Back in July of this year, the Supreme Court found that the high tribunal fees of recent years were unlawful.
Comments by a retired senior judge over the summer have highlighted the need to make very careful decisions when it comes to setting up a Lasting Power of Attorney (LPA)
The advice of solicitors, accountants, surveyors and financial advisors has become an increasingly important part of business and personal relationships over the past few years. Occasionally, as a result of bad advice or negligent actions, there may be a loss or a consequence for a client that could give rise to a professional negligence claim. If you think you have been affected and you want to make a claim then here are 10 things you should know about professional negligence.
1. The relationship between a client and an advisor is based on a duty of care to ensure that the client does not suffer unreasonable harm or loss. A duty of care arises automatically and doesn’t have to be written into the contract to exist.
2. A professional negligence claim has a number of key components. These include a breach of the duty of care and loss that has been suffered by the non-negligent party as a result.
3. The general standards of an advisor’s industry provide the guide for professional behaviour. A solicitor or surveyor’s behaviour that falls below this level might well be considered negligent.
4. There are time limits for a professional negligence claim – six years from the date on which the negligent action took place.
5. Occasionally, deadlines for making a claim can be extended. For example, if there is a period of time in which the negligent act has not yet become apparent. In those circumstances it might be possible to make a claim for professional negligence even after the six year time limit has expired.
6. Professional negligence claims are made on the basis of loss. I.e. if you have suffered loss as a result of the negligence of an advisor then you should be able to make a claim against them to cover it.
7. The financial payment under a professional negligence claim is designed to put the claimant back in the same position that they would have been in if they had not been on the receiving end of the negligent advice from the professional advisor. It is not designed to put someone in a better position than they were before receiving the advice.
8. Mitigation of losses is important. This means that, if you suffer a loss as a result of receiving negligent advice, you still have to try and minimise the consequences of that loss. If you don’t do so then you may not be able to make a claim for all the loss that results.
9. It’s important to note that any losses being claimed for must be the result of the actions of the professional advisor. If it’s not possible to make that link then making a claim will be difficult.
10. Professional negligence is a sensitive area and one that can be quite difficult to understand. As there is a lot at stake reputationally for a professional advisor, successful claims are best managed with the help of a solicitor.
To speak to a professional negligence Solicitor in Blackpool please call 01253 629300 or click here to contact us.
DIY divorce has grown in popularity as splitting couples try to keep costs down. However, in some situations a DIY divorce can end up costing a lot more than simply instructing a solicitor in the first place. So, when is it a good idea?
If you and your partner are on the same page
If both people in the relationship want it to be dissolved permanently then a DIY divorce is possible. It’s important that everyone understands that the divorce is the last stage in the process of splitting – if either party is not sure then a trial separation may be a better idea. Where only one partner wants to divorce and the other wants to stay together then a DIY divorce is not a good idea. In this situation relationships can get very acrimonious and you may need to bring lawyers in eventually to resolve disputes.
If you’re confident about the paperwork
A mistake in the paperwork may mean that the court rejects the divorce petition. If that happens then the whole thing needs to be re-drafted and re-served. Whether you use a solicitor or not the court fee of £550 will be payable to issue the divorce petition – if you do make a mistake you’ll need to pay the court fee again.
You have plenty of time
Any divorce proceedings take between four and six months to conclude – at best (there is no magic six week divorce as has recently been quoted in the media). The more straightforward the divorce, the more likely it will fall within this four to six month time period. However, if you’re doing a DIY divorce then there are all sorts of delays that can arise, for example if one party fails to return the paperwork to acknowledge the divorce. If you are pushed for time then a DIY divorce can be difficult to achieve and the pressure can add to an already stressful situation.
You’re agreed on the financials
The biggest issue for anyone planning a DIY divorce is working out the financial settlement. A recent case - Vince v Wyatt – showed just how crucial it is to conclude finances early on in a divorce, as in that case the wife’s financial relief claim went ahead even though the separation had occurred 20 years before. Sometimes the only way to come to a swift agreement on financial matters is when a couple has advice from third parties. It’s also crucial to get advice on the financial implications of a split, for example with respect to future inheritance and children.
The new university term is upon us once again and across the country students have returned to their halls and houses, ready to start another year of study. For many, that study will also be accompanied by some time spent doing part time work, whether to help fund a course, or something to look forward to at the end. A 2015 study found that 77% of students now work while studying. Students can be a very positive part of a workforce but, if you’re going to employ them, make sure you know how it should be done.
Avoid advertising for students
Age discrimination applies to adverts too and so advertising exclusively for students (e.g. “students wanted”) can put you at risk of being the subject of a discrimination claim.
Do your students have a right to work?
If they are not British, or from within the European Economic Area, there may be restrictions on the number of hours a student can work while studying. Make sure you have documentary evidence of their right to work and a letter from the institution where they are studying that shows term dates and enrolment.
Zero hours contracts
Zero hours contracts have not had good press recently. However, they are still an attractive prospect to students who are looking to work flexibly. Make sure you understand the point at which employment status and protections change with respect to zero hours workers. Steer clear of clauses that oblige you to provide a certain number of hours and avoid completely those that require a student to work for you exclusively.
Part-time workers have rights too
It’s important when employing students to make sure that they are not being treated any less favourably than full time employees. For example, part-time employees should receive the same rate of pay – pro rata – as a full time employee and you must take care to ensure they have access to benefits such as holiday entitlement and taking national bank holiday days off.
Minimum wage
Part-time workers are as entitled to be paid the Minimum Wage as full time workers. Take care to ensure that, if you are paying Minimum Wage or close to that amount, you adjust this as the employee gets older. There are different bands that kick in at ages 18, 21 and 25.
Pensions auto-enrolment
If you are already auto-enrolling certain workers into a pension scheme then you need to make sure you don’t miss obligations due to part-time workers. This depends a lot on how often they work for you and, ultimately, how much they earn. Someone working a few hours one day a week may not qualify but a lengthy period of employment over a break in term time could trigger this. Remember that even if you don’t auto-enrol a student yourself they may still have the right to opt in to your pension scheme.
To speak to an employment Solicitor in Blackpool call 01253 629300 or click here to contact us.
When you’re drafting a Will it’s important to make sure that your assets will pass to the people you want to have them after you’re gone. If you own a property and this is part of the Estate that you want to leave behind, then the way that you own that property will have an impact on what happens to it.
Joint Tenants and Tenants in Common
There are two main ways to own property in England – as Joint Tenants or Tenants in Common. A property that is owed by Joint Tenants will not pass under the terms of a Will, no matter what that Will says. Instead, it will pass from the deceased Joint Tenant to the surviving Joint Tenant, regardless of current circumstances.
A property that is owned by Tenants in Common does come under the remit of your Will. With this type of property ownership your entitlement is to a share of the property. That share passes to your beneficiaries after your death.
How do you know which type of ownership you have?
It’s fairly simple to find out whether you own your property as Joint Tenants or Tenants in Common. If your property is registered at the Land Registry then you will be able to access the records that show how the property is owned. If your property isn’t registered at the Land Registry then the information can be found in the title deeds to the property (which you should have been given when you purchased).
Is it possible to switch from Joint Tenant to Tenants in Common?
Yes, you can change the way that you own a property at any time. If you want to switch from being a Joint Tenant to a Tenant in Common so that your share of a property can pass to your descendents then that’s fairly simple to do. You will need to fill in a form to register a ‘form A restriction’ to sever the Joint Tenancy and you may need to provide supporting documents. Many people find it easier to be guided through the process by a solicitor, especially if there is disagreement.
Why go to the trouble of changing your property ownership?
It may be that you and the other Joint Tenant have been in a relationship that has now come to an end. In that case it may be more appropriate to hold the property as Tenants in Common. You may own a property with a friend or relative, but your life circumstances may recently have changed – for example, having children. If you now have people you would like to inherit the property, other than the Joint Tenant, the switch is worth it. Finally, if you are updating your Will and have realised that your share of the property won’t pass on as you had hoped then this is a good time to correct the arrangements.
Recent research revealed that around one in six of us regularly has to take time off work to carry out caring responsibilities. For anyone who is working full or part time, the burden of this kind of pressure can be immense. The same research also found that one in eight of us can officially call ourselves a carer, whether that’s looking after children or an elderly relative. That’s a fairly significant figure. Employers can play a big role in making life easier for carers by being aware of the pressures that carer employees face and making a few simple changes to the working environment.
Making flexible working easy
All employees with 26 weeks’ continuous service now have the right to request flexible working, including carers. However, individual employers have the power to make this lifestyle either much easier or harder to achieve. Introducing an informal internal procedure to speed up flexible working requests – in addition to the formal process – can introduce efficiency and clarity. Being receptive to flexible working and recognising the benefit to giving staff that flexibility will not only make life easier for carers but create a more committed workforce too.
Educate line managers
Part of creating a company culture that embraces flexible working is ensuring that line managers respond in the right way to requests and discussion on the topic. It’s a good idea to provide training for line managers so they understand how flexible working can benefit a business and so that it is made clear how important it is to be accommodating. It may also be beneficial to add a specific training module on carers in the workplace. Statistically, many carers tend to be female and there are still challenges when it comes to gender equality at manager level. This could mean that there may not be a natural understanding of who carers are, what they do and why they should be supported – and this needs to be overcome.
A carer policy
It is often most beneficial to put organisation attitudes to carers in black and white. A carer policy can set out the practical arrangements for accommodating those with carer responsibilities. This should tie in with other policies, such as those on flexible working. It’s a good idea to make sure that the policy gets plenty of airtime within the business. This is essential both so that carers working for you understand it’s there and also to educate others about how much the organisation wants carers to be supported.
Flexible leave
Caring responsibilities are not always predictable and having flexible leave arrangements in place can help a carer to take time off to manage a problem that may arise suddenly. All employees are entitled to take reasonable amounts of unpaid leave for dependants. However, employers can make these arrangements more accommodating to carers by, for example, offering paid leave or the opportunity to make up lost time at a later date. Being able to accommodate last minute leave requests is also key to making life easier for carers trying to balance their responsibilities with a working life.
Recent figures from the Office for National Statistics show that the number of cohabiting couple families in the UK doubled from 1.5 million in 1996 to 3.3 million last year. While married or civil partnership families remain the most popular type of family arrangement, these figures show that cohabitation is not just on the rise but swiftly gaining in popularity. It’s important to note that cohabiting couples don’t have the same rights and interests as married couples. For example, the entitlement to claim for maintenance or a share of assets. So what can couples do to protect themselves? The answer lies in the cohabitation agreement.
What is a cohabitation agreement?
It is a document entered into before moving in together that sets out the rights and responsibilities of the two parties to the relationship. It covers three key areas that otherwise would remain unprotected:
Property - the property in which you live together, how it is to be paid for now and what will happen to it if the relationship breaks down. For example, if Partner X moves in to a home owned solely by Partner Y and then 10 years later they split up, Partner X has no right of ownership of the property even if they have contributed directly to the mortgage or contributed in other ways, such as staying at home with the children so Partner Y could go out to work.
Finances - what the financial arrangements will be while you’re living together – and if some day you’re not. This could cover any split in mortgage payments, who pays the credit card bills and who owns the car. In the event that the relationship comes to an end the cohabitation agreement will have set out exactly how all money and assets will be divided, from savings to furniture.
Breaking up - the process that you’ll follow if a split does occur. It may sound pretty unromantic to start thinking about this before you’ve even spent a night in the same bed. However, anyone who has been through a break up knows exactly how bewildering this can be and a set of established steps to follow can be quite a relief. It also reduces the scope for arguments – e.g. who gets the dog – and ensures that there is certainty if there are children involved.
Is a cohabitation agreement worth having?
There are many reasons why a cohabitation agreement is a beneficial option for couples who want to live together.
Reducing property ownership disputes
You’ll know exactly who owns the property, and in what shares. Recording both party’s legal and beneficial interest in the property means you can avoid one of the biggest areas of dispute for separating couples.
Protecting loaned cash
This is the kind of money that has come from family members to a grown up child who is one partner in the relationship e.g. the deposit for a home. A cohabitation agreement ensures that, if there is a split, the investment remains with that child.
Providing for children
The cohabitation agreement can cover arrangements for children if a relationship breaks down. In particular, it is often used to set out arrangements for financial support.
Keeping control
Certainty is not something that most relationships have – at any time, but especially during a break up. With a cohabitation agreement there is financial certainty and the parties have control over what happens to their individual property and assets.
We live in increasingly close proximity to one another and, inevitably, that can lead to tensions rising over the behavior of your neighbours. There are many different levels of disputes, from a neighbour playing music at full volume throughout the night, to those who move fences and park where they shouldn’t. If you’re facing a dispute with someone you live close to then here are a few tips on how to deal with it.
Neighbours changing their property
Not all changes to a property require planning permission but many do, so if your neighbour is planning – or already making – changes, the first place to start is with your local authority. Speak to your local planning department to make sure that your neighbour has the planning permission in place for the changes that they want to make. Even if they have already completed the project you can still take action – changes that wouldn’t receive planning permission if it had been applied for may need to be undone.
Trees and hedges
This is one of the most common sources of problems between neighbours, from those who don’t take proper care of what is growing on their land, to disputes over blocked light or roots that are causing an obstacle. The first step is always to check with the local authority whether any trees that you have an issue with are protected. If they are subject to a Tree Preservation Order then it’s illegal to willfully damage, uproot, cut down or even cut the roots of that tree without a written consent order from the local planning authority. If trees or hedges aren’t protected then branches etc that overhang into a neighbouring property can be cut down by a neighbour. If you feel the tree is dangerous e.g. it presents a risk to you or your property, then you can get the local planning authority involved in the dispute.
Noise
Another very common issue between neighbours is noise, from barking dogs through to DIY. It’s important to start out trying to be tolerant as we all make noise that disturbs our neighbours, even if we don’t realise it. However, some noise is intolerable – for example building work that starts at 6am and continues late into the night for a long period of time or neighbours who are constantly having parties at all hours. These may constitute noise pollution for which you can take action. The best first step is always to give the neighbour the chance to stop what they’re doing by letting them know it’s disturbing you. If they don’t stop then keep a noise diary, try to record noise levels and take photos or videos that show dates and times of problems. Police and local authorities can deal with noise troublemakers so take your evidence to them.
If you get involved in a dispute…
Try first to find an amicable resolution to the problem. Sit down with your neighbour and look for some common ground – with a third party present if necessary. If that doesn’t work, or it’s not an option, then you may need to consider a property lawyer. There are certain situations in which this is particularly appropriate, for example if you’re dealing with boundaries or plans for building works that may involve complex planning regulations.
To speak to a dispute Solicitor in Blackpool call 01253 629300 or click here to contact us.
All employers have a basic responsibility to make sure that their employees are safe while they are at work. This is known as a ‘duty of care’ and is something that the courts in the UK take very seriously if employers breach it. There are lots of different elements to the duty of care, but some of the principal areas of concern include making sure that staff have been properly trained (and training is updated on an ongoing basis), providing the right equipment for the role, and creating a safe working environment. If these are not met, and an accident or incident occurs at work, an employee may be able to make a claim against an employer.
A varying duty
The nature and extent of a duty of care will depend a lot on the job in question and the industry involved. For example, if an employee is operating heavy machinery or working with toxic substances their employer will need to pay far more attention to safety procedures and preparation than where employees are working at a computer all day. However, even in an office environment employers are still required to take all steps that are reasonably possible to ensure the health, safety and wellbeing of employees.
Examples of an employer duty of care
The list of what constitutes an employer duty of care is long and broad but these are some examples of how the duty works.
A safe working environment. There is no set formula for what constitutes a safe working environment but many factors have a role to play here. In particular, lighting is crucial to avoiding accidents and injuries such as eye strain. Employees who suffer an injury because of a trip or fall in an area that wasn’t adequately lit may well have a cause for action against an employer who didn’t make sure that the working environment was safe. Safe equipment that is suitable for the job is another important element in a safe working environment.
A clearly defined job. Employees should understand what employers require from them in order to successfully fulfill their role, as this helps to avoid confusion and accidents. It’s important that employees aren’t asked to do something that is outside of a job description. For example, the 1992 Manual Handling Operations Regulations require employers to automate to avoid hazardous manual handling operations wherever possible. Where this isn’t possible, employers must try to do what they can to avoid injury to employees as a result of manual handling – if this is not done, and an employee suffers an injury, there may be a breach of the duty of care.
Avoiding relaxing health and safety laws ‘one time.’ It’s not acceptable for employers to ask employees to go outside their job description, or health and safety law, to do something ‘just this once.’ For example, an employer who asks an HR professional to carry a heavy box down the stairs could well in breach of their duty of care.
Other employees. If an employee is injured at work by another employee who was negligent then the law can hold the employer responsible as part of the duty of care. This is called ‘vicarious liability’ – the employer is made responsible via the offending employee – and all employers must have insurance to cover compensation to an injured worker where this arises.
To speak with an employment law Solicitor in Blackpool call 01253 629300 or click here to contact us.