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Debris from house, which was hit by drunk driver, falls onto bystander, who has now been compensated £8,500 for his injuries.        Improperly placed gas bottles causes worker full body injuries, which he has now been awarded £9,500 for.        Man slips in supermarket as no wet floor signs were placed. He has been awarded £5,000 following the incident.        Construction worker left to carry heavy materials on his own is badly hurt, as a result, so is compensated £12,000.        

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Month: February 2024

Categories
Motorbike Accident

What Are The Most Common Types Of Motorcycle Injuries?

What are the most common types of motorcycle injuries
What are the most common types of motorcycle injuries

February 2024

Motorcycling can be a delight and efficient mode of transportation, but it also comes with unique risks. Motorcycle accidents can lead to a range of injuries, some of which are unfortunately all too common:

  • Head Injuries: Head injuries are among the most serious and prevalent motorcycle injuries. These can range from concussions and skull fractures to traumatic brain injuries (TBI).
  • Fractures and Broken Bones: Motorcycle accidents often result in fractures and broken bones, particularly to the extremities, such as arms, legs, and hands.
  • Road Rash: Road rash occurs when a rider’s unprotected skin comes into contact with the road surface during a slide or fall. It can range from minor scrapes to severe skin abrasions, sometimes requiring skin grafts or surgeries.
  • Spinal Cord Injuries: Spinal cord injuries can lead to partial or complete paralysis and are often caused by high-impact accidents.
  • Internal Injuries: Internal injuries, such as organ damage or internal bleeding, can occur due to the force of impact in a motorcycle accident. These injuries may not be immediately apparent, highlighting the importance of prompt medical evaluation after an accident.
  • Facial Injuries: Facial injuries, including fractures, lacerations, and dental trauma, can result from a motorcycle accident.
  • Lower Extremity Injuries: Leg and foot injuries are common, with riders often sustaining fractures, dislocations, or soft tissue injuries.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

Our team has decades of combined experience in dealing with Personal Injury Claims.

Our NJS Law Motorbike Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

Contact us today to discuss your claim.

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Categories
Contesting A Will

What Is The Difference Between A Next Of Kin and A Beneficiary

February 2024

The term “Next of Kin” doesn’t really have a strict legal meaning – and it is often much misunderstood.

If someone is unfortunate enough to need hospital treatment, then they will often be asked who they want to be regarded as their “Next of Kin”. A patient can choose to nominate anyone – it might usually be a husband or wife, but it could equally be a partner, an adult child, a best friend or a next-door neighbour. From the hospital’s point of view, they want to know who they should contact if there was an emergency and so people have a choice as to who they would like to nominate. There isn’t any legal order of priority.

People are equally free to decide who they want to chose to be an Executor of their Estate – and who they want to deal with the Administration of their Estate after they pass away. People making a Will can nominate any adult to act as an Executor and that could be a husband or wife, an adult child, a partner or a friend.

If an individual doesn’t make a Will, then the law will impose a list of priority as to who can apply for “Letters of Administration”. This would usually be the person who die’s husband or wife, adult child, parents and then brothers and sisters. Sometimes disputes arise if more than one child wants to obtain a Letters of Administration or if, for example, parents are separated and both want to undertake the role – this is one of the reasons why it is often best to make a Will – so that this type of dispute does not arise.

A Beneficiary is someone who stands to inherit all or part of an Estate from someone who has died. A Beneficiary can be nominated in a Will or, if there isn’t a Will, then the “intestacy rules” will apply. These are rules made by Government as to who will be a Beneficiary of an Estate if there isn’t a Will. Friends, neighbours or even a social partner cannot be a Beneficiary of an Estate if there is no Will.

Our team has extensive experience dealing with Inheritance Disputes matters. We are sympathetic, understanding, and are here to help you every step of the way.

We are here to help. We can get it sorted. It’s what we do. Call us. It’s free to ask.

 

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Categories
Contesting A Will

Contesting a Will Made Undue Influence

February 2024

We are often contacted by people who claim that a Will is invalid because it was made as a result of “undue influence”. Equally we are often contacted by beneficiaries who claim that a will is valid – and they deny there was any undue influence. So, let’s take a look at the law.

Undue influence enables a Will to be set aside where the decision to make the Will has been made as a result of unlawful pressure being applied. Where a Will is signed as result of undue influence then the Will is void and has no effect.

It is important to understand that undue influence is only concerned with “unlawful” pressure. The law recognises that it is perfectly legitimate for a person to seek to persuade someone making a Will to leave a gift to them in that Will. The difficulty is therefore to establish where the line is to be drawn between legitimate “influence” or unlawful undue influence. To quote a case from the 1860s – Hall v Hall it was said that “persuasion, appeal to the affection or ties of kindred, to a sentiment of gratitude for past services, or pity for future destitution or the like – these are all legitimate and may fairly be pressed on a testator”.

There is another problem. By its nature if there is undue influence it often takes place when no one else is present.

As we have said undue influence is an easy allegation to raise but is a difficult allegation to prove.

The Law Commission is currently considering reform of the law so that vulnerable testators are adequately protected from financial abuse in older age. Our Head of Department has been working with the Law Commission to try to ensure that the right balance is struck between protecting vulnerable people on the one hand and ensuring that legitimate gifts are upheld.

In short, the law in this area is remarkably complicated – it’s always best to seek specialist expert legal advice.

Our team has extensive experience dealing with Inheritance Disputes matters. We are sympathetic, understanding, and are here to help you every step of the way.

We are here to help. We can get it sorted. It’s what we do. Call us. It’s free to ask.

 

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01625 667 261
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Categories
Birth Injury

The Long-Term Cost of Birth Injuries

February 2024

Birth injuries resulting from medical negligence present a significant cost to mothers, babies, the NHS, and society as a whole. As birth injury claims specialists, we focus on getting our clients the rehabilitation and compensation they need to recover. However, with regard to the social cost of medical negligence claims, it is worth noting that a recent report from NHS Resolution, the body that handles NHS claims, shows that in England, payments for clinical negligence in the NHS rose by 9.5% in 2022/23 to almost £2.7 billion. Maternity care negligence accounts for a sizeable portion of this figure.

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
  • Brachial plexus birth injury (for example, Erbs palsy, also known as shoulder dystocia)
  • Oxygen starvation (Anoxia or Hypoxia)
  • Brain injury
  • Broken bones
  • Infection
  • Stillbirth

Although most women and babies receive exemplary care from the NHS when giving birth, the above injuries can be caused by negligence. This can result in an enormous physical and mental health cost to the victim.


The ongoing effects of brachial plexus birth injury

Let us take as an example, brachial plexus birth injury, one of the most common types of birth injuries in infants. A brachial plexus birth injury is damage to the brachial plexus nerves during childbirth. The brachial plexus is a network of nerves that controls the shoulder, arm, and hand muscles. These nerves originate from the spinal cord in the neck and extend into the upper extremities.

During childbirth, the brachial plexus can be stretched or injured if there is excessive pulling or pressure on the baby’s head and neck. This can happen in cases of complicated deliveries, especially when there are complications such as shoulder dystocia. Shoulder dystocia occurs when the baby’s head passes through the birth canal, but the shoulders become stuck behind the mother’s pelvic bone.

The severity of brachial plexus birth injuries can vary. In most cases, the infant will fully recover. However, a 2023 paper that focused on the breadth of impact of brachial plexus birth injuries found that in approximately 30% of cases, affected children have permanent paralysis leading to secondary complications, including persistent weakness, contractures, joint deformity/dislocation, and altered limb growth. In addition, those surveyed stated that their brachial plexus birth injury resulted in other health complications, including pain and range of motion concerns, strength concerns, mental health conditions, nerve symptoms, muscular symptoms, joint inflammation/degeneration, and spinal conditions. The study concluded that whilst the primary focus for children with a brachial plexus birth injury should be on improving physical musculoskeletal function, wider impacts that can span into adulthood should not be ignored. A Birth Injury Compensation Solicitor will ensure expert witnesses are instructed so the Court can properly assess the Claimant’s long-term prognosis to ensure an accurate quantum of damages is awarded.

The long-term impact of a perineal tear

For mothers, one of the most common birth injuries is a perineal tear, which can be categorised into the following degrees of severity:

  • First-degree tear: Involves only the perineal skin and underlying superficial tissues, may necessitate stitches, and typically heals quickly.
  • Second-degree tear: Affects the perineal muscles but not the anal sphincter; these tears usually require stitches and tend to heal effectively.
  • Third-degree tear: Extends into the anal sphincter, necessitating careful surgical repair to ensure proper healing and function.
  • Fourth-degree tear: The most severe type, extending through the anal sphincter and into the mucous lining of the rectum. Surgical repair is essential; complications such as faecal incontinence may arise if not effectively managed.

Incorrect identification of the severity of perineal injury and missed third degree tears can have devastating long-term consequences for women, affecting their physical health, sex life, and psychological well-being. It is vital; therefore, a Birth Injury Compensation Solicitor identifies what caused the tear, any risk factors the midwife did not spot, and the long-term consequences of the injury. Again, expert evidence will play a key role in determining the extent and causation of the injury and the prognosis.

Government inquiry into birth trauma

Birth injuries normally coincide with birth trauma. On 9 January 2024, a new All-Party Parliamentary Group (APPG) was launched to investigate birth trauma in the UK. The inquiry will look at the reasons for traumatic births (which may or may not result in a birth injury) to develop new policies to bring the number of birth trauma cases down.

Specifically, the inquiry aims to:

  • Identify standard features in maternity care (before, during labour and birth, and after) that contribute to birth trauma
  • Highlight good practice, both in the quality of maternity care and in providing support to women who have had traumatic birth experiences and
  • Look at the impact of birth trauma on women’s relationships, ability to bond with their babies and future decision-making.

Evidence is expected to be heard over several inquiry sessions between February and March 2024, with the inquiry reporting in April 2024.

Final words

Giving birth should be a safe experience that is remembered for the joy of a healthy baby and mother leaving the hospital as a family. If the mother and/or baby experience a birth injury (and related trauma), what should be the beginning of a happy time can swiftly turn into a nightmare of pain, worry, and endless medical appointments.


If you have experienced a birth injury, it is crucial to contact a Birth Injury Solicitor as soon as possible. Around 80% of all clinical negligence claims are settled outside of Court, so please be assured that you will unlikely have to face the stress of a trial. What is important is that you get the funds and support you and your baby need to recover as best as possible and put the event behind you.

Our team has decades of combined experience in successfully advising and representing clients in medical negligence cases relating to birth injuries. We are sympathetic and understanding and are here to help you every step of the way.

Contact us today to discuss your claim.

CONTACT US

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

01625 667 262
injury@njslaw.co.uk

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Categories
Contentious Probate

What Are The Most Common Types of Contentious Probate Disputes?

February 2024

Here at NJS Law, we have a specialist team of solicitors dealing with Inheritance Disputes of one sort or another – and against that background we tend to see all sorts of claims. Sometimes we are asked to make claims and sometimes we are asked to defend claims that have been made by others.

The most common type of claim is a claim for reasonable provision under the Inheritance (Provision for Family and Dependents) Act 1975. These claims can be made by husbands or wives, former husbands or wives, partners who have lived together for more than two years, children (including adult children and children treated as children of the family), and dependants.

Most people who make a Will “get it right” and make appropriate provision for their family and dependents – but sometimes people making a Will deliberately make a decision to try to exclude people who might expect to be included – and this results in claims. The law relating to claims brought by adult children against an Estate is particularly complicated – some Claimants are successful and others are unsuccessful. Many claims get settled simply to avoid the risk for all parties.

Disputes about the Validity of a Will are also common. A Will can be invalid for many reasons – sometimes it’s technical reasons for example because the Will has not been properly signed and witnessed. Sometimes it’s because the person making the Will didn’t have sufficient mental capacity to do so. To be honest some Will preparers are not very good at taking instructions for a Will. A competent Will preparer will, in appropriate circumstances, make an assessment of the capacity of the person making a Will to make it – but to be blunt some Will preparers don’t do this and sometimes they prepare Wills for people who have a long-term diagnosis of Dementia and who may not have sufficient capacity to make a Will – they don’t understand what they are doing. These disputes are quite common.

We also deal with other disputes including disputes between Executors or disputes about Administration of an Estate. Sometimes Executors don’t do their job properly and won’t make prompt payment to beneficiaries. We can usually sort out those disputes – but we have to say that they are becoming increasingly common.

Our team has extensive experience dealing with Inheritance Disputes matters. We are sympathetic, understanding, and are here to help you every step of the way.

We are here to help. We can get it sorted. It’s what we do. Call us. 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

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Categories
Damp & Mould Disrepair

RCP Calls on Government to Take Urgent Action on Damp and Mould

February 2024

In January 2023, we wrote an article on the action being taken by the Regulator of Social Housing (RSH) to warn social housing providers about their obligations to prevent mould and damp. This came in the wake of the death of two-year-old Awaab Ishak from a respiratory condition exacerbated by damp and mould in a social housing property in Rochdale. Following Awaab’s death, a Senior Coroner stated, “The tragic death of Awaab will and should be a defining moment for the housing sector in terms of increasing knowledge, increasing awareness and a deepening of understanding surrounding the issue of damp and mould”.

Unfortunately, damp and mould continue to plague social and rented homes, with many more suffering serious and life-threatening health problems in the past year. In a bid to compel the government to take urgent action regarding damp and mould, the RCP has issued a warning of the consequences and ongoing health implications. In this article, we will discuss how the scale of the health impacts of Britain’s damp and mouldy rental homes shows no obvious signs of improvement in 2024 and the warning RCP to the government.

Tenants continue to suffer the health implications of damp and mould

According to recent research, 88,000 households in the social housing sector currently have serious damp and mould problems. An investigation by the Observer newspaper has also shown that private housing providers are not being held to account for their inaction in resolving damp and mould problems. They revealed that of the 2,907 rulings made by the housing ombudsman in the past three years, the average financial penalty for housing associations was just £445. As Suzanne Muna, who represents the Social Housing Action Campaign, explained, “It is obvious that such weak sanctions make little impact, and they certainly don’t drive strategic change.”

Over the past year, there have been several high-profile news stories covering the devastating health impacts of damp and black mould in homes. One recent case concerned Morgan Sinnott, who suffers from a rare genetic condition called ‘Wolfram Syndrome’, which makes her especially vulnerable to respiratory illnesses. Ms Sinnott was admitted to hospital in a life-threatening condition after contracting pneumonia for the third time to mould in her home. Such cases only underline the frustration and fear felt by many in private rentals and social housing with mould and damp problems whose landlords are not taking the necessary action to resolve property defects.

RCP calls on government to take urgent action on damp and mould

The Royal College of Physicians (RCP) recently called on Michael Gove, Secretary of State for Levelling Up, Housing and Communities of the United Kingdom, to speed up a promised crackdown on landlords who are failing to remedy mouldy homes. The RCP warned that without a much-needed tightening of the laws in this area, many more will die from the impacts of inhaling fungal toxins. Mr Gove has previously promised to set robust deadlines by which landlords must resolve.

According to Professor Sir Stephen Holgate, special adviser on air quality to the RCP, urgent reform is needed due to a combination of adverse weather, tenants keeping windows closed to preserve warmth and save on energy costs, and fungus becoming increasingly resilient to treatment.

Professor Holgate believes that action to resolve the mould and damp challenges is being delayed by “obfuscation, debate and committees” and that the UK should mirror Germany’s “zero tolerance” approach to the problem. He said, “We know this is an ongoing problem. We know housing in this country is in a dreadful state … The science of [the risks of mould exposure] hasn’t been accepted strongly enough by the regulators. This passive approach is failing society”.

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What are my rights if I have mould in my rented property?

In the first instance, if you have damp and mould in your property, taking remedial action may be enough to prevent its spread. This may include opening windows to increase ventilation, covering pans when cooking, opening internal doors, closing the door when showering, and removing moisture on windows each morning. It may also be useful to look at the UK Centre for Moisture for Buildings online tool for other tips to reduce the level of moisture in your home. Unfortunately, taking such action may not be enough to properly resolve dampness and mould, in which case, it is essential that you inform your landlord immediately.

Once informed, your landlord will need access to the property to look for the reasons for the damp. If the damp problem is serious, your landlord must act quickly to resolve its cause/s. Depending on the problem, your landlord must then take action to repair the issue; this may include fixing structural problems, damp proofing, faulty installations, leaking pipes, ventilation problems (e.g. by fitting improved ventilation), boiler and heating system, drainage issues, rotten windows, damp wallpaper, damaged or missing roof tiles.

If your landlord still does not take the appropriate action, you should inform your local authority’s environmental health department, who can order your landlord to take action.

If you are in social housing, your landlord may request an inspection and report by an expert on the problem (you should receive a copy of the report, too). If there is still insufficient action, it is vital that you contact an experienced Housing Disrepair Solicitor who can assist you with getting repairs done to eliminate the mould and damp, as well as claiming compensation.

Wrapping up

Given the lack of action regarding damp and mould in social housing in the UK, it is likely that matters will continue to get worse before they get better when landlords are legally and financially compelled to take action.

If you believe that your social housing property contains dampness and mould, it is imperative that you talk to a Housing Disrepair Solicitor. They will guide and represent you throughout the claim process, ensuring a quick and amicable resolution to ensure the health and well-being of you and your family. You do not have to fight for a mould and damp-free home all by yourself. An experienced Solicitor will take the stress off your shoulders so you and your family can get on with your life in a healthy, happy environment.

How NJS Law can help you with damp and mould repairs

NJS Law is one of the few housing disrepair solicitors across England and Wales who have a professional and dedicated legal team to ensure that your repairs are completed and more importantly get your home into the excellent condition that you deserve.

We can help you with the following aspects:

  • Instruct a surveyor to assess the disrepair and provide a report to use as evidence
  • If necessary, legally ensure your housing association or council completes all your repairs.
  • Claim compensation for you for the period of time your property has been in disrepair

At NJS Law we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their Council to carry out 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.

NJS Law can usually handle Housing Disrepair Claims on a No Win No Fee basis.

Call or email us today to discuss your claim.

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Categories
Contentious Probate

How To Contest a Will After Probate

February 2024

Stephen Lawson, our Head of Contentious Probate at Nicholson Jones Sutton, considers this question:

It is important to understand what this question means since there are two different ways to “contest” a Will after a Grant of Probate has been issued by a Probate Registry.
A Grant of Probate is the document that gives powers to Executors to collect the assets of the Estate, to pay the debts and then to distribute the Estate. If there is a very small Estate, then sometimes a Grant of Probate isn’t necessary. Often banks and building societies will release money to named Executors without a Grant of Probate if they regard the amount held in an account as “small”. Of course, if the person who died owned shares, Premium Bonds or a house then it will be necessary to obtain a Grant of Probate.

A Will can be contested on the grounds that it is invalid. A Will might be invalid for example: 

  • Because it has not been signed or witnessed properly
  • The person making the Will didn’t have sufficient mental capacity to do so (this is known as “Testamentary Capacity”)
  • The person making the Will was subject to undue influence or didn’t know and understand what was in the Will.

For these cases it is much easier to contest a Will before a Grant of Probate is issued – so we always urge people who think they might have a claim to seek early legal advice.

If a Grant of Probate has not been issued then it is relatively easy to stop the Executors getting a Grant of Probate – for example by registering, what is known as, a “Caveat”. For the reasons we have explained if the Executors can’t get a Grant of Probate, then they probably can’t collect the majority of the Estate assets, and this forces them to deal with a claim.

There is, however, no time limit to contest a Will so even if a Grant of Probate has been issued it is still possible to say that the Will wasn’t valid for one of the reasons we have explained – but it makes it more difficult for someone seeking to challenge the Will because the Executors already have the ability to get their hands on the Estate assets. It also makes it more difficult to challenge a Will if the Estate has been distributed – or paid out to the beneficiaries.

If a Grant of Probate has been issued, then it is still possible to make a claim for reasonable provision under the Inheritance (Provision for Family and Dependents) Act 1975. A claim like this can be made before or after a Grant of Probate has been issued and we usually suggest that Claimants should make a claim as soon as possible so that attempts can be made to resolve a claim without the need for legal proceedings. There is, however, a time limit to make a claim for reasonable provision under the Inheritance Act. Such a claim must be made within six months of a Grant of Probate being issued. The Court does have a discretion to extend this time limit in some limited cases – but it is unwise ever to proceed on the assumption that an extension of time will be issued.

In simple terms the moral of the story is “you snooze you lose”.

Our team has extensive experience dealing with Inheritance Disputes matters. We are sympathetic, understanding, and are here to help you every step of the way.

We are here to help. We can get it sorted. It’s what we do. Call us. 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

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Categories
Estate Administration Disputes

Disputes About The Administration Of Estates

February 2024

Disputes about the Administration of Estates are, sadly, becoming increasingly common – at any given time we will often have a number of these claims either being pursued or defended by us. Sometimes claims are genuine – but sometimes we defend claims that are brought by over greedy beneficiaries.

Disputes about the Administration of Estates can arise in a variety of ways. Sometimes there are disputes between Beneficiaries and Executors – for example because the Executors are too slow, seeking to charge too much money for dealing with the Administration of the Estate or not getting the best out of Estate Assets. In these circumstances it is possible to hold the Executors to account or, as a last resort, get a Court Order requiring the Executors to take particularly steps or to have them removed and replaced by someone else. As we have said these disputes are common – but they are generally easy and quick to resolve.

Sometimes there is an internal dispute between Executors themselves – for example with one Executor wanting to take a particular course of action and another Executor refusing to agree. This sometimes happens for example, if one Executor wants to sell a house that belonged to the person who died – but the other Executor doesn’t want to take this step. Sometimes there is a dispute about what the sale price of the house should be. These disputes are relatively easy to resolve but sometimes Executors can become entrenched in a position and fail to take the best steps in the interests of an Estate.

We like to help Executors or Beneficiaries to resolve disputes quickly and effectively – using legal proceedings as a last resort – but if one party becomes stubborn and refuses to see sense then we will swiftly bring a case to trial to get the best outcome for our client.

Our team has extensive experience dealing with Inheritance Disputes matters. We are sympathetic, understanding, and are here to help you every step of the way.


We are here to help. We can get it sorted. It’s what we do. Call us. 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

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

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