The latest news from Blackhurst Budd
As a nation we are increasingly aware of the problems of an ageing population. This is particularly so with respect to what happens to us if we’re not able to make decisions for ourselves. Living Wills and Powers of Attorney are two solutions to this issue.
Back in July of this year, the Supreme Court found that the high tribunal fees of recent years were unlawful. The fees were considered to be blocking access to justice and, in addition to removing the fees for future cases, the government also pledged repayment of up to £32m to claimants who were able to take their cases forward.
These agreements are a legally binding way to bring to an end an employment relationship and/or to resolve a dispute in the workplace. The motivation behind using a settlement agreement is to try to avoid both parties ending up in an Employment Tribunal.
When we talk about divorce it’s often in the context of the rising numbers of people going through the process. However, the most recent figures from the Office for National Statistics indicate that the number of divorces in the UK has actually fallen in recent years.
The housing market can be an unpredictable place, but making improvements to your home to get it ready for a sale will always boost your chances of achieving the best possible price. So, what can you do to add value?
The issue of information disclosure surrounding a Will can be a tricky one, both for beneficiaries and for the trustee or personal representative.
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.
