Wrigley Claydon Solicitors

Category: News

  • 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.
  • Winter safety tips from your Oldham personal injury solicitor

    Winter safety tips from your Oldham personal injury solicitor

    Slips, trips and falls are the most common types of accident in life generally and, thankfully, the consequences of many falls on snow or ice are simply minor bumps and bruises.

    In previous years however, thousands of people have been admitted to hospital after suffering more serious injuries after falls during wintry weather. Figures from the Hospital Episode Statistics for England show there were 4,314 admissions to hospital in 2011/12 as a result of people falling over on snow or ice.

    The consequences of a fall can be more serious for older people.

    Winter safety tips during times when pavements and footpaths are covered in snow and ice:
    • Wear sturdy footwear, with a good grip
    • If you’ve got Nordic walking poles (or similar), use them
    • Take it slowly
    • Allow yourself extra time to get from A to B, so you don’t find yourself having to make a last minute dash to get to the bus etc.
    • Keep an eye on what is underfoot. Some places will remain icy for longer than others (e.g. places that do not get the sun)
    • If you have neighbours who are elderly/disabled/new mums etc. offer to pop to the shops for them
    • If councils have provided grit bins so people can treat public areas not included on the usual gritter route, use them – but don’t remove vast quantities for your own personal use.
    • Remember – as well as slips and trips on pavements and in public places, many people fall over on their own footpaths and driveways. Take care in these places too.

    If you unfortunately do find yourself the victim of a slip or fall perhaps because a shopkeeper failed to keep his or her entryway free of ice during the winter then you are entitled to make a personal injury claim for compensation.

    Please contact Wrigley Claydon, your Oldham personal injury solicitor, to discuss how we can assist you. Call 0161 785 3534.
  • New rights for consumers against misleading and aggressive commercial practices

    New rights for consumers against misleading and aggressive commercial practices

    A new set of rights for victims of misleading and aggressive commercial practices came into force on 1st October 2014. Whilst it has been an offence for businesses to use these kinds of tactics since 2008, there has been no recompense for consumers who feel they have been victims.

    The Consumer Protection Regulations 2014 give consumers new rights to take civil actions to try and get compensation on goods or services received on or after 1st October.

    A misleading commercial practice is one which contains false information, or is likely to deceive the average consumer in its overall presentation. An example might be the promise of certain benefits from buying a particular product or service that are in fact false, download speeds of an Internet provider for example.

    An aggressive commercial practice is one which significantly impairs the consumer’s freedom of choice through the use of harassment, coercion or undue influence. A pushy door-to-door salesman who convinces a vulnerable person to sign up for a product or service they do not need by using unfair language and persuasive tactics is an example.

    According to the Department for Business Innovation & Skills the new rights will introduce:

    • a new 90 day period for victims to get out of a contract. Beyond this period consumers will still be able to get a discount on the price paid, as much as 100% depending on the actions of the trader. At present there is no right to a discount. Consumers can currently seek damages in the civil courts but it is extremely complex
    • a right to damages for any additional losses or stress suffered as a result of the actions of the trader
    • a brand new right to take personal action through the civil court for misleading or aggressive demands for payment, for example aggressive or misleading debt collection. At present there is no legislative right for consumers to do this

    Consumer Affairs Minister Jo Swinson said:

    The vast majority of businesses treat consumers fairly and provide a great service. However, a few bad apples have damaged the reputation of good business, broken the law and treated customers as a cash cow.

    This is why we are providing consumers with new powers to challenge rogue businesses and giving people the confidence to take action when they have been bullied or misled.

    If anyone thinks they’ve been bullied or misled into buying something the best thing to do is try and sort the issue out directly with the company and if that doesn’t work then contact Citizens Advice on 08444 111 444. They are an excellent source of advice and guidance.

    For more information or to speak to a civil litigation solicitor please call us on 0161 785 3534.
  • 80% don’t make personal injury claims

    80% don’t make personal injury claims

    One in four adults has suffered a recent personal injury or accident, but only 20 per cent have made a claim.

    Following an accident, you may want and be entitled to make a personal injury compensation claim through an personal injury claims solicitor.

    As many as one in four adults have suffered from a personal injury or accident within the last five years, yet only 20 per cent of those have actually gone on to make a claim.

    According to Personal Injury 2012 – a piece of research carried out by YouGov into the personal injury claims market – that’s leaving millions of pounds compensation un-claimed every year.

    The report shows that road traffic accidents (RTAs) make up the majority of personal injury claims (50 per cent), while accidents in a public place ‘shop premises, public highways etc’ (excluding RTAs) account for 21 per cent and accidents in the workplace account for 16 per cent.

    If you have been involved in an accident and it was your own fault, then there are no grounds to make a claim.

    However, if you were involved in an accident which was someone else’s fault then you could make an accident claim for compensation with an personal injury claims solicitor. The money received can help cover any expenses which have resulted from your accident.

    When you make a claim, it doesn’t necessarily need to be against another person, it could be a business or organisation such as a council or hospital.

    You have a good case if the other party was in some way negligent, and that was a factor leading to your accident.

    At Wrigley Claydon we work with people who have been involved in all kinds of accidents, but the most common are road traffic accidents, accidents at work, slips, trips and falls.

    We will work with you to get you the compensation you deserve. Talk to one of our personal injury claims solicitor on 0161 624 6811.
  • Negligence case win for Oldham personal injury lawyers

    Negligence case win for Oldham personal injury lawyers

    Our client slipped on cobbled stones. The cobbled stones had not been maintained properly by the local authority and consequently weeds and moss had grown and the cobbled stones had become dislodged. Our client suffered with ruptured tendons to both legs which led to restricted mobility and absence from work.

    As Oldham personal injury lawyers we recovered £21,500 for our client.

    If you’ve had a slip or a trip in a public place, your first feeling might be embarrassment which is completely natural. You might instinctively want to just forget about it, despite having suffered an injury.

    We understand that a fall in public isn’t the sort of thing most people want to dwell on but we recognise that in many cases the fall might not actually be your fault.

    We tend not to think of public roads and walkways as belonging to anyone and therefore it might seem like nobody is responsible for looking after you, but public roads and footpaths fall under the jurisdiction of local authorities who have a duty of care to provide for members of the public.

    It might be worth having a close look at what caused your fall as you might have grounds to claim compensation.

    Councils have an obligation to try and ensure our safety. Accidents can often happen when there are uneven paving stones, unmarked holes on the roads or if a railing is unstable or missing alongside a difficult walkway.

    It’s the council’s responsibility to take adequate safety measures to prevent accidents, which includes regular checks for any potential hazards. When you tripped were there signs in place to give you significant warning of a threat?

    Common footpath injuries usually occur in the shins and knees or in the wrists and elbows if you’ve tried to break your fall. Following a slip or a trip it’s worth consulting your general practitioner or any other healthcare professional, for instance in a nearby accident and emergency ward, to inspect whether you’ve incurred an injury.

    If you have had an accident and it seems that more could have been done to prevent it, then you might have grounds for a claim. Talk to us, we are experienced personal injury lawyers.

    Give us a call on 0161 785 3534 for advice about claiming for a trip in public and we can guide you through the process.