Categories
Motorbike Accident

National Pothole Day

Francisco García Reinoso

15th January 2022 is National Pothole Day, and it got us thinking here at Nicholson Jones Sutton about those pesky potholes and how they might impact you…

If you are walking along, minding your own business and trip over a pothole in the street it may cause serious injury. You may have to go to hospital. You may have to have time off work.

What may sound like a trivial fall could in fact cause significant financial hardship as well as pain and suffering.

You may wonder why that pothole was there and why no-one had done anything about it.

What caused the pothole?

Potholes can be caused by a variety of issues. The most common cause is when water gets into cracks in the surface of the tarmac then the cold weather hits and the water freezes. The cycle of freezing and thawing water can cause the cracks to become bigger over time. Without maintenance the pothole can present a hazard to pedestrians, cyclists and drivers.

Who is responsible for maintaining the highway?

If the pothole is on a street or road that is used by the general public the local authority should carry out regular inspections and take steps to repair any potholes that start to present a hazard to users of the highway. This is a statutory duty and they receive money from the government to do this.

If the Council fails to repair any potholes that either they were aware of or ought to have been aware of if they had carried out an inspection then they may be liable to compensate anyone who is unfortunate to be caused injury by tripping on the pothole.

What should I do if I trip on a pothole?

You should seek medical attention for any injuries that require it. Landing on your wrist or even your knees can cause fractures that required urgent attention to avoid or limit any long-term issues.

You should also take a photograph of the exact pothole you tripped on. A photograph of the general area may show how bad the street is but you must identify where you tripped. If you can take measurements and show this in the photo this assist.

You should then contact Nicholson Jones Sutton Solicitors.

Our expert Public Liability team have years of experience in dealing with such claims. We will advise you on the funding arrangements available to you, prepare a letter with allegations to the local authority and arrange for your injuries to be assessed by an independent medical expert.

We will talk you through each step of your claim and ensure that you understand the process. In rare circumstances we may have to issue proceedings against a local authority who refused to accept that their negligence caused you to sustain injury and suffer loss.

What about if I was driving or cycling?

You can still make a claim against the local authority. According to one report the RAC dealt with more than 10,000 potholes in 2021 – which is a staggering 27 incidents a day.

Not only can this cause injury but serious damage to your bike or your car. We can help you recover the repair costs.

How much will I receive?

This depends on your injuries and your circumstances. If you are unable to work, you will be able to recover your loss in wages. Even if you did not have any financial loss a simple fracture could result in compensation in the thousands.

How much will it cost?

We accept the vast majority of cases on a Conditional Fee Agreement which means that we recover most of the legal costs from the Council. We will only charge you a success fee which would be capped at a percentage of your damages ensuring that you receive the majority of the compensation awarded without worrying that you will be out of pocket with a large bill to be paid out of your compensation.

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Categories
Housing Disrepair Claims

Housing Disrepair Help Guide

Francisco García Reinoso

When discussing housing disrepair, it’s important to understand the difference between repairs a landlord is legally responsible for, general tenant maintenance, and property improvements. Knowing this distinction can help tenants understand when they may have a valid housing disrepair claim.

What Is Housing Disrepair?

Housing disrepair refers to a rented property that requires repair to be safesecureand suitable to live in. In most cases, housing disrepair is the legal responsibility of the landlord, not the tenant.

If essential parts of the property are defective or unsafe, and the landlord fails to fix them, the tenant may be entitled to take legal action.

Landlord Responsibilities Under the Landlord and Tenant Act 1985

Under the Landlord and Tenant Act 1985, landlords are legally required to ensure:

  • The structure and exterior of the property are in good repair
  • A working heating system and access to hot water
  • Safe access to gas, electricity, and water
  • Proper sanitation facilities, including toilets, sinks, and basins
  • The property is free from damp and mould
  • Gutters and drains are clear and in working order

If a landlord fails to meet these obligations after being notified, tenants may be able to pursue a housing disrepair claim.

When Can a Tenant Make a Housing Disrepair Claim?

Tenants can pursue housing disrepair claims when:

  • The landlord has been made aware of the problem
  • reasonable amount of time has passed
  • Repairs have not been carried out or have been ignored

At this point, legal action may be appropriate.

What Is Not Considered Housing Disrepair?

Property Improvements

Landlords are not legally required to carry out upgrades or improvements. For example, tenants cannot make a disrepair claim to force a landlord to install a new kitchen or bathroom unless repairs are needed to fix an existing fault.

General Tenant Maintenance

Tenants are expected to look after the property in a “tenant-like manner”. This includes:

  • Keeping property clean and tidy
  • Changing lightbulbs and fuses
  • Bleeding radiators
  • Replacing batteries in smoke or carbon monoxide detectors
  • Basic garden maintenance such as mowing lawns or clearing leaves

These issues are not classed as housing disrepair.

What Can I Claim for in a Housing Disrepair Case?

If repairs are not completed within a reasonable timeframe, tenants may be able to claim for:

  • An order forcing the landlord to complete repairs
  • Compensation for inconvenience and distress
  • Compensation for damaged personal belongings
  • Personal injury caused by the disrepair

Landlords are legally responsible for ensuring properties meet health and safety standards. Failure to do so may result in liability for damages or injuries suffered by tenants.

Housing Disrepair and Health Risks

Tenants must report health and safety concerns – such as broke boilers, damp, mould, or poor sanitation – to allow the landlord to take action.

Poor housing conditions have serious consequences. Research shows that housing related health issues cost the NHS in England approximately £1.4 billion per year. Cold homes, damp, and unsafe conditions contribute significantly to long-term illness and injury.

What Types of Housing Disrepair Can Affect Your Health?

Common personal injury claims linked to housing disrepair include:

  • Respiratory illnesses caused by damp and mould
  • Physical injuries from slips, trips or poor lighting
  • Asbestos-related illnesses in older properties
  • Injuries caused by faulty electrics
  • Injuries resulting from structural defects

To succeed in a claim, there must be clear medical evidence linking the disrepair to the injury. Personal injury protocols must be followed, so legal advice is essential.

Before starting a claim, tenants should:

  • Confirm the landlord is legally responsible for the repairs
  • Ensure the issue has been reported and sufficient time given
  • Gather evidence such as photos, emails, or medical records

If your Council, Housing Association or landlord has failed to act, you may be entitled to compensation.

How NJS Law Can Help

At NJS Law, we are housing disrepair experts assessing tenants nationwide on a No Win No Fee basis. We help tenants:

  • Force landlords to carry out essential repairs
  • Recover compensation for delayed repairs
  • Pursue personal injury claims caused by disrepair

Our experienced and compassionate team is here to support you every step of the way.

Contact us today to discuss your housing disrepair 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
to get your home put right and to get you compensated!

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Categories
Blog

Family Law….What is it all about?

Francisco García Reinoso

Family law usually covers three areas; separation, finances and children. The law is there to help you find your way through these difficult times.

Family law usually covers three areas; separation, finances and children. The law is there to help you find your way through these difficult times.

Separation

If you are married and separated, you may be considering a divorce. Typically, the divorce process now takes place online, unless there are certain complexities that require a paper application such as a contested divorce. The process is simple and easy to follow and therefore you must not feel daunted by the process.

If you are separated and not married, you are legally known as common law husband and wife. There is no process to follow to formalise your separation, however the complexities of arranging children and dividing finances still need to be resolved and the law is there to help.

Finances

If you have separated you are likely to have many questions about your finances, such as;

  • Who shall remain in the former family home long term?
  • What is a fair financial settlement for us?
  • What will happen to my pension?
  • Can any assets be ring fenced?
  • Is a lump sum order, periodical payment order or spousal maintenance order for me?
  • Does Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) apply to me?

There are various legal processes available to you to make sure that you reach the outcome that is right for you and your family.

Children

After separation, trying to make sure your children are impacted as least as possible is every parent’s priority. Unfortunately, it can sometimes feel that this is impossible to achieve.

Positive communication and co-parenting with each other is vital. However, if that communication has broken down, the law is there to help you and to put things back on track.

Negotiation in the first port of call. If this comes to a standstill, mediation should then be attempted to help you both reach agreements together. If all else fails, an application to Court may be required which will resolve all ongoing disputes.

No matter what difficulties you are experiencing, our Nicholson Jones Sutton family and divorce specialists are here to provide advice and guidance to help you through the most difficult of situations and enable you to move forward in life.

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Categories
Blog

Financial Agreements

Francisco García Reinoso

If you are currently going through Divorce proceedings you may be wondering what happens to the assets of the marriage. What will happen to the family home, your pension, your savings?

In the first instance one of the parties will make a referral to mediation to resolve financial matters. You will both have to attend a Mediation Information and Assessment Meeting (MIAM) to see if matters can be resolved by mediation. If agreement cannot be reached then you will need to apply to the Court.

You need to issue an Application for Financial Remedy Proceedings with the Court and pay the appropriate fee of £255.

On receipt of the application the Court will list the matter for a First Hearing Dispute Resolution Appointment (FHDRA) and both parties will be required to attend.

The Court will direct that prior to the First Hearing both parties will be required to file a Form E (a concise financial Statement) with the Court and on the other party.

If matters are not agreed at the First Hearing the matter will be listed for a Dispute Resolution Appointment to give the parties a further opportunity to agree matters.

If matters are not agreed at the Second Hearing the matter will be listed for a Final Hearing where a Judge will hear evidence and then make a decision.

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Categories
Blog

Children Act Proceedings

Francisco García Reinoso

Are you being refused contact to your children? Have you attempted to communicate with the other parent? Is contact still being refused? If so, we will be able to help you.

You will be required to make a referral to a Family Mediator who will contact the other party to see if they will agree to mediate over the issues. If they are not prepared to do so then the Mediator will provide you with a Mediation Information and Assessment Meeting (MIAM) Certificate.

You will then need to make an application for a Child Arrangements Order attaching the MIAM Certificate to your application. There is a fee payable of £215.

Upon receipt of the papers the court will issue the proceedings and send a copy of the Application to the Children and Families Court Advisory and Support Service (CAFCASS) to enable Safeguarding checks can be carried out.

A safeguarding letter will then be served on each party and filed with the Court, and the matter will progress to a First Hearing Dispute Resolution Appointment, without the parties.

Thereafter the Court will make directions as to how the case will progress and the parties will be advised when they are required to attend at a hearing.

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Categories
Blog

Divorce – The Legal Process

Francisco García Reinoso

Wondering how a divorce works from a legal point of view? Below is a flow chart of the major steps and milestones along the way

Petitioner drafts Divorce Petition based on the most appropriate of the available grounds:
• Unreasonable behaviour
• Adultery
• Desertion
• 2 Years Separation (with consent)
• 5 Years Separation (without consent)

Divorce Petition sent to the Court with the original marriage certificate and Court fee (£550)

Court issue the Divorce Petition and send a copy to both parties
(the Respondent is also sent an Acknowledgement of Service form to complete)

The Respondent is to file an Acknowledgement of Service with the Court within 7 days

The Court send a copy of Respondent’s completed Acknowledgement of Service to the Petitioner

Petitioner applies for Decree Nisi

Court lists a Hearing for the Decree Nisi
(generally the parties do not attend the hearing unless there any disputes)


Confirmation of the Decree Nisi date is sent to both parties

Petitioner can apply for Decree Absolute six weeks and 1 day after the Decree Nisi

The Court grants the Decree Absolute and the parties are now divorced

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Categories
General Updates

Coronavirus: Adjusting To Office Life During a Global Pandemic

Francisco García Reinoso

The past year has undoubtedly been a tough one, and many have suggested that Covid-19 will bring about the end of office-based working. However here at Nicholson Jones Sutton we have embraced the opportunity to grow and thrive, for the benefit of both our staff and valued clients alike.

We have implemented an array of changes to our office space in order to provide a safe and secure environment for all of our staff, inclusive of a one-way system, increased provision and use of hand sanitising and desk cleaning practices, and also temperature monitoring every morning for all staff members upon entry to the premises.

The firm also saw huge success in remote working, with staff continually delivering excellent service throughout the initial stages of lockdown. This has led to the successful launch of our Satellite Litigation Team, who are now based at home on a permanent basis. 

We continue to strive to further improve the service that we provide to our clients, and hope that you are all keeping safe and well during this unprecedented, and often difficult time.

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FAQ

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