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Month: September 2023

Categories
Preventable Suicide

Private Mental Health Provider Fined Over Inpatient’s Tragic Death

September 2023

A private mental health provider, Cygnet Health Care, has been fined £1.53 million after failing to protect the safety of an inpatient at its Ealing hospital in London. The fine follows a guilty plea to charges brought by the Care Quality Commission (CQC) and relates to the tragic death of a young woman who took her own life in July 2019.

This case represents a landmark moment in mental health regulation. Notably, it is the largest fine ever imposed on a mental health provider as a result of CQC legal action.

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Why Was Cygnet Health Care Prosecuted?

The CQC brought the case after identifying serious and repeated failings at Cygnet Hospital Ealing. In particular, the provider failed to ensure a safe ward environment and did not adequately protect the patient from known risks.

Cygnet Health Care admitted that it:

  • Failed to minimise ligature risks within the ward
  • Did not monitor patients in line with its own policies
  • Neglected to provide adequate staff training in emergency resuscitation procedures

Crucially, the hospital knew the patient had previously attempted suicide in a similar manner. Despite this, staff did not take sufficient steps to address the environmental risks she faced.

A Record-Breaking Fine by the CQC

This £1.53 million penalty marks the largest fine issued by the CQC against a mental health service. It follows a £1.5 million fine imposed in 2021 on Essex Partnership University NHS Foundation Trust, where failures in care contributed to 11 deaths.

Cygnet Health Care is owned by the US-based Universal Health Services. The case has renewed scrutiny of private mental health providers, particularly given that the NHS spends around £2 billion each year on private mental health services.

Wider Concerns About Private Mental Health Care

In 2022, an investigation by The Guardian revealed serious shortcomings in the care of at least 11 inpatients across Cygnet facilities since 2012. Similar issues were also identified at other private mental health hospitals, raising ongoing concerns about patient safety and accountability.

Following its investigation, the CQC stated that had Cygnet Health Care complied with its statutory duties, the patient would not have been exposed to such a high level of risk.

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CQC Response to the Case

Jane Ray, Deputy Director of Operations for the CQC in London, described the case as deeply disappointing. She stressed that people receiving mental health care, especially during vulnerable periods, should expect safe, compassionate, and competent treatment.

While she welcomed Cygnet Health Care’s guilty plea, she also criticised the provider for failing to learn from previous incidents that could have prevented this tragic death.

During sentencing, the judge clarified that the case was not about profit being placed over safety, but rather about serious and systemic failures in patient care.

Can You Claim for Mental Health Negligence?

If you have lost a loved one due to inadequate mental health care, you may be entitled to pursue a medical negligence claim. In addition, you may need legal support during the inquest process to understand what went wrong and why.

Our experienced medical negligence solicitors can:

  • Investigate the circumstances surrounding your loved one’s death
  • Identify failures in care or safety procedures
  • Support you through the inquest and legal process
  • Help you seek accountability and appropriate compensation

We understand how devastating these situations are. Therefore, we approach every case with sensitivity, care, and determination to secure answers and justice for families.

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Categories
Medical Negligence

Delayed Diagnosis of Sepsis and Medical Negligence Claims

September 2023

Sepsis is a silent killer that many people have never heard of. However, it causes more deaths globally each year than bowel, breast, and pancreatic cancer combined. Alarmingly, research suggests that almost 25% of sepsis-related deaths are preventable.

Even more concerning, recent research from Germany indicates that the four screening tools* currently used worldwide to identify life-threatening sepsis may be flawed. As a result, opportunities for early diagnosis and treatment can be missed.

Although sepsis can often be treated successfully with antibiotics when caught early, delays in diagnosis remain common. Unfortunately, these delays can lead to post-sepsis syndrome, long-term physical injury, psychological harm, or even death. Where this occurs, a medical negligence claim for delayed diagnosis of sepsis may be possible.

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What Is Sepsis?

Sepsis, sometimes referred to as blood poisoning, is a potentially life-threatening condition. It occurs when the body’s response to infection becomes uncontrolled, causing widespread inflammation and organ dysfunction.

Sepsis can develop from a wide range of infections, including bacterial, viral, fungal, or parasitic infections.

How Sepsis Develops

Sepsis usually progresses through several stages:

Infection

Sepsis often begins with an infection in the lungs (such as pneumonia), urinary tract, abdomen (for example, a ruptured appendix), or through an open wound.

Immune response

In response, the immune system releases chemicals into the bloodstream to fight the infection. However, in sepsis, this response becomes excessive.

Systemic inflammation

The uncontrolled immune response triggers widespread inflammation. This can cause fever, rapid heart rate, fast breathing, low blood pressure, and confusion.

Organ dysfunction

In severe cases, inflammation disrupts vital organs such as the heart, lungs, kidneys, or liver. Without urgent treatment, this can be fatal.

Severe Sepsis and Septic Shock

As sepsis worsens, it may progress to severe sepsis or septic shock.

Severe sepsis occurs when one or more organs begin to fail and requires immediate medical attention. Septic shock is the most critical stage and is characterised by dangerously low blood pressure and a high risk of multiple organ failure.

Prompt treatment is essential. Typically, this includes antibiotics, intravenous fluids, and supportive therapies such as vasopressors or mechanical ventilation in more serious cases.

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Why Is Sepsis Sometimes Diagnosed Late?

A delayed diagnosis of sepsis can have devastating consequences. Unfortunately, several factors contribute to delays, including:

  • Non-specific early symptoms
    Early signs of sepsis often resemble less serious illnesses, such as flu or viral infections. Symptoms may include fever, rapid breathing, confusion, and weakness.
  • Complex clinical presentation
    Because sepsis can affect multiple organs, its symptoms often overlap with other conditions, making diagnosis more difficult.
  • Lack of awareness or training
    Not all healthcare professionals are fully up to date with the latest sepsis guidelines or diagnostic criteria.
  • Underestimating severity
    In some cases, clinicians may initially underestimate how unwell a patient is, particularly if vital signs appear stable.
  • Communication failures
    Shift changes, agency staffing, and cross-department care can result in missed or delayed escalation of concerns.
  • Hidden infections
    Sepsis can be harder to detect if the source of infection is deep within the body or if the patient has multiple underlying health conditions.
  • Higher-risk groups
    Sepsis may present differently in children and older adults, increasing the risk of missed diagnosis.
  • System pressures
    Staff shortages and limited resources can contribute to delayed recognition of complex conditions such as sepsis.

Martha’s Rule and Patient Safety

The issue of delayed diagnosis is so serious that the Government has supported the introduction of Martha’s Rule in England. This rule allows patients and their families to request an urgent second medical opinion if they believe their concerns are not being taken seriously.

This change follows the tragic death of Martha Mills in 2021. Martha developed sepsis after a cycling accident caused a pancreatic injury. A Coroner later ruled that she would likely have survived if doctors had recognised the warning signs earlier and transferred her to intensive care.

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Can I Make a Medical Negligence Claim for Delayed Sepsis Diagnosis?

If healthcare professionals delayed diagnosing your sepsis and this resulted in avoidable physical or psychological harm, you may be entitled to compensation.

At NJS Law, our experienced medical negligence team can assess your case and guide you through the claims process.

Under the Limitation Act 1980, you generally have three years to bring a medical negligence claim. For this reason, it is vital to seek legal advice as soon as possible.

How NJS Law Can Help

We have a highly skilled and compassionate medical negligence team with extensive experience in delayed diagnosis claims, including sepsis cases.

Our solicitors will:

  • Listen carefully to your experience
  • Obtain and analyse your medical records
  • Instruct independent medical experts
  • Fight tenaciously to secure rehabilitation, support, and compensation

Throughout your claim, we will support you with care, professionalism, and determination.

* NEWS2 (National Early Warning Score), qSOFA (quick Sequential Organ Failure Assessment), MEWS (Modified Early Warning Score), and SIRS (Systemic Inflammatory Response Syndrome)

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Categories
Preventable Suicide

Coroner Warns of Rising Preventable Child Suicides Without Increased Mental Health Funding

September 2023

An east London coroner has issued a stark warning to the Health Secretary, stating that preventable child suicides are likely to increase unless the government provides urgent and sustained funding for mental health services.

Nadia Persaud, the coroner who led the inquest into the death of 12-year-old Allison Aules, wrote to Health Secretary Steve Barclay following the conclusion of the inquest in July 2022. In her report, she stressed that similar tragedies could occur “unless action is taken.”

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Findings From Allison Aules’ Inquest

At the conclusion of the inquest, Coroner Persaud identified a series of serious failures by North East London NHS Foundation Trust (NELFT) that contributed to Allison’s death.

In her formal verdict, she stated:

Allison didn’t receive the mental health care which she should have received, and I find that the absence of care contributed to her death.

Nadia Persaud

As a result, the inquest raised serious concerns about the standard of mental health care available to children and young people.

Under-Resourcing of CAMHS Highlighted

In a strongly worded Prevention of Future Deaths report, Coroner Persaud identified the under-resourcing of Child and Adolescent Mental Health Services (CAMHS) as a significant contributing factor.

The report, addressed to the Health Secretary, NHS England, and two Royal Colleges, highlighted:

  • Severe delays in mental health assessments
  • Insufficient staffing levels within CAMHS
  • Ongoing difficulties recruiting consultant psychiatrists
  • A lack of clinical leadership within mental health teams

Importantly, Persaud made clear that these issues were not isolated to one trust. Instead, she described under-resourcing in CAMHS as a national concern affecting services across England.

Delays in Care and Missed Opportunities

The inquest revealed that Allison’s mental health deteriorated significantly during the Covid-19 lockdown. Her school referred her to NELFT in May 2021 due to concerns including:

  • Self-harm
  • Anxiety
  • Low mood
  • Bed-wetting

However, despite the seriousness of these concerns, Allison waited nine months for an assessment. Tragically, she never received any face-to-face mental health treatment.

Coroner Persaud noted that such delays were common within CAMHS, particularly during and after the pandemic.

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Inappropriate Discharge Before Death

The inquest also found that Allison was inappropriately discharged from services just weeks before her death. This decision involved a management-led initiative aimed at reducing a large backlog of cases created during the pandemic.

Persaud strongly criticised this approach, especially given the scale of demand. At the time, the region was receiving around 140 CAMHS referrals per week, compared with just 10–12 referrals per week in the 2010s.

Risk of Further Preventable Deaths

Coroner Persaud warned that unless CAMHS services receive proper funding and staffing, future child deaths are likely to occur. She emphasised that rising demand combined with ongoing under-resourcing creates an unsafe system for vulnerable children.

Government Response Required

Under the Coroners and Justice Act 2009, the Health Secretary and NHS England have been given until 25 October to respond. They must explain:

  • What actions have already been taken
  • What further steps are planned
  • When those measures will be implemented

If no action is proposed, they must provide clear reasons why.

Department of Health Statement

The Department for Health and Social Care expressed its condolences to Allison’s family. It also confirmed a commitment to invest an additional £2.3 billion per year into mental health services by 2024.

According to the government, this funding aims to enable an extra 345,000 children and young people to access NHS-funded mental health support. The department stated that it is carefully considering the coroner’s recommendations and will respond within the required timeframe.

Legal Support After a Mental Health Death

If you have lost a loved one due to inadequate mental health care, you may be entitled to pursue a medical negligence claim. You may also need support during the inquest process to understand what went wrong.

Our experienced medical negligence solicitors can:

  • Investigate failures in mental health care
  • Support you throughout the inquest process
  • Help you seek accountability and answers
  • Pursue compensation for financial losses and suffering

We approach every case with compassion, professionalism, and determination.

CONTACT US

Get in touch using the form below or via the following methods:

0800 6525 656
medical@njslaw.co.uk

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Categories
Birth Injury

How Do I Claim Compensation For A Birth Injury?

September 2023

Most women giving birth today expect to leave hospital safe and sound with a healthy baby. Modern medicine has led us into a false sense of security when it comes to childbirth. We all know that pregnancy and labour were highly dangerous in the past, but surely nothing catastrophic happens nowadays? If only this were true. 

Unfortunately, scores of women and infants suffer birth injuries every year. Midwives and obstetricians usually provide exemplary care; however, due to NHS staff shortages, underfunding, and human error, mistakes happen and the consequences can be devastating.

If you or your baby have suffered a birth injury due to medical negligence, you may be able to claim compensation. 

What is a birth injury?

Birth injuries are injuries caused to a mother and/or infant before, during, or soon after labour. Examples of injuries that can affect the mother include:

  • Perineal trauma
  • Haemorrhage
  • Infection
  • Ruptured uterus
  • Prolapsed uterus
  • Broken pelvis
  • Pre-eclampsia

Babies can also suffer a range of birth injuries, including:

  • Cerebral palsy
  • Oxygen starvation (Anoxia or Hypoxia)
  • Brain injury
  • Broken bones
  • Infection
  • Erbs palsy, also known as shoulder dystocia
  • Stillbirth

Some are minor and leave no lasting ill-effects. Others are lifechanging for mother and/or child, resulting in the need for a lifetime of care and medical treatments. In between are the moderate injuries that affect the patient’s quality of life and cause pain and suffering for a period of time. In the latter two scenarios, making a claim for birth injury compensation provides not only a way to access money and rehabilitation, but also the ability to get an explanation for what went wrong.

How do I prove that negligence caused a birth injury?

If you believe you may have suffered negligent care or treatment during pregnancy and/or labour, or shortly after your baby was born, you will need to prove, on the balance of probabilities, that:

  • You were owed you a duty of care by the healthcare professional (the NHS Trust is normally the Defendant in such cases),
  • The duty owed to you was breached, and
  • The breach resulted in you and/or your baby’s personal injury.

Your Birth Injury Solicitor will examine you and/or your child’s medical records, talk to witnesses, and, most importantly, listen to your story in order to establish whether a birth injury claim exists.

If your Solicitor agrees that your care/treatment fell below the standard normally expected of a competent healthcare professional operating in similar circumstances, they will often instruct an expert in midwifery and/or obstetrics to write a detailed report to present to the Court on the likely cause of your injuries and your prognosis. The latter is particularly important when it comes to calculating the amount of damages to award should you win your case.

How long do birth injury claims take?

Claims involving moderate birth injuries can take anything from 12-24 months to conclude. Catastrophic birth injury claims, such as severe cerebral palsy, can take 36 months or more. This is because award settlements in such cases can run to millions of pounds and the evidence can be extremely complex.

Because these types of cases can take a long time, it is crucial that you choose a Birth Injuries Solicitor who you feel comfortable with. You need to feel confident that you can speak openly about your worries and frustrations and that they are by your side, fighting for a positive result. It is important to note that results do not mean only the final settlement. If you or your baby require urgent medical care and rehabilitation, your Solicitor will initially focus on getting a care plan in place and interim payments to fund the treatment required to increase the chances of recovery.

How do I pay for a Solicitor in a birth injury claim?

If you or your baby have suffered a birth injury, money is likely to be a key concern for you and your family, especially if you have had to take extended time off work and/or pay for medical treatment. If, having had an initial discussion, your Birth Injury Solicitor believes your claim has a good chance of success, they are likely to take your case on a No Win, No Fee basis. This means that if you lose your case, you will not be charged legal fees, although you may have to pay for any disbursements (expenses relating to your case).

Wrapping up

Over the past decade the sometimes shocking state of neo-natal and maternity care in England and Wales has been laid bare. One newspaper recently provided a concise summary of the situation to date:

“When it comes to neo-natal and maternity care, in the past decade alone the Ockenden review of the Shropshire maternity scandal (March 2022) revealed a “them and us” culture at the Shrewsbury and Telford Hospital NHS Trust between midwives and other staff, to the detriment of mothers and babies. A review by Dr Bill Kirkup (October 2022) of serious failings in maternity care at East Kent Hospitals University NHS Foundation Trust found women in labour were treated with “callousness” and “cruelty”, while trust chiefs appeared to play down problems. The Morecambe Bay report (March 2015) exposed a “lethal mix” of failings at almost every level in the maternity unit at Furness General Hospital in Cumbria. And an independent review of failings in maternity services at Nottingham University Hospitals, commissioned this year, is expected to uncover the biggest maternity scandal in NHS history.”

The above statement confirms that if you or your baby have suffered a birth injury through negligent care, you are far from alone. What matters now is you get the support you need to make a compensation claim so you can fund the rehabilitation and care you and/or your child needs. In addition, bringing a compensation claim can get you answers as to what caused you or your baby’s injuries, and/or an apology from the NHS Trust concerned.

Our team has decades of combined experience in successfully advising and representing clients in birth injury claims. We are sympathetic, understanding, and are here to help you every step of the way.

Call us on 01 625 667166 today to discuss your claim.

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Categories
Housing Disrepair Claims

3 Tips For A Housing Disrepair Claim

September 2023

When pursuing a housing disrepair claim, it’s important to approach the process strategically to maximise your chances of success. Here are three tips to help you with your housing disrepair claim by Gary Saunders:

1. Document the issues: Thoroughly document all the problems and disrepair in your property. Take detailed photographs or videos that clearly show the extent of the issues, such as mould, leaks, dampness… Keep a record of any communication with your landlord regarding the problems, including dates, times, and content of conversations, as well as any written correspondence. These records will serve as crucial evidence in your claim.

2. Notify your Council/Housing Association: It is essential to inform your landlord about the disrepair issues promptly. Provide written notice that clearly outlines the problems, including their impact on your health, safety, and living conditions. Be sure to send the notice via a method that provides proof of delivery, such as registered mail or email. Keep copies of all correspondence, as they will demonstrate your efforts to resolve the issues amicably.

3. Seek legal advice and assistance: Housing disrepair claims can be complex, and it is often helpful to consult with a legal professional who specialises in housing law. They can guide you through the process, assess the strength of your claim, and help you understand your rights and options. They may also be able to negotiate with your landlord or represent you in court if necessary.

If you’ve reported repairs to your landlord and they haven’t done anything, you can make a claim..

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
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At NJS Law we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their council to conduct crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Our team has decades of combined experience in dealing with Housing Disrepair Claims. We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim

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Categories
Medical Negligence

Royal Sussex Hospital Under Medical Negligence Investigation

September 2023

An ongoing police investigation into allegations of medical negligence and an alleged cover-up at the Royal Sussex County Hospital (RSCH) in Brighton has expanded to include more recent cases. What began as an inquiry into incidents between 2015 and 2020 under Operation Bramber now reportedly includes cases from 2021.

As a result, concerns about patient safety at the hospital have intensified. Internal sources allege that unsafe surgical practices may still be occurring, raising serious questions about standards of care within certain departments.

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Background to Operation Bramber

The investigation first came to public attention after The Guardian reported that Sussex Police were examining the deaths of around 40 patients. These deaths occurred across the hospital’s general surgery and neurosurgery departments.

Initially, the focus was on allegations of medical negligence. However, investigators have since uncovered claims involving severe patient harm and avoidable deaths. Consequently, the scope of the inquiry has widened significantly.

Ongoing Concerns Raised by Hospital Insiders

According to individuals with direct knowledge of the situation at RSCH, serious issues remain unresolved. They claim that some surgeons continue to present a risk to patients. Furthermore, allegations of avoidable deaths and poor surgical outcomes persist.

Taken together, these claims underline the seriousness of the concerns and the importance of the ongoing investigation.

Cases Under Scrutiny

The Death of Lewis Chilcott

One of the more recent cases involves Lewis Chilcott, a 23-year-old who died at RSCH in July 2021. It is alleged that an error during a tracheostomy procedure led to infection and a fatal arterial haemorrhage.

Following an inquest, the coroner concluded that Mr Chilcott’s death resulted from a rare complication of the procedure. However, the complication was believed to have been caused by an improperly positioned tube.

The Case of Jugal Sharma

Another case involves Jugal Sharma, aged 63, who was left severely disabled after surgery in April 2020. According to his family, a misdiagnosis led to an unnecessary operation. During that procedure, Mr Sharma is said to have suffered a stroke that initially went unnoticed.

Subsequently, the tumour believed to be an aggressive grade 4 cancer was later identified as a less serious grade 2 tumour. Notably, the consultant involved had previously been named in a detailed report outlining alleged surgical errors linked to patient harm and deaths.

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Awaiting Answers and Accountability

Families affected by these incidents, along with the wider public, are now awaiting the outcome of the police investigation. Many hope it will provide clarity, accountability, and reassurance about patient safety at Royal Sussex County Hospital.

Have You or a Loved One Been Affected?

If you believe that you or a family member may have been affected by medical negligence at Royal Sussex County Hospital between 2015 and 2021, our Medical Negligence team at NJS Law is ready to help.

We have extensive experience in handling complex medical negligence claims. Importantly, we can review your circumstances and advise on whether you may have grounds for a claim.

Why Making a Medical Negligence Claim Matters

Although nothing can undo the harm caused by medical negligence, a claim can:

  • Provide financial security for dependent family members
  • Help cover loss of income, care costs, and other expenses
  • Hold healthcare providers accountable for substandard car
  • Reduce the risk of similar harm occurring to other patients

Compassionate Legal Support When You Need It Most

Death or serious injury caused by medical negligence is devastating. We understand the emotional and financial strain this places on families. For that reason, we work tenaciously and compassionately to pursue justice on your behalf.

Our team has decades of combined experience in clinical negligence cases. Throughout your claim, we will support you every step of the way.

CONTACT US

Get in touch using the form below or via the following methods:

0800 6525 656
medical@njslaw.co.uk

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Categories
Health Deterioration for Disrepair

How Can Disrepair Affect Your Health

September 2023

When a property falls into disrepair, it can have serious consequences for your physical and mental health.

If you are renting, it is unacceptable to live in unsafe or poorly maintained housing. Your housing association or local council has a legal responsibility to address disrepair issues promptly.

Common Types of Housing Disrepair

Housing disrepair can take many forms, including:

  • Mould and damp
  • Pest infestations
  • Faulty plumbing
  • Poor sanitation
  • Structural damage

These issues can negatively affect your health in a variety of ways.

Health Issues Caused by Housing Disrepair

Allergic Reactions

Exposure to mould, dust mites, or chemicals in building materials can trigger symptoms such as:

  • Difficulty breathing
  • Watery eyes and nose
  • Itchy skin and eczema
  • Coughing and sneezing

Respiratory Conditions, Including Asthma

Dampness, mould, and allergens like cockroach droppings can irritate the respiratory system and worsen asthma. The NHS confirms that people in damp, mouldy homes are at higher risk of:

  • Respiratory infections
  • Allergies
  • Asthma flare ups

Respiratory Infections

Cold, damp, or mouldy conditions increase the risk of infections like:

  • Sinusitis
  • Bronchitis
  • Pneumonia

Vulnerable groups such as the elderly and children are particularly at risk.

Gastrointestinal Infections

Faulty plumbing, broken toilets, and pest infestations, can cause gastrointestinal infections, leading to:

  • Fever
  • Vomiting
  • Diarrhoea
  • Dehydration

Poisoning

Disrepair can expose residents to toxins like:

  • Carbon monoxide
  • Lead
  • Radon gas
  • Smoke inhalation

These substances can cause serious health issues, including nervous system disorders, cancer, and even death.

Physical Injuries

Unsafe conditions increase the risk of:

  • Trips and falls
  • Burns and scalds
  • Cuts and electric shocks

Hazards include broken doors, faulty wiring, uneven flooring, and damaged appliances.

Cardiovascular Diseases

Cold, damp, and mouldy homes can exacerbate heart conditions, increasing the risk of:

  • Heart attacks
  • Strokes
  • Heart failure

Anxiety and Depression

Poor housing can negatively impact mental health. Research shows 21% of adults in England report that housing issues have affected their mental wellbeing.

Your Rights as a Tenant

Tenants in England and Wales have the right to live in homes that meet basic health and safety standards. Housing associations and councils must:

  • Carry out repairs promptly
  • Ensure properties are fit for habitation

If your requests fo repair are ignored, you have the right to take legal action.

Claiming Compensation for Housing Disrepair

A housing disrepair claim allows you to seek compensation for physical or mental health problems caused by poor housing conditions.

Even if repairs are eventually completed, you may still claim for ongoing health issues linked to the disrepair.

How NJS Law Can Help

At NJS Law, we are specialist housing disrepair solicitors serving tenants across England and Wales. We can assist with:

  • Instructing a surveyor to assess property disrepair and provide evidence
  • Legally compelling your housing association or council to complete repairs
  • Obtaining a medical expert’s report linking your health problems to disrepair
  • Claiming compensation for the period your property was in disrepair

We work on a No Win No Fee basis, making it easier for tenants to pursue justice.

Why Chose NJS Law

Our team has decades of experience helping tenants with health deuteriation caused by housing disrepair.

We are sympathetic, approachable, and here to guide you every step of the way.

Contact us today to discuss your claim – we will explain your options clearly and help you get the repairs and compensation you deserve.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
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Categories
Contentious Probate

Disputing a Will on the Grounds of Lack of Mental Capacity

September 2023

You may find yourself in a difficult position where you believe a Will should be disputed because the deceased lacked the necessary mental capacity when it was made. Although this is a complex and emotionally sensitive area of law, understanding the process can help you move forward with greater confidence.

Below is a practical guide outlining how such claims work and what steps you should take.

Understanding Mental Capacity

To successfully challenge a Will on the grounds of lack of mental capacity, you must show that the person making the Will (known as the testator) did not have the required capacity at the time the Will was executed.

In legal terms, mental capacity means the testator was able to:

  • Understand that they were making a Will
  • Know the extent of their estate
  • Appreciate who might reasonably expect to benefit
  • Comprehend the effect of including or excluding beneficiaries

If the testator could not meet these criteria, the validity of the Will may be called into question.

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Seek Legal Advice Early

If you suspect that a Will is invalid due to lack of mental capacity, you should seek advice from a solicitor specialising in contentious probate as soon as possible.

Importantly, an experienced solicitor can assess the strength of your case, explain your legal options, and guide you through the process from the outset. Acting early also helps protect your position, as strict time limits may apply.

Gathering the Right Evidence

Strong evidence is critical when challenging a Will on capacity grounds. Therefore, you should begin collecting relevant material as soon as possible. This may include:

  • Medical records from GPs, hospitals, or care providers
  • Statements from healthcare professionals
  • Witness evidence from individuals present when the Will was made
  • Expert opinions from medical or psychiatric specialists

Together, this evidence helps establish the testator’s mental state at the relevant time.

Contesting the Will

Once sufficient evidence has been gathered, your solicitor can formally initiate court proceedings to contest the Will. However, it is essential to act promptly, as claims are subject to limitation periods.

Your solicitor will ensure the claim is correctly issued and managed, while also exploring whether alternative resolutions are appropriate.

How the Court Decides

If the court concludes that the testator lacked mental capacity when the Will was made, it may declare the Will invalid.

As a result, the estate will usually be distributed in accordance with:

  • A previous valid Will, if one exists, or
  • The rules of intestacy, if no earlier Will can be relied upon
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Mediation and Settlement Options

In many cases, disputes can be resolved without the need for a full court trial. For this reason, mediation is often encouraged.

Mediation involves structured discussions led by an independent mediator, with the aim of reaching a mutually acceptable outcome. Consequently, this approach can save time, reduce costs, and minimise emotional strain for everyone involved.

Support Through a Difficult Process

Disputing a Will is never easy, particularly where mental capacity is in question. Nevertheless, the legal process exists to ensure fairness and protect the interests of those affected.

By obtaining early legal advice and gathering the right evidence, you place yourself in the strongest possible position to have your concerns properly addressed.

How We Can Help

If you believe a Will should be challenged due to lack of mental capacity, please contact us without delay.

Our team has extensive experience in Contentious Probate matters and provides clear, compassionate, and practical advice throughout the process.

We are sympathetic, understanding, and committed to supporting you every step of the way.

Call us today for a free, no-obligation discussion.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

01625 667 261
probate@njslaw.co.uk

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Categories
Estate Administration Disputes

Understanding Estate Administration Disputes

September 2023

Estate administration disputes occur when conflicts arise during the process of settling a person’s estate after their death. These disputes can result from disagreements over the validity of the deceased person’s will, conflicts between beneficiaries, or concerns about the actions of the executor or administrator.

At NJS Law, we have extensive experience dealing with contentious probate and estate disputes. We provide clear, sympathetic guidance to help resolve conflicts efficiently.

Common Types of Estate Administration Disputes

Estate disputes can take many forms. The most common include:

Disputes Regarding the Validity of the Will

One of the most frequent types of estate administration disputes involves challenges to the deceased person’s will. This may include:

  • Allegations that the will is not authentic
  • Claims that the testator (the person who created the will) lacked mental capacity
  • Allegations of undue influence by a third party

Challenges to the Appointment of Executors or Administrators

Disputes can arise over who has been appointed to administer the estate. Beneficiaries or interested parties may argue that the chosen executor or administrator:

  • Has conflicts of interest
  • Lacks the competence to manage the estate effectively

Claims of Undue Influence or Lack of Capacity

Some disputes focus on whether the deceased person was unduly influenced when making decisions about their estate or whether they lacked mental capacity to make informed choices about assets and beneficiaries.

Disagreements Between Beneficiaries

Beneficiaries may disagree on how assets are distributed. These disputes can become particularly contentious when:

  • There are valuable assets involved
  • Sentimental items are part of the estate

Disputes Over Interpretation of the Will

Sometimes the wording of a will is ambiguous. Disputes may arise when beneficiaries or interested parties have different interpretations of specific provisions and how they should be implemented.

Inheritance Act Claims

Individuals who feel they have not been adequately provided for can make claims under the Inheritance (Provision for Family and Dependants) Act 1975. These claims ensure that close family members or dependants receive a fair share of the estate.

How NJS Law Can Help

If amicable resolution methods fail or are unsuitable, seeking expert legal advice is essential. Our team has extensive experience in contentious probate and estate administration disputes.

We provide:

  • Clear, practical advice for executors, administrators, and beneficiaries
  • Strategic guidance to resolve disputes efficiently
  • Support throughout mediation or court proceedings, if necessary

We are sympathetic, understanding, and committed to achieving the best outcomes for our clients.

Get Help with Estate Administration Disputes

We are here to help. We can get it sorted – it’s what we do.

Call us today. It’s free to ask.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

01625 667 261
probate@njslaw.co.uk

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

Contact Us

FAQ

For any questions we may be able to answer, discover our FAQ section.

Read More