Wrigley Claydon Solicitors

Category: News

  • Should you be influenced by hospital advertising by personal injury solicitors?

    In recent times certain members of the government have made calls for hospitals to stop personal injury solicitors from advertising in NHS hospitals. They want patients to have the time and peace to recover rather than being diverted by thoughts of claiming compensation.

    As a reputable Personal Injury Solicitor and Partner at Wrigley Claydon Vijay Srivastava comments:-

    Vijay’s family is steeped in the medical profession going back many generations and therefore appreciates the sensitivities of this issue and the need for clinical care to be the primary concern of all patients in hospital including those who have been injured.

    I suspect that the individuals from the Government making these calls want to prevent patients from thinking about suing the hospital that is treating them if the treatment goes wrong. However, we understand that most solicitors who advertise in hospitals are banned from bringing clinical negligence claims against the hospital in which they advertise in.

    It is possible that the Government representatives are in some small way trying to reduce the concept of the compensation culture.

    Vijay does not advertise his services as a personal injury solicitor in hospitals and is fortunate that his clients seek him out having been referred to him by friends and family whom Vijay has acted for in the past. However, Vijay would favour a ban of solicitors adverts in hospitals as it is important that people who have been injured choose their solicitors carefully based upon reputation, experience and recommendation rather than the size and location of an advert. Whilst Vijay is a whole hearted supporter of the NHS on the rare occasions when clinical negligence occurs, Vijay has successfully represented clients in bringing claims against the hospital where the treatment has gone wrong due to the negligence of the clinicians.

  • The Green Deal for residential properties

    The Green DealThe Government has recently introduced an initiative called The Green Deal, which is designed to reduce carbon emissions and save energy in the home.  The premise is that, if residential properties can be better insulated and have other energy efficiency improvements made to them, then energy demands will be reduced.

    The Green Deal allows property owners to pay for the energy improvement measures with no up-front payment.

    The idea is that the installers will install the appropriate energy enhancing measures (e.g. cavity wall insulation, solar panels, boilers etc.) at their cost.  The householder will then repay the cost (together with interest fixed for the period) over many years, using the savings made through their reduced energy bills.  The Green Deal repayments will be incorporated within the utility bills, which should be below the actual cost of the energy bills prior to the works being carried out.

    The Government’s policy is to ensure that consumers are protected at all stages.

    The works must be completed by registered installers who will be required to obtain the necessary planning and building regulations consents for the works being done.  If the owners of a Green Deal property plan to sell or rent their property then there is a duty to disclose the existence of the Green Deal and its financial implications.  The basic intention is that this will be achieved by disclosing the Green Deal in the Energy Performance Certificate.  If a Green Deal is not disclosed, then a new owner or tenant can challenge the obligation to repay, which may then leave the debt with the seller or the landlord.

    If you have any questions or would like to discuss The Green Deal further with a conveyancing solicitor please call Gary Burns on 0161 624 6811, gb@wrigleyclaydon.com at the Oldham office or Emma Piszkalo on 01706 815712, ep@wrigleyclaydontod.com at the Todmorden office.

  • Cuts to Legal Aid for Family Law

    Today marks a huge change in the way in which legal advice is funded for families from family lawyers.

    From today, 1st April 2013, those on a low income going through divorce and separation or experiencing difficulties with issues relating to their children, will no longer automatically be eligible to receive Legal Aid to pay for family lawyers.

    Only those cases involving domestic abuse, forced marriage, child abduction or care proceedings, will be eligible for Legal Aid, and only then, after strict criteria have been met.  If couples wish to resolve their dispute then they will either need to fund their own legal action or represent themselves.

    Those who sought public funding before 31st March 2013 will be entitled to continue with their matter using Legal Aid after this date with Wrigley Claydon’s family lawyers.

    Head of the Family Department at Wrigley Claydon Solicitors in Oldham, Jill Walker, says,

    “These changes will have a big impact on the cost of legal advice for many couples.  People who would previously have sought assistance from the Government to help them fund family disputes will no longer have this financial assistance available.”

    To make the funding of  family lawyers more affordable, Wrigley Claydon have introduced a range of fixed fee packages.

    “More clients are looking for cost certainty and want to know exactly what a service will cost before they instruct us to carry it out.”

    Initial free consultations can be arranged to discuss these packages and a free advice clinic for family clients is available at the Oldham office each Wednesday from 12 noon until 4pm.

    If you would like further information or to talk to one of our team of family lawyers at Wrigley Claydon please call us on 0161 785 3521

  • Finding the right Conveyancing Solicitor for you

    You may think that there is little difference between one Conveyancing Solicitor and another. The cost of conveyancing and the quality of service can, however, vary greatly.

    You may have also considered to carry out conveyancing process yourself, this is a high-risk strategy and not some thing we would recommend. Do you have the skills, knowledge and experience? It’s likely the answer is no.

    So what does a Conveyancing Solicitor actually do?

    Your Conveyancing Solicitor should provide a service which is designed to safeguard your interests to make sure that your sale or purchase proceeds as smoothly as possible.

    There are many reasons why delays can occur in the conveyancing process such as problems on survey, the wait for local authority searches, broken chains etc. It is often the failure to communicate these which causes frustration and confusion. Your conveyancing team should keep in touch with you at every stage of the transaction.

    SELLING A PROPERTY

    • Prepare an up-to-date redemption figure for your mortgage.

    • Redeem the mortgage and send the net proceeds of the sale to you (or put them towards the purchase of your new property).

    BUYING A PROPERTY

    Buying a property is more complicated, because here we will be seeking to ensure that what you buy does not involve you in unforeseen disputes over rights of way, boundaries, fences, restrictive covenants, road charges or other legal entanglements. We will do a Local authority search to establish whether or not there are to be any public works affecting the property (such as motorway schemes) and whether there are any planning restrictions .

    The information obtained relates only to the property being purchased and not to the neighbourhood in general. After receiving the contract from the seller’s solicitor, we will check through the documentation and raise any specific queries.

    The next steps are:-

    The legal processes involved in selling a property are relatively straightforward. It is our responsibility to :-

    •Obtain the Deeds from your mortgage lender.

    •Send a draft contract to the buyer’s solicitor.

    •Agree on a completion date.

    The Process

    1. SURVEYOR’S REPORT

    Your lender will appoint a surveyor to determine the value of the property. It is not a full structural survey and it is not certain to uncover defects in the property. If the property you are buying is not newly-constructed, we would recommend that you appoint a surveyor to prepare a full report. If significant defects are found, it may be possible to negotiate a lower price with the seller.

    2. RECEIPT OF MORTGAGE OFFER

    Your bank or building society will send written confirmation of the mortgage advance.

    3. EXCHANGE OF CONTRACTS

    This takes place after the full deposit (usually 10% of the selling price) is paid. Once contracts have exchanged, the sale is legally binding. We will then settle a completion date.

    4. RECEIPT OF MORTGAGE FUNDS

    We receive the funds from your bank or building society to enable you to purchase the property.

    5. COMPLETION

    The full purchase price is settled and ownership is transferred to you

  • What is Civil Litigation?

    Oldham SolicitorsThis area of law revolves around the resolution of disputes. The disputes can be between individuals, families or commercial organisations.

    Civil litigation is a legal dispute where one party is seeking money damages or specific performance rather than criminal sanctions.

    Whether you are a business or an individual unfortunately disputes do arise and debts remain unpaid.

    The Civil Procedure Rules allow an opportunity for resolving disputes without going to court. If court proceedings have to be issued our solicitors competently and systematically deal with the considerable paper work and procedural issues within the Litigation process to bring the case to trial whilst always looking for ways to strengthen the case both evidentially and tactically as well as negotiating; thinking laterally to explore avenues to resolve the case, narrow the issues or avoid a costly trial.

    The cases Wrigley Claydon, your Todmorden and Oldham Solicitors can help you with:

    • Breach of Contract

    • Property Disrepair Claims

    • Defective Goods and Services Claims

    • Construction and Building Disputes

    • Unpaid Invoices and Debt Liability

    • Professional Negligence Claims

    • Landlord and Tenant

    • Intellectual Property

    • Defamation and Libel

    • Neighbour and Boundary Disputes

    • Property Litigation

    • Wills and Probate Claims

    • Partnership Disputes

    • Business Lease Renewals

    We have solicitors both at our Todmorden and Oldham offices who specialise in civil litigation. They work efficiently and methodically, gathering evidence early, analysing the issues involved and advising on the cost effective way of resolving the dispute.

    Throughout this whole procedure we constantly try to support our clients to the best of our ability knowing you are experiencing a challenging and often frustrating time in your life.

    As your Todmorden and Oldham Solicitors we strive to provide a high quality legal service to the people and businesses of our area and wider community.

  • Neighbour Disputes

    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, and as well as causing you heartache, such fights can cost you dearly and even make your house unsaleable.

    “There is a definite increase in claims in neighbour disputes” says Frankie Nicholson of insurer Norwich Union.

    As a nation we are complaining more and becoming less willing to compromise.

    Why so many disputes these days?

    We find 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.

    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.

    Top Tips from your Todmorden and Oldham Solicitors in keeping the peace!

    • 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 the situation does get nasty try to negotiate with your neighbours.
    • Taking someone to the County Court is expensive and time consuming. 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

    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.

    Going to Court

    If you are determined to proceed to court then consult an experienced solicitor. They will discuss with you various ways to fund your claim including purchasing legal expense insurance whereby an insurer will agree to fund your claim subject to your claim having a reasonable prospect of success.

    If you have any plans to sell up in the near future think twice about starting a row with your neighbour.

    If you do make a complaint and then disclose it, solicitors 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, only 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.

    And if we eventually get a summer, windows will be open and people will be out in their gardens – two of the main ingredients in increasing neighbourly friction.

    What Our Clients Say About Us

    “I always found him to be very professional and knowledgeable. He
    was able to communicate well and had a very good understanding
    of the issues needed to be addressed with excellent results.”Ash Hussain- Client

    If you have any questions or would like to discuss a neighbour dispute call Shalish Mehta on 0161 624 6811 or email sm@wrigleyclaydon.com.

    Wrigley Claydon are Todmorden and Oldham Solicitors experienced in dealing with neighbour disputes, we can help you resolve your problem minimising the stress and hassle for both parties.

     

     

  • Making a Will

    Surveys carried out by www.which.co.uk show that half of the population does not have a Will. Furthermore, people put off making a Will, often until they are in their 50’s. This leaves a sizeable number uncovered, not to mention those who die young.

    Making a Will lets you leave clear instructions about how your estate is to be distributed.

    Without a Will, distribution of your estate is directed by the Intestacy Rules. This may not be what you want e.g. your spouse may not receive as much as you would want and unmarried partners would receive nothing.

    Making a Will allows you to say exactly who receives what and who will be appointed to administer your estate. You have the opportunity to leave a legacy to friends and charities. If you have remarried, a Will can ensure any children from your first marriage receive a share of your estate.

    In short, making a Will relieves some of the stress and worry experienced by your family at a time of bereavement. The process need not be complicated or expensive.

    At Wrigley Claydon we are sympathetic, helpful and have the necessary expertise to advise and guide you smoothly through the process of writing a Will.

    If you have any questions or would like to discuss making your Will please contact Rachel Damianou on 0161 624 6811 or email rld@wrigleyclaydon.com.

     

  • Age Discrimination, the facts from our Specialist Employment Solicitor

    Age Discrimination, the facts from our Specialist Employment Solicitor

    Employment Solicitor John Porter offers advice on issues surrounding retirement:

    It used to be the case that when an employee reached the national retirement age he or she could be forced to retire. This is no longer the case.

    Since April 2011 it has become unlawful to force someone out of work simply because they have reached a particular age. This now falls foul of rules relating to Age Discrimination contained in the Equality Act 2010.

    There are of course exceptions to this but any dismissal will have to be objectively justified as being a reasonable way of achieving a legitimate aim. A recent case allowed, for example, a senior partner in a solicitor’s firm to be ousted to allow succession planning within the business.

    Put simply, employers can no longer simply assume that older employees will leave at 65. Before taking steps in relation to any dismissal (or if you are about to be dismissed) contact our employment department for expert legal advice from an employment solicitor.

    Wrigley Claydon offer a wide variety of legal support from our employment solicitor who is ready to help.

    For further help or information please email John Porter, our specialist employment lawyer, jap@wrigleyclaydon.com.
  • Leases: Break clauses according to property lawyers

    Leases: Break clauses according to property lawyers

    Beware of the Break Clause

    Our team of property lawyers say that it is not uncommon for a lease of commercial property to contain a break clause in favour of the tenant.

    It is, however essential that any tenant with the benefit of a break clause is able to exercise it, otherwise the tenant may be left paying the rent for a property that they no longer want for the full term of the lease.

    It is often the case that break clauses are conditional upon the tenant having paid the rents reserved by the lease (not just the annual rent, but insurance rent and service charge), the tenant having observed and performed the tenant’s covenants of the lease (including redecoration) and leaving behind no continuing sub tenants.

    Such conditions can be a minefield for a tenant as the Courts will strictly construe a break clause and any conditions attached to it. If the conditions of the break clause are not fulfilled, the break notice will be invalid and the lease will  continue until expiry.

    The Code for Leasing Business Premises in England and Wales 2007 (“the Code”) recommends that the only pre-conditions to tenants exercising any break clause should be that they are up to date with the main rent, give up occupation and leave behind no continuing sub-leases. Disputes about the state of the premises, or what has been left behind or removed should be settled later, like with a normal lease expiry.

    Compliance with the Code is not compulsory when a lease is being prepared. The best protection for a tenant is to ensure that the wording of the break clause complies with the Code. If it is not possible to agree such wording the tenant should take great care when exercising a break clause to ensure that any conditions within the clause are met.

    Ideally, expert legal advice from property lawyers should be sought.

    For further help from one of our property lawyers please call or email Gary Burns on 0161 624 6811 / gb@wrigleyclaydon.com.

  • Caring for Children

    The recent decision by the local authority in Rotherham to remove children from the care of foster carers who were members of UKIP raises a number of concerns about what happens to children when they cannot be placed or remain in the care of their parents.

    In the first place the Children Act 1989 makes it clear that the welfare of the children in such cases is the paramount consideration.

    What is also clear is that the focus must be on the welfare needs of the particular children concerned and thus drawing general conclusions from particular instances is often unhelpful. This can lead to the dramatic newspaper headlines recently seen around this matter.

    What would be worrying is if potential foster carers are put off coming forward because of situations like this. There is a balance to be struck and given the shortage of foster carers social services are often faced with situations where an “ideal” foster family placement cannot be found for a child who cannot remain with his or her family. This is particularly so when considering children from ethnic minority backgrounds or with some level of disability.

    In this case we are told that the quality of care offered by the foster carers was not an issue. The question then is how far do we as a society go to address other aspects of the children’s lives in such difficult situations. One cannot help but be left with a feeling that in many instances we get left with having to find the “least worst option” for children.

    Anyone with concerns about cases involving children is encouraged to seek advice and assistance from a solicitor specialising in this area of law. At Wrigley Claydon we have solicitors who are members of the Law Society’s family law panel and also the children panel. These accreditation schemes recognise the experience and expertise of the solicitors in this area of law.

    For further help please call  our family department on 0161 624 6811