Wrigley Claydon Solicitors

Category: News

  • Partner John Porter steps down from Oldham community group ROCA

    Partner John Porter steps down from Oldham community group ROCA

    Our Partner John Porter has stood down as chair of the Respect Our Community Awards (ROCA) panel, a group that awards money and support to grassroots community projects in Oldham that improve social cohesion and reduce anti social behaviour.

    John has chaired the organisation since its inception in February 2008. His decision to stand down coincides with his departure from the First Choice Homes Oldham board later this year. FCHO is a not-for-profit housing association, managing approximately 12,000 homes in Oldham and the main funder of ROCA.

    Of the move John said, “I have given a lot of my time and myself to ROCA. I feel the time is right for to take a break from the organisation and let it be refreshed with someone new at the helm.”

    The new chair of ROCA is Jodie Barber. In John’s touching farewell card she wrote:

    [quote align=”center” color=”#999999″]I just want to say what an absolute pleasure it has been working with you on the ROCA panel. You have been an amazing Chair bringing humour to the role and making the meetings thoroughly enjoyable while ensuring we got through the business in a timely and effective way. You held the reins well while still ensuring everyone’s views and opinions were heard and your commitment to ROCA is inspirational. Thank you for leading us (not into temptation), your contribution has ensured that many community projects and activities have made a positive difference to Oldham.[/quote]

    Other ROCA members contributed to the farewell message which also included a comprehensive list of the staggering amount of projects ROCA has funded under John’s leadership.

    To learn more about the incredible work they do in the Oldham community, please visit the ROCA website.
  • Breach of Duty of Care in Clinical Negligence case

    Breach of Duty of Care in Clinical Negligence case

    By respecting the duty of confidentiality, an NHS Trust has found itself defending a clinical negligence claim in the form of a Breach of Duty of Care.

    St. George’s Healthcare NHS Trust had been treating the Claimant’s father under a hospital order. The father was diagnosed with Huntington’s Disease, an inherited condition that damages certain nerve cells in the brain but denied the hospital permission to inform his pregnant daughter. The daughter/Claimant went on to be diagnosed with the disease and claim for psychiatric damage and additional expense claiming that if she had known earlier she would have undergone the test and if positive would have terminated the pregnancy on the basis that she was owed a duty of care in negligence and that her right to a private and family life was infringed, contrary to the Human Rights Act article 8.

    It was not disputed by the Claimant that the Defendant’s duty of care was towards the father and they were obliged to respect the confidentiality of his medical information.

    The Claimant was seeking to impose liability for the omission and failure to inform her of her father’s condition but there was no relationship between the Claimant and the Defendant that meant she should be told. Nor had the Defendant assumed a responsibility for the care of the Claimant. The Particulars of the Claim did not therefore show a breach of article 8 and the Claim was stuck out.

    Breach of Duty, Duty of Care and Clinical Negligence claims can be difficult areas to navigate for those seeking to claim damages or those accused. At Wrigley Claydon, our personal injury and civil litigation teams are highly experienced in such matters and can advise and represent you in these complex cases.

    Please contact us on 0161 624 6811 / 01706 815 712 or use our online contact form and we will get back to you.
  • Is your Will up to scratch? Advice from our Wills and Probate solicitors

    Is your Will up to scratch? Advice from our Wills and Probate solicitors

    A woman is seeking hundreds of thousands of pounds compensation from Barclays, claiming the bank’s Will-writing service resulted in her losing a stake in a valuable London home.

    Barclays is contesting the claim.

    The matter has now gone to the High Court.

    Court documents show that in 2007 Ebenezer Aregbesola used Barclays’ £90 Will-writing service to create a Will dealing with his various assets including homes overseas and in London. His Will instructed half of the London home to be given to his daughter on his death.

    The property was owned jointly by Mr Aregbesola and his wife – who was not the daughter’s mother. Because of the joint ownership, on Mr Aregbesola’s death in early 2014, the property went wholly to his wife – in contravention of the wishes spelt out in the will.

    In order for the Will’s conditions to have been fulfilled, it is alleged that Barclays should have severed the joint tenancy agreement. This would have enabled half of the property’s value to pass as instructed to his daughter. Because this severance process – which the Ombudsman described as “a simple formality” – was neglected, the joint tenant, Mr Aregbesola’s widow, is legally entitled to the whole property.

    The case highlights the danger of popular, cheap “DIY” wills which are often too simplistic to reflect accurately their owner’s wishes.

    By making a Will, you can choose to whom you want to leave your estate as well as appointing guardians to look after any young children should you die whilst they are under 18. By planning ahead, you can ensure that you do not cause unnecessary difficulties for your loved ones. You can use your Will to look after everything that is important to you, including charitable causes.

    We are experts in these complex areas of law but you will find the legal advice we offer is straightforward and easy to understand. Please contact Rachel Damianou or Jyoti Patel, our Wills and Probate solicitors, on 0161 624 6811.
  • Property investors look North say conveyancer solicitors

    Property investors look North say conveyancer solicitors

    Savvy property investors and professional landlords are edging their bets further north than ever before as rental yields across the North West of the UK boom.

    Whilst property values in London continue to rise faster than the rest of the country (a staggering 19.1% jump year-on-year) and the average house price stands at £514,000, in Manchester the average price for a house is just £211,748. Despite a 58.8% decrease in the average property value, rental yields are actually higher in Manchester and the North West!

    Recent data has revealed that yields in respect of London rental properties were approximately 4.3%. Yields in the North West of England however were approximately 7.1%, a huge 2.8% higher.

    A cheaper purchase price coupled with high rental market demands means property investors are consequently looking to expand their portfolios in the region. The North West is experiencing a massive investment boom and now seems the time to capitalise on attractive property prices:

    • Manchester has agreed a devolution deal with the Government worth £1bn which will see it control its own finances in respect of housing, health care, transport and more.
    • The, albeit controversial, HS2 high speed rail will connect the North West to the capital in just 68 minutes and with further rail investment in the planning across the region, business growth in the area is expected to follow.
    • The expansion of Manchester Airport further increases the attractiveness and accessibility of the region as a place to do business.
    If you hold a property portfolio or are looking to become a professional landlord our experienced, efficient conveyancing team can provide you with a quick, cost effective conveyancing solution. Call us on 0161 624 6811 or 01706 815 712. Alternatively, you can use our online enquiry form and a member of the property team will get back to you.
  • Motor Insurance Law

    Motor Insurance Law

    Following the case of Vnuk v Triglav in Slovenia in autumn 2014, motor insurance law is set to change in regards to vehicles driven solely on private property which may now need to be covered by motor insurance.

    The case saw the claimant, farm worker Mr Vnuk, sustain injury when he fell from a ladder after it was hit by a tractor reversing a trailer into the barn to collect the hay bales that Mr Vnuk was organising. Mr Vnuk sought compensation for his injuries from the driver’s insurers but was unsuccessful. They argued that the tractor was insured for use as a road vehicle, and not as a machine on the farm, as outlined in the European Directive of Motor Insurance. The case was appealed and referred to the European Court of Justice to determine if the duty to insure “the use of vehicles” under European Law was relevant in this instance.

    The CJEU ruled motor vehicle “use” covers “any use of a vehicle that is consistent with the normal function of that vehicle”. A tractor manoeuvring on a farm yard was deemed to meet this definition.

    In the UK the European Directive is interpreted by the Road Traffic Act 1988. Here it states third party motor insurance is limited to “the use of the vehicle on a road or other public place”. There is no requirement to insure your vehicle if it is used only on private land, such as the tractor on the farm yard in the Vnuk case. Should an accident occur on private land, those injured are excluded from the compensation guarantee.

    The ruling by the CJEU means that UK motor insurance law must now implement the new definition and no longer be limited to situations where the vehicle is being used on a road or other public place. There must be a policy of insurance in place to cover any vehicle for any use providing that the use is consistent with the normal function of the vehicle.

    If you are an employee, like Mr Vnuk, or a member of the public and have sustained injury by a vehicle on private or public land, our personal injury solicitors can offer you impartial advice and help you seek compensation.

    Call us on 0161 624 6811 or use our online contact form and one of our team will get back to you.
  • Resolving Neighbour Disputes

    Resolving Neighbour Disputes

    There are no set guidelines or definition of a neighbour dispute. This is because the issues can be so varied and circumstances so individual. Here we highlight some of the more common neighbour disputes and what can be done about them…

    Common neighbour disputes

    Access to land (for repairs) – the property’s legal documents may include a ‘right to entry’ for this purpose, in which case, the neighbour must grant you access to their property/land. If no right exists and no agreement can be made, you can apply for an access order from the County Court. There is a fee for this application and we advise that you consult us at this point so we can assist you with your submission.

    Shared amenities (for access and repairs) – where multiple properties share facilities; drains, pipes, drives, gardens, paths, roofs etc usage rights and maintenance responsibility can be found in the property’s legal documents. Neighbour consent should be sought at each stage of any work. Where no agreement exists, it’s advisable to agree (formally) in advance to share the cost of maintenance and repairs between owners. A County Court access order can applied for again in this instance if needs be.

    Boundaries – see our previous article about Boundary Disputes.

    Fences/barriers – the existence of fences and barriers is not mandatory on most residential property. Where it does exist, use and repair is down to the owner. Evidence of ownership should be in the property’s legal documents or even receipts of purchase. The owner can do with the fences or barriers as they wish (so long as it doesn’t encroach on the neighbour’s property or land) without the neighbour’s consent. As the owner of said fences and/or barriers, you have no obligation to repair them, unless stated in the title deeds of the property, however you should be careful to avoid antagonising your neighbours or causing a nuisance by not repairing them. Barriers next to a street should be kept in good repair to avoid danger and/or injury to the public for which court action could be taken against you.

    Party walls – if you want to do any structural work to a wall which supports another property, you must notify your neighbour.

    Children/ball games – if damage to your property results from the action of a neighbour’s child you must speak to the parents in the first instance to resolve the matter. It could be that the parent is the one liable for any repair work. If a ball ends up on your property you should allow access to retrieve it or give it back yourself. The ball arriving there is trespass and you could be entitled to compensation for any damage it may have caused.

    Noise – if you have noisy neighbours you should speak them in the first instance. If it continues you can contact their landlord if they are a tenant, the local authority or even the police. You should also keep a diary of the nuisance. If it persists, Environmental Health may become involved.

    Parking – you have no rights to park in a particular space on a public road, it is just that, public and anyone my park outside your property whether you like it or not. However, you must always have access to your drive, even a shared one. A vehicle parked illegally which is blocking this access can be removed by your local authority or the police.

    Trees/hedges – you can ask your neighbour to prune back to the boundary any trees on their property that infringes yours, and visa versa. Your local authority has certain rights to do this if you/your neighbour refuses and they can reclaim the costs from the owner. Similarly, if tree roots are (or may) causing damage to a property, you can ask the owner for access to remove them. This is more important than it sounds as roots could cause damage to your property and result in issues with buildings insurance.

    What to do about neighbour disputes

    There are many courses of action you can take when dealing with neighbour disputes. All start with speaking to your neighbour first and trying to reach an agreement between yourselves. This is the quickest, least expensive and least stressful option. Next step is to contact the landlord if your neighbour is a tenant. Your local authority or council is the next port of call. Their planning department is the one you need for property disputes. The police can be informed in the last instance if all other methods have failed or in particularly severe cases. Abusive or discriminatory disputes should always be referred to the police.

    We suggest you speak to our civil litigation team as soon as you can see communication with your neighbour is turning sour. Our specialist neighbour dispute solicitors can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Please call the Oldham office on 0161 624 6811. You can reach the neighbour disputes Todmorden team on 01706 815 712. You can use our online enquiry form if you prefer and one of our team will get back to you.
  • Client Reward Scheme

    Client Reward Scheme

    At Wrigley Claydon, we operate a client reward scheme whereby we reward clients with a cash payment if they refer a new client to us.

    We hope you will be satisfied with our service enough to refer us to your friends, family, colleagues and neighbours. Each time you do so, and once we accept the case, we will pay you £50. The more you refer, the more you will earn. There is no limit on this. For a Will making referral we will pay £25 however, Legal Aid and Personal Injury claims are not eligible for the reward scheme.

    We give out the attached leaflets to our clients at the start and end of each case. Please contact us for more information on this scheme. Call 0161 624 6811.
  • Flight Compensation

    Flight Compensation

    As the holiday season takes off and millions of holidaymakers take to the skies over the summer months for the annual family holiday, a change in the law could see many benefit from the ultimate holiday stress-maker, flight delays.

    Passengers hit by long delays due to technical faults with planes will be entitled to claim compensation following a landmark court ruling after the Supreme Court refused an appeal by Jet2.com Limited.

    Airlines avoided paying out if the jet had a mechanical or electrical problem by arguing it amounted to ‘extraordinary circumstances’ beyond their control. It was held that technical faults do not count as events beyond the airline’s control – unlike terrorism, strikes, air traffic control problems and freak weather. The decision has opened the floodgates to compensation claims dating back six years.

    Under the current compensation regime, which applies across the EU, you can make a claim if a flight has been delayed for at least three hours and the airline has no legitimate excuse.

    Just how much you can claim depends on the length of the journey, rising from 250 euros (£201) per person on short haul flights to a maximum of 600 euros (£483).

    If you suffered a delay to your flight due to a technical fault then Wrigley Claydon can help you obtain flight compensation that you deserve. Please call us on 0161 624 6811 to speak to a specialist.
  • Make a Will Weeks 2015 for Dr Kershaw’s Hospice

    Make a Will Weeks 2015 for Dr Kershaw’s Hospice

    We are once again taking part in ‘Will Weeks’ for Dr Kershaw’s Hospice in Oldham. Our Wills department took part in the initiative last year where we raised £2460.00 for the hospice.

    This time around we are hoping to raise even more!

    From Monday 18th until Friday 29th May 2015, if an appointment is made with us to write a Will we will waiver our fee in lieu of a donation to the hospice. During these two weeks we will ask that £95 be donated for a single Will, and £175 for two mirror Wills, as per our usual charges.

    Making a Will is so vitally important to ensure your assets and belongings go to the people you want them to on your death. They offer peace of mind for you and some comfort to your surviving relatives on your passing. A legally binding Will will avoid further distress to your loved ones at what is already a difficult time. The staff at hospices such as Dr Kershaw’s know all too well the importance of a Will. The work they do is not just palliative care but also to support patients and their families in so many ways. Offering schemes like this to ensure Wills are made is just one example of this.

    To book your appointment to make a Will, please call the Wrigley Claydon Wills department on 0161 624 6811.
  • Boundary Disputes

    Boundary Disputes

    According to gov.uk “most land in England and Wales is registered with general boundaries”. This is the responsibility of the Land Registry who draw up a ‘title plan’ (an official sketch) of any property that is registered with them. This is stored and made available on request.

    Some property owners choose to have more exact boundary information drawn up. This can help avoid any future neighbour or boundary disputes. If you are buying a property your conveyancing solicitor should be able to advise you of any possible boundary disputes, giving you the opportunity to ask the seller for more detail of the parameters of the property. The Royal Institution of Chartered Surveyors (RICS) also advises that you speak to your (new) neighbours to identify exact boundary positions and responsibility for maintaining them.

    If you find yourself caught up in a boundary dispute this can be costly, upsetting and stressful. Common disputes are over fence boundaries. No laws exist about which side of the fence, wall or hedge you and your neighbour are responsible for. This is why we suggest following the RICS advice and draw up an agreement with your neighbours, before any dispute arises.

    If an issue does crop up there are a number of ways to resolve it. In the first instance you should try to talk to your neighbour to come to an agreement. The next step would be to contact us at Wrigley Claydon. We will advise you of the resolution methods available to you such as mediation.

    At Wrigley Claydon we can assist you with any legal action relating to boundary disputes. Our civil litigation team are experienced at handling these types of cases and can act on your behalf should the case proceed to the Courts. They will explain the steps involved, discuss likely outcomes with you as well as injunctions and damages you can or cannot expect.

    Please call the Oldham office on 0161 624 6811. You can reach the Todmorden boundary disputes team on 01706 815 712. You can use our online enquiry form if you prefer and one of our team will get back to you.