepted there are legal requirements that need to be fulfilled. Hiring a qualified conveyancing solicitor to work on your behalf is the option that most people choose as trying to carry out the legal work yourself is often too difficult and time consuming.

    The key difference between hiring a solicitor and a conveyancer is that a conveyancer is qualified specifically within the property industry and they are licensed by the Council of Licensed Conveyancers. Solicitors will have knowledge of the property industry and therefore are also qualified to give legal advice and represent a client who is buying or selling a home.

    The moving process can be daunting when considering the different elements that need to be managed which is another reason why hiring a conveyancing solicitor is a good idea. They are responsible for organising surveys, valuations, advice and representation on compulsory purchase compensation, reports from specialist services (such as damp proofing) and assisting with mortgages or other funding arrangements.

    Once offers have been made and accepted the estate agent will ask for your legal representatives details to pass onto the other party’s legal advice. We recommend that before you start looking for a new home you make contact with a solicitor or conveyancer as this will make the process quicker, and smoother and prevent rushed decisions being made.

    A qualified solicitor could also act on behalf of your lender, which could save you money. The main task is to draw up a mortgage deed which sets out all the conditions of the loan which the lender will then hold along with the title deeds of your property until the loan is paid in full.

    If you are looking for a new home and are in need of legal advice do not hesitate to contact us. We have a team of property experts that are willing to answer your queries, to speak to one of our specialists call us on 0161 785 3534.
  • Divorce ahead? Seek advice from our family law solicitors

    Divorce ahead? Seek advice from our family law solicitors

    The decision to end a marriage might be straightforward, yet the many aspects that follow from the implications of this step can appear daunting and difficult. Financial issues, housing and arrangements for any children will need to be addressed over and above the change of marital status that a divorce will bring about. It is essential that decisions aren’t rushed and expert legal advice from family law solicitors can assist in these areas.

    Whilst there may at first be a reluctance to involve “the lawyers”, most people find that obtaining good legal advice will help them to arrive at a solution both parties are happy with and that engaging a specialits family law solicitor will help to guide them through each step of the process.

    Family law solicitors are able to explain what everything means, assess the situation and present a clear explanation of the options available. They will:

    • Present your case in court where appropriate in relation to financial or children issues and explain what you need to do
    • Explain each stage of the process to you
    • Provide help and support with related legal issues such as housing, who receives which assets, pension arrangements and future arrangements for children
    • Family law solicitors are also able to provide advice on other methods of separation if it is against your religion and beliefs
    • Remember, there is rarely a need to attend court for a hearing in relation to the divorce itself (ie to address any arguments about why or how the marriage broke down) and the vast majority of divorces are achieved without either party having to attend court. It will usually only be in relation to any disputed matters concerning children or finances that there may be a need to attend court
    Many people find that appointing the services of family law solicitors eases the stress of going through a divorce. If you are in need of divorce advice or a family lawyer then please contact us on 0161 785 3534 to talk to one of our specialists in Wrigley Claydon’s family law department.
  • Intellectual property advice from your commercial litigation solicitor

    Intellectual property advice from your commercial litigation solicitor

    Commercial disputes come in all shapes and sizes, from contract and property disputes, mergers, acquisitions and litigation to debt collection, employment issues, licensing and intellectual property.

    The issue of intellectual property can be a confusing one. Every business will own some form of intellectual property and protecting this is imperative.

    What is intellectual property?

    According to the Intellectual Property Office, intellectual property is something unique that you physically create – an idea alone is not intellectual property. They give the example of a book – an idea for a book is not intellectual property, but the words you’ve written are. Other examples are:

    • the names of your products or brands
    • your inventions
    • the design or look of your products
    • things you write, make or produce

    Copyright, patents, designs and trade marks are all types of intellectual property protection. By having the right type of protection you can stop people stealing or copying your work, reducing the risk of commercial dispute and the need for legal action. A commercial litigation solicitor can help advise you on intellectual property ownership and the appropriate type of protection.

    Intellectual property ownership

    Again, the Intellectual Property Office tells us you own intellectual property if you:

    • created it (and it meets the requirements for copyright, a patent or a design)
    • bought intellectual property rights from the creator or a previous owner
    • have a brand that could be a trade mark, eg a well-known product name

    Interestingly, intellectual property can have more than one owner, belong to people or businesses and be sold or transferred. If you are employed and created something as part of your job, you usually won’t own the intellectual property to this piece of work. This will belong to your employer. Exceptions might exist if you are a freelance worker, depending on your contact agreement and terms & conditions.  If a business is bought or sold, intellectual property ownership can also be sold or transferred as part of that exchange.

    If you have a dispute about your intellectual property, please speak one of our commercial litigation solicitors.  They are specialist intellectual property dispute resolution and litigation solicitors. They can assist you pursuing or defending a claim in matters relating to trademarks, trade marks overseas, patents, copyright, designs, confidential information, licensing your intellectual property, franchising and enforcement.

    If you feel your intellectual property rights have been infringed and need some legal advice then please speak to Vijay Srivastava or Shalish Mehta, our civil and commercial litigation solicitors.  Please call us on 0161 785 3534.
  • Workplace hazards advice from your personal injury solicitor

    Workplace hazards advice from your personal injury solicitor

    Your employer has a duty to protect you and maintain safe conditions for you in the work place and prevent any workplace hazards. If you have an accident at work and feel that it wasn’t your fault then pursuing a claim for compensation might be the right thing to do.

    Unlike with most personal injury claims, this can feel like you are claiming against someone you actually know; your boss. Instead, you are are claiming against the company, not personally against your boss and it’s for this reason that you shouldn’t be put off making a claim. In actual fact it’s one of the main reasons to make a claim.

    There are four main types of workplace hazards:

    • Physical hazards are the most common hazards and are present in most workplaces at some time. Examples include: frayed electrical cords, unguarded machinery, exposed moving parts, constant loud noise, vibrations, working from ladders, scaffolding or heights, spills and tripping hazards.
    • Ergonomic hazards occur when the type of work you do, your body position and/or your working conditions put a strain on your body. They are difficult to identify because you don’t immediately recognise the harm they are doing to your health. Examples include: poor lighting, improperly adjusted workstations and chairs, frequent lifting, repetitive or awkward movements.
    • Chemical hazards are present when you are exposed to any chemical preparation (solid, liquid or gas) in the workplace. Examples include: cleaning products and solvents, vapours and fumes, carbon monoxide or other gases, gasoline or other flammable materials.
    • Biological hazards come from working with people, animals or infectious plant material. Examples include: blood or other bodily fluids, bacteria and viruses, insect bites, animal and bird droppings.

    Accidents do happen, despite our best efforts to avoid them, and in the aftermath it’s extremely important to look closely at where errors were made. There are various Laws and Regulations which require your employer to keep you safe and prevent accidents at work. If you are injured due to a breach of one of those Laws or Regulations by your employer then you can claim.

    Call us now to discuss your claim or accident involving a workplace hazard with a personal injury solicitor. Call 0161 785 3534.
  • Oldham solicitor celebrates ROCA anniversary

    Oldham solicitor celebrates ROCA anniversary

    Wrigley Claydon partner and Oldham solicitor John Porter was proud to celebrate the 7th anniversary of the Respect Our Community Awards (ROCA) recently.

    ROCA is an arm of First Choice Homes housing association in Oldham – where John is a trustee – that gives out money to worthy community projects.

    Launched in November 2007, John has chaired every ROCA meeting since its inception. The fund has given out over £350,000 in grants in this time.

    The anniversary was marked and seven years of success in helping the communities of Oldham come together celebrated at the ROCA Board’s recent meeting at the White Hart at Lydgate, Saddleworth.

    ROCA also sponsored an award at the Pride in Oldham Awards 2014 that took place on 14th November. Another Wrigley Claydon partner and Oldham solicitor Rachel Damianou, had reason to be proud at the awards as her daughter Eleanna was a runner-up in the Schools award section!

    To find out more about our work in the community and that of our employees please see our Oldham Community Support page.

  • Winter Driving Advice

    Winter Driving Advice

    We need to adapt the way we drive during the winter and be prepared for journeys that may take us through very varied weather, road and traffic conditions to avoid road accidents.

    Winter driving advice

    When we have prolonged periods of snow, as we have experienced over the past few years, we tend to see a fall in the overall number of road casualties because fewer people take to the roads. However, as would be expected, we also see more people being killed and injured in road accidents when weather conditions are snowy or icy.

    Figures from the Department for Transport (DfT) show that across Great Britain in 2011, 32 people were killed and 3,912 people were injured in reported road accidents when there was snow or ice on the road surface. DfT figures also show that 6 people were killed and 672 were injured when it was snowing at the time.

    The Royal Society for the Prevention of Accidents (RoSPA) offer winter driving advice and tips about preparing your vehicle, yourself and your journey and driving in snow or ice, rain, fog, strong winds and low sunshine.

    Knowing the weather forecasts and how to read road conditions will help you decided if, when and how journeys can be undertaken. Listen to local radio weather and traffic reports.

    RoSPA supports the use of salt and grit on road surfaces as part of a pro-active and re-active winter maintenance programme if and when the temperature drops, or is expected to drop, below freezing point. However, it is recognised that it may prove impossible for all local authorities with highway responsibilities to ensure that all roads are salted and/or gritted on each occasion.

    You can find out which routes your local council will be gritting and even send them gritting requests via the gov.uk website.

    If however, despite your best preparations, you find yourself involved in a road traffic accident this winter and need some expert legal advice and support, Wrigely Claydon is here to help you.

    With 30 years experience helping people claim their accident compensation we are waiting to help you, please call us on 0161 785 3534.
  • Knowing your consumer rights this Christmas

    Knowing your consumer rights this Christmas

    With Christmas shopping and present wrapping in full swing (or hopefully for many of you, now complete), next comes the gift giving, and returning…..

    We’ve all been there. We’ve all given or received an unwanted present at some point and been forced to join the long queue at the returns desk. But do you have a right to your money back?  The list of terms and conditions and the small print on store receipts and websites can be confusing. Here’s our short guide to knowing your UK consumer rights this Christmas.

    Every time you buy something you make a contract with the seller. This contract is known as your basic statutory rights. Both you and the other party agree to terms and conditions. The seller has agreed to provide your ‘statutory rights’. These are legal rights that apply to all shops and retail outlets which they cannot change.

    Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose.

    As described = an item must do, or be made of the material(s), the advertisement or label states.

    Of satisfactory quality = in a legal context this means goods must be in a state that you – or any other reasonable person – would think was acceptable.

    Fit for purpose = an item must be able to fulfill the function it was intend for.

    If goods you’ve bought don’t match up to this criteria, the retailer is in breach of contract and you have a claim under the Sale of Goods Act. UK consumers have a legal “right to reject” faulty goods and get a full refund if you return it to the place of purchase, within a reasonable time after purchase – usually three to four weeks.

    Shops are under no obligation to take back goods that aren’t faulty, just because you’ve changed your mind. The exceptions to this are buying on the internet, mail order or financial agreements, when you usually have cancellation rights. Many high street shops however, offer returns policies allowing you to take back whatever you want within a set period of time (generally 28 days) and receive a refund, credit note or exchange.

    When it comes to returning gifts that are unsuitable, the rules change again. Remember the contract we mentioned earlier? This is between the buyer (whoever paid for the goods) and the seller. If you pass on the goods and the recipient chooses to return it, they technically have no rights. Again, many stores are lenient to this and offer gift receipts on the run up to Christmas for exactly this purpose.

    There are many other specifics and varying terms and conditions that apply when purchasing certain goods, and consumer rights in relation to services are different again.

    If you feel you have been mistreated or had your statutory rights denied and need some legal advice then please speak to Vijay Srivastava or Shalish Mehta, our civil litigation specialists. Please call us on 0161 785 3534.