Categories
Contesting A Will

Are Stepchildren Entitled to Contest Their Parent’s Will?

Is a Stepchildren Entitled to Contest Their Parents Will

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Challenging a Will is never straightforward. Whether a stepchild can successfully make a claim against a Will depends on the circumstances of the case, the relationship with the person who has died, and the legal grounds relied upon.

In short, the legal answer is: it depends.

The Two Legal Ways to Challenge a Will

There are two main legal routes available when challenging a Will in England and Wales. Each applies in different circumstances and has different requirements.

Challenging the Validity of a Will

The first approach is to argue that the Will itself is invalid.

Grounds fo an Invalid Will

A Will may be declared invalid if:

  • The person who made the Wil lacked testamentary capacity
  • The Will was created under undue influence
  • Legal formalities were not followed correctly
  • There was fraud or forgery

If a Will is invalid, an earlier valid Will may take effect instead.

How This Affects Stepchildren

A stepchild can only benefit from this type of claim if they were included in a previous valid Will. If they were not included in any earlier Will, this route is unlikely to help.

Claims for Reasonable Financial Provision

The second route is not about whether the Will is valid, but whether it is fair.

The Inheritance (Provision for Family and Dependants) Act 1975

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can apply to the court if a Will fails to make reasonable financial provision for them.

Importantly, this can include people who are not biological children.

When Can a Stepchild Make a Claim?

A stepchild may be entitled to bring a claim if:

  • The person who died stood in the role of a parent, and
  • The stepchild was treated as a child of the family

This definition is deliberately flexible. Courts assess each case on its own facts, including the nature of the family relationship.

Entitlement Does Not Mean Success

Just because a stepchild is entitled to bring a claim does not mean the court will automatically award them provision.

Each case is assessed carefully and individually.

What Factors Do Courts Consider?

Judges must consider a range of statutory factors, including:

  • The financial needs and resources of the claimant
  • The financial position of other beneficiaries
  • The size and nature of the estate
  • Any physical or mental disabilities of those involved
  • The obligations and responsibilities the deceased had towards the claimant

Legitimate Expectation and Parental Responsibility

One key issue is whether the deceased had a continuing responsibility towards the stepchild.

If a stepchild had a legitimate expectation of financial support or inheritance, this can significantly strengthen a claim and allows the court flexibility to reach a fair outcome.

Speak to an Inheritance Dispute Solicitor

Inheritance disputes involving stepchildren are highly fact specific. Getting early legal advice is essential.

We can get it sorted.

It’s what we do

Call us today – it’s free to ask.

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Categories
Dental Negligence

Rise in Mouth Cancer Deaths Linked to NHS Dental Crisis

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Deaths from mouth cancer have risen sharply over the last decade, and campaigners warn that declining access to NHS dentists is a key contributing factor. As NHS dentistry continues to struggle, many patients are missing early diagnoses that could save lives.

Figures published by the Oral Health Foundation (ORF) show that more than 3,000 people in England died from mouth cancer in 2021, compared with 2,075 deaths in 2011. This represents a 46% increase in just ten years.

According to the ORF, reduced access to NHS dental care is delaying diagnosis and treatment. As a result, patients are presenting with more advanced disease, which significantly reduces survival rates.

Concerns Over Delayed Diagnosis

Nigel Carter, Chief Executive of the Oral Health Foundation, has warned that access to NHS dentistry is now “in tatters.” Consequently, he fears many people with mouth cancer are not being diagnosed in time.

This concern is reflected in real-life experiences. For example, Ray Glendenning, a 64-year-old jaw tumour patient, told the BBC that he was forced to seek a private diagnosis after several NHS dentists refused to see him.

Meanwhile, campaign groups including Toothless in England (TIE) and the British Dental Association (BDA) have linked the rise in deaths directly to sustained cuts to NHS dentistry. These concerns are further supported by a report from the Health and Social Care Committee, which concluded that NHS dentistry is in crisis and urgently requires fundamental reform.*

The NHS Dental Crisis Explained

The NHS dental crisis is marked by long waiting times, a shortage of dentists, and limited access to essential oral healthcare. Together, these issues are creating serious risks for patient health.

Below, we examine the main causes and consequences of this growing problem.

The Underlying Causes of the Dental Crisis

Shortage of NHS Dentists

One of the primary drivers of the crisis is workforce decline. Many NHS dentists are aged 55 or over and are approaching retirement. At the same time, recruiting and retaining dentists has become increasingly difficult.

In addition, many practitioners are leaving the NHS for private practice. According to the BDA, around 3,000 dentists have moved from NHS to private dentistry in the past two years, further reducing access for NHS patients.

Chronic Underfunding

Equally important is the issue of funding. NHS dental care remains chronically underfunded, and the fees paid for NHS treatments are often not financially viable for practices.

As a result, many dentists prioritise private work, where they can cover costs and remain sustainable. Unfortunately, this shift further reduces the availability of NHS appointments.

Complex NHS Contracts

Furthermore, the NHS dental contract is widely criticised for being overly complex and bureaucratic. Many dentists find it time-consuming and restrictive, which discourages them from offering NHS services altogether.

The Consequences for Patients

Untreated Oral Health Conditions

The impact on patients is severe. Without timely access to dental care, conditions such as tooth decay, gum disease, and oral infections often go untreated. More worryingly, serious conditions like mouth cancer may not be identified early enough to allow effective treatment.

Emotional and Psychological Impact

In addition to physical harm, the crisis takes a significant toll on mental health. Persistent dental pain, combined with long waiting times, can lead to anxiety, depression, and a reduced quality of life.

Increased Pressure on Other NHS Services

Moreover, patients who cannot access dental care often turn to GPs or hospital emergency departments. This places additional strain on already overstretched NHS services and does not address the underlying dental issue.

What Should You Do If You Have Received Negligent Dental Treatment?

Negligent dental treatment can cause significant pain, long-term damage, and emotional distress. Furthermore, changes to your appearance can severely affect confidence and mental wellbeing.

Dentists owe a duty of care to act with reasonable skill and competence. Therefore, if negligent treatment or delayed diagnosis has caused you harm, you may be entitled to compensation.

This compensation can help cover:

  • The cost of private corrective treatment
  • Medical and dental expenses
  • Loss of earnings if you need time off work

Our experienced and compassionate Dental Negligence Solicitors will listen carefully to your experience. Where appropriate, we will provide clear, robust advice and represent you throughout the claims process.

*Source: The Guardian

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Categories
Contentious Probate

How Long Do You Have to Bring a Contentious Probate Claim?

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This is a simple question to ask. However, in practice, the answer can be more complex. That said, understanding the basic framework will help you act at the right time and protect your position.

Broadly speaking, there are two main types of Contentious Probate claim, each with different considerations and time limits.

1. Challenging the Validity of a Will

The first type of claim involves a dispute about whether a Will is legally valid. This commonly arises where:

  • The testator lacked sufficient mental capacity when the Will was signed
  • The testator was subject to undue influence, meaning the Will does not reflect their true intentions
  • The Will was not properly executed or is suspected to be fraudulent

Grants of Probate and Caveats

The people responsible for administering an estate are known as Executors. Their role is to collect the assets, pay any debts, and distribute the estate to the beneficiaries.

In some cases, Executors do not need to obtain a Grant of Probate, particularly where the estate is small. For example, some banks or building societies may release funds of up to £50,000 without one. However, where the estate includes assets such as property, shares, or premium bonds, a Grant of Probate will almost always be required.

If you intend to challenge the validity of a Will, you can enter a Caveat. Importantly, a Caveat prevents a Grant of Probate from being issued. As a result, it effectively stops the estate from being administered and can be a powerful protective measure.

For this reason, it is usually best to raise a challenge before a Grant of Probate is issued. Since the time it takes to obtain Probate varies from case to case, there is no fixed calendar deadline. Nevertheless, acting early significantly strengthens your position.

After Probate Has Been Granted

Although it is still possible to challenge a Will after a Grant of Probate has been issued, doing so can be more difficult. In particular, Executors and beneficiaries may be less willing to negotiate, especially if the estate has already been distributed and funds spent.

Accordingly, while post-Probate challenges are possible, early action is always preferable.

2. Claims Under the Inheritance Act 1975

The second type of claim arises under the Inheritance (Provision for Family and Dependants) Act 1975. This legislation allows certain categories of people to seek reasonable financial provision from an estate.

Eligible applicants include:

  • Spouses and civil partners
  • Former spouses or civil partners (in some circumstances)
  • Children, including adult children and stepchildren
  • Individuals who were financially dependent on the deceased

Time Limits for Inheritance Act Claims

In contrast to Will validity challenges, Inheritance Act claims are subject to strict time limits. Specifically, you should issue a claim within six months of the Grant of Probate.

While some Executors wait until this six-month period has passed before distributing the estate, others do not. Consequently, delaying your claim can put you at significant risk.

Although the court does have discretion to allow claims outside the six-month limit, this is rare. For example, while there has been a case allowing a claim nearly 29 years after Probate, such outcomes are highly exceptional and should not be relied upon.

Act Early to Protect Your Claim

Ultimately, it is best not to focus too heavily on legal deadlines alone. Instead, the key message is simple: the sooner you take action, the better your prospects of success.

Early advice allows your solicitor to protect the estate, preserve evidence, and pursue the strongest possible outcome on your behalf.

How We Can Help

We deal with Contentious Probate matters every day. As a result, we understand both the legal complexities and the emotional pressures involved.

We can get it sorted.
It is what we do.

Call us today. It is free to ask.

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Categories
Defending Inheritance Claims

Acting For A Defendant In Inheritance Disputes

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Lawyers are often instructed to make claims against the estate of someone who has died. These claims usually arise where a disappointed beneficiary believes that a Will is invalid or that they have been unfairly excluded.

The most common grounds for inheritance disputes include the folowing.

Common Grounds for Challenging a Will

A claim against an estate may be made where it is alleged that:

  • The Will was not signed or properly witnessed
  • The Will is invalid because the person making it:

Lacked testamentary capacity

-Was subjected to undue influence

-Was misled by false statements about another beneficiary (known as fraudulent calumny)

-A claim is brought under the Inheritance (Provision for Family and Dependents) Act 1975

At NJS Law, we are regularly instructed to defend claims against estates and to protect executors and beneficiaries from unmeritorious challenges.

How Claims Against Estates Can Be Defended

Claims can be defended on a variety of grounds. In many cases, the allegations are simply untrue. Just because a disappointed beneficiary claims that a Will wasn’t properly witnessed, it does not automatically mean that it wasn’t.

If a Will appears valid and rational, there is a strong presumption that it was properly signed and witnessed – even if a witness disputes this many years later.

Similarly, some claimants attempt to argue that exclusion from a Will proves incapacity or unfairness. Many of these claims are weak and inadequate.

Defending Claims Under the Inheritance Act

Claims for reasonable provision under the Inheritance (Provision for Family and Dependants) At 1975 can be complex. However, there are several strategies available to defend such claims, including:

  • Presenting a strong and credible defence to the claim.
  • Making a strategic settlement offer
    – For example, in one recent case, a claimant sought £600,000 from an estate. We advised our client to make a tactical early offer of £10,000 which was accepted. This demonstrated the claimant’s lack of confidence while avoiding the risk, stress, and expense of a trial
  • Mediation
    – In some cases, mediation is highly effective. Choosing the right mediator is crucial – some mediators are more successful than others. Cases we take to mediation have an astonishingly high success rate, again helping clients avoid the worry and expense of court proceedings.

How NJS Law Can Help

If you are involved in an inheritance dispute – either as a claimant or as a defendant – we are here to help.

We can resolve disputes efficiently and effectively, helping clients avoid unnecessary risk and stress.

Call us today, it is free to ask, and it’s what we do.

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Categories
Inheritance Disputes

Acting For A Claimant In An Inheritance Dispute

Inheritance Disputes

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An individual can make a claim on a variety of different legal grounds including: –

  • It wasn’t witnessed by two witnesses.
  • A Will does not comply with the technical requirements of the Wills Act 1837.
  • The Will is invalid for some other reason – for example the person making the Will did not have sufficient mental capacity to do so or was subject to undue influence.
  • A claim for reasonable provision can be made under the Inheritance Act of 1975.
Technical requirements?

It is quite astonishing to reflect that the technical requirements about how a Will is made were first set out in the Wills Act 1837 – at a time when plainly there were no computers, no mobile phones or no videos – but the rules relating to the making of a Will remain the same – it has to be in writing and signed in the presence of two independent witnesses who should then add their names.

If a Will does not comply with these requirements, then it is invalid.

The court has no power to rectify a Will that isn’t properly signed and witnessed. We have dealt with too many cases where someone intended to make a Will and even had a draft Will prepared – but never got around to signing it. It is heart breaking in those circumstances. Sometimes although a Will seems to be signed by two witnesses it later becomes apparent that they were not actually together when the person making the Will signed it – so again the Will is invalid.

If a Will is invalid then any previous valid Will generally “comes back to life” – and if there is no previous Will then the people who would benefit under, what are known as “the Intestacy Rules” stand to benefit.

The Intestacy Rules are what the government says should happen to an estate if there isn’t a Will (it is important to note that at present the Government does not recognise the automatic rights of people who live together without being married or in a civil partnership to inherit a share of the estate).

The Will is invalid for other reasons

It goes without saying that a Will is a very important document. On the one hand it is essential that if someone wants to make provision for people in their Will then they should be free to do so. On the other hand, it is equally important that someone making a Will should have the necessary mental capacity to do so – and should make the Will free from undue influence or lies of others (this last concept is known by the strange phrase “Fraudulent Calumny”). The law has to strive to achieve these two objectives in every case – and a lot of the work of Inheritance Dispute lawyers relates to claims like this – certainly we make or defend many of these claims on behalf of disappointed beneficiaries.

Inheritance (Provision for Family & Dependants) Act 1975 (Children including adult children and children who are treated as “children of the family”)

It is worthwhile remembering that laws are made by politicians – and the Inheritance Act of 1975 was passed to allow the courts to make reasonable financial provision for certain categories for individuals including: –

  • Husbands or wives, Civil Partners, or former husbands or wives or civil partners.
  • Children including (adult children)
  • Cohabitees who have lived together for more than two years
  • Individuals who are dependent on the person who has passed away. Dependency does not necessarily just mean financial dependency – but it could, for example, include living in the house of the person who died.

These legal provisions made by politicians are sometimes controversial. It is probably the case that most people would agree that if, for example, an unhappy husband left all of his estate to the cat’s home rather than to his long-suffering wife provision should be made for her. Opinions amongst society do, however, vary when, for example, a claim for reasonable provision is made by a long estranged healthy adult child. Claims like this can be difficult for lawyers and courts to resolve – but we can help.

So, if, like an increasing number of people in this country you find yourself involved in an Inheritance Dispute – either as a claimant or as a defendant then we are here to help. 

We can get it sorted

It’s what we do. 

Call us.  It’s free to ask.

 

Ask NJS Law

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

FAQ

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Categories
Women’s Health Negligence

Gender Bias in Healthcare and the Impact of Delayed Diagnosis on Women’s Health

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A growing body of research shows that women’s health concerns are frequently dismissed as being caused by emotions, stress, hormones, age, or even imagination. As a result, thousands of women experience delayed diagnoses, worsening symptoms, and long-term physical and psychological harm.

A recent study highlights the scale of this issue and raises serious concerns about gender bias in healthcare and its consequences for women across the UK.

Study Reveals Millions of Women Living With Undiagnosed Conditions

Researchers from King Edward VII’s Hospital, a charitable independent hospital, surveyed just over 1,000 women to assess their experiences with healthcare and diagnosis.

The findings were alarming:

  • An estimated three million women in the UK are living with symptoms of undiagnosed women’s health conditions
  • Nearly one in three women with symptoms have not received a formal diagnosis
  • Around one quarter have not sought medical help
  • One in four reported a negative impact on their mental health

These findings highlight a systemic problem in recognising and diagnosing women’s health conditions in a timely manner.

Study Reveals Millions of Women Living With Undiagnosed Conditions

On 18 October, BBC newsreader Naga Munchetty told the Women and Equalities Committee that she was only diagnosed with adenomyosis after consulting a private GP.

For decades, Naga experienced extremely heavy periods, repeated vomiting, and severe pain that could cause her to lose consciousness. Despite this, she was repeatedly told by doctors that her symptoms were “in her head” or not taken seriously.

Her diagnosis finally came in November of the previous year, after two weeks of heavy bleeding and intense pain led her to call an ambulance. Only then was she referred to a GP specialising in women’s reproductive health, who advised her to seek private treatment due to lengthy NHS waiting times.

Adenomyosis is a condition where the lining of the womb grows into the muscle wall, often causing severe pain and heavy bleeding if left untreated.

Other High-Profile Cases Highlight Systemic Issues

Naga Munchetty’s experience is not isolated. Television and media personality Vicky Pattison also shared her story as part of the committee’s investigation into the difficulties women face when seeking diagnosis and treatment for gynaecological and reproductive conditions.

Vicky was diagnosed with premenstrual dysphoric disorder (PMDD) at the age of 35, despite experiencing debilitating symptoms from her late twenties. These included:

  • Crippling anxiety
  • Insomnia
  • Extreme fatigue

For years, her symptoms were attributed to standard premenstrual syndrome (PMS), delaying appropriate treatment and support.

The Impact of Delayed Diagnosis on Medical Negligence Claims

Margaret Harvey, one of our experienced Medical Negligence Solicitors, regularly represents clients affected by delays in diagnosing and treating conditions such as endometriosis and adenomyosis.

Margaret frequently sees the consequences of gender bias in healthcare, where women report feeling dismissed or not taken seriously by GPs and hospital consultants—particularly in relation to sexual and reproductive health.

How Delayed Diagnosis Affects Women’s Lives

Many of our clients describe long-term suffering due to unrecognised symptoms and delayed diagnosis. Common impacts include:

  • Chronic pain and worsening physical conditions
  • Mental health issues such as anxiety and depression
  • Strain on personal relationships
  • Social stigma around conditions such as urinary or faecal incontinence
  • Loss of fertility or irreversible surgical outcomes

In some cases, delays in diagnosis have resulted in severe outcomes. Margaret is currently acting for clients where delayed diagnosis led to significant deterioration of their condition, including a case in which a young woman required a hysterectomy due to untreated adenomyosis.

When Delayed Diagnosis May Amount to Medical Negligence

A delayed diagnosis may give rise to a medical negligence claim if:

  • Symptoms were repeatedly reported but not appropriately investigated
  • Reasonable diagnostic steps were not taken
  • Treatment was delayed and the condition worsened as a result
  • Earlier diagnosis would have led to a better outcome

Each case depends on its specific facts, but women who have suffered harm due to diagnostic delays may be entitled to compensation.

How NJS Law Can Help

Our Medical Negligence Specialists at NJS Law are experienced in handling claims involving delayed diagnosis, misdiagnosis, and failures in women’s healthcare.

We offer:

  • Compassionate, client-focused legal support
  • Clear advice on whether you may have a claim
  • Experience in complex gynaecological negligence cases
  • A free, no-obligation consultation

If you believe your symptoms were dismissed or your diagnosis was delayed, we are here to help.

Speak to a Medical Negligence Solicitor Today

If you would like to discuss a potential medical negligence issue, please contact us to arrange a free, no-obligation consultation.

 

We are available by phone or email and are happy to talk through your concerns in confidence.

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Categories
Inheritance Disputes

Inheritance Disputes

Inheritance Disputes

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Inheritance Disputes are in the news.  Besides the regular reports of cases that have gone to trial that appear in newspapers there have recently been three television programmes about Inheritance Disputes. The first was called “The Sixth Commandment”. This was a crime drama that appeared on television in July this year and was based on a real-life crime committed by Ben Field – who murdered two people and then tried to benefit under their Will.  Incidentally the Sixth Commandment is “Thou shalt not kill”.

The second programme to appear on television was called “The Inheritance” and was a fictional drama about an individual trying to benefit under the Wills of people he had killed. 

The third programme appeared on Channel 5 called “Inheritance Wars – who gets the money”.  These programmes simply reflect the modern interest in disputes about who gets what after someone has passed away.

Lots of lawyers advertise for work under the banner in “unfairly left out of a Will”.  We have to end that myth.  The law is crystal clear.  Just because someone has been unfairly left out of a Will it does not mean that they are entitled to make a claim – in England and Wales (unlike much of Europe) our citizens are subject to, what is known as, “testamentary freedom”.   This means that people can generally leave whatever they want to whoever they want.  In a recent case it was said that “the freedom of testation allowed by English law means that people can make a valid Will even if they are old or infirm or in receipt of help from whom they wish to benefit and even if the terms of the Will are hurtful, ungrateful or unfair to those whose legitimate expectations of testamentary benefit are disappointed”.  This is a profound starting point.  A Will cannot be challenged just because it is unfair.

 

So why are there so many inheritance disputes?

Inheritance Disputes can typically arise in one of three ways.

  • The Will is not a valid document – it doesn’t comply with the technical requirements of the Wills Act 1837 – for example for a Will to be valid there needs to be two witnesses.
  • The Will is invalid for some other reason – for example the person making it did not have “testamentary capacity” or was subject to undue influence.
  • A claim for reasonable provision can be made under the Inheritance (Provision for Family & Dependants) Act 1975

A claim for “reasonable financial provision” can only be made by particular classes of individuals for example a husband or wife, a civil partner, a child (even an adult child) or someone who is dependant on the person who died.  This means that, for example, a friend or neighbour could not generally make a claim even if they had been led to believe that they would be left something in a Will.

So, if, like an increasing number of people in this country you find yourself involved in an Inheritance Dispute – either as a claimant or as a defendant then 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

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Categories
Occupier Liability

What is the Difference Between Public and Occupiers’ Liability?

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Public and occupiers’ liability deal with a property owner’s responsibilities regarding the safety of people who enter their premises. Although they are similar in nature, they are not the same. In this article, we explain how the two concepts differ.

What is public liability?

Public liability concerns liability in situations where a person suffers an injury in a park, recreation facility, or police station. In these types of cases, the Defendant is typically the relevant local authority as the land or premises is ‘public’ property.

The duty of care in public liability cases is generally lower than in occupiers’ liability matters. Local authorities are expected to take reasonable steps to prevent foreseeable harm to visitors but are not responsible for all possible hazards. In Bolton v Stone 1951 A.C. 850, the House of Lords considered the degree of care to passers-by that should be attributed to a property owner who allowed cricket games to be played on their land.

When considering whether an action and injury was foreseeable, Lord Porter stated:

“It is not enough that the event should be such as can reasonably be foreseen; The further result that injury is likely to follow must also be such as a reasonable man would contemplate, before he can be convicted of actionable negligence. Nor is the remote possibility of injury occurring enough; there must be sufficient probability to lead a reasonable man to anticipate it. The existence of some risk is an ordinary incident of life, even when all due care has been, as it must be, taken. “.

In Lewis v Wandsworth Borough Council [2020] EWHC 3205 (QB), Mr Justice Steward summarised the important points in Bolton as:

  • Just because an accident was reasonably foreseeable, liability does not automatically follow.
  • The Court must consider the chances of an accident happening, the potential seriousness of an accident, and the measures which could be taken to minimise or avoid an accident occurring.
  • The decision in Bolton does not conclude that anyone who hits a cricket ball out of the grounds or over a boundary escapes liability. The Court must examine all the facts.
  • In appeal cases, the Court should apply Lord Porter’s test as set out above.
What is occupiers’ liability?

Occupiers’ liability focuses on the duty of care an occupier (someone in control of the property) owes to those who enter their premises, including both invited and uninvited visitors. It primarily deals with accidents and injuries that occur on the property that is under the control of the occupier, such as their home, business, or land.

The Occupiers’ Liability Act (OLA) 1957 and the OLA 1984 governs the duty of care that occupiers owe to people who enter their premises.

The OLA 1957 primarily deals with the liability of occupiers concerning visitors to their premises and outlines the duty of care that an occupier owes to lawful and unlawful visitors. The OLA 1957 provides that an occupier must take reasonable care to ensure that the premises are safe, which may include warning about known hazards. In the case of unlawful visitors, i.e., trespassers, the occupier must avoid wilful or reckless injury.

Complimenting the OLA 1957 is the OLA 1984 which addresses the duty of care owed to people who enter premises for recreational purposes. Under 1984 Act, a person who allows others to enter their land or property for recreational activities, such as hiking or picnicking, is generally not responsible for injuries suffered by recreational users. However, there are exceptions, such as if the injury is caused by a hidden danger, the occupier charged a fee for entry, or the occupier intentionally caused harm.

Occupiers are expected to take reasonable care to ensure their premises are safe for all lawful visitors, which may involve conducting regular inspections, maintaining the property, and warning of any known hazards.

This is illustrated in the recent case of Ashton v The City of Liverpool Young Men’s Christian Association [2023] EWHC 707 (KB), 2023 WL 03437939.

The Claimant, A, was spotted hanging from her fingertips from a windowsill on the fourth floor of the Liverpool YMCA. She subsequently fell and landed on the first floor ledge of the building, sustaining serious injuries.

The Defendant, who was the occupier of the building argued that A deliberately exited the fourth floor window of the room which she occupied in an impulsive attempt to kill herself, before having a rapid change of mind.

A stated that she fell from the window when trying to retrieve washing which had been drying and that the opening of which was not restricted, One of the issues the Court had to decide on was whether the Defendant had breached its duty of care under the OLA 1957.

After examining the evidence, the Court concluded that the Defendant had breached the OLA 1957 by failing to ensure that the windows were appropriately restricted and not capable of being easily opened by vulnerable visitors and short term residents.

What should I do if I am unsure whether I have a claim?

The most crucial step to take if you suffer a personal injury because of negligence is to talk to an experienced Personal Injury Solicitor. They can swiftly tell you whether your claim should be brought against a local authority or the owner of a private premises. If they believe your claim has a reasonable chance of success, they may represent you on a no win, no fee basis. Time is of the essence when it comes to personal injury claims as the Limitation Act 1980 states that a claim must be brought within three years of the injury occurring.

Our team has decades of combined experience in successfully advising and representing clients in complex public and occupiers’ liability cases. We are sympathetic and understanding and are here to help you every step of the way.

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Public Liability

Which UK Councils Are Paying The Biggest Injury Compensations?

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Recent data* has revealed the 10 local councils in England and Wales most affected by personal injury compensation claims – highlighting the real cost of accidents in public places.*

The majority of these claims stem from slipstripsand falls, pothole accidents, falling objects, and injuries caused by poorly maintained public spacespavementsand equipment.

These figures demonstrate the importance of councils meeting their legal duty of care to keep the public safe.

Councils Paying the Most in Personal Injury Claims (2022-2023)

According to the data, Liverpool City Council recorded the highest personal injury payouts, paying over £1.7 million between April 2022 and April 2023.

Close behind were Essex County Council and Hampshire County Council, both of which paid out more than £1.2 million in compensation during the same period.

Top 10 Councils for Personal Injury Compensation Payouts

  1. Liverpool City Council – 311 claims – £1,743,423.43
  2. Essex County Council – 440 claims – £1,286,745.92
  3. Hampshire County Council – 217 claims – £1,256,506.82
  4. Camden Council – 92 claims – £1,108,472.57
  5. Manchester City Council – 341 claims – £1,081,522.00
  6. Birmingham City Council – 283 – £806,004.00
  7. Bury Council – 82 claims – £735,000.00
  8. Rochdale Metropolitan Borough Council – 104 claims – £719,454.46
  9. Southampton City Council – 49 claims – £494,970.00
  10. Sheffield City Council – 79 claims – £481,351.32

Why Are Councils Liable for Personal Injury Claims?

Local councils and authorities are government bodies responsible for maintaining public services and spaces, including:

  • Roads and pavements
  • Parks and public walkways
  • Schools and leisure facilities
  • Public transport infrastructure

They are legally required to ensure these environments are safe for public use.

Council Duty of Care Explained

Under the Highways Act 1980, councils are responsible for maintaining pavements and public highways in a reasonably safe condition for pedestrians.

To meet this duty of care, councils must:

  • Carry out regular safety inspections
  • Repair hazards such as potholes and uneven paving
  • Address risks from falling objects or unsafe structures
  • Provide clear warnings where immediate repairs are not possible

Failure to do so can result in council negligence claims when someone is injured.

Can You Claim Compensation Against a Council?

If you were injured due to local authority negligence, you may be entitled to claim compensation for:

  • Pain and suffering
  • Medical treatment and rehabilitation
  • Loss of earnings
  • Travel and care expenses
  • Future financial losses

Claims can arise from accidents such as slipstripsfallsor pothole injuries on council maintained land or roads.

Council Injury Claims - How NJS Law Can Help

If you’ve suffered injuries in an accident that wasn’t your fault, NJS Law can help you pursue the compensation you deserve.

Our experienced personal injury solicitors provide:

  • Clear, honest legal advice
  • Supportive, sympathetic guidance
  • No winno fee representation
  • Proven experience in council and local authority claims

We make the claims process as straightforward and stress-free as possible, so you can focus on your recovery.

Speak to a Personal Injury Specialist Today

If you would like to discuss a potential claim, contact NJS Law today for a freeno obligation consultation.

  • Available by phone or email
  • No win, no fee
  • On your side from start to finish

*Source: LegalExpert

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