Wrigley Claydon Solicitors

Tag: advice

  • Claiming for personal injury abroad

    Claiming for personal injury abroad

    It’s the time of year when people across the country begin looking forward to summer and booking trips abroad. However, for some, the enjoyment is cut short due to personal injury. Accidents can happen anywhere – you wouldn’t accept it at home and you don’t have to accept it abroad.

    If you have suffered personal injury abroad you could entitled to compensation for loss of enjoyment, out of pocket expenses (such as medical or transport costs) or even loss of earnings if your injury is severe enough to affect your ability to work. But in what circumstances are you eligible to claim?

    A United Kingdom personal injury solicitor will usually only deal with a claim against another UK-based company. As a result, claims are usually against the package holiday company or travel agent. This covers circumstances such as accidents on hotel grounds, food poisoning at hotel restaurants or accidents caused in public spaces on excursions organised by the travel company. There are also certain grey areas which may be considered more difficult cases such as organised water sports, accidents on public transport or accidents on holiday which weren’t booked through an agent. However, it is always advised to contact a personal injury solicitor for a consultation in these circumstances, as injury can have a serious emotional and financial impact on the victim and their family, which shouldn’t be taken lightly.

    While your thoughts may be elsewhere after suffering a painful accident, there are several procedures that you can complete following an injury which will ensure maximum success during your case. It is recommended that you report your accident to your travel representative at the time, rather than waiting until you return home. It is also essential to record your injury in the appropriate accident book or log so there is a permanent record of the date, time and details of the incident. Taking names and addresses of witnesses can also help, along with photos of the environment or cause of the incident. Retaining any documentation from the hospital including receipts is also useful.

    Personal injury can happen anywhere and the fact that an accident has happened abroad rather than at home is no reason to ignore it. If an injury has affected your enjoyment of the trip you have paid for, cost you money or made you take time off work, you could have grounds for a claim and deserve to be recompensed for your time or costs wasted.

    At Wrigley Claydon, our team of personal injury solicitors can assess the problem and fight for the justice you deserve, as well as hopefully ensuring that any hazards are rectified, reducing the risk of injury in the future. Contact us today on 0161 624 6811 or send us an email on info@wrigleyclaydon.com.
  • The complications with lasting powers of attorney

    The complications with lasting powers of attorney

    Recently discussions regarding handing over authority to another person to act on your behalf should you become mentally or physically incapable have been rife.  Lasting Powers of Attorney  (LPA) have been all over the newspaper headlines because some family members have been abusing their power, whilst others have become frustrated by banks refusing to acknowledge theirs.

    People can become unable to manage their own affairs or need assistance in doing so, at any stage of life.  An accident, physical ill health or the onset of mental illness may make the everyday routine of paying bills, writing cheques etc both difficult and stressful and, in some cases, impossible.

    The LPA system is an insurance policy against problems that may occur later in life.  It is advisable to put an LPA in place while you can – if it never has to be used, nothing is lost, but it makes things much easier should physical or mental health issues make it difficult to look after your own affairs.  Friends and family do not automatically have the right to take over, and signing an LPA can ensure peace of mind that someone you trust will be able to look after the things that matter.

    Anyone  who is over the age of 18 and mentally capable can make an LPA. The completion of a Lasting Power of Attorney does not restrict your right to go on looking after your own affairs so long as you are able. Before the LPA can be used, it needs to be registered with the Office of Public Guardian.

    Inevitably, appointing an Attorney is not a simple process and rules have been put in place to ensure that the system is not abused.

    Making a Lasting Power of Attorney is an important matter.  Many people begin to consider making an LPA at a time when their mental and physical health is beginning to decline, which is a difficult time for any family. This is where Wrigley Claydon can help.

    Our Probate Department is on hand to discuss your requirements, with home visits also available for the elderly or infirm.  If you have any questions or concerns regarding Power of Attorney, please do not hesitate to call us on 0161 624 6811or email us at info@wrigleyclaydon.com.
  • Occupier’s liability

    Occupier’s liability

    As a landowner it’s important to understand, and take into consideration, occupier’s liability. As an occupier of a home or land, you have a duty of care towards those who visit your property. Indeed, as a visitor, you may deserve compensation for injuries caused on someone else’s land that were not your fault.

    At Wrigley Claydon, we were proud to recently win a case of occupier liability. Our client was badly injured on a broken sign positioned on the defendant’s land. Due to the positioning of the sign, the client sustained both head and facial injuries, which as well as causing them great pain also had potential to scar. We were passionate about this case, and ensured that justice was served. Our client received £1,000 and luckily the injury healed healthily within three weeks, leaving no scar.

    We understand that care for those with injuries can be expensive, as well an emotional struggle for the victim and their family. While, of course, accidents happen, it is important to evaluate errors made and be aware of paying out for things which could have been avoided with due care and attention. By law, property owners have a duty of care towards those who visit their land, and accidents caused by the defective or dangerous condition of the premises should not be left to the victim to finance.

    If you believe you are entitled to claim compensation, the first step is to hire an experienced lawyer. They will talk you through the best course of action and advise you on various ways of funding your claim. At Wrigley Claydon, we have over 30 years experience of helping clients receive the compensation they deserve following accidents where they have suffered personal injury or financial loss.

    To speak to a personal injury solicitor about a possible claim call us today on 0161 785 3534 or contact us via our website.

  • 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

  • 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.

     

     

  • 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.