Wrigley Claydon Solicitors

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  • Family Justice System Reforms

    Family Justice System Reforms

    Changes to the family justice system have now been introduced, which fundamentally change the way that the courts in England and Wales will resolve disputes between families.

    As from 22nd April 2014, Combined Family Courts have been introduced in England and Wales. These courts replace the previous three-tier system and are intended to simplify the process of applying to court and to ensure that disputes are resolved quickly. The most appropriate level of judge will be assigned to the case from the start and the hearings will be heard in the most appropriate location.

    There are also changes to the way in which cases involving children are considered. Gone are the terms “Residence” and “Contact” to be replaced with “child arrangements orders”. It is thought that the new orders will focus far more on meeting the needs of children and less on the rights of the parents.

    The courts will take account of the principle that both separated parents should continue to be involved in their children’s lives’ as long as it is safe to do so.

    Court cases involving children will also be completed in less time than currently. There is a maximum 26 week time limit for completing cases where a child is under the care of the local authority. It is hoped that this will mean speedier and better outcomes for vulnerable children.

    Before you can take most disputes relating to family finances or relating to your children to court, there is now a requirement to attend a mediation information meeting with a qualified mediator. Parties to a dispute may then decide to mediate instead of going to court, which could mean their disputes are resolved more quickly and more cheaply.

    For further information as to how the changes may affect your particular situation, the family team at Wrigley Claydon are able to offer a comprehensive service in all aspects of family law. We offer a free initial 30 minute consultation and, depending upon your circumstances, you may be eligible for legal aid.

    Please call Jill Walker on 0161 6246811 for further information.

    For further details on the reforms you can also visit the Government web page.

  • How to make a clinical negligence claim

    How to make a clinical negligence claim

    We trust our doctors and dentists to keep us safe and well – however, mistakes happen, which can sometimes lead to painful consequences. Trusting someone with your health or dental care, only to suffer personal injury through misdiagnosis or inadequate work, can cause both physical and emotional distress. You may also have to take time off work or pay for expensive corrective procedures, which can cause additional financial problems. Making a clinical negligence claim to get the compensation you deserve may seem daunting, but could help you get back on your feet, and should always be considered in order to prevent further problems in the future.

    Clinical or dental negligence claims can be separated into two categories – active and passive negligence. Active negligence refers to an action made which was inadequate or poorly executed. Examples include:

    • Damage caused during teeth extraction
    • Problems created during surgery
    • Or procedures carried out which are not suitable for the patient, for example if the patient has a problematic pre-existing condition

    Passive negligence, on the other hand, is used to describe personal injury caused by a lack of action, for example:

    • A doctor or dentist failing to inform the patient of all the options available
    • A doctor or dentist failing to carry out an assessment to ensure a procedure is suitable for a patient
    • Failure to provide necessary care after a procedure
    • Or a failure to notice a problem which could have been lessened if caught sooner

    So, what’s the best route to take if you’re thinking of making a clinical or dental negligence claim? The first step is always to contact a solicitor with experience in clinical and dental personal injury cases. Due to the complexity of these cases, it’s important to ensure you find a solicitor who can tackle your claim with confidence.

    Wrigley Claydon are a team of quality personal injury solicitors with experience in both clinical and dental negligence cases – to discuss yours, call us on 0161 624 6811 or send us a message using our enquiry form.
  • Claiming for personal injury abroad

    Claiming for personal injury abroad

    It’s the time of year when people across the country begin looking forward to summer and booking trips abroad. However, for some, the enjoyment is cut short due to personal injury. Accidents can happen anywhere – you wouldn’t accept it at home and you don’t have to accept it abroad.

    If you have suffered personal injury abroad you could entitled to compensation for loss of enjoyment, out of pocket expenses (such as medical or transport costs) or even loss of earnings if your injury is severe enough to affect your ability to work. But in what circumstances are you eligible to claim?

    A United Kingdom personal injury solicitor will usually only deal with a claim against another UK-based company. As a result, claims are usually against the package holiday company or travel agent. This covers circumstances such as accidents on hotel grounds, food poisoning at hotel restaurants or accidents caused in public spaces on excursions organised by the travel company. There are also certain grey areas which may be considered more difficult cases such as organised water sports, accidents on public transport or accidents on holiday which weren’t booked through an agent. However, it is always advised to contact a personal injury solicitor for a consultation in these circumstances, as injury can have a serious emotional and financial impact on the victim and their family, which shouldn’t be taken lightly.

    While your thoughts may be elsewhere after suffering a painful accident, there are several procedures that you can complete following an injury which will ensure maximum success during your case. It is recommended that you report your accident to your travel representative at the time, rather than waiting until you return home. It is also essential to record your injury in the appropriate accident book or log so there is a permanent record of the date, time and details of the incident. Taking names and addresses of witnesses can also help, along with photos of the environment or cause of the incident. Retaining any documentation from the hospital including receipts is also useful.

    Personal injury can happen anywhere and the fact that an accident has happened abroad rather than at home is no reason to ignore it. If an injury has affected your enjoyment of the trip you have paid for, cost you money or made you take time off work, you could have grounds for a claim and deserve to be recompensed for your time or costs wasted.

    At Wrigley Claydon, our team of personal injury solicitors can assess the problem and fight for the justice you deserve, as well as hopefully ensuring that any hazards are rectified, reducing the risk of injury in the future. Contact us today on 0161 624 6811 or send us an email on info@wrigleyclaydon.com.
  • Are you ready for a ‘Company Health Check’?

    Are you ready for a ‘Company Health Check’?

    With the increased confidence in the economy and Government actions such as the new National Insurance Employment Allowance, designed to encourage business owners to take on more staff, many businesses will be considering new recruits this year. The means many will be reviewing their contracts of employment. Regulations and legislation surrounding business is constantly changing and it can sometimes be difficult to keep up, with many businesses operating “outside of the law” without even being aware they are. Which is why, if you are assessing your contracts this year, now would be a good time to invest in a ‘Company Health Check’.

    A ‘Company Health Check’ is a full review of company documents, employment contracts, disciplinary procedures, health and safety policy, terms and conditions of business, and financial documents. Our team of qualified solicitors will provide a comprehensive report so you know what you’re doing right, as well as what you need to correct to stay inside the law.

    Many changes to employment legislation have come into effect this April alone. Changes to pension policy, statutory payment increases, and rising penalties for employing illegal workers, along with multiple other changes, have made taking on employees a legal minefield. The required procedure to take on a worker now may not be the same as it was several years, or even months and so it’s important to ensure that all your procedures are carried out according to up-to-date legislation.

    As well as preventing difficult legal issues in the future, a Health Check can also help your business fulfil its full potential. Many documents and contracts which are mandatory by law are not just required to ensure your business is being run fairly, but can also ensure effective communication between employers and employees. Health Checks can also save you money, by assessing whether your financial documents are correct and up-to-date, and preventing steep legal costs if you are found to be performing business outside of current legislation.

    It’s always better to be safe than sorry, and preventing a problem is definitely preferable to spending a fortune on legal costs to fix it further down the line. Company Health Checks are a solid investment for any company or organisation, whether you run a small business or large corporation, and our team of Manchester business solicitors are able to offer you all the guidance you need.

    To learn more about the process and to speak to one of our specialists, please call us on 0161 785 3529 or send us a message through our contact page.
  • How our property team can help you sell

    How our property team can help you sell

    Undoubtedly the property market is improving – it is arguably at it’s highest peak in many years. However, one of the most prominent contributing factors to this success is the Help to Buy Scheme. The scheme targets young buyers who are trying to get their foot on the property ladder, and usually only applies to new build houses. This means that while the market continues to improve, and house prices rise, it is still proving difficult for those wanting to move, to sell their home. Most first time buyers are choosing new builds to take advantage of the scheme, meaning that existing home owners sometimes need help to sell.

    Taking on the task of selling your property alone can be daunting. Organising viewings and putting out advertisements can get pushed to the bottom of the to-do list during the hustle and bustle of every day life, and much of the jargon and necessary paperwork can seem overwhelming and confusing. This is why many home owners are choosing to invest in a team of estate agents, solicitors and conveyancers to assist in selling their property.

    But what exactly do they do? Firstly, estate agents. They will take responsibility for sourcing potential buyers – taking care of a lot of the organisational issues which arise when trying to sell your home yourself. Estate agents have years of experience selling properties, so know the best way to market your home and for what price. They can also offer you advice and be there to answer any questions you have regarding the sale.

    The conveyancer or solicitor will then take care of all of the complicated yet necessary paperwork such as drawing up contracts, laying out the necessary forms for you to complete and negotiating fees, speeding the process along. They will assist with the transfer of money, as well as ensuring that all documents are completed as accurately as possible, preventing any legal issues further down the road.

    One of the biggest factors in slowing down the process of selling a property is communication. There are so many individuals and companies involved – both on the side of the buyer and the seller – that transactions between parties can often hold up proceedings. Which is why using the services of a property team can help. At Wrigley Claydon, we have a property team made up of estate agents and law professionals, so you can find all the help you need in one place. We can offer solid, reliable advice that you can depend on with decades of combined property experience in all fields.

    We offer an extremely competitive fee package which includes conveyancing and all other legal work required, relating to your sale, for a streamlined and stress free experience. If you would like to speak to a member of our team, please call our Oldham Office on 0161 785 3571 or our Todmorden Office on 01706 815 712. Alternatively, you can send us a enquiry through our contact page.
  • Unfair dismissal and the law

    Unfair dismissal and the law

    As the law surrounding employment and dismissal continues to expand, specialist knowledge on these matters is becoming essential for all employers in order to avoid problems further down the road. One of the most misunderstood matters is unfair dismissal, and as employment solicitors who advise on all employment matters, we have helped numerous companies who are involved with unfair dismissal accusations.

    Dismissal should always be a last resort for employers, and should be carried out only after the company’s procedures for  warnings and investigations have taken place to establish the facts. Many problems which arise between employers and employees are a result of miscommunication and can often be solved with a quiet word and discussion. However, if for whatever reason, you still believe it necessary to dismiss an employee, this must be carried out fairly.

    A fair dismissal means that the dismissal follows company procedure and is executed calmly and professionally, and that the reasons for doing so are reasonable and just. Unfair reasons for dismissal include (though are not limited to) the employee asking for more flexible hours, asking for legal workers’ rights such as break times, asking for time off for maternity or paternity leave or joining a trade union.

    However in many cases, the phrase “unfair dismissal” is taken out of context. Simply because an employee has been dismissed and is understandably upset about this, is not always grounds for a claim. Reasons for fair dismissal include (though are not limited to) a consistently poor job performance, a failure to turn up without asking for leave, drug or alcohol abuse or theft. In these cases, if verbal or written warnings were issued and the problem continued to persist, the employee has no grounds for a claim and you don’t need to stand for it.

    If you or your organisation are wrongly accused of unfair dismissal, despite following both legal and professional procedures to let an employee go, Wrigley Claydon can help. Our team have vast experience in this field and can help you navigate the always ongoing changes to employment legislation, as well as being able to advise you on recruitment policy, pension provisions and employer obligations.

    To talk to one of our employment solicitors, please call us on 0161 624 6811 for more information, or contact us online.
  • Your rights as a pedestrian

    Your rights as a pedestrian

    In a recent case, our client, a pedestrian, was crushed between two moving vehicles. This caused serious damage to both knees – an incredibly painful and debilitating injury.

    We successfully recovered £75,000 for our client.

    We often take both public and personal transport so much for granted that we forget the severe accidents that can occur when people don’t pay attention on the roads. The injuries that occur when drivers do not fulfil their ‘duty of care’ to those on foot can be incredibly serious and sometimes life-threatening. Approximately 30,000 pedestrians are injured per year due to a collision with a driver – of which our client was one.  The injuries they sustained due to a collision with two vehicles were not only exceptionally painful, but also placed a great strain on their lifestyle. Sustaining serious injuries to both knees prevented our client from working to their full capacity and the time it took to heal caused great emotional distress.

    While there are many things that you as a pedestrian can do to prevent injuries such as these – for example staying on the pavement, wearing reflective clothing when walking at night and ensuring you are fully alert when crossing the road – the responsibility ultimately lies with the driver. Operating a dangerous and heavy vehicle, drivers must always be on red alert, and have a duty to prevent any unnecessary injury to those not on the roads. Accidents can be caused by driving too fast, driving while intoxicated, distracted driving or irresponsible driving. In these situations, a collision with a pedestrian is no fault of the person on foot.

    Despite its severity, in many ways a road accident compensation claim is no different to any other personal injury claim. As a pedestrian, there are several things that you can do to ensure your case has the maximum success. Taking names and addresses of witnesses, taking photographs of the injury or scene of the accident, and retaining receipts from any drugs or medical treatment can all help your case. However, the best thing that you can do is hire an experienced and trusted personal injury lawyer.

    If you have been injured on the road as a pedestrian, get in touch with Wrigley Claydon today. Call us on 161 785 3534 or use our contact form and we can review your case.
  • The Respect Our Community Awards

    The Respect Our Community Awards

    Partner, John Porter is a director of First Choice Homes and their Respect Our Community Awards, a not for profit housing association managing around 12,000 homes in Oldham.

    If you are a business based in Oldham we encourage you to help support the ROCA. If you are looking for help, we consider all community projects, big and small so please feel free to get in touch.

    This new video explains how the ROCA help Oldham and the local community….

    ROCA

  • Wrigley Claydon support Age UK Todmorden

    Wrigley Claydon support Age UK Todmorden

    Wrigley Claydon’s Todmorden Office are supporting Age UK Todmorden for the whole of March in their “Make a Will Month” campaign.

    Together with Jayne Brearley and Co our solicitors are donating their time and expertise to encourage people to ask about making a will and to help them create one.

    An Age UK spokesperson said: “For your own peace of mind and to avoid undue stress for your loved ones, making a will is an important step.”

    If you would like to take part simply call Jayne Brearley and Co on 01706 812926 or Wrigley Claydon on 01706 815712. There is a suggested donation of £60 per person or £100 per couple that will benefit Age UK.

  • The complications with lasting powers of attorney

    The complications with lasting powers of attorney

    Recently discussions regarding handing over authority to another person to act on your behalf should you become mentally or physically incapable have been rife.  Lasting Powers of Attorney  (LPA) have been all over the newspaper headlines because some family members have been abusing their power, whilst others have become frustrated by banks refusing to acknowledge theirs.

    People can become unable to manage their own affairs or need assistance in doing so, at any stage of life.  An accident, physical ill health or the onset of mental illness may make the everyday routine of paying bills, writing cheques etc both difficult and stressful and, in some cases, impossible.

    The LPA system is an insurance policy against problems that may occur later in life.  It is advisable to put an LPA in place while you can – if it never has to be used, nothing is lost, but it makes things much easier should physical or mental health issues make it difficult to look after your own affairs.  Friends and family do not automatically have the right to take over, and signing an LPA can ensure peace of mind that someone you trust will be able to look after the things that matter.

    Anyone  who is over the age of 18 and mentally capable can make an LPA. The completion of a Lasting Power of Attorney does not restrict your right to go on looking after your own affairs so long as you are able. Before the LPA can be used, it needs to be registered with the Office of Public Guardian.

    Inevitably, appointing an Attorney is not a simple process and rules have been put in place to ensure that the system is not abused.

    Making a Lasting Power of Attorney is an important matter.  Many people begin to consider making an LPA at a time when their mental and physical health is beginning to decline, which is a difficult time for any family. This is where Wrigley Claydon can help.

    Our Probate Department is on hand to discuss your requirements, with home visits also available for the elderly or infirm.  If you have any questions or concerns regarding Power of Attorney, please do not hesitate to call us on 0161 624 6811or email us at info@wrigleyclaydon.com.