Wrigley Claydon Solicitors

Category: News

  • Estate dispute solicitors

    Estate dispute solicitors

    Two sisters, who were cut out of their father’s will on his deathbed, have launched a legal fight for his £4million estate – claiming he was mentally unbalanced by surviving the Hillsborough disaster.

    Thomas Fitzgerald was hours from death and speaking through an oxygen mask when he disinherited his daughters in 2012. The daughters did not need his money, he said, and instead bequeathed his fortune to his new partner and his sisters.

    At the High Court the daughters and their mother claimed his experiences at Hillsborough and other traumatic life events left him so emotionally damaged he was mentally unfit to make a will.

    The daughters and their mother challenged the will at the High Court in 2014, but the Judge ruled that Mr Fitzgerald knew his own mind.

    The Judge rejected claims that he lacked the mental capacity to make a valid will or did not ‘know of and approve’ of its contents and therefore dismissed the case.

    But his daughters and their mother, who Mr Fitzgerald was divorcing at the time of his death, are now fighting in the Court of Appeal battle for a share of the Estate on the basis that the deceased did not understand the impact of his will and therefore should be overturned.

    The daughters and their mother are arguing that the reason given in the will for leaving out the daughters – that they were not dependents – was wrong. They allege that they had ‘emotional dependence’ on their father.

    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 experienced 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.

    If you are looking for Will and Estate dispute solicitors do not hesitate to contact us. Call 0161 785 3534 to speak to to Shalish Mehta, in our civil and commercial litigation department or email sm@wrigleyclaydon.com.
  • Breach of contract solicitors

    Breach of contract solicitors

    A QC is facing a bill of hundreds of thousands of pounds after he lost a six-year court battle over the purchase of a £3.6 million 30 room 18th century manor.

    William Griffiths QC fought against Alan Hardy in a bid to avoid having to pay him for pulling out of a deal to buy Laughton Manor in Sussex, which was overhauled by a friend of Queen Victoria.

    The purchase was cancelled after Mr Griffiths discovered damp, rot and timber decay but a court ruled that Mr Griffiths had broken his contract with Mr Hardy and after losing an appeal Mr Griffiths must pay Mr Hardy £385,000 in compensation and costs.

    Mr Griffiths withdrew from the deal and refused to pay the £210,000 owed as part of a 10 percent deposit.

    Mr Hardy in turn said he would not refund the £150,000 which had already paid.

    In 2014, the Court ruled that Mr Griffiths had no right to pull out of the deal and ordered him to pay £235,000 damages for breach of contract, in addition to the £150,000.

    In April 2016 the Court of Appeal, sided with Mr Hardy, ruling that Mr Griffiths had no prospect of success in overturning the previous High Court decision.

    Mr Griffiths claimed that Mr Hardy had misled him about the condition of property during the sale.

    However, the Court of Appeal accepted Mr Hardy’s evidence that he had never had the house surveyed and was unaware of any damp problem and found that Mr Hardy had an ‘unconditional right’ to cancel the contract when Mr Griffiths failed to pay the balance of the deposit or complete on time.

    If you wish to make a claim for breach of contract, or indeed are facing a breach of contract claim then call our breach of contract solicitors on 0161 785 3534 and speak to Shalish Mehta in our civil and commercial litigation department or email shalish.mehta@wrigleyclaydon.com.

  • (Snack) attack, on family solicitor fees

    If football pundit Gary Lineker has recently attacked family solicitor fees because they “manipulate” the situation to increase their costs it is probably the thought of giving away all those crisp notes! In any event, his assessment is not borne out by the experience of Wrigley Claydon’s family team.

    Mr Lineker’s suggestion of a formula to assist in working out a financial settlement in all cases may be an admirable proposition in principle. However, we all know that the financial background of one married couple can be very different from another and the application of a formula across the board would be problematic.

    By contrast the Matrimonial Causes Act 1973, which governs financial issues on divorce and civil partnership dissolution, sets out a list of factors the court should consider when addressing financial issues (eg age, earning capacity, contributions, financial resources etc) and all family solicitors will have this in mind when discussing and negotiating matters. This non-exhaustive list gives the court the discretion needed to achieve fairness between the parties. The uncertainty that this may cause has to be seen in the context of the flexible approach that can be applied by the court.

    And whatever Mr Lineker might think, the procedure in family cases is governed by the Family Proceedings Rules 2010 which at the outset (rule 1.1) make it clear that the overriding objective is to “deal with cases justly”, which includes dealing with matters expeditiously, proportionately, saving expense and ensuring the parties are on an equal footing.

    The massive reduction in legal aid eligibility in family matters has meant that early advice from a specialist is essential.

    As family law solicitors we are specialists dealing with people from a variety of backgrounds and can assist our clients in finding their solution during what is probably a difficult time.

    For further advice or information contact Jill Walker who heads up the Family Law department at Wrigley Claydon solicitors – 0161 624 6811 or email rjw@wrigleyclaydon.com
  • Wrigley Claydon partners part of mentoring scheme at Oldham College

    Wrigley Claydon partners part of mentoring scheme at Oldham College

    Two of our partners, Rachel Damianou and John Porter, are part of a new mentoring scheme at Oldham College. As part of the national Career Ready programmes, Rachel and John will meet monthly with their students to help prepare them for life as a law professional.

    An article detailing the scheme in Oldham Chronicle’s The Knowledge is printed below in full:

    Rachel Damianou works for Oldham’s oldest law firm and is keen to pass on her experience to students. A partner and head of wills and probate at Wrigley Claydon solicitors, Rachel is now among staff members who have become mentors to law students at Oldham College.

    She is looking forward to helping shape tomorrow’s law practitioners, “It’s all very well studying theory, but you need some practical knowledge too. Law is getting more and more competitive these days. We can also pass on what we are looking for in potential employees. So the mentoring benefits both the students and our company.”

    During the year Rachel and her assigned student will meet every month to develop the student’s CV, promote networking, interviewing skills and general employability. While doing work experience at Wrigley Claydon students will have access to all areas of the legal profession.

    The mentoring programme is part of Career Ready, a national initiative to get students ready for work, part of which is four weeks of work experience.

    The college introduced the Career Ready programme to its finance department five years ago, and it also operates in the business leadership department.

    College business manager Shazia Afzal said, “Mentoring is the best way to get into the field that interests them.”

    Law student Ellie Webster, (19), from Diggle, is mentored by the firm’s John Porter, “John has aleady succeeded and achieved his goals, and he’ll be passing on his knowledge to me.” After the two-year course Ellie will receive a BTEC extended diploma – equivalent to three A-levels. She then plans to study law at university.

     

  • Dying Matters Awareness Week 2016

    Dying Matters Awareness Week 2016

    Dying Matters Awareness Week, which runs from 9th-15th May, encourages people to talk about and prepare for dying.

    The national campaign aims to highlight the importance of talking more openly about dying, death and bereavement, and to make plans for the end of life.

    The year’s campaign is focused around the #BigConversation. The hashtag, to be used across digital platforms, is designed to encourage people to talk openly about what are commonly difficult issues. The messaging is quite direct with strap lines including ‘Talking about dying won’t make it happen‘. It is hoped the hard-hitting one-liners will help break down the barriers and stigma around death and help society as a whole to recognise that death and bereavement are a part of the natural life cycle, and that talking about it will help us all us all to cope better with issues surrounding death.

    The Dying Matters Coalition has planned a series of Twitter chats throughout Dying Matters Awareness Week. Each day between 1 and 2pm will look at the following topics:

    Monday 9 May: The importance of making a funeral plan

    Tuesday 10 May: Planning for your future care and support

    Wednesday 11 May: The importance of making a will

    Thursday 12 May: Signing up as an organ donor

    Friday 13 May: Making sure your loved ones know your plans

    Saturday 14 May and Sunday 15 May: Your choice – chat about anything and everything related to dying, death and bereavement.

    Professionals, those with personal experiences or anyone with a question are encouraged to join the conversation using the hashtag #BigConversation.

    For more information about the campaign, visit www.dyingmatters.org or twitter.com/DyingMatters.

    The Wills, Probate and Trusts solicitors at Wrigley Claydon are experienced professionals who can help prepare your Will, give advice on appointing a Power or Attorney, or support loved ones through Probate or a Will Dispute.

    Please contact our friendly and compassionate team on 0161 624 6811 or email Rachel Damianou at rld@wrigleyclaydon.com.

  • Artist Prince died without a Will – our Will dispute solicitors look at the evidence

    Prince, the singer who died on 21 April 2016 is believed to have left no will behind which opens up the possibility of a battle over his fortune.

    Londell McMillan, Prince’s former lawyer, said: “It’s likely there is no will. He couldn’t face it. He didn’t think he would die.”

    Prince left an estate variously valued at between $150 million and $800 million.

    He was twice divorced and had no surviving children or parents.

    Prince’s only full blood relative is his younger sister, singer Tyka Nelson but he also had five half-siblings from his father’s second marriage who might try to argue that they had an equal claim.

    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 experienced in this field and have won complex cases for our clients.

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

    If you are looking for advice from Will dispute solicitors, do not hesitate to contact us. Call 0161 785 3534 to speak to Shalish Mehta in our civil and commercial litigation department or email shalish.mehta@wrigleyclaydon.com.

  • Whole Lotta copyright infringement

    Led Zeppelin’s lead singer Robert Plant and guitarist Jimmy Page will appear in a Los Angeles court on 10th May 2016, accused of copyright infringement.

    A judge in the case said there are “substantial” similarities between their track Stairway To Heaven and Taurus, a song written by the band Spirit in 1967.

    The lawsuit was brought by Michael Skidmore, a trustee for the late Randy Wolfe, who was Spirit’s guitarist and composer of Taurus.

    Mr Skidmore says the two bands toured together in 1968 and 1969 and this may have been when Page was inspired to write Stairway To Heaven.

    Plant and Page, however, say that Wolfe was a songwriter for hire and, therefore, had no claim to copyright.

    They also say that the chord progressions in Stairway To Heaven were too well-known for such protection.

    Led Zeppelin often drew inspiration from other groups and some of these have resulted in legal challenges.

    As a result, the band has already been forced to alter the credits and pay portions of their royalties for songs such as Babe I’m Gonna Leave You and Whole Lotta Love.

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights we can help. We can assist you in securing an injunction and/or damages or account of profits and the delivery up and destruction of the offending item. If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimising your liability.

    If you feel you have an intellectual property case and need the advice of a copyright infringement solicitor North West, then please speak to Shalish Mehta, in our civil and commercial litigation department. Please call us on 0161 785 3534 or email sm@wrigleyclaydon.com.
  • Need an LPA but no one to help? Consider a professional power of attorney

    Need an LPA but no one to help? Consider a professional power of attorney

    Much has now been written about the benefits of a Lasting Power of Attorney.

    It is a way to ensure that if you ever are unable to deal with your own property and finances or make decisions about your health and welfare, someone else can.

    So, who should be appointed to make those decisions for you? Ideally a family member or close friend who would be willing to help you should the need arise. But what if you have no close family or friends or are worried about the burden of appointing them? That is where you can choose to appoint trusted professionals such as your Accountant, Financial Advisor or Solicitor.

    A professional power of attorney will charge for their services but having a professionally drawn Lasting Power of Attorney gives an opportunity for fee details to be discussed and included in the Power of Attorney so it is clear what fees will be charged and how those fees will be calculated.

    At Wrigley Claydon we act as Attorneys for many such clients who now have the peace of mind that should the need arise, their affairs will be looked after professionally, sensitively and in accordance with their wishes.

    To find out more about appointing a professional power of attorney please contact Jyoti Patel or Rachel Damianou on 0161 624 6811 or email rld@wrigleyclaydon.com.
  • Employers: Consider the age of your employees before dismissing!

    Employers: Consider the age of your employees before dismissing!

    Workers cannot be discriminated against based on age, the Employment Appeal Tribunal (EAT) recently re-inforced.

    The case of Donkor v RBS related to an appeal by an ex-Regional Director of RBS who had worked at the company since August 1978. Four Directors were placed at risk of redundancy, two over the age of 50; two under the age of 50. Mr Donkor fell into the first category and opted for voluntary redundancy and an early retirement.

    When it became clear to RBS the cost of redundancy for two employees aged over 55 (at over £1 million), it changed course and, on 29 May 2012, offered Mr Donkor a job for a similar role, which he was glad to accept.

    RBS then changed its pension rules on 1 October 2012, raising the age of voluntary redundancy from 50 to 55 for those wishing a non-discounted pension. In 2013 RBS underwent an unrelated restructure and Mr Donkor was allowed to apply for voluntary redundancy, which he accepted.

    Mr Donkor then brought a claim for direct age discrimination, which was refused by the Employment Tribunal, but allowed on appeal by the EAT.

    The EAT decided that the issue was whether Mr Donkor had been treated less favourably in not being given the option to apply for voluntary redundancy than his colleagues. The question therefore was whether the Respondent had taken into account Mr Donkor’s age. It concluded that the Claimant’s age was a material factor in RBS’s decision to refuse him voluntary redundancy in 2012.

    RBS decided against letting Mr Donkor accept voluntary redundancy in 2012 because the cost of his retirement would have cost the company too much. In light of the EAT’s recent decision, RBS were right. Mr Donkor was expensive to lose.

    It is important for employers to understand their obligations and employee’s rights.

    If you have an employment query or concern, do not hesitate to contact the Wrigley Claydon employment team on 0161 624 6811 or email our head of department John Porter on jap@wrigleyclaydon.com.
  • Advice on contesting a Will from our Will dispute solicitors

    Advice on contesting a Will from our Will dispute solicitors

    Actress Lynda Bellingham, who starred in the long running Oxo TV adverts and panelist on Loose Women, died in 2014. In her will she left everything to her husband, Michael Pattemore.

    Ms Bellingham’s two sons have criticised Mr Pattemore for ‘disrespecting their mother’s memory’ since her death.

    The sons stated they are in the process of challenging their mother’s will and accused Mr Pattemore of depriving them of their inheritance, evicting them from the family home and squandering thousands of pounds from their mother’s estate.

    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 each case sensitively ensuring that all of our clients are happy with each stage of the process and the outcome of proceedings.

    If you are looking for Will and Estate dispute advice do not hesitate to contact us. Call 0161 785 3534 to speak to to Shalish Mehta in our disputes department or email shalish.mehta@wrigleyclaydon.com.