Care funding – the proposed reforms and how they will affect you

Article by
Chris Lucas

Care funding might seem like a confusing topic, but it is an issue which is likely to affect many of us at some point in our lives. If you or a loved one is going into residential care, it is advised that you seek advice early on. Lack of planning can result in the depletion of assets which can have a big impact on the inheritance for those loved ones left behind.

The present position

If you are in need of residential care, the current position is that you will be required to pay the full cost of your care for as long as you need it if you have assets worth over £23,250. This is known as the means test threshold. If your assets are worth less than £23,250 but more than £14,250, you will be required to pay a contribution.

What are the proposed reforms?

Earlier this year, the government set out reforms to adult social care funding which are due to be implemented in April 2016. These reforms can be broadly summarised as follows:

• A cap of £72,000 on the total amount any individual will have to pay for their care, meaning that after this amount has been paid the local authority will step in and meet the costs;
• Deferred payment arrangements to ensure that no one will have to sell their home in their lifetime to pay for their care;
• Increasing the means test threshold from £23,250 to £118,500, meaning that those with assets worth less than £118,500 (as opposed to £23,250) will be entitled to some financial assistance from the local authority.

These plans appear to be a considerable step forward and the idea of capping care costs is likely to be welcomed by many. However, the reality is not so simple…

Accidents at Work

Article by
Dave Koon Koon

In yet another blow to the genuinely injured individual the laws which cover many of the aspects of an employer’s liability to their employee, should an accident happen at work, are changing from October 2013.

There will be many changes that will affect the prospects of success of claims being made by those injured at work and one of these changes is the removal of the requirement that the employer must prove that they have taken steps that are ‘reasonably practicable’ to ensure that their employee is not injured at work.

At present it is for the employer to prove that they have taken all reasonably practicable steps to reduce the risk of injury to its lowest level in compliance with whichever regulation or statute is relevant to the circumstances. It is not for the injured employee to do this.

Following the changes in October 2013 it will be more than likely up to the injured employee to prove that the employer failed to take all reasonably practicable steps to reduce that risk to its lowest level in order to comply with the relevant regulation or statute. This will in turn lead to increased expense for the injured party as additional expert evidence will be required to prove their case.

Another particularly significant change is the removal of ‘strict liability’ from the various Health & Safety regulations. An example of how this works is that at present, if an employee is injured at work, through no fault of their own, whilst using machinery or tools, which are defective or faulty and that work equipment has been provided by their employer then their employer will be liable to compensate the injured employee for their injury, regardless of whether the employer had knowledge of any problem with the equipment.

Following the changes to the Health & Safety regulations in October 2013 ‘strict liability’ will have been removed which means that should an employee be injured at work by defective or faulty equipment, provided by their employer, then the employee will have to prove that their employer was negligent in providing that equipment. This change will therefore shift the burden of proving the case to the injured employee who has done nothing wrong.   

If you have been involved in an accident at work please contact me on 01992 422 128 or at dave@gardenhousesolicitors.co.uk for further advice and assistance.     

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Manual Handling at Work

One of the most common causes of injury at work is incorrect manual handling. It can cause Musculoskeletal Disorders (MSDs) which account for more than a third of all workplace injuries. Common questions regarding manual lifting at work include:

Are there any weight limits on manual lifting?

The law does not specify a safe maximum weight limit. Instead it places a duty on employers to manage or control risk. The measures an employer must take to meet this duty will vary depending on the circumstances. For instance, the employer should consider the strength and fitness of the employee and the weight of the load and distance to be carried.

Should I take a manual handling training course and what will it involve?  
Manual handling training courses should involve learning about manual handling risk factors and how to avoid injuries along with how to safely manually handle goods and the use of mechanical aids. Although training can be important in reducing the risk of injury at work, employers should supplement this with monitoring and reviews of procedures to guarantee that practice is safe. 

Does a 'no lifting' policy exist?

The Manual Handling Operations Regulations 1992 (as amended) do not exclude individual types of manual handling or endorse 'no lifting' policies. Manual handling should be limited to circumstances where it cannot be avoided and only where the risk has been assessed and minimised.

Personal injury trusts – what’s the story?

 

Article by
Chris Lucas

I have just settled a personal injury case for one of my clients who had an unfortunate accident whereby a barrel was thrown onto his leg causing a significant trauma injury with various other complications. The case settled for a five figure sum and was actually the highest award I have ever achieved for one of my own clients in my career as a trainee. Given the amount of compensation my client is due to receive, I have advised him to give careful consideration to setting up a personal injury trust.

What is a personal injury trust?

A personal injury trust is a legal arrangement whereby the compensation awarded from a personal injury claim is held and controlled by people chosen by the injured client, the ‘trustees’. The trustees’ responsibility is to look after the money and use it for the benefit of the injured client, the ‘beneficiary’.

Can’t I just pay my compensation into my bank account?

There are a number of reasons why we would advise any client receiving a large amount of compensation to set up a personal injury trust. The most common reason is that if you are in receipt of means tested benefits, the money you have will be taken into account. The threshold is that if you have over £6,000, your entitlement to benefits will be affected. In addition, if you currently receive or will need Community Care Support at some point in the future, having a large sum of money can lead to your support costs increasing significantly.

What if I just spend my compensation quickly?

Your entitlement to benefits could still be affected if you do not act in a way which is considered reasonable. Spending your compensation all at once on a shopping spree or using the money to pay off your mortgage are examples of where the Benefits Agency might conclude that you have attempted to defraud the system and you could be penalised as a result.

How to Sell a Company

Article by David Hughes

If you are a business owner you will know that building your company is hard work. Selling your business often seems like a distant dream, many years in the future - if only you could get there.

However, the years pass and the sale of the company seems to get no closer. Does that sound familiar? For many company owners it is an uncomfortable reality. If building the company is hard, selling it can feel like the ultimate goal that is forever out of reach.

It is a good idea to do a legal health check on your company each year, which will look at whether all your client contracts and compliance paperwork is in place. It will review your employee contracts and staff handbook and it will look at your online presence and whether your activities online are fully compliant with relevant laws. The aim is to make sure that your business is continually ready to be sold as it grows, because you never know when the right time to sell will come along.

The truth is that no company ever reaches a ‘perfect moment’ at which point it is sold. Selling a company, as with most things in life, is a compromise. It also takes hard work and serious planning. How do you value a company? What if your co-owners don’t want to sell? Who would want to buy your company? Is the company value too reliant on your employees?

The good news is that you can increase both the value of your company and the likelihood that it will be sold by understanding the key factors that a buyer will look for.

Garden House Solicitors offer their clients the legal advice to ensure a successful business sale. To book your free consultation contact our business law advisor, David Hughes at David@gardenhousesolicitors.co.uk or by telephone on 01992 422128

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Top 3 Pitfalls in Franchise Agreements

More than 1 in 2 potential franchisees sign up to the standard franchise agreement of the brand they decide to go into business with without taking legal advice.

Article by David Hughes

The most common question of those that do take advice is to know what the pitfalls of the agreement are.

The top 3 pitfalls of franchise agreements, (which are a surprise for those who don’t take legal advice!), are:

1. It’s your full time job. Most franchise agreements contain a clause stating that you will have to devote your ‘full time and attention’ to the franchise and are not allowed to be involved in any other business while you are part of the franchise. This means that you will be in breach of the agreement if you are continuing to work part-time in another business (even a non-competing one) while you build up your franchise business.

2. You can’t choose your suppliers. A franchise agreement will state that you have to get your supplies from the franchisor at their list prices – so even if you can find the same equipment or products at a cheaper price elsewhere you do not have the discretion to buy from them.

3. No right to walk away. Almost all reputed franchises are for a fixed 5 year term with the option to renew at the end. This means you are tied in for 5 years! Usually the only way out is to sell the franchise. If you stop trading and walk away early, then you will likely be liable to the franchisor for lost royalty fees for the unexpired part of your franchise term.

Garden House Solicitors offers a franchise agreement review. Taking advice on the contents of a franchise agreement starts from £450 + VAT. It is a relatively quick process and can give you the peace of mind that you are not signing up to years of headaches later on.  

If you are considering entering into a franchise agreement or you are already involved in a franchise and need assistance you can telephone me on 01992 422128 or email David@gardenhousesolicitors.co.uk

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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Article by
Chris Lucas



It is important that nurses and other hospital workers are aware of the occupational hazards of working in hospitals and the duties owed to them by their employers. We have received many enquiries from nurses who have been involved in different kinds of accidents ranging from slips, trips and falls to unsecured equipment falling from walls in hospitals and x-ray machines being rolled over nurses’ feet.

Needle stick injuries are also an occupational hazard for nurses and other healthcare workers. According to the Health Protection Agency’s fourth Eye of the Needle report, there were 541 reports of needle stick injuries which exposed healthcare workers to patients carrying blood-borne viruses in 2011 alone.

Other hazards facing nurses include:

-          Exposure to x-rays

-          Handling of cytotoxic drugs

-          Exposure to infections

-          Splashes of chemical or bodily fluids into eyes

-          Back injury as a result of moving and handling patients

-          Assaults on nursing staff by violent patients

Both the NHS and private hospitals have duties to maintain safe systems of work and ensure that workplaces are safe for their employees. Of course, accidents do happen. If you are a nurse or healthcare worker who has suffered an injury at work, please do not hesitate to contact me for further advice.

You can call me on 01992 422 128 or email me at chris@gardenhousesolicitors.co.uk.

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The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Free Employment Seminar

We are hosting a free employment seminar targeted at employers running small businesses.   

Nidhi will be discussing:

• contracts of employment,  
• handbooks, 
• handling difficult employees, 
• other general areas of the law to help employers protect themselves from potential claims. 

When: 10 April 2013     6pm to 8pm 

Where: Hertford Castle, Hertford, SG14 1HR

Special Offer: All attendees instructing the firm on one or more of the matters discussed will be offered a 15% discount on legal fees.  (Subject to terms and conditions)

If you or anyone you know is interested in attending please email Nidhi - Nidhi@gardenhousesolicitors.co.uk to reserve a place.

 
www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Finsbury Adept 12/14 Modular Head – Medical Device Alert

Article by
Kevin Timms

The UK medical device manufacturer has issued a formal Medical Device Alert in respect of the Finsbury Adept 12/14 Modular Head, a component used in the Finsbury Adept Total Hip Replacement. This is a metal on metal hip implant.

Whilst the Medical Device Alert has not specifically said this is a formal recall of the Finsbury Adept metal Modular Head, it reaffirms the Urgent Field Safety Notice issued by Finsbury Orthopaedics on 15 January 2013 that the Finsbury Adept metal Modular Head should not be implanted and all affected devices should be returned to DePuy International Limited.

Whilst a different manufacturer, DePuy International Limited purchased Finsbury Orthopaedics Limited in 2009. DePuy is the manufacturer of the recalled ASR metal on metal hip implant, in which Garden House Solicitors are already bringing claims.

Garden House Solicitors are instructed by a growing number of patients who have been injured as a result of the Finsbury Adept metal Modular Head when used as a total hip replacement and are forming a group action against the manufacturer.

If you or someone you know have suffered adverse symptoms as a result of these implants, whether you have had revision surgery or not, please contact Kevin Timms for free advice on whether you could bring a claim against Finsbury Orthopaedics Limited and join a group of claimants suffering from similar problems.

Kevin is also instructed by individuals with the Finsbury Adept resurfacing metal on metal hip implant and non approved Finsbury Adept Total Hip Replacements.

Kevin can be contacted on 01992 422 128 or at kevin@gardenhousesolicitors.co.uk.

 
www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Access to Justice Post 1 April 2013

Article by
Dave Koon Koon

Following a review of the funding of Personal Injury claims by the Government drastic changes are being implemented from 1April 2013.

The major consequence of the changes is that the cost of pursuing a claim for Personal Injury has been shifted from the insurer of the guilty party to the injured party and in some circumstances this will mean that legal costs will have to be deducted from the injured party’s compensation.

The insurance companies claim that this will bring legal costs down and allow them to in turn reduce insurance premiums but only time will tell if that actually happens.

A Defeat for Access to Legal Advice

Article by
Dave Koon Koon

Many vulnerable victims of injury will now find it impossible to obtain independent legal representation as a result of Friday’s bitterly disappointing judgment in the Administrative Court.

As the Government has now decided to slash lawyers’ fees in the road traffic accident claims process, many people will be left on their own to negotiate with insurers for fair and proper compensation for their injuries.

The vast majority of injured people have no knowledge of what their injuries are ‘worth’ in terms of damages, so such negotiations will inevitably be biased in favour of the insurers. A recent independent survey found, for example, that 70 per cent of people would not know what level of compensation to claim for a whiplash injury. 

This is a dark day for people who are injured through no fault of their own. We can only hope that the Government does not take this judgment as licence to ride rough-shod over the needs of vulnerable people in the future.

We are committed to continuing our work to helping victims of road traffic accidents. If you need advice contact Dave Koon Koon on  01992 422 128 or email dave@gardenhousesolicitors.co.uk .                                   

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Finsbury ADEPT Total Hip Replacement Claims

Article by
Kevin Timms

A number of individuals with Finsbury ADEPT Total Hip Replacements have instructed Garden House Solicitors to pursue a compensation claim.

The Finsbury ADEPT Total Hip Replacement (THR) was manufactured by Finsbury Orthopaedics Limited which was acquired by DePuy International Limited in 2009 and now forms part of the Johnson and Johnson group of companies.

The Finsbury ADEPT THR is a metal on metal hip replacement consisting of a metal stem, a metal modular head and a metal acetabular cup.

Kevin Timms of Garden House Solicitors is instructed to bring claims on behalf of a group of claimants on the grounds that the Finsbury ADEPT THR metal on metal (MoM) hip implant has an inherent design defect which leads to the excessive release of cobalt and chromium ions into the area around the ADEPT MoM hip implant.

The Finsbury ADEPT MoM THR was the subject of an Urgent Field Safety Notice on 15 January 2013. As a result of higher than expected revision rates for the ADEPT 12/14 Modular Head, DePuy has ordered that all ADEPT 12/14 Modular heads held by hospitals should be quarantined and returned to the manufacturer. The manufacturer states that problems associated with the ADEPT THR which led to premature revision surgery include loosening of the stem, soft tissue reactions and pain.

Garden House Solicitors have noted that as a result of these cobalt and chromium ions, patients have suffered from their muscles and bones being destroyed. Patients have needed revision surgery prematurely as a result of the damaged caused by their Finsbury ADEPT MoM THR. In some cases, the damage has been so extensive that patients have been left with an ongoing disability. Often the full extent of the damage caused by a Finsbury ADEPT MoM implant is unknown until a patient requires revision surgery where extensive metallosis and tissue and bone necrosis is noted. This can make the process of performing revision surgery more complex and result in the replacement hip implant not lasting as long as expected.

It is important that patients with a Finsbury ADEPT MoM THR contact their surgeon to arrange for an appropriate investigation to take place which should include blood tests to measure the level of cobalt and chromium ions and an MRI scan. This is all the more important if you are suffering from pain in the groin, have trouble walking or experience grinding, noises or swelling associated with the Finsbury ADEPT hip implant.

Kevin Timms is forming a group of claimants and encourages anyone with a Finsbury ADEPT MoM THR to contact him for free advice on whether a compensation claim can be taken forward on a No Win No Fee agreement.

Kevin specialises in defective product claims and is in receipt of instructions from all over the country in respect of metal on metal hip implants, both resurfacing and total hip replacement. The symptoms experienced from these hip implants are not acceptable and after sustaining life changing injuries as a result of a MoM hip implant you should seek legal advice from someone who has the expertise and understanding to guide you in your claim and to identify the right defendant to pursue.

Kevin can be contacted on 01992 422 128 or at kevin@gardenhousesolicitors.co.uk.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Seeking Professional Legal Advice after an Accident

Article by
Dave Koon Koon

I have recently come across an increasing number of employers who are trying to settle claims for personal injury, directly with their employees, without once mentioning to the employee that they should seek independent legal advice.

We have seen this scenario before by way of ‘third party capture’ where the Defendant’s insurance company contacts the injured party directly offering to pay them off before they seek legal advice and in either scenario accepting the offer directly from the Defendant or their insurer, without seeking legal advice, leaves the injured party at a very serious risk of being under compensated.

In addition to not being adequately compensated my concern is that the injured party may be losing out on the chance of seeking funding for the rehabilitation or medical treatment they may need and usually the need for rehabilitation or medical treatment is only highlighted once the injured party is examined by a medico legal expert.

I have managed to secure funding for a wide range of medical treatments which can vary from physiotherapy, osteopathy, cognitive behavioural therapy, counselling sessions, dental treatment, ophthalmic care, scar revision surgery and various other surgical procedures.

If my clients had accepted the offers made by the Defendant, without first receiving legal advice, they would not have been able to afford the cost of the medical treatment that they required and their recovery would have possibly taken much longer.

If you have been involved in an accident at work or an accident in a public place please contact me on 01992 422 128 or at dave@gardenhousesolicitors.co.uk for further advice and assistance.     

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Injured Whilst Shopping



Article by
Dave Koon Koon



Great start to the week as I have just settled another claim.

My client was injured whilst shopping at a DIY store in Stevenage. She was looking at a product displayed at the end of an aisle and whilst observing the product she stepped onto a wooden plank that had fallen off the side of the display.

The wooden plank had exposed screws and my client did not see these as her attention was focused on the product being displayed. On stepping onto the wooden plank a screw punctured her foot causing her injury and she required medical attention as a result.

Liability was admitted as the Defendant clearly should have had a better system in place to identify that its display was broken and posed a hazard to shoppers.

PIP Breast Implant Group Litigation Order Claims - Register of Claimants due to Close

Added by
Kevin Timms

www.gardenhousesolicitors.co.uk

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The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Responsible Dog Ownership

Article by
Dave Koon Koon

The BBC has reported today that according to the PDSA ‘nearly one in three UK dog owners has reported being bitten or attacked by a dog’ and that 1.3 million dogs in Britain are exhibiting what is described as ‘problem behaviour’.

An explanation for this is a lack of adequate obedience training at an early age or at all and the deliberate training of dogs to be aggressive.

The survey referred to in the PDSA Report was conducted by YouGov researchers and highlights that 61% of dogs had not attended training sessions within six months of life and it would appear that the problem with aggressive dogs could be halted with obedience training done at an early age. The solution here is obviously educating dog owners about their responsibilities not only to their dogs but to members of the public in general and the Good Citizen Dog Training Scheme promoted by the Kennel Club is one of the schemes that promotes responsible dog ownership.

Parsloe Athletic U15's Season Update

Article by
Dave Koon Koon

I was lucky enough to be at a Parsloe Athletic U15’s game for a goal fest on 28 October 2012. The game ended in a 6-6 draw but the teams were evenly matched and Parsloe Athletic U15's never gave up looking for that deciding goal, even up to the final whistle. The boys should be proud of the way they played and it was the best game of football I’d seen that weekend, especially after watching the Stoke v Sunderland highlights earlier that morning.

Parsloe Athletic U15s are currently 7^th in the Mid Herts Rural Minors League, U15s Division 1 and with two away games coming up they’re hoping to get those 6 points that will push them higher up the table.

All the team at Garden House Solicitors continue to be very proud of the boys and in particular the way they have gone from strength to strength over the years, moving into higher divisions throughout.

The boys even had time to take a team photograph for us before their game and before they got muddy.  I for one am looking forward to the next home game, but this time I will definitely take a scarf and some gloves.

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The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Will Writing Solicitors Hertford

Article by
Sharon Brown

Many people continuously put off making a Will - whether it's through lack of time or not wanting to consider their own mortality.  The vast majority of my clients who are making Wills tell me they have been meaning to get round to it for years.   

 

I pride myself on making the will writing process as painless as possible.  Many of my clients are surprised at how easy it actually is, and question why they ever put it off in the first place. 

 

Making a Will does not mean you are tempting fate or that you are going to pass away in the imminent future.  However, it does mean that you no longer have to worry about doing it, and that you can have the peace of mind knowing you have made things as simple as possible for those you eventually leave behind.

 

Please don't put off making a Will any longer.  Call me on 01992 422128 or email sharon@gardenhousesolicitors.co.uk to arrange a mutually conveneint appointment.  You can visit me in the office or I can visit you at home, and evening or weekend appointments can be arranged.

 

I look forward to meeting you soon!

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The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

From Little Acorns Big Trees Grow

Article by
Ruth Allen

Garden House was established in April 2006 and I am very proud to say I was there at the beginning together with 2 other members of staff.   I set up the accounts system using a tried and tested Legal Accounts Package which I had used before called Lawbyte.  I worked an evening a week as I had a full time job in Stevenage at that time. It was obvious then that the firm would grow but who could imagine how big it would grow to and how quickly?

Six and a half years later we now have 11 employees and we are still growing. I am now Practice Manager and Amanda Carron assists with the accounts and I work 3 days a week.  It is a superb firm to work for with a great atmosphere and a good mix of people. We are like one big happy family.

In 2006 we were an acorn and in 2012 we are a Big Tree but with plenty more growing to do.

Connect with me on LinkedIn

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The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Who Will Look After my Dog When I Die?

Article by
Sharon Brown

This is something nobody likes to have to consdier, but is a question I have been asked so many times by clients making their Will.  For many people, this is as important as deciding who will act as guardian for their children or who will get their money. 

If you have a spouse, close relative or close friend who likes animals you can simply ask them if they would take care of your dog should anything happen.  Some people to choose to leave a legacy to the person, as a way of saying thank you and to make sure that the person has sufficient money to pay for future vet bills. 

There are also a number of charities who offer free schemes whereby you can register with them during your lifetime and they will take care of your pets when you pass away.  Again, you may wish to leave a legacy to your chosen charity by way of a thank you. 

Will Aid 2012

We are pleased to announce that we will be taking part in Will Aid in November 2012.

Will Aid is an annual event across the country, where solicitors offer clients the chance to update an existing Will or make a new Will free of charge.  All we ask is that you consider making a donation to Will Aid, who support the work of the following charities:

• Actionaid
• Age UK
• British Red Cross
• Christian Aid
• NSPCC
• Save the Children
• SCiAF
• Sightsavers
• Trocaire

The amount you donate is entirely up to you, but Will Aid have suggested a minimum amount of £90 for a basic single Will or £135 for ‘mirror’ Wills (Wills for a couple).  

 

If you have an existing Will and wish to make a small amendment to it with a ‘codicil’ the suggested minimum donation is £40.

For more details of the scheme please see the Will Aid website.  If you have any questions or would like to make an appointment please telephone 01992 422128 or email Sharon Brown – Sharon@gardenhousesolicitors.co.uk

Appointments are available throughout November but are booking up fast.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Bringing a Claim for Personal Injury – the Justice, the Industry and the Risk

Article by
Nidhi Chopra

Garden House Solicitors are renowned for our personal injury work. We do not take on cases through Claims Management Companies and we are often instructed by people who have been recommended to us by previous clients. As a solicitor it is very rewarding to reach a successful outcome for a client that has had the misfortune of suffering a life changing injury, caused by the negligence of another.  Many injuries are life changing and not only for the client but also their family.  

In a claim for personal injury a client is able to recover compensation for the pain suffering and loss of amenity that a client has suffered as a result of the injury. The client can also claim for financial losses that are incurred and will be incurred in the future as a result of the accident. By taking detailed instructions and through the use of evidence from expert witnesses we are able to build a description for the Court of what our client has suffered and what their life is likely to be like in the future so that an appropriate award can be made. 

The Judicial Studies Board has set up guidelines on how much compensation should be awarded for each injury. We value a client’s injuries in accordance with those guidelines and also by giving consideration to awards made in previous cases where similar injuries have been suffered. 

Can my Spouse Change Their Will After I Die?

Article by
Sharon Brown

The simple answer to this question is yes.  A Will is an individual document, which can be changed at any time (provided the testator has capacity to do so).

However, if two people have made “Mutual Wills” they have agreed not to amend their Will without the consent of the other person.

Many people confuse Mutual Wills with Mirror Wills, which is the term given when two people make very similar Wills at the same time, for example, everything to their spouse followed by their children.

Paws for Thought

Article by
Patricia Ling

As a responsible dog owner it is your duty to make yourself familiar with various laws that affect you as a dog owner and I hope this blog will help you. If you comply with all of these laws you should have no problems with your dog but if you do have any problems please contact us at Garden House Solicitors so that we can help you.

The Control of Dogs Order 1992

This law requires that all dogs wear a collar and a tag showing the owner’s name and address on it whilst they are out at a public place. Any dog without a collar in a public place can be seized by the police and treated as a stray. If your dog gets out by accident you should immediately contact the dog warden in your local area and the local police station and notify them of that because the Environmental Protection Laws Act 1990 allows the dog to be seized, sold or destroyed if it is not claimed within 7 days.

Client Injured as a Result of a Head-On Collision

Article by
Dave Koon Koon

I have today settled a claim for personal injuries resulting from a head-on vehicular collision.

My client was the front seat passenger in a car being driven by the Defendant and was injured after the Defendant attempted to overtake a slow moving farm vehicle on a country road. The overtaking manoeuvre should not have been undertaken and the Defendant’s car was involved in a head-on collision with a vehicle coming from the opposite direction. 

My client suffered a whiplash type injury as well as a psychological injury and in settling this claim I included, and recovered, the full cost of my client’s recommended psychological treatment, in the sum of £1,500, which will be provided on a private basis.

Luckily my client’s injuries were not as severe as they possibly could have been and the claim was settled by negotiation, following the issue of Court proceedings, for approximately £6,000.

If you have been injured as a result of a road traffic accident contact me on 01992 422128 or at dave@gardenhousesolicitors.co.uk for further advice and assistance.    

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.