BLB Solicitors

Doom and gloom in the housing market

2011-08-31T02:04:00.000-07:00

A recent survey conducted by the Royal Institution of Chartered Surveyors (RICS) claims that surveyors are generally pessimistic about UK house prices, following a slight fall in values in July. The findings suggested that, in most of the UK, would-be buyers are being put off by the large deposits being demanded by lenders, and potential sellers are unwilling to accept lower selling prices and so are reluctant to enter the market. This survey makes gloomy reading, and doesn't bode well for first time buyers. London remains the only region to see house prices rise. The worst readings came in the West Midlands and the East of England.

In another recent survey, The Council of Mortgage Lenders (CML) has calculated that 827,000 mortgage holders are in negative equity, although this figure is lower than the estimated 1.6 million households who found themselves in the same situation in the early 1990s.

BLB Solicitors are a well established firm and we pride ourselves on being approachable and professional with the highest standards of client care. For a no-obligation conveyancing quote for a purchase and/or sale, please contact us using the contact form.

BLB Solicitors win £150,000 for client with "unwinnable" claim

2011-05-25T02:02:00.000-07:00

BLB Solicitors have reached a settlement in a claim where the claimant was told by her former solicitors that her claim was "unwinnable".

The claimant suffers from Complex Regional Pain Syndrome Type 1 (CRPS), which was formerly known as Reflex Sympathetic Dystrophy (RSD). She developed the painful and debilitating condition after injuring her ankle when she fell at work.

Her former solicitors obtained medical evidence from a doctor with no clinical experience of her condition, who said that there was "no clear and obvious reason for these symptoms and I can only conclude that they are unlikely to have been caused by her fall at work".

When the claimant challenged the doctors opinion, her solicitors advised her that she had no choice but to accept it unless she wished to pay for a second opinion herself. She was told that even if she obtained a second opinion, it was unlikely that another doctor would find that the CRPS had been caused by the accident and that her claim was "unwinnable".

Richard Lowes, a partner at BLB Solicitors, said "sadly, this is very typical of the advice that claimants suffering with chronic pain conditions receive from non-specialist solicitors. They often instruct totally unsuitable doctors through medical agency middlemen. With no knowledge of chronic pain conditions and the life changing effect that they can have upon the claimant, they fail to appreciate the importance of obtaining evidence from respected, senior consultants with current clinical experience in treating the condition. We do not use medical agencies. We directly instruct consultants of whom we have prior knowledge and experience."

Should you wish to discuss your own claim with one of our specialist solicitors, please call us on 01225 462871 or complete our contact form. You are under no obligation to instruct us and your call will be treated in the strictest confidence.

"Cash for crash" gang jailed

2011-05-06T02:38:00.000-07:00

Three members of a gang who ran a "cash for crash" insurance fraud were jailed recently. They set up a fake insurance company, Swift Accident and Credit Hire and began engineering bogus claims by staging or faking accidents. The men, who enlisted more than 30 friends to help file the claims, were found guilty at Luton Crown Court of conspiracy to defraud on 14 April.

Judge Michael Kay QC described them as 'greedy' and 'dishonest'. He said, "those who established Swift Accident and Credit Hire did so in order that it would be a fraudulent operation. It required careful planning and organisation....relationships were established with solicitors and doctors".

Police uncovered the insurance fraud while they were investigating organised criminal activity in Luton. Together with the Insurance Fraud Bureau, the Police uncovered a "web of deceit" involving taxi drivers, solicitors and other professionals. The five ringleaders ran the fake company from their base in Luton between August 2005 and November 2006.

The gang used different techniques to defraud insurance companies. They 'induced' accidents by stopping suddenly in front of an innocent third party, and they also staged accidents, where drivers in both vehicles were in on the scam. They claimed for fake accidents, which never took place and they also exaggerated injuries and damage to vehicles, with the help of their "professional" friends.

Glen Marr, director of the Insurance Fraud Bureau, said: "The fraud is estimated to cost the industry £1.9bn a year and that adds on average £44 to every policy holder's annual insurance premium."

Personal Injury Solutions is the specialist Personal Injury Department of BLB Solicitors. Our specialist personal injury solicitors can help if you have been involved in an accident or if you are unhappy with your current solicitor. It can be difficult to know how or if to proceed with a personal injury compensation claim, so please complete our contact form to discuss your options.

Movement in the housing market?

2011-04-27T06:23:00.000-07:00

The number of mortgages approved for house purchases rose to an 8 month high during March as activity in the property market showed signs of picking up, figures revealed today. A total of 31,660 loans were approved for people buying a new home, 5% more than during the previous month and the highest level since July last year, according to the British Bankers' Association.

Despite the rise, the figure is still down on the 35,124 mortgages for house purchase that were approved in March 2010, while it is significantly below the 70,000 to 80,000 approvals a month considered consistent with a stable housing market.

However, the latest property confidence report from property website Findaproperty.com has revealed that the public are still worried about the state of the housing market. The percentage of consumers expecting house prices to fall has risen to 42% from 16% a year ago. Just 11% of the 1,000 people surveyed on a monthly basis now believe house prices will rise in the months ahead.

Interestingly, there has been a huge rise in the proportion of home buyers paying for their new homes in cash. Figures compiled by the Council of Mortgage Lenders show that in January 2011, nearly 40% of buyers did not need a loan to buy their home, meaning that the proportion of cash buyers has more then doubled since 2005, when records began.

BLB Solicitors are a well established firm and we pride ourselves on being approachable and professional with the highest standards of client care. For a no-obligation conveyancing quote for a purchase and/or sale, please contact us using the contact form

Driver who collided with loose horse claims record compensation

2011-04-15T05:08:00.000-07:00

A driver whose car collided with a loose horse is seeking more than £3m in compensation from the animal’s owner.

David Owen, of Broadway, Worcestershire, told Horse and Hound magazine that he collided with one of two horses that had strayed onto the A46 in February 2008. Mr. Owen's neck was broken in four places and his lower spine was damaged when the horse landed on his car roof following the collision, causing serious injuries which later required corrective surgery.

Mr. Owen, who has been unable to work since the accident and still suffers pain in his back, neck and legs as well as persistent headaches and short term memory loss, has said that his inability to work has led to financial difficulties, and creditors are now demanding he sells his business premises in Evesham.

He is now claiming £3,871,421 in compensation from the animal’s owner Amanda Johnson, of Aldington, Evesham, who has already pleaded guilty to breaching the Animals Act 1971 by allowing her horses to be loose on a public road. She was fined £750 and ordered to pay costs of £60 after appearing at Worcester Magistrates Court, having admitted to failing to ensure her fences and gates were closed and secured.

The court hearing for Mr. Owen's compensation claim is due to take place at the Royal Courts of Justice in London but no date has yet been confirmed. It is believed to be the largest claim for a case involving a loose horse.

Personal Injury Solutions is the Personal Injury Department of BLB Solicitors. Our specialist personal injury solicitors can help if you have been involved in an accident or if you are unhappy with your current solicitor. It can be difficult to know how or if to proceed with a personal injury compensation claim, so please complete our contact form to discuss your options.

Drink drive limit will not be lowered

2011-04-08T05:42:00.000-07:00

Drivers caught with a breathalyser reading up to 40% above the drink-drive limit will lose their right to request a blood test to verify the data, the Government announced recently. However, Philip Hammond, the Transport Secretary, ruled out lowering the drink-drive limit to bring it into line with most other European countries. A report commissioned by the previous Government recommended that the blood alcohol limit be cut from 80mg per 100ml to 50mg, the equivalent to one pint of beer or a small glass of wine for most motorists. Sir Peter North, the report’s author, said that such a move would potentially save hundreds of lives a year.

Mr Hammond said that refusing to lower the drink-drive limit would allow the police to target persistent offenders. “We want the police to be focused on those posing the most risk to themselves and to others,” Mr Hammond said. He added that removing the option of a blood test would close a loophole which gave drivers time to sober up while a doctor could be found to conduct the test.

Mr Hammond’s decision not to adopt the findings was condemned by motoring organisations, road safety campaigners and medical groups who have all been campaigning for a lower drink-drive limit. The AA said the Government had “missed an opportunity” to lower the drink-drive limit and Brake, the road safety charity, said Mr Hammond’s decision was “bitterly disappointing”.

BLB Solicitors is a well established regional law firm. We are experts in representing clients for all types of driving offences. Please contact us using the contact form for a free, sympathetic evaluation of your case.

Britain - divorce capital of the world?

2011-04-01T07:00:00.000-07:00

A Russian student has been awarded £2.8 million after an 18 month marriage, in a settlement that her ex-husband’s lawyer has claimed could turn Britain into the “divorce capital of the world”.

Elena Golubovich, 27, a student, married Ilva Golubovich, 26, an international financier, in Italy in August 2007. The couple, both from wealthy backgrounds, lived in a £4 million property in Kensington, West London, owned by Mr Golubovich’s mother, until they split up in July 2009. They spent £2 million during their marriage whilst earning nothing in the UK. They have a daughter who is now 2 years old.

After the relationship disintegrated, Mr Golubovich obtained a divorce in Russia but his wife, seeking a more generous payment in the UK, had it invalidated by the High Court. Mr Golubovich appealed to the Court of Appeal last July and the High Court decision was overturned, but then last August the High Court’s Family Division ordered Mr Golubovich to pay his wife £2.85 million as Mrs Golubovich still had a claim to a share of her ex-husband's British assets under the Matrimonial and Family Proceedings Act 1984.

Mr Golubovich then challenged that decision on the grounds that it was out of proportion to the length of the marriage, that almost all of his wealth came from his parents and that English courts had no jurisdiction. However, Lord Justice Thorpe, Lord Justice Etherton and Mrs Justice Baron, sitting at the Appeal Court, have upheld the award even though Mr Golubovich’s lawyer, Justine Johnston, said it would “open the floodgates” to similar cases. The judges said the Russian divorce should stand but the couple’s life in London justified Mrs Golubovich’s claim on the Russian financier’s British assets.

BLB Solicitors are experts in the specialist and sensitive area of Family Law, and we also practise Collaborative Law, a different approach which helps resolve family disputes in an amicable and constructive way. For more information contact us using this contact form.

Measures in Budget to aid the housing market

2011-03-25T04:39:00.000-07:00

First time buyers were the recipients of a package of measures announced by Chancellor Osborne in the Budget this week, designed to stimulate the housing market.

The government announced that first-time buyers will be offered deposits to help them get on the property ladder via new build homes. Under the FirstBuy scheme, buyers will be required to save a deposit of 5% of the property’s value, with 10% offered by the government and 10% by house builders through an equity loan, enabling people to qualify for 75% loan-to-value mortgage. Only buyers on a combined household income of £60,000 or less are eligible for the scheme. The equity loan will be interest-free for five years with interest charged at 1.75% in year six, and at inflation plus 1% thereafter.

Industry experts however have questioned whether the measures will have a significant effect, and there are fears the scheme could backfire as buyers may end up in negative equity if prices fall. A spokesperson from the National Institute of Economic and Social Research (NIESR) claimed that the Firstbuy Direct scheme will "exacerbate economic distortions and make things worse over the long run." Estate agents cautiously welcomed the move, with one saying "I welcome the fact that the government is looking for solutions, but this is a Band-Aid on a broken leg.”

BLB Solicitors are a well established firm and we pride ourselves on being approachable and professional with the highest standards of client care. For a no-obligation conveyancing quote for a purchase and/or sale, please contact us using the contact form.

UK national speed limit to increase?

2011-03-16T05:44:00.000-07:00

Recent proposals by the Government, suggesting that the national speed limit should be raised to 80mph on Britain’s motorways, has led to fears that this could lead to an increase in road traffic accidents.

Ministers are debating the economic benefits of shorter journey times, as a result of increasing the current 70mph limit by an extra 10mph. However road safety groups have warned that traffic accidents could increase dramatically as a result. Road safety charity Brake called the move, ‘immoral’ and ‘highly dangerous’, warning that it could undermine the efforts made in recent years to reduce the number of serious injuries on Britain’s roads. Other critics, particularly from the environmental lobby, argue that a car speeding at 80mph uses 10% more fuel than one cruising at 70mph.

Supporters of the proposal on the other hand claim that the majority of drivers regularly break the current speed limit of 80 anyway and that by legalising it, Britain’s motorways could actually become safer, as, they argue, drivers are more alert and more responsive to potential hazards when travelling at higher speeds. They quote statistics which show that there were 132 deaths on motorways in 2009 at a time when the total number of road deaths was 2,222 - proving, they say, that motorways are safer.

The Government have implied that should the higher speed limit be introduced it would be enforced vigorously, and the authorities would end the practice of "turning a blind eye" to speeds greater than 70 mph but less than 90mph.

It would seem that the Government are minded to introduce this change and it has been suggested that MP’s could try and push through the new speed limit before their summer break in July.

BLB Solicitors is a well established regional law firm. We are experts in representing clients for all types of driving offences. Please contact us using the contact form for a free, sympathetic evaluation of your case.

Don't be a victim of third party capture

2011-02-23T01:55:00.000-08:00

BLB Personal Injury Partner, Richard Lowes, took a call recently from another victim of third party capture by an insurance company.

The lady concerned had been involved in a road traffic accident 6 weeks ago. The other driver's insurance company had telephoned her later the same day. They asked her how she was and she told them that she was "aching and feeling very shaken". She said they sounded very sympathetic and offered her £1,000 to settle any claim immediately. She accepted.

That night she had difficulty sleeping and by the following morning her back and neck were in considerable discomfort. She has been undergoing intensive physiotherapy and this alone has cost her nearly £300 so far. Unfortunately, as she has already settled her claim with the other driver's insurance company, she cannot seek any more compensation from them.

Sadly, this is becoming an all too common tale, particularly after road traffic accidents. Remember, to the insurance company you are no more than a damage limitation exercise. They know they have to compensate you and they want to pay you as little as possible.

The golden rule is NEVER to accept an offer from another party's insurance company without first taking independent legal advice. And "independent" is the key word. Insurance companies will often offer to refer you to one of their "independent" panel solicitors for advice, at no cost to yourself. How "independent" will the advice really be when the solicitor is recommended by the other driver's insurance company?

Always speak to a specialist and truly independent personal injury solicitor. The chances are it won't cost you a penny.

BLB Solicitors is a well established regional firm with a dedicated legal personal injury team, each of whom has a huge wealth and breadth of experience. We can provide you with a friendly, understanding and sympathetic evaluation of your case. For more information please contact us using the contact form.

Speeding motorcyclist traced, despite not having a front registration plate

2011-02-16T07:03:00.000-08:00

A man riding a motorcycle over the speed limit without a front registration plate made a rude gesture at a speed camera because he thought he would not get caught, police said.

Paul Collins, a University student, was travelling on his vehicle at 48mph in a 30mph zone when he made the gesture to the speed camera in Southampton. However, police were able to have a good look at his distinctive Jin Lun Lexmoto 125cc motorcycle, which had no front plate. He was later spotted by police officers on the same road. At Southampton Magistrates' Court, Collins was fined £177 and received five points on his licence after admitting speeding. He did not appear in court and made no plea to a separate charge of driving without L-plates.

PC Mick Gear, from Hampshire Police, said: "When we visited him at home, the rider admitted the offence, telling us his mates told him he wouldn't get caught. I think this is a lesson to all irresponsible motorcyclists that we will seek to prosecute anyone caught speeding through these areas. Collins did so knowingly and his arrogance was plain to see from the enforcement image. I hope the sentence will encourage other riders to be more responsible."

BLB Solicitors are experts in representing clients for all types of driving offences. Please contact us using the contact form for a free, sympathetic and friendly discussion of your case.

Divorce isn't necessarily always a war zone

2011-02-02T06:32:00.000-08:00

The Daily Mail reports that a wealthy banker has separated from his wife of 10 years, but is "happy" to give her half of his estimated £300m fortune when and if they finally divorce.

Roger Jenkins, the former head of Barclays Bank, who is credited with saving the bank at the height of the credit crunch, married Diana in 1999. Diana, born Sanela Dijana Catic in Bosnia, came to the UK in 1993 speaking very little English. She took menial work to finance a night-school course in English, then ran a market stall selling jewellery. She eventually saved enough money to enrol at City of London University, where she launched an investment fund, through which she met Mr Jenkins.

The couple have announced that they separated at the end of 2009, and both continue to live in California, and are sharing the care of their 2 children. When asked, Mr Jenkins said " Will she take half my money? Of course. And quite rightly so. I will happily give it to her. You have to have a degree of integrity and ethics in a situation like this. Diana and I had a wonderful marriage for ten years. We have two fantastic kids together. Without her, I would not have anything....There is no way I would have achieved what I did in the City without her...she didn't make me. But she complemented me".

If things are not going as smoothly in your case, then BLB Solicitors Family team are experts in this specialist and sensitive area of law. We also practice collaborative law, a different approach which helps resolve family disputes in an amicable and constructive way. For more information please contact us using the contact form.

Judges to take 12 year old boy's wishes into account in family proceedings

2011-01-28T06:00:00.000-08:00

A 12 year old boy at the centre of a transatlantic “tug-of-love” battle is to be given the chance to tell judges whether he wants to live with his elder brother and father in America or with his mother in Darlington. The boys are subject to a Court of Appeal case and the three judges hearing the case have delayed making a decision so they can consider the “wishes, feelings and best interests” of the younger brother.

The brothers were separated following family proceedings at Middlesbrough County Court late last year, when a judge gave permission for the boys to live abroad with their father. However, their mother appealed the decision in relation to the younger son, and therefore only the older boy went to live overseas.

Both boys wrote a letter to the judge, saying they wanted to live with their father. The younger boy wrote: “I think I should have the same right to choose as everyone else. Just because I am 12 does not mean I can’t think for myself.”

His mother’s lawyers have said the boy has now distanced himself from comments he made in the letter, and have claimed that the family court judge did not take account of the fact that the brothers would be removed from their primary carer, their mother, and furthermore had no connection with their prospective new home.

In response, lawyers acting for the father said the boys had specifically asked to be homed together because they did not wish to be separated, and claimed that they had spent holidays with their father's family.

Sir Mark Potter, sitting with Lord Justice Lloyd and Lord Justice Patten, said he felt unable to make a decision without knowing how the younger boy felt about the situation. He said: “If he is settled and has accepted his brother going, that is one thing, but if he is missing him badly and is upset that he is gone, then that is a different matter.” The case has been adjourned so that a children’s advocate can prepare a report on the younger boy’s wishes and feelings.

BLB'S Family team are experts in the specialist and sensitive area of Family law, and we also practise Collaborative Law, a different approach which helps resolve family disputes in an amicable and constructive way. For more information contact us using this contact form.

Ministry of Defence pays £1.7m compensation to paratrooper injured in Afghanistan

2011-01-21T06:05:00.000-08:00

A paratrooper who lost his leg in the conflict in Afghanistan has been awarded personal injury compensation after taking legal action against the Ministry of Defence (MoD).

Sergeant Stuart Pearson from 3rd Battalion, the Parachute Regiment had been in Helmand Province in September 2006 when he attempted to rescue an injured colleague from a minefield.

Sgt Pearson stood on an anti-personnel mine which exploded and had to have his left leg amputated as a result. He also faces the possibility that his right leg may have to be amputated, as it was very badly hurt in two further explosions during the incident, one set off by a colleague who was giving him first aid, and the other triggered when a helicopter tried to land to rescue the injured men. Sergeant Pearson was awarded the Queen's Gallantry Medal after the tragedy, which killed Corporal Mark Wright and injured five other comrades.

An investigation in 2008 into the incident found that the soldiers had not been given a map showing the minefield's location and had not been backed up by helicopters carrying winches that would be able to rescue them in the event of an emergency.

Sergeant Pearson took legal action against the MoD for "breach of duty before contact with the enemy" and has now been awarded £1.7 million for his pain and suffering, as well as for the future cost of prosthetics and care. Should he need another amputation, he will be able to return to the High Court to claim further compensation.

BLB Solicitors is a well established regional firm with a dedicated legal personal injury team, each of whom has a huge wealth and breadth of experience. We can provide you with a friendly, understanding and sympathetic evaluation of your case. For more information please contact us using the contact form.

Enid Blyton's family in legal wrangle over Will

2011-01-12T02:23:00.000-08:00

Gillian Baverstock, the daughter of well known children's novelist Enid Blyton, died 3 years ago aged 75, leaving an estate worth an estimated £800k, but none of her beneficiaries have seen any of their inheritance due to legal wrangles. The estate includes dozens of her mother's original manuscripts and annotated books.

Four of her six grandchildren, who were each left £50,000 by Mrs Baverstock, have launched a High Court action against the two trustees of the estate claiming they have mishandled their grandmother's affairs and reduced the value of the estate. Their High Court writ states that property which used to belong to Mrs Blyton has been sold for a fraction of its true value. The beneficiaries are asking that the trustees be replaced by people of their own choosing.

A trustee is someone who is given legal responsibility to hold property in the best interest of or for the benefit of someone else. As the name implies the trustee acts under a “trust” to do what is best and to act in the interests of others (the beneficiaries) and not himself.

BLB Solicitors specialise in inheritance disputes, disputed wills and all types of contentious probate cases. Our experienced private client team can offer a sympathetic, friendly assessment of your case. Please contact us using the contact form on our website.

One rule for one?

2010-12-22T05:54:00.000-08:00

A judge recently launched an extraordinary attack on a police force after a police superintendent caught driving at 79mph in a 50mph zone was let off with a caution by a junior colleague. Superintendent Helen Chamberlain was trapped by a speed gun, but was told by the police constable who pulled her over that she would not be prosecuted. She was allowed to leave the scene after accepting a verbal warning, but was later charged with speeding after senior officers overruled that decision.

Superintendent Chamberlain, 43, pleaded guilty on the day her trial was due to start. She had originally denied the offence, arguing that the speed gun used by her Nottinghamshire Police Force colleague was inaccurate.

Sentencing her to six penalty points on her licence with £1,500 to pay in fines and costs, District Judge Tim Devas said, "the public have a right to know what went on at the roadside. Why did the PC take it upon himself to suggest there would be no prosecution for someone doing 79mph on a 50mph road? Can you imagine in your wildest dreams the police saying to us you are not going to be prosecuted? Quite rightly the public might think it's because of who she was, and that doesn't reflect well on Notts Constabulary."

Nottinghamshire Constabulary confirmed it was considering whether to take disciplinary action against Superintendent Chamberlain.

BLB Solicitors are specialists in representing clients for all types of driving offences. Please contact us using the contact form for a free, sympathetic and friendly discussion of your case.

Issues to consider when choosing a personal injury solicitor

2010-12-08T02:36:00.000-08:00

Most people can count on one hand the number of times in their life that they have instructed a solicitor. So, when you have to decide which solicitor to instruct following an accident, what should you look for? Below, are listed a few very basic issues that you should take into consideration when choosing a solicitor.

Freedom of Choice

It is fundamental that you are aware that you, and only you have the right to choose your solicitor. All too often these days, insurance companies and other third parties push people in the direction of "Panel Solicitors". The reason that they do this is purely financial. The "Panel Solicitor" will pay a large introduction fee to the insurance company or other introducer. If you are told by an insurance company that you must use a particular solicitor, under European Law that is WRONG.

Qualifications

There is an awful lot of "dumbing down" going on out there. Firms are cutting overheads by employing cheaper, unqualified staff. Do not be misled by grand sounding but meaningless job titles. Only people describing themselves as "Solicitor" or "Legal Executive" are qualified lawyers. Beyond that, the "gold standard" are Solicitors or Legal Executives who are also members of the Law Society's Personal Injury Accreditation Scheme. It is easy to check out an individual on the Law Society's website.

Talk to them

If you have identified a solicitor that you may wish to instruct, pick up the telephone and speak to them.

If they are not immediately available, did they return your call promptly?

Have they dealt with a similar claim before?

Do they understand your medical condition? This is vital as it will influence their choice of medical expert(s).

Are they hopeful of obtaining interim payments for you? This is particularly important if you are losing earnings and/or require urgent medical treatment.

Do you feel that you can develop a good professional relationship with this person? After all, they may become part of your life for some time.

You may have a variety of questions for them. Do not be afraid to ask them. You need to be happy that you are making the correct choice. Remember, it is the solicitors privilege to have you as their client, not the other way around!

With four regional offices (Trowbridge, Bath, Bradford on Avon and Swindon) and a dedicated legal personal injury team, BLB Solicitors can provide you with a friendly, understanding evaluation of your personal injury case. Each of our specialist personal injury solicitors has a huge wealth and breadth of experience. This is recognised by the Law Society which has granted them membership of its specialist Personal Injury Accreditation Scheme. For more information, get in touch using our contact form.

University report finds speed cameras do have significant effect on drivers speed

2010-11-26T02:26:00.000-08:00

The row about the effectiveness of speed cameras rumbles on.

A study by Richard Allsop of University College London found that cameras reduced drivers speed and made collisions less likely. Against a backdrop of the Government reducing grants to local authorities, Mr Allsop warned that the decommissioning the devices would lead to casualties rising again.

"The current crisis in funding for speed cameras, and road safety in general, leaves road users at real risk," said Stephen Glaister, director of the RAC Foundation. "The Government has said decisions on speed camera funding must be taken at local level which is why we are sending this evidence direct to all highway authorities. Councillors are perfectly within their rights to use scarce resources on things other than cameras but they need to know what the consequences could be."

However Mike Penning, the road safety minister, defended the Department for Transport's strategy. “The Coalition Government is committed to further improving road safety but it is right that local councils decide how best to tackle specific problems in their areas," said Mr Penning. "We ended central government funding for new fixed speed cameras because we don’t believe we should dictate to councils that they use them as the default solution in reducing accidents."

About 6,000 speed cameras have appeared on Britain's roads since they were introduced in 1992, generating some £100m in fines each year.

BLB Solicitors are specialists in representing clients for all types of driving offences. Please contact us using the contact form for a free, sympathetic and friendly discussion of your case.

What is chancel repair liability?

2010-11-19T06:43:00.000-08:00

"Rectorial land" or land carrying an obligation to repair the chancel is thought to exist in about 5300 parishes in England and Wales. Buildings on it are subject to the Chancel Repairs Act 1932 (CRA), which says that the occupiers of buildings on this land could be required to contribute towards the cost of repairs to the chancel of the local church. The chancel is usually situated at the eastern end of a Church and is reserved for use by the clergy and choir.

The CRA was little known about until a disputed claim by the parish of Aston Catlow, Warwickshire in 1990 against a local homeowner, Mr Wallbank, reached the House of Lords in 2003. The Church won the claim and Mr & Mrs Wallbank had to pay the bill and the court costs, which resulted in them selling the property in question.

After October 2013, the Church of England cannot claim for the cost of chancel repairs from property owners unless they have registered a potential claim with the Land Registry. Although this sounds like good news it is in fact a mixed blessing. It means that with time running out churches will now be looking to see whether chancel repairs will be needed in the foreseeable future and if so, they will no doubt be registering a potential claim against many property owners.

Various companies offer a search service to ascertain whether a chancel repair liability applies to your property. However as your share of the potential liability depends on the likely cost of the repairs and the number of properties the church can claim against, you can also have a more detailed search carried out for a greater fee.
If a general search turns up a potential chancel repair liability on your property, you can insure against this potential liability. However it is important to note that if a detailed search is undertaken which reveals a liability, most insurers will refuse to offer cover.

BLB Solicitors are a well established firm and we pride ourselves on being approachable and professional with the highest standards of client care. For a no-obligation conveyancing quote for a purchase and/or sale, please contact us using the contact form.

Father and son in legal battle over late mother's divorce settlement

2010-11-12T06:17:00.000-08:00

The Daily Telegraph is reporting the case of a businessman who is fighting his son in court over a £5.1 million divorce settlement he made with his former wife two months before she died. His son, Fraser Richardson inherited his mother Harriet's estate and is resisting his father Eric's application to cut the settlement.

Eric and Harriet Richardson ran a hotel chain and flat rental business but divorced in September 2009 after more than 40 years of marriage. Before the divorce they had jointly owned the Richardson Group which has property in the North West, Devon , Cornwall and Manchester.

Under the terms of the divorce settlement his father retained 52.5% of the couple's joint assets, close to £11 million, and in return agreed to take on all the risks of the business from which his mother had retired. His mother was handed the former family home in Windermere, Cumbria, but sadly she died two months later, leaving the bulk of her fortune to her son.

Mr Richardson is now facing a large damages claim which relates to an accident in 2004 in which a two-year-old girl fell from a window in one of the couple's blocks of flats and sustained severe brain damage. Three and a half years after the accident a personal injury claim was issued against Mr Richardson and the Richardson Group.

Mr Richardson's insurers have warned him they may not indemnify him and he wants the divorce settlement figure varied so that any damages award is shared with the estate of his late wife.

Nigel Dyer QC, representing Mr Richardson said any damages award should be a joint liability because the accident happened when Mr Richardson's former wife was his business partner. Mr Dyer said it had not been foreseeable during the divorce proceedings that the insurers might refuse to accept liability under the insurance policy. "In these circumstances it is not fair or reasonable that the husband alone should be liable for the damages award; any damages award should still be a liability to be met by the husband, and wife's estate." he said.

There are some case precedents for the setting aside of divorce settlements. A landmark decision from the House of Lords in 1988 ( Barder v Barder (reported as Barder v Calouri (1988) AC 20)) allowed the appeal of a man, whose wife had tragically killed herself and her two children only 5 weeks after the conclusion of the divorce settlement, to have the divorce settlement set aside as there had been a fundamental and unforeseeable alteration in the circumstances by the untimely death of his family.

BLB Solicitors has a team of family lawyers who are able to provide specialist advice on all aspects of this sensitive area of law. Our legal experts are members of Resolution and we have two Collaborative Family Lawyers who are specially trained in out-of court negotiations. For further information on this and any other family or matrimonial matter please contact us using the contact form.

The truth WILL out

2010-11-05T07:05:00.000-07:00

The ex-wife and the girlfriend of a millionaire estate agent both forged a will in a dispute over his fortune, a court was told this week. Chris John died suddenly of a brain hemorrhage at the age of 47, leaving a substantial estate but no will. His girlfriend Gillian Clemo, fearing for her future, then used a forged will to try to ensure she could stay in the luxury home they had shared, the jury was told.

Mr John's former wife Helen, who had split from her husband ‘acrimoniously’ after his affair with Mrs Clemo, then altered that forged will after discovering that their divorce had never been officially finalised, it was claimed.

John Philpotts, prosecuting, told Newport Crown Court: ‘When no will was discovered there developed a dispute as to who should administrate the estate. On the one hand were [Mr John's] two sisters and on the other hand Helen John, the ex-wife. No agreement could be reached.’

The situation suddenly took a ‘dramatic turn’ when it was found that no decree absolute to the divorce had been lodged with the courts, even though proceedings had begun in 2001. Mr Philpotts said this meant that technically Mrs John was still married to her husband, and had a legal claim to his fortune.

Three days later, however, Mrs Clemo suddenly claimed she had found a will naming one of Mr John’s sisters, Melissa Fenton, as the executor and the guardian of his 13-year-old daughter. Mr Philpotts said: ‘Mrs Clemo used that document, which we say was a forgery, to try to bring about the appointment of Melissa as executor of the estate".

The court heard Mrs Clemo had sworn an affidavit that the will, which left the estate to Mr John’s daughter when she reached the age of 27, was real and that she had witnessed it. However, Mr Philpotts said handwriting experts had decided that it was not Mr John who had signed the will. Suspicions were further raised by the fact that Mr John’s daughter’s name was spelled incorrectly in the document.

Mrs John admitted forging a modification to the will, although details were not given in court. She said she had been worried about her daughter’s inheritance. The jury heard she had been given a formal caution by police instead of being prosecuted.

Mrs Clemo denies forging a will under the Forgery and Counterfeiting Act.

BLB Solicitors specialise in drawing up wills, inheritance disputes, disputed wills and all kinds of contentious probate cases. Our experienced private client team can offer a sympathetic, friendly assessment of your case. Please contact us using the contact form on our website.

Schoolboy injured in football match receives £1.7 m

2010-10-29T06:12:00.000-07:00

A young schoolboy left with permanent brain damage by a collision on a school playing field was awarded £1.7m compensation at the High Court earlier this month. Rees Ashwell-Ross was seven when, in December 2004, he clashed heads whilst playing football at an after-school football club. He later complained of a headache and started vomiting and although his mother called the NHS helpline he was only hospitalised the next morning.

He suffered a grand mal seizure and had to undergo emergency surgery at Lincoln County Hospital to save his life and was left requiring a wheelchair and struggling with communication and other mobility difficulties. His family sued West Lincolnshire Primary Care Trust (PCT) , claiming a negligent delay in his treatment. Lawyers argued that with an appropriate response, he would have been examined by a doctor earlier and his devastating injuries could have been avoided. In May 2009 the PCT agreed to pay damages on the basis of 75% liability and earlier this month Judge Jonathan Foster at London's High Court approved a £1.7m settlement package for Rees, now 13.

Christopher Johnston, representing the Ashwell-Ross family, thanked the PCT for the reasonable attitude they had taken throughout the litigation, which he said had greatly reduced the stress of proceedings on the family.

The payout consists of a £1m lump sum, followed by index-linked payments of £19,500-a-year until Rees reaches the age of 45, at which time those payments will increase to £22,500-a-year and will continue for the rest of his life.

With four regional offices (Trowbridge, Bath, Bradford on Avon and Swindon) and a dedicated legal personal injury team, BLB Solicitors can provide you with a friendly, understanding evaluation of your personal injury case. For more information, get in touch using our contact form.

Supreme Court upholds Pre-nuptial Agreement in high profile case

2010-10-22T02:00:00.000-07:00

Historically, pre-nuptial agreements have been the subject of much debate. It used to be that the starting point was that any agreement that purports to bind the hands of the Court in the event of the breakdown of a relationship was not strictly enforceable in this country. This is in contrast with the position in many other parts of the world, including several other European countries. Recently it has become increasingly clear that these agreements will be given regard to by the Court in determining the financial settlement in any divorce case.

The case of Radmacher v Granatino was heard in the Court of Appeal in July 2009. Click here to read our report of the case.

Mr Granatino then took the case to the Supreme Court in March 2010, appealing against the decision of the Court of Appeal. The decision has now been handed down with the Supreme Court finding that the Court of Appeal was correct to hold the husband to the terms of the pre-nuptial agreement.

When considering a pre-nuptial agreement, a Court will ask whether it is just or fair to depart from the agreement. Where an agreement is manifestly unfair to a party, the Court may not give effect to it. The effect of the Supreme Court decision is that a Court should uphold a pre-nuptial agreement, provided it has been freely entered into by each party with full understanding of the implications, unless it would be unfair to do so. First consideration must still be given to any children of the family.

It is clear that in certain cases a pre-nuptial agreement will have decisive or compelling weight. In the Radmacher case, it was considered that there were no circumstances which made it unfair for the husband to be held to the agreement. It would not be fair for him to receive a proportion of his wife’s wealth, aqcuired independently of the marriage, when he had previously agreed that he should not be entitled to this. Furthermore, the fact that the agreement was binding under German law was relevant.

The call for pre-nuptial agreements is particularly prevalent where the parties have amassed significant assets prior to the marriage, or have children from an earlier marriage who they wish to protect. Increasingly people wish to retain control over their financial circumstances and not leave them in the hands of the Court. The Law Commission is undertaking a review of the law in this field and a response is anticipated in 2012.

For a fuller report on the Supreme Court's decision, please see here.

In the meantime, it remains of primary importance to ensure that pre-nuptial agreements are expertly negotiated and drafted. For further information please contact a member of the Family Team at BLB Solicitors.

The majority of drivers find complying with the speed limit a tall order.

2010-10-15T05:46:00.000-07:00

According to the Institute of Advanced Motorists (IAM), while most drivers do want to comply with the speed limits, they are not always able to do so.

Of the 3,000 motorists polled, nearly 90% said they aimed to comply with the speed restrictions imposed on roads around the UK. However, just 40% of those asked thought that doing this was an easy or achievable task.

Neil Greig, IAM director of policy and research, said: "It's good to know most people want to stay within the law when it comes to speeding, but too many seem to find it challenging. The results suggest that people are aware of the limit and don't want to break it, but temptation and pressure from other traffic may push them to go faster."

57% of respondents admitted to speeding and said the most common reason for failing to abide by speed limits was thinking the imposed speed limit was too low. When asked on what type of road they would be most likely to speed, 58% said motorways, 20% said rural roads, 4% said in towns, and 18% said they would not speed at all, regardless of the road.

Drivers said the best way to get them to slow down was a police presence, with safety cameras only deterring 10% of those polled. More worryingly, the poll revealed that 7% of motorists "don't even think" about whether they are breaking the speed limit.

BLB Solicitors are specialists in representing clients requiring legal assistance for all types of driving offences. Please contact us using the contact form for a free, sympathetic and friendly discussion of your case.

Sister wins legal battle with brother over mother's will

2010-10-08T02:44:00.000-07:00

In a recent case reported in the Daily Telegraph, Gabriella Singellos and her younger brother Christopher had been involved in a bitter protracted legal dispute since their parents died within a few months of each other in 2008. Mr Singellos contested his mother's will, changed shortly before his mother died, claiming that his sister had used undue influence over their mother. He claimed the new will favoured his sister and cut out his adopted son, George. However, the High Court ruled that the mother, Smaragda Singellos, knew what she was doing when she updated the will, and it was ordered that the new version should stand.

The court heard that Mr Singellos had been estranged from his father, mother and sister for more than 20 years, since his marriage to Iphigenia in 1987. Mr Singellos said his parents drew up an initial will in 1986, dividing everything equally between him and his sister. Relations soured the following year, when he married Iphigenia, the court was told. Christopher told the court that his parents had “suggested that Iphigenia was after the Singellos family's money” and were “egged on” by his resentful sister.

In Mrs Singellos's second will, a portfolio of seven properties in London, worth an estimated £4.5 million, was split between her daughter, her 2 grand-daughters and her son.

His sister argued that her mother knew what she was doing, and that her parents had been particularly upset when Christopher adopted his son in 2004 without telling them.

Deputy judge Andrew Simmonds, QC ruled that although Smaragda Singellos had only a few weeks to live when she changed the will, she was perfectly aware of her actions. He said Christopher and his wife “had so completely convinced themselves that Gabriella was up to no good” that they could not accept compelling evidence which did not support their case". The judge was persuaded that Mrs Singellos knew what she was doing as she had made some provision for her son in the new will.

As can be seen, challenging any will can be a costly and time-consuming business, and success cannot be guaranteed, although such action is becoming more commonplace. It is thought that this is partly due to the rising number of people who draft their own wills, rather than consulting a legal expert. Without proper legal advice many people make elementary mistakes, which may mean the will is more likely to be challenged by other potential beneficiaries at a later date.

BLB Solicitors specialise in drawing up wills, inheritance disputes, disputed wills and all kinds of contentious probate cases. Our experienced private client team can offer a sympathetic, friendly assessment of your case. Please contact us using the contact form.

Solicitor warns of inadequate legal representation for chronic pain victims

2010-10-01T02:34:00.000-07:00

Personal Injury Solicitor, Richard Lowes, a Partner at the Bath office of BLB Solicitors, has warned that many accident victims suffering from chronic pain conditions are not receiving adequate legal representation and that this is leading to many accident victims being grossly under-compensated.

“Many people find themselves represented by a law firm who are effectively appointed for them by an insurance company or a claims company”, he said. “Many of these law firms are little more than call centre operations, staffed mainly by people with no formal legal qualifications and little experience.”

Mr Lowes says that these on-screen claims handlers very often fail to recognise the importance of the warning flags when clients report unusual symptoms.

“The emphasis seems all about achieving a speedy settlement”, he said, “whether or not it adequately compensates their client. Success in a chronic pain case is entirely dependent upon the medical evidence. However, they instruct inadequately qualified medical experts - often GP’s - through third party medical agencies. Even when they do instruct consultants, they are very often in the wrong medical specialism, given the symptoms complained of".

“I was recently instructed by a gentleman who had been involved in a road traffic accident two years ago. Unrelated to his claim, his GP had referred him to a consultant in pain management, who had diagnosed Complex Regional Pain Syndrome. Despite that diagnosis, his former solicitors proceeded to instruct a consultant orthopaedic surgeon.”

Mr Lowes says that there is also a fear of challenging medical opinion. “Quite simply, if a medical opinion does not sound right, the solicitor should be asking questions. Either write to the medical expert, or as I tend to do, pick up the phone and speak to them. These people aren’t infallible; they often make mistakes, usually quite innocently, due to wrong assumptions, poor communication or a failure to properly review the medical records.”

If you would like BLB Solicitors to review your claim, please contact us using the contact form. The review is totally free, will be strictly confidential and there will be absolutely no obligation or pressure upon you to formally instruct us following the review.

Senior Judge warns against using children as ammunition in divorce

2010-09-24T06:17:00.000-07:00

The President of the Family Division of the High Court said in a recent speech that separating couples are often “fighting the battles” of their relationship using their children as “both the battlefield and the ammunition”.

Sir Nicholas Wall was speaking to the charity Families Need Fathers, which supports divorced and separated parents.

He said "People think that post-separation parenting is easy. In fact it is exceedingly difficult, and as a rule of thumb my experience is that the more intelligent the parent, the more intractable the dispute". He also said that he wanted the family justice system to become “less adversarial” although he admitted this would be difficult, particularly as separating parents “rarely behave reasonably”, but he made it clear that he believes that it is important for both parents to play an equal role in their children's lives.

Sir Nicholas also said: “There is nothing worse, for most children, than for their parents to denigrate each other. If a child’s mother makes it clear to the child that his or her father is worthless – and vice versa – the child’s sense of self-worth can be irredeemably damaged. Parents simply do not realise the damage they do to their children by the battles they wage over them".

Figures from the Office for National Statistics show the number of divorces in England and Wales fell to 121,779 in 2008, the lowest number since 1975 when there were 120,522 divorces. However, half of couples divorcing had at least one child under the age of 16.

BLB Solicitors has a team of family lawyers who are able to provide specialist advice on all aspects of this sensitive area of law. Our legal experts are members of Resolution and we have two Collaborative Family Lawyers who are specially trained in out-of court negotiations. For further information on this and any other family or matrimonial matter please contact us using the contact form.

Record £13.75 million compensation payout to injured cyclist

2010-09-17T06:11:00.000-07:00

A former Commonwealth Games cyclist whose career was destroyed when he was hit by a car has been awarded almost £14million in Britain’s biggest ever compensation payout. Manny Helmot, 39, lost the use of his right arm, was left partially blind and suffered terrible brain injuries after he was knocked off his bike during a training ride in 1998. Mr Helmot, who represented Guernsey at the Commonwealth Games in Kuala Lumpur, spent a total of 36 weeks in hospital.

The injuries to his brain were so severe that he will never be able to work, drive or ride a bike again. His mother Rose was forced to give up work to look after her son full time and has had to convert her home in Guernsey, the Channel Islands, to meet his special needs as he requires round the clock care.

The family sued the driver's insurance company, and were awarded £9million in January but decided to appeal and this week Mr Helmot was awarded Britain’s largest ever injury compensation, £13.75million, at Guernsey’s Court of Appeal.

The award eclipses Britain’s previous record personal injury claim of £11.5million, made in March 2010 to Wasim Mohammed from Walsall, after he was paralysed in a car crash.

With four regional offices (Trowbridge, Bath, Bradford on Avon and Swindon) and a dedicated legal personal injury team, BLB Solicitors can provide you with a friendly, understanding evaluation of your personal injury case. For more information, get in touch using our contact form.

House price statistics

2010-09-10T02:16:00.000-07:00

The Halifax has recently released figures that show that house prices rose slightly by 0.2% during August. This latest increase follows one of 0.7% in July and reverses most of the drops seen during the previous three months, leaving house prices at a similar level to the end of last year, the Halifax said. It added that it expected house prices to end the year at around the same level as they began it.

However these figures contrast with statistics reported by Nationwide last week, which showed that house prices had fallen by 0.9% during August, following a drop of 0.5% in July. This drop was backed up by data from the Bank of England, which showed that only 48,722 mortgages were approved for house purchase during July, a level that economists generally consider to be consistent with house price falls.

Of course, the Halifax and Nationwide statistics are not the only ones available to consumers. The Government itself produces 2 indices, one published by the Land Registry and one by the Communities and Local Government department. You can also take your pick from the Royal Institution of Chartered Surveyors, property website Rightmove and information group Hometrack. Invariably these will all tell a different story.

So why the difference in the statistics? The difference could be explained by the fact that figures produced by lenders such as Halifax and Nationwide generally do not include unmortgaged properties, which make up a substantial and growing proportion of sales as the UK population ages and pensioners scale down the size of their property. In addition, Nationwide regularly produces figures which can vary significantly from Halifax’s findings because the Nationwide has a greater presence proportionately in London and the south east of England.

The difference in statistics has now caught the eye of the Government who have asked the Office for National Statistics (ONS) to launch a review of official house price indices, after concerns were raised about whether having so many sources of housing statistics is actually more confusing for consumers. The Government rightly feels that there is a need for consistent and reliable statistics in a sector where confidence is an important factor. The ONS will review the two government-produced indices first, and is scheduled to report back its findings before the end of this year. The ONS review will then turn its attention to the other indices.

If you are considering buying or selling a property, then let BLB Solicitors help you. We have a large, well-established conveyancing department, whose goal is to provide a fast, efficient and cost-effective service. For a free, no-obligation chat, please contact us using the contact form

Tips on preparing a will

2010-09-03T06:45:00.000-07:00

The number of disputed wills has trebled over the last few years. With people’s estates generally worth more now, mainly due to the relative increase in property values, and with a rising divorce rate causing more complex family structures, it is certainly becoming more financially worthwhile to contest a will in court. If you want to try to ensure your will is not contested, here are some simple tips which may help:-

Think carefully before preparing your own will. It is always best to seek professional advice, to ensure there are no errors which could invalidate the will, and to check the Inheritance Tax (IHT) position. A straightforward will drawn up by one of our lawyers costs approximately £100 + VAT or £150 + VAT for “mirror” wills.

Prepare your will

Work out the value of your estate. Remember this may include property, jewellery, heirlooms and other items. Decide who you wish the beneficiaries to be. If you wish to leave differing amounts of money, or leave people out of your will entirely, then you can write what is called an Inheritance Act Statement or Declaration alongside your will. This statement, typically written at the same time as your will, would set out your reasoning for writing your will as you have. It is a legally recognised document which would be taken into account if the will were contested, although it is not legally binding on the court.

It may also be beneficial to tell family members and others mentioned in the will of your wishes and explain your reasoning. Bear in mind, the cost of any court action is met by the estate, thereby reducing the amount available to the beneficiaries.

Think about who you wish to appoint as executors. It is best to ask whether they are prepared to undertake this, and also if they understand exactly what is involved, as it is a responsible and demanding role.

If you have children under the age of 18, it is essential that you appoint responsible guardians, and also ensure that there will be sufficient funds set aside for their upbringing. With unmarried parents, it is important to remember that the natural father does not automatically have the legal right to look after his own child in the event of the mother's death.

Make sure you sign and date your will in front of 2 independent witnesses. Remember, a witness cannot be anyone mentioned in the will, or married to anyone mentioned in the will. Wills can be challenged if the will is not witnessed correctly.

Wills should be reviewed every 5 years or so, or whenever your circumstances change, such as marriage, having children or divorce.

Although no will can be totally watertight as the Courts have power to vary them under the 1975 Inheritance (Provisions for Family and Dependants) Act, following these few simple tips should help to ensure your wishes are complied with.

BLB Solicitors are a well established regional firm with a simple goal; to give the client clear practical advice. For further information on having a will drawn up please contact us using the contact form.

Ministry of Defence pays six figure compensation to former soldier suffering post-traumatic stress disorder

2010-08-27T06:10:00.000-07:00

The Ministry of Defence (MoD) has agreed to pay a six-figure sum in personal injury compensation, following a case which could open the floodgates for more post-traumatic stress disorder (PTSD) claims.

A former bomb disposal expert from Oxfordshire, who cannot be named for legal reasons, had been left struggling after witnessing conflict in the Gulf war, Northern Ireland, Bosnia, Nigeria and Sierra Leone. He began to feel particularly ill in 1998, and underwent psychometric testing by an army psychiatrist, but was cleared for service on future operations. Despite this, he continued to feel mentally unwell and eventually went to see a civilian psychologist in June 2004, whereupon he was diagnosed with PTSD. Two weeks later, the soldier suffered a breakdown and was involved in a car accident. He had to be medically discharged by the MoD, after 20 years of service.

Medical evidence showed that he would not have suffered such a serious deterioration had he been treated when the initial tests were carried out, said his lawyers, and as a result he decided to take legal action for a failure to properly diagnose and treat PTSD.

The MoD initially argued that the claim for personal injury compensation was outside the time limit of three years, but, after 4 years of legal wrangling, it has now agreed to a six-figure out-of-court settlement, with liability split 40% to the MoD and 60% to the insurers covering the car accident, his legal team said.

A MoD spokesman said: "When compensation claims are received they are considered on the basis of whether or not the Ministry of Defence has a legal liability to pay compensation. Where there is a proven legal liability, compensation is paid. Following a meeting on 28 July 2010 between the parties involved in the claim, a negotiated settlement was agreed to the satisfaction of all concerned."

With four regional offices (Bath, Trowbridge, Bradford on Avon & Swindon) and a dedicated legal Personal Injury team, BLB Solicitors are able to provide you with personal injury solutions. Please contact us using the contact form

Scrap petty laws and save £11 million

2010-08-25T06:22:00.000-07:00

A huge amount of new offences created since 1997 risk criminalising millions of people and businesses, and are out of proportion with the activities they aim to stop, according to the Law Commission. The body, which advises the Government on law reform, said civil penalties such as fines should be used instead, and called for an end to Government agencies having the power to create new offences, which are not even subject to Parliamentary scrutiny.

Save money

Since 1997 more than 3,000 criminal offences have been created, most of which are rarely used. According to the Law Commission, one in ten prosecutions in the magistrates courts relate to breaches of regulation, which include offences such as the unlawful offering of a goldfish as a prize to a person under 16, falsely branding an adult sheep as a lamb and failing to comply with a request from a sea fisheries officer to have your fish weighed, if you are the captain of a ship.

In a consultation document, the Law Commission said criminal sanctions should only be used to tackle serious wrongdoing and, by using civil penalties instead, £11 million could be saved, by reducing the financial burden on the criminal justice system.

Professor Jeremy Horder, the Law Commissioner said: "Relying on the criminal law to deter and punish risky behaviour in regulatory contexts may be an expensive, uncertain and ineffective strategy. Civil penalties are quicker and cheaper to enforce but they are not a soft option. People who breach regulations will often discover that civil fines can be higher than the penalties imposed by the courts."

The Commission noted the fact that while Halsbury's Statutes of England & Wales uses 1,382 pages to list the laws created between 1351 and 1988, it uses almost three times as many, 3,746 to cover the laws created in the 19 years between 1989 and 2008.

A Ministry of Justice spokeswoman said: "The Government is committed to preserving individual freedoms, and reducing the number of unnecessary criminal offences is an important step toward achieving this. We recently conducted a wide-ranging consultation, Your Freedom, which sought people's ideas on which current laws should be repealed. "We welcome this consultation by the Law Commission and will examine the outcome with interest."

BLB Solicitors is an established, leading regional law firm serving Bath, Trowbridge, Swindon, Bradford on Avon and the surrounding areas. For business and private clients, our goal is simple: to provide a high quality service delivering clear, practical advice and cost effective solutions. For further information please contact us using the contact form.

Deaths from drink related road traffic accidents have fallen to a record low in the UK

2010-08-18T06:07:00.000-07:00

Provisional statistics published by the Department for Transport, show fatalities fell by 5% to 380 in 2009, down from 400 in 2008. This is the first time drink-driving fatalities have fallen below 400 a year.

Seriously injured casualties fell by 9% from 1,620 in 2008 to 1,480 in 2009. The news has been welcomed by RoSPA, the Royal Society for the Prevention of Accidents. RoSPA Head of Road Safety Kevin Clinton says: “This reduction in casualty figures is very encouraging and we are pleased that the message that driving while under the influence of alcohol is dangerous and irresponsible seems to be getting through. However, there is still much more work to be done"

The reduction in drink driving deaths is partly being seen as a result of increased awareness campaigns in recent years. However, RoSPA is still concerned about the increasing levels of drug-driving and has welcomed news that the Government has given the go-ahead for trialling new drug testing equipment over the next two years.

A more comprehensive analysis of drinking and driving statistics in the UK will be published on 23 September 2010 in the Reported Road Casualties Great Britain: 2009 document.

BLB Solicitors are specialists in representing clients requiring legal assistance for all types of driving offences. Please contact us using the contact form for a free, sympathetic and friendly discussion of your case.

UK mortgage lending increases in June

2010-08-13T01:35:00.000-07:00

According to the Council Of Mortgage Lenders (CML), mortgage lending for house purchases increased significantly in June this year. The number of first-time buyers also rose. Loans to first-time buyers climbed 20% from the May figures to 19,400. There were 52,000 loans advanced (worth £7.6 billion), up 19% in volume (23% in value) from May 2010 and up 14% in volume (27% in value) from June 2009. This is now the twelfth consecutive month in which lending has been higher than its previous year levels.

The CML said activity was "still on an upward trajectory" and described the rise in June as "significant", however the lenders' organisation warned it was still cautious about the prospects for the coming months. It warns of "strong headwinds" ahead for the housing market.

If you are considering buying or selling a property, then let BLB Solicitors help you. we have a large, well-established conveyancing department, whose goal is to provide a fast, efficient and cost-effective service. For a free, no-obligation chat, please contact us using the contact form.

Landmark divorce ruling relating to hidden assets

2010-08-06T03:20:00.000-07:00

In a landmark ruling that could affect high-profile divorce cases in the UK, a judge has ruled that it is unlawful for spouses to secretly obtain documents to try to prove the existence of hidden assets.

Previously, when such information was found, it was permissible for the incriminating documents to be used in court, under a protection commonly known as the the Hildebrand rules, a set of principles peculiar to family law proceedings.

However, during the divorce proceedings between Vivian Imerman and his wife Lisa, who separated in 2008, Lord Neuberger said that this use of secretly obtained documents is effectively a breach of confidentiality and ruled that the documents are not to be used in the case, at least for the time being.

Ms Imerman is attempting to claim more than £100 million from her estranged spouse, who had stakes in the Del Monte fruit empire. Her brothers, Robert and Victor Tchenguiz, fearing that Mr Imerman would seek to conceal his assets in the forthcoming divorce, copied (with the help of the other defendants) between 250,000 and 2.5m pages of documents stored on the server in an office they had previously shared. The files were handed over to their lawyer (also a defendant) who passed them on to Mrs Imerman's lawyer.

Although family law solicitors have expressed concern that the landmark decision could result in wealthy divorcees defeating their spouse's claims, forensic accountant Jeffrey Nedas told the Financial Times there are ways to ensure that disclosure takes place, provided solicitors and other professionals seek documents correctly, using warrants. "People may try to hide their wealth, but there is always a trail an experienced accountant can follow," he commented.

Spouses in divorce proceedings have a duty of full and frank disclosure of all material information, and therefore this ruling is in no way intended to enable a person to avoid his or her liability on divorce by hiding their assets. Whilst the Court will not endorse the "self-help" method of obtaining documentary evidence, if a person believes that their spouse if going to try to conceal assets there are various legal remedies available to them.

BLB Solicitors has a team of family lawyers who are able to provide specialist advice on all aspects of this sensitive area of law. Our legal experts are members of Resolution and we have two Collaborative Family Lawyers who are specially trained in out-of court negotiations. For further information on this and any other family or matrimonial matter please contact us using the contact form.

HSE figures show fatal injury increase in agricultural sector

2010-07-30T07:44:00.000-07:00

The number of fatal personal injury cases in the agricultural sector has increased again following a decrease last year, according to the Health and Safety Executive (HSE). There were 38 deaths in the farming industry between April 1st 2009 and March 31st 2010, a rise from the 25 deaths recorded in 2008-2009.

With a rate of 8.2 deaths per 100,000 employees, this makes agriculture the most dangerous sector to work in.

The main causes of death to workers continue to be:

transport (being run over or vehicle overturns) - 24% .
falling from a height (through fragile roofs, trees etc) - 17%.
struck by moving or falling objects (bales, trees etc) - 15%.
asphyxiation / drowning - 10%
livestock related fatalities - 10%
contact with machinery - 8%
trapped by something collapsing or overturning - 7%
contact with electricity - 5%

"It is time for British agriculture industry to wake up to the enormous toll of death and injury which occurs year on year," HSE chair Judith Hackitt commented.

Personal Injury Solutions is the specialist Personal Injury Department of BLB Solicitors. Our specialist solicitors can help if you are unhappy with your current solicitor or if you want to talk through a new personal injury compensation claim.

With four regional offices (Bath, Trowbridge, Bradford on Avon & Swindon) and a dedicated legal Personal Injury team, we are able to provide you with personal injury solutions. Please contact us using the contact form

Another council cuts spending on speed cameras

2010-07-28T05:08:00.000-07:00

There has been a mixed reaction to the news that Oxfordshire County Council has decided to end funding for speed cameras, resulting in the 72 fixed cameras and 89 speed camera vans across the county being switched off this coming weekend.

Now a number of other local authorities are saying they are likely to follow suit, in view of the Government's announcement that it would be cutting by 40% road safety budgets given to English and Welsh local authorities.

Road Safety Organisations are saying that they fear an increase in road accidents and casualties as a results of the cuts in Oxfordshire and they say they have the statistics to back up this claim. Figures taken from the three years before each camera was put in place compared with the most recent three years show a 38% drop in vehicle collisions at the 212 fixed camera sites across the Thames Valley region.

Swindon Borough Council however would disagree. They switched off all their fixed speed cameras a year ago and in the first six months after the cameras were switched off accident numbers "remained the same". Of course this is too short a period of time to draw any meaningful conclusions but it has to be said that the figures have certainly not rocketed as some were predicting.

BLB Solicitors are specialists in representing clients requiring legal assistance for all types of driving offences. Please contact us using the contact form for a free, sympathetic and friendly discussion of your case

Family receive compensation after death while cycling

2010-07-22T02:03:00.000-07:00

The High Court has ruled that the family of a man struck down and killed in 2007 will receive £362,500 in total accident compensation.

Ninian Donald, aged 33, had been cycling home from work when he was crushed underneath a skip lorry in May 2007. Mr Donald was dragged under the wheels of the lorry which had failed to notice him as the lorry turned left, passing through both a bus and cycle lane. Donald, a set builder by trade, was fatally injured in the accident, leaving his partner, Kate Evenden and a 19 month old daughter, Rosie.

An initial inquest into Mr Donald’s death had concluded that Mr Donald was at least partially at fault. CCTV footage revealed that Mr Donald had mounted the pavement just before the accident to move round a bus.

Even in the light of the inquest verdict, Mr Donald’s family decided to take a compensation claim to court. The solicitors acting for the family proved that the lorry's wing mirror was not correctly aligned and therefore the lorry had an obscured view of other road-users. The family's solicitors however did accept some responsibility on behalf of Mr Donald for his part in the accident.

The Court decided that both parties shared the responsibility for the accident. The lorry and its driver were found to be 75% at fault, with Mr Donald the remaining 25%. Damages amounting to £362,500 in total were awarded, with £337,500 going to Ms Evenden and the remaining £25,000 to Rosie, his daughter, when she reaches the age of eighteen.

Personal Injury Solutions is the specialist Personal Injury Department of BLB Solicitors. Our specialist solicitors can help if you are unhappy with your current solicitor or if you want to talk through a new personal injury compensation claim.

With four regional offices (Bath, Trowbridge, Bradford on Avon & Swindon) and a dedicated legal Personal Injury team, we are able to provide you with personal injury solutions. Please contact us using the contact form

Peter Sellers tried to change his Will before he died

2010-07-16T06:01:00.000-07:00

A document has recently come to light which shows that actor and comedian Peter Sellers tried to change his Will hours before he died. The document, which is due to be auctioned this weekend, reveals that Sellers wanted his daughter Victoria to inherit £20,000 when she reached the age of 21. However, the document which was signed on the day he died, was never filed. It meant that Victoria, his daughter by his second wife Britt Eckland, inherited just £800, which was the same amount left to her siblings, Michael and Sarah. The bulk of Sellers £5 million fortune went to his fourth wife Lynne Frederick, whom Sellers was in the process of divorcing.

Sellers had reportedly become estranged from his 3 children after marrying English actress Frederick in 1977, but after Sellers and Frederick separated in 1980 it was said that he was trying to reconcile with his children.

Lynne Frederick died in 1994 and the Sellers estate, including properties and film rights is now in the hands of Frederick’s daughter Cassie Unger, who was born four years after the actor's death.

BLB Solicitors is a well established regional law firm and our experienced private client team can guide you through the process of making a will. Making a will is a simple and straightforward process that ensures your assets go to those you wish to inherit rather than passing in accordance with Statutory Rules. You should particularly consider making a will, or updating an existing one, when marrying, divorcing, when children are born or when buying a house. For further information please contact us using the contact form.

New powers to stop parents dodging child maintenance arrears

2010-07-13T04:25:00.000-07:00

A father who owes more than £78,000 in child maintenance has been prevented from selling his luxury house by a High Court order. This is the first case of its kind involving new powers which came into effect in April to stop parents trying to dodge financial responsibilities. The man, who cannot be named for legal reasons, had paid nothing to his former partner for almost 12 years and had not responded to letters or phone calls from the Child Support Agency, which is now part of the Child Maintenance and Enforcement Commission, who sought the order.

The Commission has several other similar cases pending, some of which may result in it asking the courts to nullify or reverse the sale or transfer of property. These “setting aside” orders are intended to halt the practice of putting valuable assets in to the names of new partners or relatives to evade maintenance responsibilities. The Commission said that these legal proceedings are proving very effective at persuading parents to settle their arrears. More than £2 million in arrears has been recovered so far but fewer than 15 properties have been taken into possession and sold.

Dame Janet Paraskeva, chairwoman of the Commission, said: “This case sends a clear message to all parents who have run up substantial maintenance arrears.... step by step the Commission is closing the escape routes for parents who think they can cheat their children out of money from which they are entitled to benefit".

James Pirrie, chairman of the child maintenance committee of Resolution, the family lawyers’ association, which has campaigned for better enforcement of child maintenance laws, welcomed the new measures. Mr Pirrie said: “The sooner people realise that payment of their child maintenance obligations is non-negotiable the better.”

Compensation for teenager who had common childhood illness misdiagnosed

2010-07-09T06:34:00.000-07:00

A teenage girl who suffered devastating injuries when a childhood illness was misdiagnosed has won a substantial claim for serious personal injury.

Rebecca Gransbury was 23 months old when the devastating injuries occurred. It started when she developed a bacterial infection linked to chickenpox. In June 1996 her mother took her to see Dr Peter Rose who, instead of admitting her to hospital sent her home. Once home, Rebecca suffered a convulsive fit, which tragically left her paralysed with permanent brain damage.

After the fit she was rushed to Queen’s Medical Centre, Nottingham for emergency treatment. However, staff there failed to diagnose and treat her condition correctly. Rebecca developed septicaemia which left her with spinal cord damage.

Rebecca made a claim for compensation for her injuries from Dr Rose and Queen’s Medical Centre, claiming they were both negligent in her care. They both accepted part responsibility and a settlement was confirmed this week at London’s High Court. Mrs Justice Davies said she hoped the payout will give Rebecca and her family a better quality of life. Although the exact figure of compensation has not been released, it is expected to be a substantial amount due to the severity of Rebecca's injuries. It will also include annual payments to cover the costs of Rebecca’s extensive care needs.

Personal Injury Solutions is the specialist Personal Injury Department of BLB Solicitors. Our specialist solicitors can help if you are unhappy with your current solicitor or if you want to talk through a new personal injury compensation claim.

With four regional offices (Bath, Trowbridge, Bradford on Avon & Swindon) and a dedicated legal Personal Injury team, we are able to provide you with personal injury solutions. Please contact us using the contact form.

House price inflation falls

2010-07-07T06:21:00.000-07:00

The annual rate of house price inflation fell from 9.8% to 8.7% in June, and the rate of inflation is expected to "drift lower", according to the Nationwide Building Society. Although the price of a typical UK property increased by 0.1% in June compared to the previous month, the rate of increase had slowed from 0.5% in the previous month.

The government's decision to introduce an immediate increase in capital gains tax (from 18% to 28%), rather than deferring the increase, helped to prevent a short-term distortion in the market caused by large numbers of property investors selling to avoid the tax rise. A large quantity of properties being put on the market at the same time would obviously have driven prices down much more drastically.

The reduced inflation rate reported by Nationwide is in line with other statistics published recently. The Bank of England said the number of mortgages approved for house purchases remained broadly unchanged during May, while the Land Registry reported a 0.2% drop in house prices in England and Wales in May, the first monthly fall since April 2009.

Most economists believe that the housing market will slow down in the second half of the year as the economy struggles to recover after the recession and as the government tries to tackle the large budget deficit.

If you are considering buying or selling a property then let BLB Solicitors help you. We have a large, well-established conveyancing department, whose goal is to remove the stress involved in house buying and selling by providing a fast, efficient and friendly service. For a free, no-obligation chat please contact us using the contact form.

Court awards schoolboy £3.5m after being hit by car driven within the speed limit

2010-07-02T05:22:00.000-07:00

A schoolboy has been awarded £3.55m in damages by the High Court after being hit by a car driven within the 30mph speed limit.

Jamie Webb was seven years old when he was knocked down outside his home in West London, in August 1995 after returning from a family fishing trip. The driver, Richard Darbon, hit Jamie after he ran into the road on his way to show his fishing catch to his friends. The family's solicitor, Tom Cook, said that at the time of the accident Mr Darbon was driving at about 30mph in an area with a 30mph limit.

Mr Cook said: "The speed limit was 30mph and there had been a 'kill your speed' campaign locally because there had been a couple of previous accidents involving children. Most of the residents of the estate thought a reasonable speed was 15mph to 20mph."

The High Court in London was told that the driver had been warned several times by local residents to be more careful when driving through the estate. Jamie suffered "the most devastating of injuries" when he was hit by the car. His left arm and leg are now useless, and although his right arm and leg are serviceable he now faces life in a wheelchair.

Mr Justice Popplewell, who gave his approval to the settlement figure, said: "So far as there can ever be a satisfactory end to this disaster this is it."

The driver's insurers agreed that because the road was narrow, with cars parked on either side, its client had been negligent.

This case and its multi-million pound settlement has implications for the debate on what constitutes a "safe" driving limit in a built-up area.

Personal Injury Solutions is the specialist Personal Injury Department of BLB Solicitors. Our specialist solicitors can help if you are unhappy with your current solicitor or if you want to talk through a new personal injury compensation claim.

With four regional offices (Bath, Trowbridge, Bradford on Avon & Swindon) and a dedicated legal Personal Injury team, we are able to provide you with personal injury solutions. Please contact us using the contact form.

Woman convicted of forging codicils to mother's will

2010-06-30T05:59:00.000-07:00

A woman who tried to cheat her brother out of his share of their mother's £300,000 estate was convicted of forgery by a High Court judge yesterday. In Mrs Vera Gale's will dated January 1994, her daughter Miss Janice Gale was left jewellery but Mrs Gale's home and estate were due to be split evenly between Janice and her brother David.

But in codicils to the will Mrs Gale apparently changed her mind and in March 2002 Mrs Gale allegedly wrote: 'I wish my daughter to keep the house and everything in the house, and any remaining savings to be divided between my daughter and son, Janice and David. I am worried for my daughter's future as she is unmarried and growing older and I wish her to feel safe here.'

When Mrs Gale died aged 87 in May 2007, Miss Gale had already moved into the family home in Southend-on-Sea, Essex.

The judge said that Miss Gale's brother had done his best to settle the case by offering to allow Janice to stay rent-free in the property until she died, but Miss Gale had chosen to fight on , representing herself, and continuing to insist the codicils were genuine.

In ruling against her and in favour of the original will, the judge said the codicils were either fraudulently signed or were signed by the late Mrs Gale when she was suffering from Alzheimers in the last years of her life, and backdated. If the latter was the case, he decided, Mrs Gale did not have the required testamentary capacity for the codicils to be valid. He said he found Miss Gale's evidence about the codicils 'difficult to believe'.

The judge ordered Miss Gale to pay 80% of her brother's £80,000 legal costs and refused her permission to appeal.

BLB Solicitors specialise in inheritance disputes, disputed wills and all kinds of contentious probate cases. Our experienced private client team can offer a sympathetic, friendly assessment of your case. Please contact us using the contact form.

Chronic Fatigue Syndrome Insurance Claim

2010-06-23T02:45:00.000-07:00

Mr H had been employed as an IT manager for 9 years. Although he had previously been in good health, he started to develop a flu like illness. He felt tired, achey, and generally unwell. As time went by, his symptoms failed to improve significantly and he started to develop other symptoms including headaches, dizziness, disturbed sleep and poor concentration, memory and co-ordination. He was signed off by his doctor as being unfit for work. His doctor referred him to a specialist who diagnosed chronic fatigue syndrome.

Flu like symptoms

Through his employer, Mr H had the benefit of a permanent health insurance policy that would pay two thirds of his salary and maintain his pension contributions were he to become unable to “undertake work of the type to which he was, on the basis of education, training and experience, suited”. The insurers turned down his claim.

At that point Mr H instructed BLB Solicitors. Medical evidence was obtained from a consultant rheumatologist with a special interest in Chronic Fatigue Syndrome. The diagnosis of Chronic Fatigue Syndrome was confirmed and the consultant assessed its severity to be such as to prevent him from undertaking employment within the definition provided in the policy.

The insurance company did not accept the rheumatologist’s opinion and obtained a report from another consultant rheumatologist. Although confirming the diagnosis of Chronic Fatigue Syndrome, the insurance company’s rheumatologist disagreed with the Claimant’s rheumatologist as to the severity of the condition and its affect upon his ability to work.

However the two consultant rheumatologists were then requested to have a joint discussion for the purpose of preparing a joint statement setting out areas of agreement and disagreement between them. As a result of that discussion, the rheumatologist instructed by the insurance company altered his opinion and agreed with the Claimant’s rheumatologist.

Following that joint discussion, the insurance company agreed to pay the Claimant’s claim.

BLB Solicitors have expertise in accident and illness insurance claims. If your claim is for over £5,000, please contact us using the contact form. Our Policy Claims team will be happy to review your claim at no cost to you, and provide you with solutions.

Government considering lowering drink-drive limits

2010-06-18T02:18:00.000-07:00

A recent report by Sir Peter North, an academic and legal expert, calls for the legal drink-drive limit to be reduced from the current 80mg of alcohol per 100 ml of blood, to 50mg of alcohol. This new limit, which is the equivalent to a pint of beer, would bring the UK into line with many European countries. The Government is considering the report although it is understood that the Transport Secretary, Philip Hammond, has reservations about lowering the limit, as he believes it would not deter the worst offenders and would further damage the UK's ailing pub industry.

In 2008 around 430 people were killed on Britain’s roads in accidents involving illegal alcohol levels. Sir Peter's report claims that as many as 168 lives could be saved in the first year of a reduced limit, rising to as many as 303 lives saved in the sixth year.

The report also contains recommendations on how to tackle those who drive whilst intoxicated by drugs. It recommends allowing nurses as well as doctors to authorise blood tests on those suspected of the offence, and recommends approval of road-side saliva tests that would make it easier to assess whether suspects’ driving is impaired by drug use.

BLB Solicitors are specialists in representing clients requiring legal assistance for all types of driving offences. Please contact us using the contact form for a free, sympathetic and friendly discussion of your case.

Reflex Sympathetic Dystrophy (RSD) Claim

2010-06-16T03:07:00.000-07:00

Taken from BLB Solicitors' dedicated PI website -

In 2004, Alex suffered a fall at work which resulted in an injury to the tendon of his right (dominant) thumb. He was initially treated conservatively with rest, pain killing and anti-inflammatory medication. However, his symptoms did not improve and he was referred to a specialist hand surgeon by his GP who recommended that he undergo surgery to repair the tendon.

Following surgery, he underwent physiotherapy but within a few weeks of surgery, he started to experience what he described as "excruciating pain" in his right hand and the lower portion of his right arm.

On a follow up visit to the hand surgeon, he was diagnosed with possible Reflex Sympathetic Dystrophy (RSD). He referred Alex for the opinion of a specialist in pain management.

By this stage, Alex was suffering fairly constant and high levels of pain, as well as swelling of his hand and hypersensitivity to touch in the affected arm. The specialist in pain management confirmed the diagnosis of RSD (which is otherwise known as Complex Regional Pain Syndrome (CRPS)). He advised him that the only treatment that he could offer him was a series of nerve block injections, but told him that there was no guarantee that this would succeed.

The specialist explained that the nerve block was not in itself curative, but it was hoped that during the time that the block had an effect, the adverse nerve impulses would start to correct themselves and after further nerve blocks the condition may improve or even resolve.

Warned that the procedure could be very painful, he was initially reluctant to undergo the nerve block procedure. However, as his symptoms were not improving he eventually agreed to have the procedure. Unfortunately, after three nerve blocks he had noticed no improvement and the specialist advised that there was little if any more treatment that he could offer.

At the time of the initial accident, Alex had been employed as a Building Inspector. It became clear that he was not going to be able to return to his former employment. In fact, with an effectively unusable dominant right arm, Alex was at a significant disadvantage in the job market.

However, after obtaining specialist medical evidence, as well as input from a consultant in employment and retraining, interim funding was obtained to allow Alex to qualify as a lecturer in further education.

Following retraining, he quickly obtained employment at a local college, although his income was marginally lower than it had been previously. When Alex's claim settled, in addition to the award for the injury itself (known as damages for pain, suffering and loss of amenity) the main heads of damage included past and future loss of earnings, the cost retraining and damages for the ongoing disadvantage that he would face on the job market.

We are BLB Solicitors, a leading regional law firm, with a dedicated legal personal injury team. If you wish to discuss a claim with us, even if you are currently with another firm of solicitors, please contact us using the contact form.

Mortgage Rates at Record Low

2010-06-11T08:35:00.001-07:00

The cost of the most popular mortgage deals fell again last month to the lowest level on record. According to the Bank of England, the average interest rate on a two-year fixed-rate deal for a borrower with a 25% deposit dropped to 3.8% during May, the lowest rate since records began in 1995.

The average rate for a five-year fixed-rate mortgage has fallen to 5.39%, compared to 5.5% in April, the lowest level in 12 months. Rates have been falling since September 2009, and now only a third of economists expect a rate hike in 2010, according to a poll by Reuters last week. However many experts think that while this interest rate drop will benefit the housing market as a whole, it is not seen as beneficial to first time buyers, as many will struggle to raise the required 25% deposit.

Of course while the mortgage rates remain low, there is little for savers to smile about. The Building Societies Association has written to the Government ahead of the emergency budget on June 22nd, highlighting the issues facing savers in the current economic climate.

If you are considering purchasing a property, then BLB Solicitors has an experienced, well-established residential property team, whose goal is to remove the stress involved in house buying and selling by providing a fast, efficient and friendly service. For a free, no-obligation chat please contact us using the contact form.

Daughter loses forged Will claim

2010-06-09T03:35:00.000-07:00

A woman who was left just £1 in her mother's Will has failed in her High Court claim that her sister had forged the will.

Deputy Judge Edward Bartley Jones QC said it was "most unfortunate" that Angela Salmon had made the allegations against her sister, Jacqueline, who looked after their mother for the last 17 years of her life.

If the allegation had been proved, it would have meant that her mother, Mrs Ethel Hayles, would be deemed to have died intestate, and Angela would have been entitled to a seventh of her mother's estate. In the Will, Mrs Hayles had left the bulk of her estate to Jacqueline, and indeed had said that Angela "has had a fair share of my assets", referring to a loan Mrs Hayles had made to Angela, which had never been repaid.

Angela had claimed that the will, drawn up in 2005, had not been made by her mother and that her mother had not known of its existence nor its contents. Angela and her mother had been estranged for many years and the judge found that Jacqueline was "an honest person" and not one who would forge the signature on her mother's Will.

BLB Solicitors specialise in inheritance disputes, disputed wills and all types of contentious probate cases. Our experienced private client team can offer a sympathetic, friendly assessment of your case. Please contact us using the contact form.

Speeding policeman spared punishment due to "special reasons"

2010-06-04T02:16:00.000-07:00

A traffic officer, Christopher Walker, who was issued with a speeding ticket by one of his colleagues, has been let off by magistrates in South Tyneside after pleading guilty to driving at 68mph in a 30mph zone. He was at work when he received a frantic call from his wife, to say that the couple's 5 day old son was seriously ill and she needed him to come home immediately. Their son has been suffering from various complications since his birth, and had severe jaundice and eating problems in his first few days.

On his way home, Mr Walker was stopped by a colleague for exceeding the speed limit. The stretch of road usually has a 70mph speed limit, but this had been temporarily reduced to 30mph as roadworks were being carried out. Mr Walker said there was no one working there at the time, it was late at night, there was no other traffic on the road and it was not a built up area. He also said that he had explained the situation to his colleague but was still delayed and issued with a speeding ticket.

The magistrates decided he should not be punished as "special reasons" applied to the case. Mr Walker's solicitor said that the traffic officer should have told Mr Walker to get in the back of his patrol vehicle and should have activated his blue lights and sirens to get Mr Walker home as soon as possible.

BLB Solicitors are specialists in representing clients requiring legal assistance for driving offences. Road traffic offences and their legal implications can be a minefield and, having a local solicitor to advise you if you are facing a possible driving ban due to a traffic offence, will give you the best chance of achieving the outcome you want.

Please contact us using the contact form for a friendly, sympathetic assessment of your case.

How an increase in capital gains tax may affect the housing market

2010-06-02T06:39:00.000-07:00

Experts predict that the slowly recovering buy-to-let market will be severely affected if the coalition government forges ahead with its plans to increase capital gains tax (CGT). The coalition is considering increasing the level of CGT on the profit from the sale of non-business assets from the current 18% to 40% or even 50%, leaving buy-to-let investors, amongst others, facing the prospect of increased tax bills.

In recent years, many people who had lost faith in the stock market or private pensions instead chose to purchase a buy-to-let property as a means of gaining income in the form of rent. The intention was then to fund their retirement by selling the property. The proposed CGT rate increase has the effect of making would-be and current landlords think twice about buy-to-let. According to a recent study, a quarter of landlords claim they are considering quitting the buy-to-let sector ahead of the proposed changes. The corresponding reduction in available rental properties will in turn result in an increase in rents as demand starts to outstrip supply.

It should also be noted that anyone who moves into a nursing home and who continues to own their former family home can also be liable to pay the tax. Their former home is designated by the taxman as a "second property" after just 3 years of living in care, while the nursing home is deemed the persons "primary residence". If the person then sells the property to pay for their care home fees for instance, then they could be liable for CGT if their family home has increased in value.

There is no doubt that there will be many anxious eyes on Chancellor Osborne on June 22nd as he introduces his emergency budget.

BLB Solicitors is a well-established firm and we pride ourselves on being approachable, friendly and professional with the highest standards of client care. If you are considering a house purchase or sale, please contact us using the form for a free, no-obligation chat.

Starting a business?

2010-05-27T05:50:00.000-07:00

Had a great idea and want to start your own business? Not sure what sort of business vehicle to use? We list below the main options available to you.

Sole Trader - essentially means being self employed and running the business on your own. You would be personally responsible for all the debts of the business and would have unlimited liability. If the business hits hard times then your personal assets, including any property may be exposed and you could go bankrupt.

Partnership - where 2 or more of you agree to form a business together. You are generally free to organise the business as you see fit, but a written partnership agreement is recommended. This may set out the rights and obligations of each party, how key decisions affecting the business are made, how its profits and losses are to be divided between the partners, and what happens if a partner wants to leave the business or another wishes to join. If you do not have a partnership agreement, the Partnership Act (passed in Victorian times) will govern the partnership but certain parts of it can be overridden by an oral agreement between the partners. You will have unlimited liability, your assets remain exposed to any claims and you could become bankrupt if your partners are unable to settle the debts of the business.

Private Limited Company - A limited company is a separate legal entity which may enter into contracts in its own name and can sue and be sued, unlike a partnership. An application must be made to Companies House who will then issue a certificate of incorporation confirming that the company is created at which point the company may trade. Shareholders have limited liability. As a shareholder, your liability is limited to paying the price that you agreed to pay for your shares. As a director, you would generally not be personally liable unless you are involved in wrongful or fraudulent trading, acting outside the scope of your authority when acting on the company's behalf or in breach of your duty of care to the company. You will need to file accounts, Memorandum and Articles of Association at Companies House, as well as up to date information relating to directors and shareholders.

Limited Liability Partnership (LLP) - Instead of a partnership or a company you could consider setting up an LLP which is a hybrid of the two. This is aimed at professional firms such as architects, accountants and solicitors. It is however attractive to anyone seeking limited liability and favouring a more flexible arrangement under a partnership.

If you would like to find out more about any of the issues raised, or are interested in setting up a business generally, please contact Frank Scott-Ashe, a partner at BLB Solicitors using the contact form.

BLB Solicitors to offer free initial family law consultations at their Bradford on Avon office

2010-05-26T00:43:00.000-07:00

BLB Solicitors is pleased to announce that we will be providing free initial family and matrimonial law consultations at our offices in Church Street, Bradford on Avon, Wiltshire. This is in addition to the free initial consultations already offered at our offices in Trowbridge, Swindon and Bath.

Barbara Taylor, who has some 30 years experience in family law, will be able to give advice on all aspects of family and matrimonial law including separation, divorce, financial matters, pre-nuptial and co-habitation agreements, same sex relationships and children issues.

For more information, or to book an appointment, please contact Barbara on 01225 866541 or by email at barbara.taylor@blbsolicitors.co.uk.

Home Infomation Packs axed by Government

2010-05-21T02:46:00.000-07:00

By suspending from midnight tonight the requirement for anyone selling a house to have a Home Information Pack (HIP), the Conservatives have kept their promise to get rid of the much criticised packs within weeks of coming to office. Permanent abolition of HIPS can be expected in a new piece of primary legislation, which is likely to be called the Local Housing and Planning Act, and which is set to be introduced later this year.

The Government estimates that abolishing HIPs will save sellers £870 million over the next decade, but sellers will still be required to carry out or commission an Energy Performance Certificate (EPC), showing the property's energy efficiency, before marketing their home. This costs an average of £50 and is required by European Law. Homeowners face a fixed-penalty fine of £200 if they do not provide an EPC, which are valid for 10 years, provided no alterations are subsequently carried out to the property.

However for all the complaints there have been about HIPs, it is worth remembering why they were introduced. In England and Wales, up to 30% of agreed property transactions fall through before completion, often because of problems discovered late on in the sale process, or because sellers put property on the market half-heartedly and then change their mind. In practice few prospective purchasers ever requested copies of HIPs from estate agents and in any event important documents such as planning permissions and building regulation approvals were not required documents in the HIP, and the lack of information about these early in the conveyancing process often cause delays.

BLB Solicitors has an experienced, well established residential property team, whose goal is to remove the stress involved in house buying and selling by providing a fast, efficient and friendly service. For more information, please contact us using the contact form.

BLB Solicitors client with back injury wins out of court settlement

2010-05-19T02:26:00.000-07:00

A BLB Solicitors client has been awarded £65,000 in an out of court settlement after injuring his back at work. Our client worked in a factory and part of his job involved pushing a very heavy wheeled trolley along some tracks. One day whilst pushing the trolley it came to a sudden halt due to debris that had built up on the tracks. Our client sustained a jarring injury to his back. Unknown to him he was suffering from underlying degeneration in his spine. The opinion of the spinal surgeon who examined him for the purpose of the claim was that the the jarring accident had accelerated the onset of his back condition by between 5 and 10 years.

As a result of his injuries our client was not able to return to heavy manual work, instead taking a less manual job attracting a lower wage. As he was about 10 years from retirement, his claim for future lost earnings was far less than it would have been if he had been younger.

Richard Lowes, partner at BLB Solicitors said "this case serves to illustrate the importance of assessing all manual handling tasks and also ensuring that rubbish is not allowed to build up in the workplace. It is also interesting in that it illustrates the surprisingly common situation of an accident exacerbating an underlying medical condition, particularly one, as in this case, that was not previously causing any symptoms. In such cases it is particularly important that the process of obtaining medical evidence is approached with care, as the claim will stand or fall on the opinion of the medical expert".

If you wish to discuss a claim with us, even if you are currently with another firm of solicitors, please contact us using the contact form. Your call is totally confidential and you are under absolutely no obligation.

Family Law

2010-05-13T03:01:00.000-07:00

Back in March we blogged about pre-nuptial agreements, and the case of Katrin Radmacher and Nicolas Granatino which was being heard in the Supreme Court. The judgement in the case is still eagerly anticipated, but in the meantime the issue remains at the forefront of developments in family law. Resolution, the national group of family lawyers committed to resolving disputes in a constructive manner, has submitted a policy paper to the Law Commission who are currently consulting on family agreements, such as pre-nuptial agreements. One of the roles of Resolution is to campaign for the improvement of family law and the family justice system.
Pre-nuptial agreements are not strictly enforceable, but their status has been considered in a number of recent landmark cases. Resolution are calling for a change to the law to make pre-nuptial agreements legally binding, subject to certain safeguards. They propose that a written agreement entered into either before or after the marriage to regulate the parties’ affairs in the event of a breakdown of the marriage be binding unless:-

(a) the agreement was entered into as a result of unfair pressure or unfair influence;
(b) one or both parties did not have a reasonable opportunity to receive independent legal advice about the terms and effect of the agreement;
(c) one or both parties failed to provide substantially full and frank financial disclosure before the agreement was made;
(d) the agreement was made fewer than 42 days before the marriage;
(e) enforcing the agreement would cause substantial hardship to either party or to any minor child of the family.

If any of those factors did apply, then the Court could give as much weight to the agreement as it considers appropriate in all the circumstances and in light of the usual matters that the Court has to take into account when considering an application for financial relief.

For further information on the Resolution response paper please see their website. To discuss your family or matrimonial matters further please contact a member of BLB Solicitors Family Law team, all of whom are members of Resolution.

Permanent Total Disability - Case Study

2010-05-11T04:06:00.000-07:00

Mr L was involved in an accident which resulted in a serious back injury. He was unable to return to his job in a warehouse and was eventually dismissed by his employer on health grounds. Mr L had an accident protection policy and made a claim under the Permanent Total Disability section of it. In order to succeed, he had to establish that he had “sustained accidental bodily injury which within 12 months resulted solely and independently of any other cause, in death, permanent disability, or hospitalisation”.

The total sum insured was £200,000. Mr L’s insurance company arranged for him to be medically examined by an occupational health doctor, who assessed him to be 25% to 30% disabled. The insurance company made Mr L an offer of £55,000.00 to settle his claim. Mr L asked BLB Solicitors for advice.

After assessing the claim, we referred Mr L to a respected consultant rheumatologist. The rheumatologist advised that Mr L was far more disabled than the occupational health doctor had suggested. The insurance company withdrew their offer and obtained a report from their own rheumatologist.

Following a joint discussion between the two rheumatologists, the insurance company paid out the full £200,000 entitlement under the policy.

With four regional offices (Trowbridge, Bath, Bradford on Avon and Swindon) and a dedicated legal personal injury team, BLB Solicitors can provide you with a friendly, understanding evaluation of your personal injury case. For more information, get in touch using our contact form.

What is fractional ownership?

2010-05-07T03:28:00.000-07:00

Fractional ownership allows a property to be sold in shares rather than as a whole. It is very different to timeshare which only gives buyers the right to occupy a property for certain specified weeks. With fractional ownership, buyers own a share in the property and so benefit from the upsides of property ownership including usage, capital appreciation (in a rising market) and the potential for rental income. Central to any fractional ownership scheme is the legal documentation.

For most schemes, there will be several documents including a fractional agreement, a management agreement together with service level agreements with a management company and a fractional administrator. A fractional agreement will set out in detail the procedure for an owner to sell his or her fraction. Normally, the fraction must be offered to the other owners first before it is made available on the open market. Although there are schemes that divide a property into as many as 52 shares, this is in essence little more than a timeshare arrangement. It is recommended that properties are split into either quarter or sixth shares.

One of the benefits of fractional ownership is that owners do not have the usual concern of having a property unoccupied for significant parts of the year. How the property is managed will vary from scheme to scheme and will depend on whether the property forms part of a development or is a “stand alone” property. Owners will want to be sure that the property is fully maintained and cleaned. An obvious benefit of fractional ownership is that maintenance costs are split between the owners.

There are only a handful of law firms in the UK with expertise in fractional ownership issues. BLB Solicitors are able to offer a cost effective service to investors, developers and prospective buyers. Contact Stephen Bishop for further information.

New service for ordinary home buyers

2010-05-05T02:42:00.000-07:00

Buying agents have been around for a long time. They are commonplace in Australia and parts of America, and their brief is simple. Find houses that tick all the prospective purchaser's boxes, without the prospective purchaser having to do the leg work. A time saving service for those that can afford it, you might say.

However a new service has now been launched in the UK which claims to offer a helping hand for ordinary home buyers.

Check list

The service includes identifying a list of properties which fulfils the buyer's criteria, undertaking viewings and ensuring that properties are suitable. They claim that that they will then negotiate with the sellers of any properties that the buyer is interested in. A fee is charged if the buying agent negotiates a discount on the property that the buyer wants to purchase.

It will be interesting to see if this service takes off, however whilst sellers in England and Wales have long had the advantage of estate agents fighting their corner, there has historically been no-one acting in the buyer's best interests.

If you are considering moving or buying a property, then BLB Solicitors has an established reputation as having one of the leading property departments in the area. We pride ourselves on the quality of our advice and a service that is cost effective and one that meets your timescales. For a no obligation conveyancing quote, please contact us using the contact form.

Senior Judge calls for halt to torrent of criminal law legislation

2010-04-30T02:31:00.000-07:00

Judge Charles Harris, QC has called for a halt to the flood of criminal law legislation that has made the legal system incomprehensible to both judges and the public. The judge told the Times that criminal law has become so complex that in many instances judges have to have it explained to them by academics.
Judge Harris QC, chairman of the civil committee of the Council of Circuit Judges, said that the last three prime ministers had produced an average of 2,629 laws a year. In the past eight years there had been more than 3,000 statutory instruments a year and between 40 and 70 acts of Parliament, he added. He has also called for a bill to consolidate and rationalise current criminal laws. " It is vital to remember that laws should not be run up in haste and flung, as a palliative reaction, at every problem that may arise" he said.

BLB Solicitors is one of the leading firms in the South West undertaking criminal defence work. We provide assistance and representation to individuals and companies across the region, regardless of the accusation. We can provide you with expert advice across the full breadth of criminal law. We can assist with motoring issues and are skilled in defending prosecutions relating to road accidents, drink driving and speeding. At the other end of the scale, we can represent your interests in serious criminal offences such as theft, violence, sexual offences, drugs or money laundering the proceeds of crime. We are also able to give advice on what constitutes a criminal offence.

For further information, please contact Tony Nowogrodzki, using the contact form.

Compensation win for victims of toxic sofas

2010-04-28T06:18:00.000-07:00

Customers left injured by "toxic sofas" made in China will receive combined compensation payouts of up to £20 million. At the High Court, Mr Justice MacDuff ordered that the 1,650 people who suffered painful medical complaints due to the presence of a highly toxic chemical called Dimethyl Fumarate (DMF) in leather sofas manufactured by Chinese companies Linkwise and Eurosofa, should finally receive compensation for their injuries. All suffered severe skin or eye complaints, breathing difficulties or other medical complications after exposure to DMF. Following the High Court decision, claimants will now receive compensation payments expected to be between £1,175 and £9,000 depending on the severity of their symptoms.

The group action was launched against three retailers of the sofas, Argos, Land of Leather and Warmsleys, all of whom admitted liability. However, 350 customers of Land of Leather, which went into administration in January 2009 will miss out. Although liability had been admitted, a decision was made by the retailer's insurers Zurich, not to pay out on claims relating to products made by the manufacturer Linkwise. This decision was upheld by the courts last month, and is being referred to the Court of Appeal

The European Union has now banned the use of DMF after consumers in at least 5 European countries suffered skin burns and breathing problems due to this chemical being used in numerous imported leather products. The chemical was used by manufacturers to stop these products going mouldy in storage.

With four regional offices (Trowbridge, Bath, Swindon and Bradford on Avon) and a dedicated personal injury team, BLB Solicitors can provide you with a friendly, understanding evaluation of your personal injury case. For more information, get in touch using our contact form.

How will the election affect the property market?

2010-04-23T06:19:00.000-07:00

According to recent figures the general election is not affecting the property market. Rightmove reports that asking prices rose by 2.6% in April after a couple of months of stagnation, and estate agents Hamptons International recorded the highest number of sales since the market's peak in 2007.

Whatever the outcome of the election it will take a while for changes in policy to have an impact on the property market. The Conservative's Home Protection Scheme, a one-off payment of £8,000 for people aged 65 to ensure free permanent residential care for life would prevent family homes having to be sold, but its effects would only be felt gradually. A hung parliament however could deal an immediate blow to the property market, knocking both buyer and seller confidence. The uncertainty would impact on overseas demand for property, which London relies on, and could mean rising interest rates.

Whilst any election result is better than no result for the housing market, the Liberal Democrats proposed 1% "Mansion Tax" for properties worth over £2 million would have a negative effect. Older home owners whose properties have risen in value due to price inflation over the past 20 years might struggle to pay the tax and it may lead to an increase in the number of homes of this value being put onto the market, thus distorting the housing market. It may also deter people from buying properties above this threshold.

Labout has signalled its intent to tax the top end of the market by increasing stamp duty for £1 million plus properties from 4% to 5%. Coupled with the 50% income tax rate, this could dampen demand for properties worth more than £1 million from April 2011.

However, first-time buyers will benefit under either a Labour or Conservative government. Labour plans a 2 year stamp duty holiday for properties up to £250,000 and the Conservatives propose to make this tax break permanent which means that 9 out of 10 first time buyers would be exempt from paying stamp duty.

BLB Solicitors are a well established firm and we pride ourselves on being approachable, friendly and professional, with the highest standards of client care. If you are considering a house purchase or sale, please contact us using the contact form for a free, no-obligation chat.

Eye in the sky

2010-04-21T02:56:00.000-07:00

A new type of speed camera which uses satellites to measure average speed over long distances is being tested in Britain. The cameras, which combine number plate reading technology with a global positioning satellite receiver, are similar to those currently being used in roadworks. These hi-tech devices follow drivers' progress for miles to calculate whether speed limits have been broken. A record is made of cars found to be speeding.

The Home Office is testing the cameras at two sites, one in Southwark, London, and the other on the A374 between Antony and Torpoint in Cornwall. The "SpeedSpike" system, which calculates average speed between any two points in the network, has been developed by PIPS Technology Ltd, an American-owned company. Details of the trials are contained in a House of Commons report. The company said in its evidence to the House of Commons Transport Committee that the cameras enabled "number plate capture in all weather conditions, 24 hours a day".

The Home Office said it was unable to comment on the trials because of "commercial confidentiality".

BLB Solicitors are specialists in representing clients requiring legal assistance for driving offences. Road traffic offences and their legal implicatons can be a minefield, and having a local solicitor to advise you should you be facing a possible driving ban due to speeding, drink driving or any number of other traffic offences, will give you the best chance of achieving the outcome you want.

Please contact us using the contact form for a friendly, sympathetic assessment of your case.

Keep it in the family

2010-04-16T03:29:00.000-07:00

A daughter is suing her father in a family feud over a Georgian seafront mansion. Anne Marie Jeffery claims Denis Gretton did not get enough money from the sale of a Grade II listed, five bedroom property on the Isle of Wight that was left to the family by her grandmother. Mrs Jeffrey is demanding £165,000 more after receiving a third of the profit from the £885,000 sale of the property in Cowes, because she claims Mr Gretton breached his duties as trustee. However, her father claimed in court that this legal action is an act of "revenge" and the latest phase in a family falling out. The High Court was told that the feud began when Mr Gretton encouraged Mrs Jeffrey's teenage daughter Samantha to go to University in the UK. Samantha's father Andrew was so angry at the interference of his in-laws that he encouraged his wife to launch the legal action, the court heard.

The mansion which is at the heart of the dispute sits on The Parade in Cowes and was left in equal shares to Mrs Jeffrey, her brother Nicholas Gretton and their father Mr Gretton by his mother, Paula Beken, who died in 2001. Under the terms of the will, Mrs Beken's husband, Keith, would have the use of the house during his lifetime. However that right was revoked by a deed of variation in September 2002. Mrs Jeffrey claims she was not told about the revoking of this legal clause, due to the breakdown of the relationship with her parents, and that her father should have sold the property at the height of the property boom, when it could have fetched as much as £1.1 million. In addition she claims he failed to rent it out for 6 years, despite its prime seafront location. Experts have said that the house could have been rented out for £5,500 in Cowes week. However Mr Gretton insists that the property was in no fit state to be rented out, and he couldn't afford to renovate it, and that his daughter agreed that it should remain empty.

The property was eventually sold in September 2008 for £885,000 and now Mrs Jeffrey, who received around £232,000 then, is suing for an additional £165,693 in alleged lost income, reduction in sale proceeds and interest. She says that her father and another executor of Mrs Beken's will are in breach of their duty to properly administer Mrs Beken's estate. The High Court case, which could see legal costs running into six figures, continues.

BLB Solicitors specialise in inheritance disputes, disputed wills and all types of contentious probate cases. Our experienced private client team can offer a sympathetic, friendly assessment of your case. Please contact us using the contact form

Is getting married an alternative to getting a job?

2010-04-14T07:53:00.000-07:00

Baroness Deech, chair of the Bar Standards Board, garnered a lot of media attention in the autumn of last year in light of her lectures calling for a reform of the divorce laws. Baroness Deech gave a speech deploring the current state of the law which she says puts across the message that marrying a wealthy man is an alternative to having a career.

The Times now reports on her view that assets acquired before a marriage should be excluded from divorce settlements. Her comments have caught the interest of shadow justice secretary Dominic Grieve, who is stated to have said that if the Conservatives win the general election, he would consider her proposals as part of a review of family law.

Spending more on legal fees than assets are worth

Baroness Deech is quoted as saying "There are cases where people have spent more on legal fees than the assets being fought over. We have got to change to a system where people can work out without going to court what each side is going to get....I am dismayed when someone gets married for a short period, has no career, then gets millions. It sends the message that if you marry a rich man you are made for life. It is highly offensive".

The article goes on to report proposals that only assets acquired during the marriage should be taken into account in the divorce settlement, with protection given for inherited or individually owned assets.

While Baroness Deech's comments have attracted a lot of attention, the cases that she is referring to are far from the norm. The multi-millionaires facing large payouts are a long way from the many cases where the total assets are barely enough to meet both spouses' needs. The discretion retained by the courts is extremely important as it ensures that the individual facts of each case are fully taken into account. However, it is clearly important that the legal costs are proportionate to the assets in question.

BLB Solicitors has a team of family lawyers who are able to provide specialist advice on all aspects of this sensitive area of law. Our legal experts are members of Resolution (formerly the Solicitors Family Law Association) and we have two trained Collaborative Family Lawyers who are specially trained in out-of court negotiations. For further information on this and any other family or matrimonial matter please contact us using the contact form.

One in four construction sites fail safety inspections

2010-04-09T06:02:00.000-07:00

Nearly one in four of the construction sites visited by the Health and Safety Executive (HSE) during March failed safety checks.

Inspectors from HSE carried out checks at 2014 construction sites across Great Britain as part of an intensive campaign aimed at reducing death and injury in one of Britain's most dangerous industries. During unannounced visits, inspectors focused on refurbishment and roofing work to ensure that any work being done at height was being done safely and that the sites were in good order.

A total of 691 enforcement notices were issued at 470 sites, with inspectors giving orders for work to be stopped immediately in 359 instances for either unsafe work being carried out at height, or where sites lacked "good order". During 2008/2009 there were 53 deaths in construction and 11,264 injuries.

With four regional offices (Trowbridge, Bath, Swindon and Bradford on Avon) and a dedicated personal injury team, BLB Solicitors can provide you with a friendly understanding evaluation of your personal injury case. For more information, get in touch using our contact form.

Confusion over stamp duty exemption

2010-04-07T06:46:00.000-07:00

In his March 2010 budget, Chancellor Alistair Darling announced a two year stamp duty exemption for first time buyers purchasing a home costing less that £250,000 with effect from midnight on 24th March 2010.
This will save first time buyers up to £2,500 and early signs indicate that this has led to buyers being tempted back into the market. Indeed, Moneysupermarket.com reports a 15% rise in people searching their site for mortgage deals.

However there has been some confusion surrounding the circumstances in which the stamp duty exemption will apply, so here are the key facts:

the property being purchased must be valued at under £250,000

completion date must be on or after 25 March 2010 and before 25 March 2012

you must be a first time buyer, and must not have bought a freehold or leasehold property in the UK or anywhere else in the world

if you are buying a second home, intend to let the property or are buying on behalf of someone else, you are not exempt

if you are buying jointly with one or more people you should all be first time buyers to benefit from the stamp duty holiday. If any of you has previously owned a house, or inherited a property, you are not exempt.

If you are considering a house purchase, then let BLB Solicitors help you. We are a well established firm and we pride ourselves on being approachable, friendly and professional, with the highest standards of client care. Please contact us using the contact form.

Highest ever UK personal injury payout

2010-03-31T06:41:00.000-07:00

A young man who was paralysed as a result of a car crash has been awarded a record amount of compensation. Wasim Mohammed, from the West Midlands, was involved in a car accident in July 2006, just days before his 19th birthday.

Mr Mohammed was a passenger in a car driven at speed by a former friend, who attempted to overtake another car at a junction, clipping the other car and ploughing into a wall at an estimated 50mph. Mr Mohammed broke his neck and severely damaged his spinal cord, leaving him with no movement in his legs and very little function in his arms. He now needs specialised treatment on a daily basis from 2 full time carers. The record out-of-court settlement is divided into a lump sum of £4.25 million, and annual payments of £235,000 to meet his life long care - worth an estimated £11.5 million. The settlement was finalised hours before the case was due to be heard at Birmingham County Court on 26 March 2010.

With four regional offices (Trowbridge, Bath, Bradford on Avon and Swindon) and a dedicated legal personal injury team, BLB Solicitors can provide you with a friendly, understanding evaluation of your personal injury case. For more information, get in touch using our contact form.

To Pre or not to Pre (Nup)

2010-03-24T01:51:00.000-07:00

Pre-nuptial agreements have been increasingly in the public eye recently, frequently hitting the headlines. The case that arguably garnered the most attention was that of Katrin Radmacher, a German heiress, and Nicolas Granatino, a one time successful banker now a researcher at Oxford University.

We wrote about this case on our website following the Court of Appeal decision in July 2009. Our article can be found here. The case concerned a pre-nuptial agreement entered into by the couple which stated that neither party would seek maintenance or capital from the other in the event of a divorce.

The Court of Appeal overturned an earlier award made by the High Court, awarding Mr Granatino £5.6 million notwithstanding the pre-nuptial agreement. The Court of Appeal found that insufficient weight had been given to the pre-nuptial agreement, and allowed Ms Radmacher's appeal, although they did make some provision for housing for Mr Granatino, in light of the fact that the parties shared care of their children.

Mr Granatino has now appealed to the Supreme Court and the case was listed to be heard by the Justices on 22nd and 23rd March 2010. The outcome of this appeal is eagerly awaited by lawyers and by wealthy individuals wishing to protect their wealth. We will post the judgment of the Supreme Court as soon as it is available.

Home Information Pack problems

2010-03-22T04:03:00.000-07:00

Home Information Packs (HIPs), which can cost between £200 and £400 were introduced to speed up the home buying and selling process in August 2007. A HIP has to be in place before a property in England and Wales can be put on the open market for sale.

However, according to a survey done by Trading Standards at Birmingham City Council, a third of all HIPs provided by estate agents are unsatisfactory.

Results of the study carried out at the end of 2009 revealed that of the 37 packs examined, 70% were rated satisfactory or reasonably satisfactory, and 30% rated unsatisfactory when measured against the HIP regulations.

Conducted in conjunction with the independent regulator, the Property Codes Compliance Board (PCCB), it was the most comprehensive estate agent and HIP enforcement exercise carried out since the introduction of HIPs. The survey aimed to identify if estate agents had HIPs in place for properties being marketed, if they were making packs available at the appropriate time, if they were ensuring packs contained all the required documents in the format prescribed by the regulations, and whether the contents were accurate. Particular attention was paid to the accuracy of local search information.

The most common faults were: no information provided on the complaint or redress procedure; no consumer information; no company contact details and technical issues with the search.

BLB Solicitors has become a leading HIP provider in the region, providing accurate and cost effective packs to agents and sellers. By instructing BLB to prepare your HIP, we can seamlessly continue with the conveyancing aspects of the transaction once you have agreed a sale. This will avoid you having to deal with two different organisations - for HIP preparation and then conveyancing, where there might otherwise be duplication of effort and cost. For more information, please contact a member of our residential property team, using the contact form.

Greater protection for wives divorced abroad?

2010-03-17T06:19:00.000-07:00

The Supreme Court has unanimously allowed an appeal by a Nigerian wife who sought relief in the English Courts under Part III of the Matrimonial and Family Proceedings Act 1984. In doing so, the court restored the order originally made by Coleridge J in the High Court.

Both Mr and Mrs A were born in Nigeria, but both have British and Nigerian citizenship. They were married for 38 years, and have 5 children, all of whom were born in the UK and all but one of whom were educated here.

Mrs A has been living in England continuously since 1999, when the marriage broke down. In 2003, Mr A issued divorce proceedings in Nigeria and in 2005, the Nigerian court awarded Mrs A a life interest in the Nigerian matrimonial home, worth about £83,000, plus a lump sum payment of £21,000 as "maintenance for life". The husband retained the balance of assets worth £616,000, including two properties in London. The judge rejected her claim to these properties on the grounds that she had not made any financial contribution to the purchases.

The wife made an application to the English court for financial provision under Part III of the Matrimonial and Family Proceedings Act 1984 where a marriage has been dissolved in a foreign country. The application was granted and Coleridge J made an order which was intended to enable her to live and maintain herself in London, providing her with the proceeds of the sale of the house in which she had been living (expected to be about £275,000), the equivalent of a 39% award to the wife. This was on the condition that she relinquish her life interest in the Nigerian property.

The husband successfully appealed the order, principally on the grounds that judge had given insufficient weight to the connections of the case with Nigeria. The Court of Appeal dismissed Coleridge J's order, whilst recognising that this was harsh on the wife. The wife then appealed to the Supreme Court.

The Supreme Court disagreed with the Court of Appeal, finding that the "English connections were substantial, if not overwhelming" and that there was a "very large disparity between what the husband received and what the wife received such as to create real hardship and a serious injustice". Accordingly the wife's appeal was allowed and the order of Coleridge J restored.

For advice on matrimonial matters, please contact one of BLB Solicitors Family Law team, using the contact form.

Struck off and need legal advice?

2010-03-12T06:02:00.000-08:00

A Company can be struck off the register at Companies House for a number of reasons. They include the following:

the company is no longer trading and its directors have applied to dissolve the company by filing a form at Companies House.

the registrar at Companies House believes that the company is not carrying on business or that it is not in operation. This may be because the company has failed to file its annual accounts or annual return at Companies House by the due date.

A consequence of this is that the Crown assumes ownership of any assets which were left in the company at the time it was struck off (as the company is deemed no longer to exist).

If however the directors did not want the company struck off, or have subsequently changed their minds, the only option available to them prior to 1st October 2009 was to apply to the court to have the company restored. The process would typically take 6 -8 weeks and could be expensive to implement.

As from 1st October 2009, an application to the court may no longer be necessary. Instead, a former director/secretary or member of that company may apply directly to Companies House to have the company restored provided that:

the application is made within 6 years of dissolution.

the company was carrying on business or was in operation at the time it was struck off.

the Crown's representative gives his written consent to the company being restored (where the Crown owns assets previously owned by the company).

the applicant has delivered to Companies House all documents necessary to bring its records up to date (and paid any outstanding late filing penalties).

The registrar may then restore the company and confirm this in writing. Once restored, the company is deemed to have continued in existence as if it had not been dissolved.

It was previously thought that only companies struck off on or after 1st October 2009 could take advantage of this cheaper and quicker process, but Companies House have recently confirmed that this new process of applying direct to Companies House is available to companies which have been struck off prior to 1st October 2009, providing that they meet the criteria mentioned above.

For further information, please contact Frank Scott-Ashe, using our contact form.

Accident protection or critical illness policy claim legal advice

2010-03-10T02:38:00.000-08:00

Have you had an accident or illness claim on any of the following types of policy turned down?

Critical Illness
Mortgage Protection
Income Protection
Permanent Health Insurance
Accident Protection

You are not alone. Nearly 1 in 6 insurance policy claims are turned down on a "technicality".

Policy Claims Solutions is the specialist Policy Claims Department of BLB Solicitors, helping people who have had a claim against a policy turned down. If your claim is for more than £5,000 BLB Solicitors can help you. Our Policy Claims Team can review your claim at no cost to you and help you decide how or if to proceed following the rejection of a claim.

For a free, no obligation chat, please contact us using the contact form.

House prices drop

2010-03-04T04:23:00.000-08:00

The snow and the end of the temporary stamp duty holiday in January have combined to drive down house prices by 1%, according to the Halifax. This is the first drop in prices since June 2009, and reduced the average price of a UK property by about £2,500 to £166,587. There had been reports of a sharp drop in demand for properties since the start of the year, however figures from the Royal Institution of Chartered Surveyors suggest the recent improvement in market conditions has encouraged more homeowners to attempt to sell their property, and as a result, the amount of properties available for sale increased for the second successive month in January.

If you are considering moving, then let BLB Solicitors help you. We are a well established firm and we pride ourselves on being approachable, friendly and professional. Our staff are committed to the highest standards of client care. Please contact our Residential Property team.

High maintenance?

2010-03-02T04:23:00.000-08:00

The Daily Telegraph has reported on the case of Mr and Mrs Vaughan, where the ex-wife of a Barrister is applying to the Court of Appeal to have her maintenance payments reinstated. These payments were terminated by the High Court in a hearing last year.

Mr and Mrs Vaughan were married for 18 years, divorcing in 1985. Mr David Vaughan QC was originally ordered to pay maintenance of £27,000 per year. In 2009, Mrs Vaughan returned to Court seeking a lump sum payment on the basis that the £27,000 was not sufficient. The judge not only dismissed her request for £560,000 but terminated the original periodical payments order.

Deputy High Court Judge Richard Anelay QC assessed the value of her assets and calculated that she had an annual income of £48,000 per year. He found that a single woman in her 60s should be able to live quite comfortably on the sum.

Mrs Vaughan is claiming that this decision is wrong, and that the termination of the payment will cause her "real and undue hardship". She claims that due to the nature of her assets, with most of her assets being non income producing, she would be left with an inadequate income of less than £23,000 per year. Mr Vaughan asserts that the majority of his assets, totalling around £5million have been generated since the divorce, 25 years ago.

The Court of Appeal are due to hear the appeal against the termination of the maintenance order this week.

For advice on matrimonial matters, please contact a member of BLB Solicitor's Family Law Team.

BLB Solicitors speaks out over poor representation for chronic pain sufferers

2010-02-26T01:29:00.000-08:00

Richard Lowes, a partner at BLB Solicitors, has issued an urgent warning to personal injury claimants suffering with a chronic pain condition. He says “I am continually shocked at how little many personal injury solicitors know about chronic pain.”

“We receive regular enquiries from very frustrated people who believe that the person representing them does not understand their condition. This leads to solicitors obtaining medical evidence from wholly inappropriate medical experts, which in turn usually leads to the claim being grossly undervalued.”

“I took a call the other day from a gentleman who had been diagnosed with Complex Regional Pain Syndrome by his treating consultant. He telephoned his solicitor who told him that he had never heard of the condition. When he tried to explain the condition to the solicitor, they responded that the orthopaedic medical expert in the claim had already commented upon the ongoing symptoms and advised that they were not related in any way to the original accident. When he asked the solicitor whether they were prepared to obtain a second opinion from a consultant in pain medicine, the solicitor initially refused, and then agreed, but only on the basis that his client pay for the further report.”

“The clear point here is that given the symptoms exhibited by this gentleman at the time that his solicitor instructed the orthopaedic surgeon, that was a wholly inappropriate choice of medical expert by the solicitor. His client should therefore not have to pay for his error.”

“Chronic pain conditions such as Complex Regional Pain Syndrome (CRPS) and Fibromyalgia are often difficult to diagnose. From the point of view of expert medical evidence, it is unlikely that a court will accept a diagnosis and opinion on causation from anybody other than consultants in rheumatology or pain medicine.”

“We have seen many examples of people with truly terrible levels of disability, advised that their claim is worth a pittance because medical evidence has been obtained from a medical consultant with no clinical experience of diagnosing or treating chronic pain conditions.”

Should you wish to discuss your own claim, please contact BLB Solicitors for a free, completely confidential, no obligation discussion.

Marriage rate falls to record low

2010-02-24T01:31:00.000-08:00

Provisional figures released by the Office for National Statistics for the number of marriages registered in England and Wales in 2008 are the lowest since 1895. The total number of marriages registered according to the provisional figures was 232,990, although when all the marriage returns are made it is expected that the figures will be similar to the 2007 total of 235,370.

Whilst the figure has remained stable compared with 2007, there has been a rise in the number of unmarried adults which means overall the figures are lower.

During recent decades there has been a decline in the number of marriages. However, the number of cohabiting couples who have not married has increased. This has led to the national organisation of Family Lawyers, Resolution, to call for legal rights for unmarried couples.

The Vice Chairman, David Allison stated that; "the majority of people don't understand that living together does not give them financial protection should the relationship end, which leaves countless people vulnerable to financial hardship if their relationship breaks down".

Many people believe that by living together they have acquired the status and rights of a "common law" wife or husband, whereas in fact such a status does not exist.

For further advice on family or matrimonial matters, for married or unmarried couples, please contact a member of BLB Solicitors Family Team, who are all members of Resolution. For further information about Resolution please see their website.

OFT - 'More innovation needed in home buying & selling market'

2010-02-19T05:06:00.000-08:00

The Office of Fair Trading (OFT) has published a report saying that the house buying/selling sector needs shaking up and suggests buyers and sellers need a real alternative to estate agents to ensure better value.

The OFT says there is currently very little competition between estate agents and although the internet has revolutionised the way people search for a new home, these home buying internet portals are still dominated by estate agents.

‘Legislation should therefore be updated to accommodate alternatives to traditional estate agency, and ensure the market is as open as possible to new entry and innovation,’ the report said.

If you are considering moving, or buying property then BLB Solicitors has an established reputation as having one of the leading property departments in the area, comprising more than 20 solicitors, legal executives and property executives. We pride ourselves on the quality of our advice and a service that is cost effective and one that meets your timescales.

Divorce rates drop for the 5th successive year

2010-02-12T01:40:00.000-08:00

According to figures recently released by the Office for National Statistics there has been a drop in the number of divorces in the UK. The latest figures show that there were 12,799 divorces in 2008 compared with 144,200 in 2007.

The data collected also shows that the average age at divorce has increased, for men it has risen to 43.9 from 43.7 in 2007 and for women to 41.4 from 41.2 in 2007.

Jo Morris from BLB Solicitors in Bath comments that these figures may illustrate developments in social trends, and points to a significant number of couples choosing to cohabit as opposed to marry. These couples may be facing the strain and effect of relationship breakdown but are not represented in the divorce statistics.

If you are contemplating a separation or divorce, BLB's Family Law Team provides sympathetic, understanding advice. Please contact Jo Morris in the Bath Office, Angeli Dunkerley in the Swindon office or Kerry Williams in the Trowbridge office.

Hope for first time buyers

2010-02-10T02:08:00.000-08:00

People wishing to get on the property ladder have been given some encouraging news. Figures recently released have revealed that there are now more mortgages available as lenders begin to relax their criteria. Figures from financial information service Moneyfacts show that the number of deals now available has increased by 20% from the start of 2010, with many mortgage deals now requiring a deposit of as little as 10%.

If you are a first time buyer, the business of buying a property may seem like a minefield, but our Residential Property team have wide experience of dealing with all types of property transactions. In all cases, we have one goal in mind - to reduce the stress involved by providing an efficient, thorough and friendly service.
For a free, no-obligation chat contact BLB Solicitors.

Many UK Muslim Marriages not recognised in law

2010-02-05T01:13:00.000-08:00

The BBC reported recently on the growing number of Muslim marriages that are not recognised legally in the UK.

The nikah, the traditional Islamic religious ceremony, is not legally binding if conducted in the UK. It is necessary for couple to have the marriage formally recognised by also having a civil ceremony.

Where only the nikah takes place many people mistakenly believe that they have full spousal rights, where as in fact they have no greater rights than an un-married co-habitant.

This differs from the situation where the nikah has taken place in a Muslim country as it is then legally recognisable in England and Wales.

For more information about Family and Matrimonial matters please contact a member of the Family team or get in touch using the contact form.

BLB Partners recognised by the Law Society

2010-02-03T01:35:00.000-08:00

BLB Solicitors are delighted to report that two of their Partners, Richard Lowes and Martin Loughridge, have been reappointed to the Law Society's Personal Injury Accreditation Scheme for a further five years. This follows hot on the heels of partner Mark Tawn's reappointment last year.

Membership of the Law Society's Personal Injury Accreditation Scheme is the only official recognition that a solicitor has demonstrated expertise in personal injury litigation. Each appointment lasts for 5 years, after which the solicitor must reapply.

With four regional offices (Trowbridge, Bath, Bradford on Avon and Swindon)and a dedicated legal personal injury team, we can provide you with a friendly, understanding evaluation of your personal injury case.

For more information get in touch using our contact form.

Approved mortgage numbers rose at the end of 2009

2010-01-29T06:07:00.000-08:00

Home buyers rushing to take advantage of the stamp duty holiday helped push up house sales in December. However, now that the Government has announced that the holiday will not be extended, and stamp duty will be added to the cost of homes between £125,000 and £175,000, experts expect this rise to be followed by a lull in the market.

Mortgages approved for home buyers rose to the highest level for more than 2 years in December. A total of 45,897 loans were approved, double the number for the previous year and the highest figure since September 2007, according to the British Bankers' Association.

If you are considering moving, or buying property then BLB Solicitors has an established reputation as having one of the leading property departments in the area, comprising more than 20 solicitors, legal executives and property executives. We pride ourselves on the quality of our advice and a service that is cost effective and one that meets your timescales.

South West firms think their way out of recession.

2010-01-27T06:38:00.000-08:00

Official figures recently released showed that the UK economy grew slightly in the final quarter of 2009, marking the end of the recession. But Business Link advisers in the South West have warned companies not to sit back and expect prosperity to come to them. To help companies to think differently, Business Link South West is promoting successful firms they are calling "challenger businesses". Every day for the next 100 days they will publish a new challenger business profile on their website.

The hallmarks of a challenger? They are fanatical about excellent customer service, they employ passionate and knowledgeable staff, and they have carefully considered, relevant marketing strategies.

BLB Solicitors has an established reputation in providing commercial and corporate services to the business community, giving the necessary advice to enable them to grow, increase profitability and minimise their exposure to risk. We can provide company"health checks" and we pride ourselves on delivering practical and competitively priced advice in a number of key areas, such as acquisitions and sales, business start-ups, commercial agreements and franchising.

For more information, contact
Frank Scott-Ashe at our Bath office or fill out our contact form on the website.

CRPS Case Studies

2010-01-20T04:04:00.000-08:00

We are experts in Personal Injury law. One case we settled was for a client called Hazel, a 43 year old administration officer, who contacted us in May 2008. In 2004, she had slipped on a spillage of liquid at work, which had caused her to fall to the floor, fracturing her ankle.

We have posted Hazel's case study for you to view here.

Do you need either personal or business legal advice? Please get in touch with us by filling out our brief form.

Welcome to our Blog

2010-01-06T02:24:00.000-08:00

As of today, BLB Solicitors, a leading regional law firm serving Bath, Wiltshire and the M4 corridor is proud to announce its official Blog.

For business and private clients, our goal is simple - to provide a high quality service delivering clear, practical advice and cost effective solutions

Please get in touch with us for a free initial consultation.