Liverpool Solicitors

Future Law With Pre-Nups For Family Lawyers

Fraser Kelly — Fri, 08 Jul 2011 15:58:11 +0000

Prenuptial agreements have always been in the background of many family proceedings. On many occasions the judiciary have resisted them. This, bearing in mind that our fellow EU member states have been recognising them for years.

Our Courts have always held the view that they should not be subservient to an agreement reached between the parties in family proceedings. However, then came Macleod, followed by the much famous case of Radmacher.

Now the Courts appear to recognise an agreement freely negotiated between parties, with the benefit of independent legal advice. A change in the law to give proper recognition to prenuptial agreements is currently being considered. This is a huge development in the area of family law.

Prenuptial agreements require very careful drafting otherwise they may fail the enforceability test. It is believed that prenuptial agreements are going to form the future of many family finances.

Scullion v Bank of Scotland Plc t/a Colleys [2011] EWCA Civ 693

Fraser Kelly — Wed, 06 Jul 2011 10:21:16 +0000

A significant amount of publicity arose out of the Court’s decision at first instance in this case, arguably seen as an opportunity for Buy to Let investors (“BTL”) to pursue Buy to Let claims against valuers for negligence where the investors had failed to obtain a valuation report of their own and instead relied upon the report produced by their lender’s valuer.

Colleys, who was the valuer engaged by Mr Scullion’s lender and the Defendant in this case, appealed the decision.

On 17th June 2011 the Court of Appeal handed down its’ decision and disagreed with the Court at first instance. The Court of Appeal held that a valuer, instructed on behalf of a lender, owed no duty of care to a BTL investor.

It had been held, prior to the Court of Appeal’s ruling, that a negligent valuer did owe a duty of care to a Buy to Let investor in respect of both a capital and rental valuation.

In 2002 Mr Scullion bought a two bedroom flat on a Buy to Let basis. Colleys was instructed to produce a capital and rental valuation to Mr Scullion’s lender and the valuer was paid £35 for doing so, although importantly no contractual relationship existed between Mr Scullion and Colleys.

Exchange of Contracts took place on Mr Scullion’s purchase before the valuation report had been shown to Mr Scullion and it later transpired that the valuation report over-valued both the capital value and the likely rental income of the property.

As a result Mr Scullion brought a claim for negligence against the valuer, seeking damages caused by the over-valuation of the report because he was ‘out of pocket’ on the rental income and was successful.

Colleys denied liability throughout, claiming no duty of care existed and causation was disputed on the grounds that Mr Scullion only received the valuation report post exchange of contracts.

Colleys appealed the decision.

Colleys argued that no duty of care arose in the absence of a contract between the parties and further that a Buy to Let investor was not an ordinary residential purchaser and could therefore be distinguished from cases such as Smith v Bush which Mr Scullion had sought to rely upon.

The Court at first instance had held that Mr Scullion was not “in no sense a professional property developer”. The Court of Appeal disagreed. They held the case did not involve an “ordinary domestic householder purchasing his home” and it was not therefore foreseeable that Mr Scullion would rely upon the valuer’s report as opposed to obtaining his own.

The Court of Appeal’s decision is likely to have an impact upon Professional Negligence claims arising out of Buy to Let investments and it will make it significantly more difficult for such investors to pursue Buy to Let claims against valuers in the absence of a contractual relationship.

Hugh Grant ‘deciding’ whether to sue after joining the list of celebrities who fear their phones were hacked

Fraser Kelly — Wed, 18 May 2011 10:53:59 +0000

Hugh Grant claimed police investigating the case showed him evidence he had also been targeted.

Last month News International admitted liability over a number of phone hacking cases involving the News Of The World and set up a compensation scheme to deal with ‘justifiable claims’.

Actress Sienna Miller received £100,000 from the News of the World earlier this month, after the paper admitted hacking her mobile phone.

But Mr Grant said he was still considering whether to take the matter through the courts.

He went on to all but declare war on tabloid newspapers and said he hoped they went out of business.

And he gave his backing to the use of superinjunctions, but admitted they were an ‘imperfect’ way of reserving a level of privacy for those in the public eye.

Mr Grant said: ‘I also had the cops come round the other day who are now very hot on the criminal case and that’s exciting and I think very big heads will roll soon.’

He said the police had visited ‘to show me the evidence – all these notes with my PIN numbers, my phone numbers, my friends’, my family’s PIN numbers, bank accounts – all written down by a private detective working for the papers.’
Mr Grant added: ‘I’m sure if a policeman were here he would be saying don’t discuss any of this so I better shut up.’
Asked whether he would take his own legal action, Mr Grant said: ‘I could do and I’m just deciding whether to do that or not.’

And he was critical of tabloid newspapers. ‘We don’t need them, we don’t want them and as soon as they go out of business the better,’ he said.

‘The tabloid press is completely unnecessary – at least in my industry – to what you do. You need to make a good film, that’s 97 per cent of it; then about 2 per cent of it is having good advertising materials, good trailer etc and then right on the end make a bit of noise with publicity if you can.

‘But almost no one will talk to the tabloids. They’ll usually do it through radio or television or the internet.’

A host of high-profile names who have made claims against the News of the World, including actress Sienna Miller and former culture secretary Tessa Jowell, have received apologies from the newspaper.

Three journalists at the paper have been arrested since the Metropolitan Police reopened its inquiry into claims that staff hacked into the answerphone messages of celebrities and politicians.

It has been estimated that News International has set aside £20 million for payouts.

Scotland Yard has endured repeated criticism over its handling of the original phone-hacking inquiry, which led to the conviction of News of the World royal editor Clive Goodman and private investigator Glenn Mulcaire in 2007.

The paper’s former editor, Andy Coulson, resigned as Prime Minister David Cameron’s director of communications in January after he admitted that the ongoing row about the affair was making his job impossible.

Days later the Met launched a fresh investigation, codenamed Weeting, after receiving ‘significant new information’ from News International.

Mr Grant accused newspapers of ‘stealing someone’s most precious commodity for profit’ by invading their privacy.
‘There’s nothing to do with public interest – it’s purely to do with money,’ he said.

‘It’s been a scandal that I think has been going on in this country for too long. So injunctions – imperfect though they are – are at least to be welcomed because something’s being done.’

Mr Grant, 50, also revealed he had largely left the acting world.

He said: ‘One of the reasons I feel so brave about speaking out now is I am pretty much retired.’

Man attacked in St Helens left with serious head injuries

Fraser Kelly — Tue, 12 Apr 2011 08:37:17 +0000

A 30-year-old man believed to be from the St Helens area was found in Napier Street by emergency services shortly after 1.45am suffering from a severe head injury. He was taken to hospital by ambulance where he has already undergone treatment and his condition is described as critical but stable.

Detectives called to the scene carried out immediate house-to-house investigations to gather as much information as possible but are still appealing for any witnesses to the incident.

Detective Inspector Gayle Rooney said: “This was a vicious attack that has left the victim in a critical condition. We are looking into the possibility that he may have been assaulted somewhere else in the area before returning to Napier Street. Anyone with any information about this incident to contact us.”

Merseyside police have appealed for anyone with any information to call St Helens CID on 0151 777 1565, or Crimestoppers, anonymously, on 0800 555 111.

If you have been the victim of a similar incident and/or need a solicitor for any other reason QualitySolicitors Keith Park (based in St. Helens) can help you.

Expert Witnesses No Longer Immune From Being Sued

Fraser Kelly — Thu, 07 Apr 2011 11:59:50 +0000

When a motorcyclist from Liverpool was hit by a car back in 2001 he probably couldn’t have imagined his case would end up being a focal point at the Supreme Court as a point of general public importance.

The Supreme Court has decided that a rule that protected expert witnesses through immunity for over 400 years should be scrapped allowing them to be sued in the civil courts. This is a decision that has been welcomed by personal injury solicitors in the UK.

The victim of the road traffic accident, Paul Wynne Jones of Liverpool, on the recommendation of the expert witness, had to settle for a much smaller settlement than would have been the case if he was allowed to pursue the driver for damages. Wynne Jones, unhappy with this, decided to go down the route of professional negligence and issue proceedings against the expert witness which was thrown out when a High Court judge ruled that the expert witness was entitle to immunity. The case eventually ended up at the Supreme Court where the landmark decision was made by a majority of 5 to 2.

Lord Phillips said of the decision: “All who provide professional services which involve a duty of care are at risk of being sued for breach of that duty. They customarily insure against that risk.

“It would be quite wrong to perpetuate the immunity of expert witnesses out of mere conjecture that they will be reluctant to perform their duty to the court if they are not immune from suit for breach of duty.”

Personal Injury and Professional Negligence cases often go hand in hand especially when the victim is unhappy with their damages. QualitySolicitors Keith Park’s Professional Negligence team will review your case which generally, after an initial discussion with you, can be carried out on a No Win No Fee basis. Our Personal Injury department can also assist by reviewing any previous personal injury claims you have made in the last 6 years to ensure that you got the maximum amount of compensation possible first time round.

Shift in Responsibility for Private Sewers

Fraser Kelly — Thu, 07 Apr 2011 10:45:10 +0000

You may have had a fleeting look at the leaflets that seem to come through our doors on a weekly basis about cover for damage to your pipes but do you really know who is responsible for the sewage pipes that connect your home to the public sewer?

New legislation is being brought in from October 2011 which will see an end to home owners having to fork out for leaks and other repairs to ‘their’ pipes as the responsibility will be placed at the feet of each of the 10 water companies that currently supply water to the UK.

You could be forgiven for overlooking the fact that you and your neighbours are responsible for part of the pipe work when damaged but unfortunately as a home owner you are only made fully aware of any problem or liability when the damage actually occurs.

The proposals coming into effect later in the year have brought a bit of clarity and definition to the matter. Any pipes that fall inside a property’s boundaries that connect to drains from the property to the sewer or lateral drain will remain the home owner’s responsibility – anything else will be looked after by the water company. The exception to this being if other properties drain through your own.

It is hoped that these proposals will be approved by the summer (2011) when they are presented to Parliament. However, it will not be the water companies themselves who will foot the bill for this nor will it be the Government so don’t be surprised if you see a small increase in your water charges in the near future.

If you are thinking of moving house you should make sure you use a conveyancing firm who will do all the necessary checks for you and uncover any likely issues that may arise from your purchase or sale. QualitySolicitors Keith Park can provide this service for you and allow you to check on the progress of your case online 24/7.

Boy with Cerebral Palsy Awarded £8m Compensation

Fraser Kelly — Thu, 07 Apr 2011 08:26:34 +0000

A 12 year old boy has won £8million in compensation a court battle that began shortly after Nathan Humphries, of Kidsgrove, Staffordshire, was born. The University Hospital of North Staffs NHS Trust have taken this long to take responsibility and settle the claim for compensation.

Nathan was left with cerebral palsy and epilepsy after the blunder on April 27th 1998 which saw midwives at the hospital fail to act on mother Beverley’s high blood pressure which led to her suffering a seizure (eclamptic fit) and Nathan being deprived of oxygen whilst in the womb.

Despite the settlement and an end to the long-running dispute, there remains an anger from the Humphries family towards the hospital and one midwife in particular.

After Manchester High Court approved the huge payout – one of the highest ever seen there – Nathan’s mother, Beverley, said: “There were a lot of good midwives but there was one who we blame and always will. I still feel angry that mistakes that should never have happened led to Nathan suffering a life-long disability.

“I am relieved that the settlement will mean that Nathan can be cared for in the way he needs, for the rest of his life.”

The family now intend to use part of the initial £3m instalment to buy a house that they will suitably adapt in accordance of their son’s needs. The rest of the settlement, which has been calculated on Nathan’s life expectancy of 67 and will be paid annually, has been index-linked to account for inflation.

A spokesman for University Hospital of North Staffs NHS Trust said: “While we appreciate no sum of money can be said to compensate for the injury that Nathan has sustained, the Trust very much hopes that the settlement has provided the necessary degree of financial security for Nathan for the rest of his life.”

Medical negligence occurs everyday, many cases going unnoticed and/or unreported. If you feel you have been the victim of medical negligence or if you need a solicitor for another reason QualitySolicitors Keith Park can help.

Injured as a result of a pothole? Can you make a claim?

Fraser Kelly — Wed, 23 Mar 2011 17:27:56 +0000

Over the past couple of years there has been widespread damage to roads and public paths caused by unusually cold weather conditions and, as a result, potholes have appeared throughout UK forcing the Government to announced additional funding of £100m for local authorities to deal with the problem. Potholes remain a concern and despite efforts to fix the problem many previously reported potholes still exist. This has naturally led to injuries to pedestrians and motorists which has consequently triggered a noticeable increase in personal injury claims in the UK.

The AA, who hold one of the largest databases of reported potholes, confirm that the problem of potholes have been the cause of many injuries, some serious and some even resulting in death. With cyclists most at risk of serious injury it is no surprise to hear that broken arms and wrists are commonplace after hitting a pothole.

The cost to the UK motorist in vehicle repairs each year has been estimated at almost £3 million. Damage to suspension, wheel axles and cracked glass are consequences that motorists have to deal with. Poor roads and potholes highlight the lack of funding for road maintenance, as does the fact that Local Authorities payout in excess of £50 million in compensation claims.

Local Authorities have a duty to act on potholes and poor road conditions within a specified length of time from the date the pothole was reported to them. If they fail in this duty and the pothole becomes the cause of an injury then they are held responsible and it is only right that the victim should receive damages to reimburse them for their outlay and injury.

On the question of increased funding for the repair and maintenance of roads and potholes, transport secretary Philip Hammond suggested that the funding should mean safer journeys with reduced risk of injury and damage “millions of motorists across the country have their daily drives ruined by potholes”.

If you have been the victim of a pothole, QualitySolicitors Keith Park would like to here from you. As experts in claiming personal injury compensation we are confident we can help you and you will keep 100% of your compensation.

The use of Twitter in the Legal Sector

Fraser Kelly — Mon, 21 Feb 2011 16:02:25 +0000

Having a Twitter account is becoming more and more commonplace for all but if you have a look at the percentage of people who never tweet it is quite high. Reports suggest between 40-50 percent never, or rarely, use Twitter. At QualitySolicitors Keith Park we are proactive in this area because we recognise that Twitter can be a useful tool to develop your network and it can also help you develop close client relationships which we appreciate are fundamental to the success of our firm – the same would apply to any business.

The best ways to use Twitter to build your business

Don’t jump straight in broadcasting special offers at every opportunity. Make yourself useful with comments and information for your followers and you will notice you will become more popular. QualitySolicitors Keith Park use Twitter this way whilst dropping the name of our firm, links to our website and lists of our services. Twitter is, without question, a good channel for promoting legal blogs, press releases and newsletters (amongst other things) but no one wants to read a constant stream of it. If you are being followed it’s because they are interested in what is happening in your world. Our advice is to not be overly self-obsessed utilise the retweet feature that lets you redistribute other people’s useful tweets and remember that your followers are real people looking for real conversations.

The content of your tweets is all important. DO NOT make them too personal. Your followers want to be fed useful information – they do not care what underwear you are wearing. If you are tweeting on behalf of a law firm your tweets should be based on professional opinion that is accurate to the best of your belief and should be confidential in accordance with the legal code of conduct. Despite the required professionalism of your tweets you should ensure that they remain friendly and where possible light-hearted. As with QualitySolicitors Keith Park’s profile your Twitter company page should reflect and represent the firm as a whole, not just one specific department and definitely not the person who is tweeting on behalf of it. It may be beneficial to set up personal accounts to run alongside your firm’s account in order to show the human side of your firm. However, if you are careful it may be an unnessary task for your employees to set up their own accounts.

Interact with your followers as much as you can – Create conversation where possible and not just post links to existing content. Ask for opinions on things and when you get responses you know you are doing something right.

There will be times that someone, or lots of people, will disagree with something you have said or your views, or maybe they have something bad to say about your firm. Don’t take it personally, remain polite and try to help them by discussing it rationally. It could well be that a direct message can resolve any disputes before they escalate into more than they need to be. All feedback is good. Without bad feedback you cannot improve.

Twitter is a fantastic tool for any law firm and if you’re not on it yet why not?

QualitySolicitors Keith Park

Tel: 0800 195 5218
Email: contact@kpsolicitors.com

Rightmove House Price Index shows new sellers numbers at two year low

Fraser Kelly — Tue, 18 Jan 2011 12:10:50 +0000

With the release today of their January House Price Index Rightmove are forecasting a spring stock shortage will underpin prices in popular locations as new seller numbers dwindle. Rightmove also reports that there has been record internet activity indicating stirring buyer interest.

With property coming to market at its lowest level since January 2009 scarce new sellers have raised asking prices by 0.3% (£711), the first rise in three months. The most significant absentees are potential sellers of semi-detached properties who are either unwilling or unable to move. The VAT increase is also not helping with those struggling to stay in their homes as well as hitting first time buyers and trader-uppers who are saving hard to save the huge deposits required. We can only hope that this lack of property coming to market will assist an upward trend in new sellers’ average asking prices for the next three months as it coincides with the run in to the spring moving season.

Miles Shipside, director of Rightmove, comments:

“The opening skirmish in the 2011 price battle looks to be going marginally in favour of scarcer sellers, especially in locations preferred by tooled-up cash buyers or those packing a hefty deposit. With the number of new sellers at a two year record low, prices are being under-pinned by muted new supply just managing to fight off the downsides of lender reticence. However, in less popular locations, the smokescreen of New Year price optimism is temporarily masking the collateral damage that the new era of tighter credit will continue to inflict”.

While nationally new sellers average asking prices increased by just 0.3% (£711), they were outperformed by the confidence of the capital’s sellers who pushed theirs up by 1.1% (£4,470). This is a timely positive sign for new sellers as it breaks the downward spiral of falls seen in the previous two months when prices fell by a total of 2.4%.

Miles Shipside commented:

“This month’s price rise will come as a welcome respite to prospective sellers in the London area as they had witnessed falls in both November and December. Sellers in the run up to Christmas normally have a pressing reason to sell so chopped back their prices, while sellers launching to the market in the New Year are traditionally more optimistic.”

Source: Rachel Lyndon of Pencil-Case