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Can you recover costs in a small claims dispute?

The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions.

One of those exceptions is if the Court thinks a party has behaved unreasonably.

Residential tenancy deposits – are you protected?

Landlords and Tenants should take heed of the importance of complying with the legal requirements centring around the protection of tenancy deposits.

As most Landlords will be aware, any deposit paid in connection with an Assured Short-hold Tenancy since 6th April 2007 must be registered with an authorised Tenancy Deposit Scheme. The Tenant must be provided with prescribed information within 30 days of receipt of the deposit. Landlords are required to register the deposit within 30 days of receipt.

Timeshares – not all ‘fun in the sun’

Each year, thousands of Brits are cold called or approached in the street to be hailed as “competition” winners or presented with offers of “free holidays”. The catch being you have to attend a presentation in order to claim your “prize”.

The presentation is a high pressure sales pitch which can last several hours with many people finding it difficult to leave without signing up for a Timeshare, a decision they often later live to regret.

High earning wives ‘bullying’ men out of generous divorce settlements

According to a recent report in the Telegraph, more men than ever are receiving generous payouts from the divorce courts, with some also securing ongoing monthly maintenance from bread-winning wives.

This is likely to be an increasing trend, with women earning higher salaries and often being the main earner in a family. The Institute of Public Policy Research states that for 1 in 3 UK families, it is the wife who is the higher earner.

Legal action proves girl would not have suffered cerebral palsy if delivery was just 21 minutes earlier

We were instructed by the parents of a girl who was born with brain damage leading to the neurological condition cerebral palsy which significantly affects her movement and
co-ordination.

Her parents wanted to understand how this had happened believing that it was entirely preventable. Our investigations found that during their daughter’s birth, medical staff had administered excessive amounts of a labour inducing stimulant.

New increase on Probate Court fees to hit UK families

The Ministry of Justice has now confirmed that the Government is pressing ahead with substantial increases in Probate Court fees.

This decision arises despite arguments against the move by The Society of Trust and Estate Practitioners, Solicitors for the Elderly and the majority of respondents to the Government consultation process.

Advice for landlords on new EPC Minimum Energy Efficiency Standards

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 were made on the 26th March 2015. They introduced a change in the law whereby from the 1st April 2018, it will be unlawful to privately let residential and commercial properties with an EPC rating of ‘F’ or ‘G’, unless one of the exemptions detailed below applies.

It is important to note that the Regulations will not apply to properties that are not required to have an EPC or where a property is let for a period of less than six months or for a term of more than 99 years.

Pleural thickening diagnosis more than 40 years after asbestos exposure leads to five figure settlement

Our client worked as a water fitter’s mate for a year when he was 20 years of age. Exposed to significant quantities of asbestos dust during the course of his duties, he received a pleural thickening diagnosis as a result more than 40 years later.

His job at the time involved repairing boilers in public buildings including health centres, schools, libraries and colleges. His tasks included stripping the asbestos lagging off the boilers and re-applying new asbestos by mixing the substance in cement form in a bucket with water.

Inadequate mental health care led to man’s avoidable suicide

We represented a client, whose husband had suffered a history of depression and multiple suicide attempts, following his death which she believed was an avoidable suicide.

Estranged from his wife due to violent episodes which had involved police intervention and his increasing mental health issues, he had received both in and out patient treatment before ultimately succeeding in taking his own life

Property purchase pitfalls

The Land Registration Act 2002 specifies the transactions of land that trigger compulsory registration with the Land Registry. This includes the transfer of property between sellers and buyers, the creation of a new lease, the gifting of land between families and taking a mortgage over a property.

The registration of title deeds with the Land Registry has a number of important advantages and supports home owners by providing state-backed registration which gives greater security of title. If the deeds to your property are not registered or if you are uncertain as to whether or not you have registered title to your home then the property team at Linder Myers can assist you.

Voluntary first registration – is your property safe?

The Land Registration Act 2002 specifies the transactions of land that trigger compulsory registration with the Land Registry. This includes the transfer of property between sellers and buyers, the creation of a new lease, the gifting of land between families and taking a mortgage over a property.

The registration of title deeds with the Land Registry has a number of important advantages and supports home owners by providing state-backed registration which gives greater security of title. If the deeds to your property are not registered or if you are uncertain as to whether or not you have registered title to your home then the property team at Linder Myers can assist you.

Preventable patient deaths within the NHS to be reported on from April 2017

In 2015 495,309 deaths were registered in England alone. Nearly half of those (47%) involved patient deaths in hospital with reports that 200 preventable patient deaths take place across the NHS every week.

A review was set up by Health Secretary Jeremy Hunt to investigate a number of NHS Trusts and probe how avoidable deaths were looked into and how many Trusts were showing evidence of learning from any mistakes made.

Grandmother dies as a result of delayed DVT diagnosis just nine days after hospital admission

We recently represented the family of a young grandmother aged 61 who was admitted to her local hospital via ambulance complaining of a warm, swollen and painful knee.

Acutely aware of a family history of deaths due to deep vein thrombosis (DVT), medical staff were alerted to the fact by her family on the day of her admission.

Medical staff however, failed to note this or carry out the appropriate tests or start the appropriate treatment. An MRI scan was requested the next day, however, it was not viewed to be urgent so this did not take place.

£280,000 secured following the avoidable death of a 40 year old woman

Our client was obese and suffered with diabetes and infertility problems when it was agreed that a gastric bypass procedure may help ease these conditions, the procedure led to her avoidable death however.

Following her operation, she was provided with dietary advice however, just two and a half months later, she was seen by a specialist suffering with vomiting and showing signs of micronutrient deficiency and was given vitamin supplements.

Five months following her gastric bypass, her diet was considered to be fine however, she was having difficulty with consuming bread and meat. She was subsequently discharged after failing to attend her follow up appointments.

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