Wrigley Claydon Solicitors

Category: News

  • Top Tips to Commercial Debt Recovery

    Top Tips to Commercial Debt Recovery

    Top Tips to Commercial Debt Recovery
    1. Identify and know your customer
    2. Provide clear terms and conditions for payment
    3. Set an appropriate credit limit
    4. Ensure invoices are accurate and delivered promptly
    5. Provide simple and efficient payment methods
    6. Have a set procedure for chasing late payment
    7. Pick up the phone and be proactive
    8. Resolve genuine problems
    9. Keep a paper trail
    10. Consider Wrigley Claydon’s specialist debt recovery department
    What Our Clients Say About Our Commercial Debt Recovery Services

    “Shalish Mehta is always successful at claiming money back on the Company’s behalf. Once I have passed my notes onto Shalish he completely takes charge of the facts. His experience gives me great confidence. He has had different issues to deal with on behalf of our Company, all very different, and has approached them very enthusiastically and professionally.

    I would highly recommend Shalish Mehta and Wrigley Claydon to any individual or Company requiring services to collect outstanding payments. His expertise in the field of debt recuperation is exceptional. His service is an asset to support any company.”

    Lesley Pollit – Director of Cosy Toes Nursery Limited – Client

    For more information or to speak to our team about our commercial debt recovery services  please call us on  0161 624 6811

    Team: Vijay Srivastava and Shalish Mehta

  • As accident specialists, we launch personal injury campaign to help claimants receive larger payouts

    As accident specialists, we launch personal injury campaign to help claimants receive larger payouts

    We have launched a campaign to encourage people to instruct a solicitor when making a personal injury claim. This is prevent the growing number of people who are settling their claims for much less than they are worth.

    If an injured person uses a solicitor and wins their case, the insurance company will have to pay the compensation to the injured person and the costs of their solicitor. Many insurance companies have been trying to prevent the injured person instructing a solicitor who is an accident specialist, so that the insurance company saves money by paying less compensation and not having to pay the solicitor.

    Litigation and Personal Injury solicitor and accident specialist Vijay Srivastava explains,

    “When a road accident occurs, people always exchange insurance particulars. This means that the insurance company gets your contact details before there is time to instruct a solicitor. When the insurance company recognises that their customer is at fault, they then contact the injured person directly to offer for example to repair their car, arrange for a hire car and pay them immediate compensation (without getting any medical evidence to confirm the extent or the long-lasting effects of the injury), typically in the sum of £1000.”

    Settling straight away can be tempting to the injured person because it is a quick fix, without much hassle and inconvenience, but in many cases the injured person is doing themselves a huge disservice. The reality is that most of these injured people are settling their claims for less than they are worth. Firstly the injured person doesn’t know how much their claim is truly worth (because they are not experts) and secondly the way the courts value compensation based on what your injury is and the longer you have been suffering the larger your claim. Settling your claim on day one generally means you have settled at an undervalue. By not getting any medical evidence you simply don’t know what your injuries are, how long you are going to be suffering for, whether there are going to be any long-term effects and consequently you don’t know how much your claim is worth.

    Always speak to an ‘Accident Specialist’

    Vijay comments,

    “We are currently running a case where an insurance company offered £1000 to our client. Our client refused to accept this amount and instructed us. We value the claim in excess of £20,000. We have another case where the insurance company offered our client £1000. He did not accept that amount but instead instructed us. We value the case in excess of £50,000 and consequently the insurance company has now increased their offer to £10,000. We are also dealing with a case where our client was offered £1000. He did not accept it and instructed us. Our investigation of his medical condition and the obtaining of the appropriate medical reports (including a report from a neurologist) showed that the accident had caused damage to blood vessels leading to his head which now cause him dizziness. He has a manual job which involves a lot of bending, consequently he is unable to perform his job any more. His claim will be worth significantly more than £1000.”

    For more information or to speak to one of our accident specialists about a possible claim please call us on  0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • 700% increase in Will Disputes

    700% increase in Will Disputes

    The number of people choosing to challenge a Will has reached an all time high. Recent High Court figures show that there has been a 700 per cent increase in High Court actions challenging wills over the past five years, while the number of wills declared invalid has almost doubled.

    High profile Will Dispute, Bernard Matthews case

    A high profile example of Will Dispute is the case of Bernard Matthews, famed for his turkey empire. He left his £12 million Saint Tropez villa solely to his French mistress and a £30 million share, of his £40 million estate to his biological heir. His three adoptive children successfully challenged this in the High Court.

    Do you have grounds for a Will Dispute?

    Shalish Mehta, our litigation specialist stresses that if you think you have grounds for complaint then it is important to move quickly, preferably before Probate is granted. “The longer you take to lodge an action the weaker your case may be when it comes to court. Normally an application under the Inheritance Act 1975 will need to be made within 6 months of the Grant of Probate being made. There may be some circumstances when the Court may be prepared to extend the time limit.”

    Shalish highlights what to consider when making a Will Dispute:

    IS THE WILL VALID?
    A Will won’t be valid if: –
    • It is not signed and witnessed properly
    • The person making the Will did not have mental capacity to make a Will.
    • It was made under undue pressure

    THE WILL MUST BE SIGNED AND WITNESSED
    A Will can usually be made only by someone aged 18 years or over. Wills usually have to be in writing and signed by the person making the Will in the presence of two witnesses who are not going benefit from the Will. The witnesses should also not be married to anyone who will benefit from the Will. Whilst the Will might still be valid in these circumstances but the gift might fail.

    THE PERSON MAKING THE WILL WAS MENTALLY CAPABLE
    They must be capable of understanding that they were making a Will and disposing of their assets on death. They must also be capable of understanding the extent of the estate. Capacity may be lacking because of mental illness; commonly Alzheimer’s disease or other forms of dementia.

    UNDUE PRESSURE
    The person making the Will should not be under pressure or duress from any other person to write their Will in a particular way.

    FRAUDULENT OR FORGED WILLS
    Fraud can take a number of forms. For example, you could have been left out of a Will because another person made misrepresentations about you to the deceased. Another example of fraud is where the person who drafted the Will for the deceased left a large portion of the estate to himself without the deceased knowing. Where you suspect there may be fraud the Will can be contested.

    INADEQUATE PROVISION FOR YOU IN THE WILL
    Certain people can still challenge a valid Will if it fails to make reasonable provision for them. The Court has the power, under the Inheritance (Provision for Family and Dependants) Act 1975 to ensure that they are provided for.

    WHO CAN CHALLENGE UNDER THE 1975 ACT?
    There are seven categories of people who can challenge a Will: –

    • A spouse of the deceased
    • A civil partner of the deceased.
    • A former spouse of the deceased who hasn’t remarried
    • Children of the deceased
    • Stepchildren of the deceased
    • A partner who lived with the deceased for at least two years prior to the death
    • Any other person who immediately before the death was being maintained, either wholly or partly by the deceased
    For more information or to speak to our team about a Will Dispute please call us on  0161 785 3534.

    Team: Shalish Mehta

  • Neighbour Disputes Reach Boiling Point

    Neighbour Disputes Reach Boiling Point

    As a nation we are complaining more and becoming less willing to compromise. Wrigley Claydon Solicitors say this is evident with the increasing number of neighbour disputes which they are helping to resolve.

    You don’t have to be going through a bitter divorce or family rift to be involved in regular disputes these days. All you need is a disagreement over who owns a four-inch strip of land and you can be at loggerheads for years with your neighbours. As well as causing you heartache, such fights can cost you dearly and even make your house unsaleable.

    Our litigation specialist solicitor, Shalish Mehta comments,

    “The main causes of disputes are entrenched attitudes, a higher expectation of quiet, incompatible lifestyles with neighbours, lack of modern sound insulation and more powerful sound equipment.Boundary disputes over tiny bits of land can flare up when triggered by another cause such as leaves from one’s tree falling into a neighbour’s garden or a disagreement over parking.”

    HOW TO AVOID NEIGHBOUR DISPUTES

    If you want to prevent boundary disputes you should get an exact map of your land and borders drawn up by a surveyor when you buy a property.

    Be very much on your guard if the person you buy your house from says there is an ongoing dispute with the neighbours. There is a standard declaration for vendors to alert you to this, and if they conceal a problem they are guilty of misrepresentation and may have to subsequently reimburse buyers for any costs incurred as a result.

    Also look at the terms of your lease if you have one. You will see that in many cases floors have to be carpeted and you will be breaking the terms of the lease if you strip them down to the wood.If you have any plans to sell up in the near future think twice about starting a row with your neighbour.

    MAKING A COMPLAINT

    If you do make a complaint and then disclose it, we would usually advise potential buyers to not complete the purchase until the issue is resolved. However, if you live next to a fanatic the issue may never be resolved.

    Even complaining to your local environmental health officer could leave you in a similar position. Of such complaints, about one in six eventually leads to an officer issuing an abatement order, and getting to that stage can take months as you have to prove the problem is a continuing one and not just a one-off.

    Should you find yourself embroiled in a dispute with a neighbour, Shalish outlines how to proceed:

    • MEDIATION

    One solution would be to mediate. The process starts when one party approaches the Mediation Service. A mediator will then pay you a visit, talk the issues over with you and approach the other party, usually by letter. Parties can then choose to have either “face-to-face” or “shuttle” mediation, where the mediator acts as a go between.

    Once an agreement – either verbal or written – is reached, the mediator backs off. They check back in a month to make sure the agreement is holding up.

    Mediation services can be free if funded by councils or charities, but it depends where you live. If they are not free the cost will be around £1000.00 without the use of lawyers. Both parties must reach agreement about splitting the cost early on, but either way it is, as far cheaper than going to court.

    • COURT

    Taking someone to the County Court is expensive and time consuming.

    If you are determined to proceed to court then consult an experienced solicitor such as Wrigley Claydon. We will discuss with you various ways to fund your claim including purchasing legal expenses insurance whereby an insurer may agree to fund part of your claim subject to your claim having a reasonable prospect of success.

    For more information or to speak to our team about neighbour disputes please call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • Traffic Accident Compensation

    Traffic Accident CompensationPrime Minister, David Cameron says that he wants to reduce car insurance premiums by putting an end to the traffic accident compensation culture.

    Consultation was launched last year after figures revealed a 60 per cent increase in the number of personal injury claims related to road accidents since 2006. Whiplash claims in 2010 are estimated to have cost £2 billion, or £90 per car insurance policy.

    Justice Secretary Chris Grayling said,

    “The UK’s growing traffic accident compensation culture has been pushing up the cost of insurance, making it more costly to drive a car or organise events. It’s time the whole system was rebalanced.”

    Wrigley Claydon Partner, Vijay Srivastava heads up the Litigation team where he has worked for over 20 years, amassing a wealth of experience. Many years ago, Vijay was appointed to the Law Society Personal Injury Solicitor Panel as a specialist in injury claims.

    His Comment on Traffic Accident Compensation:-

    As a car driver himself, Vijay accepts that car insurance premiums have risen considerably and he welcomes anything that can be done by the insurance companies to reduce those premiums.  However if you were involved in a car accident and for example fractured your leg, just consider whether you would be able to walk, bathe, drive, work, shop, dress, cook, look after your family, play sport or sleep comfortably.  The reality is that you would struggle to do all of these things.  In those circumstances isn’t it right that the innocent party is compensated for the pain and suffering that has been caused by the negligence of another party and in those circumstances is it not right that an Insurance Company that has collected premiums from the negligent party should pay out an appropriate amount of money to reflect the pain and suffering you have undergone?

    For more information about traffic accident claims or to speak to our team about a possible claim please call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • Personal Injury Claims, Occupiers Liability

    Occupiers Liability requires that the person (an individual, an organisation) in possession of premises owes a duty of care to those who come on the premises and must take reasonable care to protect them from harm that might come through their programs, on their premises or at the hands of a third party on the premises.

    If for example you slip in a Restaurant you can bring a claim because the owner of the Restaurant (the occupier) has a duty to make sure you are reasonably safe whilst visiting their premises.

    These claims cover accidents where you have been allowed to enter a building or land which is owned by someone else. Whilst in the building or on the land you are then injured due to something they have done (for example – left an obstacle in the way that you tripped over) or something they have not done (for example failing to put a handrail on the staircase).

    Occupiers Liability  Case Study 1

    Our Client fell down the unsafe stairs in her flat and through a glass panel. She suffered a pelvic injury, cracked ribs, cuts and bruises to her face and depression.

    We successfully recovered £18,250 compensation for her pain and suffering and a further £3,250 for her out of pocket expenses.

    Notes:

    Some buildings are just unsafe, and a landlord can be liable for any injury caused.

    It cost our Client nothing to pursue the case. Nor was she at risk. We bought insurance to cover her potential liability to the defendants if she lost, and the risk born by us of losing was covered by a sum added to the costs paid by the defendant.

    (The value of the compensation claim was correct at the time of settlement. The value would be higher if settled today).

    Occupiers Liability  Case Study 2

    The Claimant was having lunch at a local supermarket cafeteria when she was struck by a shard of material from a piece of crockery which had fallen from an overloaded tray being carried by an employee of the supermarket. The shard struck the Claimant to the rear of her right heal causing a wound and significant bleeding.

    She was taken to Casualty where her wound was cleaned and five stitches where inserted. X-rays confirmed that there were no further foreign bodies left in the wound.

    The stitches were removed seven days later but after that the wound split open and was infected. Paper stitches were applied and antibiotics prescribed.

    As a result of the accident her sleep was disturbed and she experienced a significant lack of mobility.

    The medical report confirmed that due to the lack of mobility she was experiencing stiffness in both legs and having to use a stick to get about. Accordingly a short course of physiotherapy was arranged. The Claimant’s symptoms resolved fully within twelve months.

    The Claim was settled for £3,000.00 compensation for the accident claim.

    (The value of the compensation claim was correct at the time of settlement. The value would be higher if settled today).

    For more information or to speak to our team about a possible claim please call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • 10 Top Tips on Commercial Leases

    Commercial law can be complicated, here are our top tips on making sure things go smoothly.

    1. Location

    Before you enter into negotiations consider whether the property is right for you. Speak to a surveyor to make sure you are not paying over the odds for a property in that location. Also make sure that the Landlord and the local planning regulations permit you to use the property for your desired use.

    2. Term

    When negotiating on the length of a lease term you should assume that you will be liable for the entire term. It sounds obvious, but do you really want to be committed to pay rent in the property for the next 10 years, whether or not your business is doing well? Do you have protection under the Landlord & Tenant Act?

    3. Costs

    Landlords will sometimes request that you pay their legal fees for entering into a lease with you. This is not something you have to agree to and is a matter for negotiation.

    4. Guarantors

    A Landlord may request a guarantor to the lease, especially where the tenant is a limited company. A guarantor will guarantee a tenant’s performance of a lease and is liable on the same basis as the tenant.

    5. Rent Deposit

    Landlords may request a deposit upon commencement of a lease to cover the possibility of a tenant default. Consider whether you wish to negotiate that such a deposit is released before the end of the lease e.g. after 1 year or when you can provide accounts showing annual turnover three times greater than the rent.

    6. Break Clause

    Do you want the ability to bring your lease to an end early? By including a break clause you can have the right to do so at specified times during the term of your lease.

    7. Alienation

    Are there going to be any restrictions to your ability to ‘transfer’ the lease? Leases often include restrictions that do so, which could make it very difficult to dispose of your lease should you wish to do so before the term has ended.

    8. Security of tenure

    Leases for business purposes generally attract ‘security of Tenure’ under the Landlord and Tenant Act 1954. ‘Security of Tenure’ means that you have an automatic right to renew your lease at the end of its current term (subject to some exceptions) should you wish to. Check whether your lease going to be excluded from these provisions or not.

    9. Repair

    This is the most important element of negotiations to get right. Decide whether you are happy to have an open ended obligation to put a property back into repair (whether or not it was in repair when the leases starts) or whether you would like the obligation limited by reference to a schedule of condition

    10. Finally

    Take advice from a Solicitor.

    If you would like further information or to talk to us about commercial law please call us on 0161 785 3521.

  • Medical Negligence Claim

    If you have been unlucky enough to suffer from medical negligence the results can obviously be catastrophic, ranging from minor inconvenience to death.

    Medical negligence occurs when you have suffered unduly from the malpractice of a medical practitioner which can come in the form of things like misdiagnosis, wrong treatment, clinical malpractice, botched surgery, and a host of other negligent practices.

    Usually when the term ‘medical negligence’ is used; most people think a doctor is at fault however, medical negligence stretches across healthcare professionals such as nurses and dentists.

    Dental negligence is considered if there is irreparable damage or injury to the gum and teeth sustained as a result of a misdiagnosis or botched dental procedures.

    But what do you do if you think you have a dentist malpractice claim?

    The next step is to decide whether you wish to make a case of your complaint. You may think that accountability needs to be forced home; you may hope for the same malpractice never to happen again, and you may feel rightly entitled to some form of monetary pay out for your discomfort.

    You can receive information on whether to pursue a medical and dental negligence claim from a reliable solicitor’s office and you will find a host of these on the net. Particularly useful are sites that guide you through the legal process as this takes away some of the trepidation inherent in making a legal claim.

    Look for decent accredited solicitors which are privy to medical expertise and have experience in the area of law you are pursuing. The solicitor will firstly take the information of your potential claim and tell you if you should proceed.

    If so, you and your solicitor will then construct your medical negligence claim with any diaries or records as well as your official medical records. This claim will be sent to the defendant and they will decide whether to refute the claim or offer an out of court settlement.

    Some medical negligence claims will be decided this way and others will be decided in a court of law.

    For more information or to speak to our team about a possible claim please call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • Do I need a divorce lawyer?

    Deciding that your marriage is over is a hard decision to reach. In addition to your personal feelings there maybe children or other family members who will be affected, and wider financial implications to consider.

    Once you are sure that a permanent split is the only way forward, seeking professional legal advice from a divorce lawyer is recommended.

    If you are ready to proceed here are our top tips from our Divorce Lawyers to help you get started:

    1. If you both accept the marriage is over then this will make the process easier. Try and get the other party to co-operate.
    2. Get hold of your marriage certificate or an official copy.
    3. Make sure you have the correct address for your spouse.
    4. Try and agree some arrangements for your children.
    5. Choose your timing carefully. Is getting a divorce the priority or is it really sorting out the arrangements for the children or finances?
    6. Choose your ground for divorce carefully for a smoother process – eg it may not be worth alleging adultery if it is not admitted.
    7. If using the behaviour ground, do you really need to throw in the kitchen sink as well? Think what you really need to say and don’t over-egg the pudding.
    8. If possible, sort out and agree how the legal and court costs are going to be paid and by whom. Are they to be shared in some way?
    9. Don’t just apply for the decree absolute at the first opportunity without considering the financial implications, particularly if financial matters have not yet been resolved. Remember that the divorce only changes your marital status and does not in itself resolve or conclude any financial arrangements.
    10. Make a new will to reflect your changed circumstances – you don’t have to wait for the final decree (decree absolute) to do this.
    If you would like further information or to talk to a Divorce Lawyer at Wrigley Claydon please call us on 0161 785 3521.

  • What we do as your probate solicitor after someone has died

    Probate SolicitorDo I need a probate solicitor?

    When someone dies, someone needs to sort everything out. Death is a major event which has consequences that need to be properly handled on behalf of the deceased. Probate is the legal authority conferred upon someone to carry out the administration of the estate.

    The ‘estate’  includes;

    • money, both cash and money in a bank or building society account. This could include money paid out on a life insurance policy
    • money owed to the person who has died
    • shares
    • property, for example, their home
    • personal possessions, for example, their car or jewellery
    As your probate solicitor these are the services we can provide;

    1. Register the death with all the relevant authorities without the need for you to obtain numerous death certificates and contact numerous authorities.

    2. Obtain the official document called a grant which authorises a named individual to administer the estate for example close bank accounts and encash insurance policies held by the deceased.

    3. Our application for a grant as a probate solicitor will be dealt with in priority to an individual’s application.

    4. Deal with the inland revenue on your behalf.

    5. Ensure monies are paid out to the correct beneficiaries – identification can be problematic especially if there is no will. we are fully insured.

    6. Arrange for property to be transferred following a death or deal with its sale.

    It is always best to get legal advice from a probate solicitor.  We are an experienced firm who understand and are able to deal with all possible aspects that can arise on someone’s death.

    For more information or to speak to one of our probate solicitors Rachel Damianou or please call us on  0161 624 6811.