Liverpool Solicitors Strengthen Union Links With Merger
Liverpool law firms EAD Solicitors LLP and city centre practice
John A. Behn Twyford have announced a merger, consolidating EAD
Solicitors' offering as a specialist in legal services to trade
unions. The two firms plan for the merger to take effect from 1
February 2012.
Established in 1902, Behn Twyford specialises in employment law,
litigation and accidents and injuries and has a history of working
for trade unions. It has worked for TGWU (now Unite the Union)
since its inception in 1922 and for USDAW since its inception in
1947, complementing EAD Solicitors' existing union work with Unite
and other trade unions.
EAD Solicitors has a strong reputation for personal ...
Posted : 01 February 2012
Former Castleton Woolworths Workers Win Payout
Three years after the collapse of retail chain Woolworths,
around 150 former workers at Woolworths' Castleton distribution
centre in Rochdale have won the right to a protective award thanks
to their union Unite.
The Central Employment Tribunal unanimously decided to uphold
the claim that Woolworths failed in its legal duty to consult with
staff adequately before dismissing over 27,000 staff across the UK
in December 2008.
The Tribunal agreed that token consultation on behalf of the
administrators failed to make any real effort to engage with union
representatives.
The judgment may amount to the largest protective award of its
kind in the UK, given the total number of staff involved: if
eligible, ...
Posted : 31 January 2012
Injury Victims V Celebrities
There has been much coverage in the press about the compensation
paid out to celebrities by News International following the
'hacking' scandal. This has clearly been a disgraceful invasion of
privacy and nobody can have much sympathy for Rupert Murdoch's
company for having to make these payments.
But the amount the payments raises another interesting issue.
That is the comparison between compensation paid to victims of
hacking and that paid to victims of accidents. The latter have been
subject to vilification by politicians, the press and insurance
industry who say that we have a 'compensation culture' which needs
to be dismantled.
So let's look at some of figures that have ...
Posted : 25 January 2012
Employment law in 2012: What you need to know
As the New Year celebrations subside, employees and business
owners up and down the country have been told to take heed of a
raft of employment law changes ready for introduction in 2012.
Employers will need to prepare themselves for increased demands
in 2012, but if you're a hard working employee, it's important to
know what increased rights are coming your way over the next 12
months.
Here are the most important changes for 2012:
- From April 2012, parental leave entitlement will increase from
three to four months.
- Effective as of April 9th, Statutory Maternity,
Paternity and Adoption pay will increase to £135.45 per week.
- In addition, Statutory ...
Posted : 23 January 2012
Rush to meet stamp duty holiday
Activity among first time buyers is expected to rocket over the
next month, as prospective homeowners rush to beat the deadline for
the returning stamp duty tax.
According to Wales Online, house sales in the south of Wales
have boomed recently in order to avoid the one per cent duty on
properties between £125,000 and £250,000, which will come back into
force later this year.
"In the next couple of months there will be a surge - because it
is a saving after all - but after March 24 I think there will be a
lull, because first-time buyers will have £1,000-£2,000 extra to
pay," Tony Filice, spokesman for ...
Posted : 23 January 2012
What happens if you die without making a Will?
We are constantly told of the importance of making a Will. But
many are unaware of how their estates will be divided should they
die without one.
The intestacy laws provide for a different distribution
depending on the identity of the people you leave behind. Let's
consider the following situations:
I am married or in a civil partnership with
children
Your spouse will receive all your personal belongings. The first
£250,000 of your estate will also pass to your spouse. The
remainder of the estate will be split into two. One half shall pass
absolutely to your children. The other half will be subject to a
life interest in favour of ...
Posted : 16 January 2012
Why get professional advice when making a Will?
There are certain legal formalities which must be observed when
making a Will in order for the document to be valid. So long as
these are observed then technically the Will is what is known as
'formally' valid. However, the requirements laid down by law are
strict. Furthermore, although a Will can be deemed to have formal
validity, there are situations where, had proper advice been taken;
a Will, which might otherwise have been upheld, has been
overturned.
The requirements for formal validity of a Will can be found in
section 9 of the Wills Act 1837. This includes the fact that it
must be made in writing and ...
Posted : 16 January 2012
Banks pay over £160m in compensation
2011 was a costly year for the UK's financial institutions, both
in terms of their bottom lines and their reputations.
Figures obtained by the Financial Times and a leading law firm
have found that Banks paid more than £160 million in compensation
to customers last year after a crackdown by financial
regulators.
Barclays was labelled the worst offender following the companies
damaging PPI compensation and payouts for the year were nearly
treble the £62 million in 2010. The bank was ordered to shell out
£59 million to retail customers and was fined £7.7 million for
failings in the way it sold funds labelled "cautious" and
"balanced".
HSBC was also trageted by ...
Posted : 06 January 2012
Doctors sued for over prescribing Valium
Doctors are being accused of creating 'Valium addicts' after
failing to follow safety guidelines on the prescription of the drug
published more than 20 years ago.
It has been reported by lawyers and medical experts that there
has been a significant increase in the number of clinical
negligence cases being brought against doctors in relation to
prescribing Valium. Patients claim to have suffered physical
and psychological damage by the long-term use of addictive
tranquillisers such as Valium.
There have also been many cases where patients have sued doctors
due to the effect of being taken off the drug too quickly and have
argued that they should have been properly informed ...
Posted : 06 January 2012
Danger day for motorists passes
Were you involved in a road traffic accident on December 17, if
so you were one of thousands of motorists involved in the worst day
of the year for car crashes in the UK, Co-operative Insurance has
revealed.
Amazingly, for three consecutive years, the insurance company
has seen claims relating to car collisions and bumps increase by
129% on 17 December compared to a typical day of the year, leading
Co-operative to label the date 'Danger Day'.
More accidents occur in the week before Christmas than any other
week of the year, with claims relating to car crashes up by 94%
between 17 and 23 December, as shoppers and ...
Posted : 22 December 2011
New President for Liverpool Law Society
Steve Cornforth of Liverpool law firm EAD Solicitors has taken
over as President of the Liverpool Law Society for the coming
year.
Steve has been Vice President of the Society since December 2011
and was formerly Honorary Treasurer.
A specialist in occupational health cases, Steve has won damages
in the most severe cases in excess of £2 million for clients. He
has been a Higher Courts Advocate since 2002 and became a Fellow of
the Association of Personal Injury Lawyers in 2005. Steve is Senior
Partner at EAD Solicitors and a member of the Law Society's Law
Management Group. He also has a particular interest in Risk
Management and lectures ...
Posted : 14 December 2011
Have you been affected by PPD?
Para-phenylenediamine (PPD) is a chemical that is all too
commonly found in hair dyes. It fixes hair dyes to the hair so that
it remains permanent.
The government is currently being asked to review the use of PPD
in hair dyes. In the meantime, allergic reactions such as
itching, burning, swelling of the head and breathing difficulties
are being linked to products containing PPD.
EAD Solicitors LLP are currently assisting clients with
potential claims against the manufacturers of such products.
One particular client, bought a popular home dye kit and in
accordance with the manufacturers instructions carried out the
recommended patch test, with no reactions. However, when the
dye was applied ...
Posted : 02 December 2011
PPI victims still waiting on compensation
Despite massive public outcry and promises to the contrary,
thousands of borrowers mis-sold payment protection insurance (PPI)
are still waiting for compensation from the UK's biggest
lenders.
Earlier this year, UK courts forced major lenders, including
Lloyds TSB and Barclaycard, to compensate duped consumers for
millions of pounds in mis-sold PPI. But with the holiday season now
just one month away, those struggling to fund the festivities
without the thousands they are owed are being forced to wait longer
than necessary.
The banks involved signed up for a 'gentleman's agreement',
under which those affected were to be paid within 28 days of the
court's damning judgement. But instead of electronically
transferring the ...
Posted : 28 November 2011
Creating a will more important than ever
The seemingly never ending economic turmoil being experienced
worldwide has lead experts to claim that making a will is now more
important than ever.
New research by Macmillan Cancer Support shows that 70% of
Britons have not created such a document or even made any plans as
to what they will leave behind. And with finances so important in
the current climate, leaving your family a properly detailed will
could save them money and undue hassle should the worst happen.
That's according to Brian McMillan, Director General of the
Society of Will Writers, who believes there are several factors
behind why a lot of people are still not opting ...
Posted : 22 November 2011
Horse rider seeks road accident compensation
An active horse rider who suffered severe brain damage after
colliding with a motorcycle whilst out riding has launched a major
battle for compensation.
In 2006, Michaela Devereux was horse riding with her husband in
the New Forest when a "reckless" motorcyclist careered into
her.
Within a writ issued to the High Court, Ms Devereux claimed this
accident was caused by the negligence of the motorcycle driver,
adding that he lost control of his vehicle, equestrian magazine
Horse and Hound has revealed.
Allegedly, the bike smashed into the horse, causing the animal
to bolt and run away, leaving Mrs Deveruex in a heap on the
floor.
Motorcyclist Peter Hayward has since denied ...
Posted : 22 November 2011
Major compensation for birth errors
A young boy who was left severely brain damaged after
complications at birth, has been awarded a seven-figure
compensation settlement thanks to the efforts of his legal
team.
This week, the BBC reported how in 2006, Ciaran Dill suffered
brain damage due to mistakes committed by doctors at the Luton and
Dunstable Hospital.
According to the evidence submitted to the Royal Courts of
Justice, not enough attention was paid to a heart monitor while
Ciaran's mother Jennifer Dill was in labour, tragically starving
the child of oxygen for approximately one hour.
Ciaran has need round-the-clock care ever since and is unable to
talk or walk, the court heard. And after his ...
Posted : 22 November 2011
LDP Legal: Liverpool solicitor warns of dire consequences of legal aid cuts
THE next president of Liverpool Law Society has warned that the
country's legal aid system is facing "the most devastating cuts in
its history".
Steve Cornforth, senior partner at city law firm EAD Solicitors,
was speaking as the Legal Aid, Sentencing And Punishment Of
Offenders Bill was due to enter its second reading in the House Of
Lords.
The Government is proposing to cut the annual legal aid budget
by £350m, as part of a wide-ranging overhaul of the criminal
justice system.
Justice Secretary Ken Clarke has said he wants to end
"compensation culture" by preventing expensive litigation and
curbing the activities of "no win, no fee" firms. But a House ...
Posted : 22 November 2011
Liverpool's new legal supergroup?
EAD Partners Ian Gee and Nick Gaze brought the house down on
Saturday night with their first appearance as blues rock band, Rock
of Ages. The three piece band played to a wildly appreciate
audience at Stamps Too, a well known local venue. Ian sings and
plays lead guitar and Nick plays drums. Could they be Liverpool's
answer to The Jimi Hendrix Experience?
Contact EAD for bookings for all social functions, merchandise
and arena tours!

Posted : 21 November 2011
One of the quickest settlements ever!
This week one of our Personal injury lawyers, Bev
Gullon got her quickest ever settlement. Her client sustained
an injury to their leg whilst at work, which was resolved
in a very short time .
Her client's accident took place in July 2011 and we took
instructions in August 2011. Bev quickly arranged
for the client's file to be opened and booked an appointment
to see her client in Huddersfield office to
take further information. A letter of claim was sent out
to the client's employer in mid-September and the case was
then settled in November.
Posted : 15 November 2011
Over 1,000 drink drivers still on the road
New figures have found that of 55,539 people convicted of
drink-driving in 2010, 1,480 were not disqualified from driving,
insurance company LV has revealed.
According to material obtained via a Freedom of Information Act
Request, the City of London and Suffolk are the most "lenient"
districts, with 4.7% of drink-drivers escaping disqualification,
compared to just 1.3% of offenders in Cumbria and Warwickshire.
Worryingly, 2.6% of drink-drivers re-offend within one year and
according to one LV survey, 65% of motorists know someone who
drives after consuming alcohol, while 24% knew people who drive
even after having enough to put them over the legal limit.
"Driving while under the influence of alcohol ...
Posted : 07 November 2011
Importance of LPAs as man jailed for using ‘fake’ power of attorney to steal £75,000 from elderly aunt
A man from Bristol has been jailed for nine months for
pretending to be his Aunt's attorney to steal £75,000 from her.
Terry Pocock, 54, used the unregistered power to take over his
aunt, Marjorie Insall's affairs after she became diagnosed with
dementia. The case highlights the importance of making valid
registered Lasting Powers of Attorney appointing trusted people to
manage your affairs should you become unable to do so.
Prosecutor Mark Humphries said "he drafted the document but it
was never registered or agreed. But Pocock told people he had power
of attorney and it was treated like that by people who had dealings
with his aunt. In ...
Posted : 07 November 2011
‘Deathtrap’ landlords jailed
Two Northern landlords have been jailed and ordered to pay close
to £9,000 in costs after renting out properties described as "death
traps" by fire service investigators.
Shahbaz Fazal and Israr Fazal pleaded guilty to a combined 15
offences brought by Greater Manchester Fire and Rescue Service.
Both landlords were sentenced to three months imprisonment on
following their negligent running of eight first-floor flats on
Stockport Road, Longsight.
Charges brought under the Regulatory Reform (Fire Safety) Order
2005 saw both men ordered to pay £8,975 in costs, as according to
Greater Manchester Fire and Rescue Service, there was a "systematic
failure" to carry out a suitable and sufficient fire risk
assessment.
This ...
Posted : 07 November 2011
Poultry plant ordered to pay £250,000 in injury costs
Owners of a poultry-processing plant have been ordered to pay
more than £250,000 in fines and costs after accidents involving two
separate workers left one an amputee.
The two accidents at the 2 Sisters Food Group Ltd's poultry
plant cost Shaun Alexander his right hand and left Malcolm Raven
with a broken arm.
"In both cases the injuries occurred because employees were
allowed to come into contact with moving machinery in circumstances
that plainly should not have happened," said Norwich Crown Court
today Judge Peter Jacobs.
Mr Alexander lost his right hand when it became trapped in a
veal processing machine, while Mr Raven's arm was broken after it
was caught ...
Posted : 07 November 2011
Liverpool Lawyer Celebrates 20-year Anniversary
A leading Livepool solicitor is celebrating 20 years with one of
the city's top law firms.
Steve Cornforth joined Liverpool law firm EAD Solicitors on
4th November 1991. He is now EAD's Senior Partner and
has carved out a career as a specialist in occupational health
cases.
Said Steve, who is currently Vice President of the Liverpool Law
Society and takes over as President in December: "20 years is a
definite milestone and we've seen a lot of changes in the legal
sector in that time. Practicing law remains as challenging and
rewarding as ever and I'm looking forward to the next phase of my
career with EAD."
Steve qualified as ...
Posted : 04 November 2011
Cutting benefits for offenders
The Government has announced proposals to dramatically increase
the deduction from benefits to meet fine payments for those
convicted of criminal offences. At the moment the maximum deduction
is £5 per week. The new proposal is to increase this to an eye
watering £25.00.
Justifying the policy, the Prime Minister David Cameron said: 'I
do not want to be in the business of leaving people without any
money to support themselves but, equally, individuals must know
that they cannot commit crime that impacts on the livelihoods and
the communities of hard-working people without consequences.' You
can read more here.
So if we have someone under-25 years old on jobseekers allowance
their ...
Posted : 01 November 2011
Amputee sues council over wonky pavement
A pedestrian who lost three toes after tripping on a wonky
paving slab has launched an accident claim for £50,000 against his
local council.
Hampshire resident Daryl Phillimore, allegedly warned the
council on more than one occasion that the poor condition of paving
stones near his home was a serious problem. But the council failed
to listen until one day Mr Phillimore tripped over the slabs,
suffering a serious ankle injury in the process.
After tripping, Mr Phillimore's injury became infected, forcing
surgeons to amputate three of his toes and almost a quarter of his
right foot, he told the Daily Mirror. As a result, he is now
claiming £50,000 ...
Posted : 31 October 2011
Unfair dismissal - sacked??
According to today's Daily Telegraph, a report commissioned by
David Cameron has recommended the abolition of Unfair
Dismissal!
According to the report its author Adrian Beecroft complains of
"the terrible impact of the current Unfair Dismissal rules on the
efficiency and hence competitiveness of our businesses and on the
effectiveness and cost of public services."
The Telegraph report goes on to say that the Chancellor George
Osborne has a similar view in relation to the dismissal laws. It
also states that the report has the support of both the Chancellor
and the Prime Minister.
This report follows hot on the heels of the conference
announcement by Mr Osborne of the proposed ...
Posted : 26 October 2011
Compensation for ‘whiplash’ motorist
A car crash victim who was told by doctors that his fractured
neck was nothing more that 'whiplash' has been awarded substantial
medical negligence compensation.
Warwickshire resident Gary Rickard was driving home on the A5
when his tyre burst, causing him to career into a tree.
The impact knocked the 43-year-old unconscious and he was later
cut from the wreckage by emergency services and air-lifted to the
University Hospital, in Coventry. Yet despite the severity of his
crash, staff at the hospital carried out a series of precautionary
scans on Mr. Rickard before sending him home with treatment for
whiplash.
But after three weeks of intense pain and discomfort, Mr ...
Posted : 24 October 2011
Four Years for FB Defendants … too much?
I have to say that I was initially shocked by the four year jail
sentences handed out to the defendants who had set up a Facebook
features encouraging riots. Jordan Blackshaw and Perry Sutcliffe
Keeling each set up Facebook pages encouraging riots in their home
towns. This was all that happened. Nobody turned up in either town
that to take part in any disturbance. It would seem therefore that
a four-year jail sentence in these circumstances was very
disproportionate.
However on 18 October the Court of Appeal disagreed. The Lord
Chief Justice felt that the sentences were justified. The riots in
August 2011 were so serious and shocking that ...
Posted : 21 October 2011
‘Starved’ child awarded £3m in compensation
A six-year-old boy who astonishingly almost starved to death in
the days after his birth has been awarded £3 million in
compensation following a successful claim for medical
negligence.
A story in the Liverpool Daily Post this week reported how in
2005, new-born Matthew Kuriakose suffered a hypoglycaemic attack
due to lack of nourishment while at Arrowe Park Hospital.
By all accounts, Matthew was healthy following his delivery but
due to a sufficient lack of care was left profoundly brain damaged.
And despite doctors' best efforts, which included being treated at
the hospital's special baby care unit; Matthew never fully
recovered from the mistreatment.
Arrowe Park's hospital trust admitted negligence for ...
Posted : 18 October 2011
Tweeting in the house?
A few months ago I did a small piece in the Liverpool Daily Post
on the landmark decision of the Supreme Court to allow tweeting
during court proceedings. I said that twitter was the way the world
communicated in the 21st Century and it was encouraging that court
reporting was allowed to catch up. Lord Judge gave a very sensible
summary
"Subject to this consideration, the use of an unobtrusive,
hand-held, virtually silent piece of modern equipment for the
purposes of simultaneous reporting of proceedings to the outside
world as they unfold in court is generally unlikely to interfere
with the proper administration of justice."
http://www.liverpooldailypost.co.uk/liverpool-news/regional-news/2010/12/21/ldp-legal-move-to-allow-twitter-in-courts-welcomed-by-liverpool-lawyers-92534-27859937/#ixzz1aVeb3LT5
There is no better way ...
Posted : 12 October 2011
Legal Aid Savings - What Savings?
The Government is proposing major cuts in public funding.
Many arguments have been put forward about the devastating effect
on access to justice for the most vulnerable. These arguments are
well made and will certainly be repeated here in the coming months.
But is is also a false economy. No more so than in the case of
Clinical Negligence.
My firm recently handled a case for a woman who had developed, over
seven days, a severe headache. She attended, on two occasions at
Accident and Emergency, at her local hospital. On each occasion
they failed to carry out appropriate investigations and in
particular on ...
Posted : 11 October 2011
Who leading who?
A few weeks ago I was at a fringe meeting during the Labour
Party conference in Liverpool. This packed event was jointly
organized by the Law Society's Sound Off For Justice Campaign and
Justice For All and focussed mainly on the Legal Aid cuts.
During the question time the voice of the Association of British
Insurers (ABI), Mr Nick Starling, was heard. He embarked on a
predictable attack on the claims culture and why we all pay higher
insurance because too many people seek justice for injuries. But he
then made a comment on referral fees that left me speechless! He
said that the lawyers' fixed ...
Posted : 11 October 2011
Keep your workforce healthy this winter
Despite the uncharacteristic October sun earlier this month,
winter is sadly approaching and with it comes the inevitable
illnesses among UK workers. But medical experts are advising
employers to make sure staff desks are clean this winter to combat
absenteeism.
Experts working on behalf of office supplies firm Viking UK
found that germs harboured in messy and dirty workplace desks could
contribute to winter illness.
Of the employees surveyed, 56% said they had a colleague with a
"really messy" desk, with accountants (64%) identified as being the
worst culprits, followed by lawyers (61%). Bankers (33%) and estate
agents (35%) were rated the tidiest.
Researchers then took swabs from 300 messy desks ...
Posted : 10 October 2011
Increased penalties for dangerous drivers
UK motorists who cause serious injury as a result of dangerous
driving risk being jailed for five years under new heightened
penalties unveiled by the government.
Under the changes, an offence of "causing serious injury by
dangerous driving" is to be introduced that will help address a gap
that exists in the current legislation between the offence of
dangerous driving, punishable with up to two years in prison, and
causing death by dangerous driving, maximum 14-year sentence.
Almost 2,000 people are killed every year on the roads, and
according to Justice Secretary, Kenneth Clarke, the government has
"listened to the victims of dangerous drivers, their families, MPs,
judges and road ...
Posted : 10 October 2011
Mortgage payments ‘more affordable’
New borrowers are enjoying the most affordable level of mortgage
repayments for nearly 15 years due to a lenders' price war, new
research has found.
According to Halifax, average monthly mortgage repayments stand
at £574.15, 26% of earnings after tax. This compares to 48% of take
home pay in mid 2007, and an average of 37% over the past 25
years.
With the Bank of England holding firm on its historic low 0.5% base
rate, buyers are being offered record deals in order to keep the
market afloat. But there are still issues blighting first time
buyers according to Halifax.
"Obviously you have got to be able to ...
Posted : 10 October 2011
Legal Aid Savings - What Savings? (1)
The Government is proposing major cuts in public funding.
Many arguments have been put forward about the devastating effect
on access to justice for the most vulnerable. These arguments are
well made and will certainly be repeated here in the coming months.
But is is also a false economy. No more so than in the case of
Clinical Negligence.
My firm recently handled a case for a woman who had developed, over
seven days, a severe headache. She attended, on two occasions at
Accident and Emergency, at her local hospital. On each occasion
they failed to carry out appropriate investigations and in
particular on ...
Posted : 10 October 2011
Law Firm Inspires Budding Legal Eagles
A leading Liverpool law firm has been giving youngsters the
opportunity to find out more about the legal profession through a
careers scheme for primary school children.
EAD Solicitors visited Dovedale Junior School in Allerton as
part of the 'Inspire Young Minds' Career Carousel initiative,
taking place at schools across Liverpool. Organised by Liverpool
Compact Education Business Partnership, the scheme has been
designed to expand children's minds and understanding of the world
by giving them an insight into working life, as well as encouraging
their career aspirations
Partner Yvonne Rogers, marketing and business development
manager Michaela Hickson, solicitor Amy Clague, secretary Kate
Miranda and office assistant Tom Walsh joined other local
businesses ...
Posted : 07 October 2011
EAD Solicitors retain place on Spinal Injuries Association panel
EAD have again, for the third year running, met the criteria to
be included in the Spinal Injuries Association's approved list of
Personal Injury Solicitors for 2011-2012.
The Spinal Injuries Association (SIA) is the leading national
charity for spinal cord injured people, which offers support and
assistance from the time of injury and for the rest of a paralysed
person's life.
Posted : 06 October 2011
Liverpool’s fastest law team
EAD Solicitors have won Liverpool Law Society category ' Fastest
Team from The Legal Profession' in the recent 5k Team Challenge
event held on the Liverpool waterfront.
This is the third year running that EAD have won the category.
The winning team were Charles Boulton, Partner, Sarah Armstrong,
Solicitor, Chris MacNaughton, Solicitor and Tom Pye, Office
Assistant.
Posted : 06 October 2011
Employment Justice - Political Ping Pong
In his speech at the Conservative Party Conference the
Chancellor George Osborne announced a number of measures designed
to make it more difficult for workers to take their cases to a
Tribunal. The first was to extend the employment requirement. You
now have to work somewhere for 2 years before you can bring a claim
for Unfair Dismissal. This has been a case of political ping pong
over the years. Under the Wilson/Callaghan governments it was 6
months. Thatcher upped it to 2 years. Blair dropped it to 1 year.
Cameron now ups it to 2 again. I suppose that was to be expected.
It is more worrying ...
Posted : 04 October 2011
Minimum wage increases to benefit 1 million
Close to one million UK workers will welcome a boost in earnings
this Saturday, October 1 when the national minimum wage (NMW)
increases by 15p to £6.08 per hour.
This 2.5% increase in the adult minimum wage (for workers aged
21 and over) should benefit the public finances by £230 million as
tax and national insurance rates increase and the benefits bill
falls, the Low Pay Commission (LPC) calculates.
Around 890,000 people will benefit from the increase, and
according TUC General Secretary Brendan Barber, this rise will
put extra cash in the pockets of the UK's lowest-paid workers, who
"can ill afford to have their pay squeezed by inflation".
"Cuts in ...
Posted : 03 October 2011
UK speed limit to hit 80mph
The speed limit on Britain's motorways will increase from 70mph
to 80mph following announcements at this week's Conservative Party
Conference.
According to Transport Secretary Philip Hammond, a consultation
on the increase will be launched later this year with a view to
making it law in 2013.
"Britain's roads should be the arteries of a healthy economy and
cars are a vital lifeline for many," said Mr Hammond.
"This government has already scrapped the M4 bus lane, cut
central government funding for money-making speed cameras and
announced new measures to crack down on boy racers and reckless
drivers while standing up for the decent majority," he said.
"Increasing the motorway speed limit ...
Posted : 03 October 2011
Bank fraud on the rise
The UK's Fraud Prevention Service (CIFAS) has reported a massive
increase in the fraudulent misuse of bank accounts in the UK.
Despite no increase in the number of bank account frauds
actually recorded during the first eight months of 2011, CIFAS has
found a 12% increase in instances of bank accounts being
fraudulently misused.
The figures show that over 65% of all fraudulent misuse of bank
accounts relates to false or altered cheques that subsequently
bounce along with fraudulent electronic payments. Identity fraud
has also decreased slightly from same period of last year, yet this
still accounts for 47% of all bank account frauds; by far the
highest overall proportion, ...
Posted : 03 October 2011
War veteran launches amputation claim
A veteran who fought valiantly for Britain during the Second
World War is pursuing substantial personal injury compensation
after losing his leg crossing the road.
Doctors were forced to amputate 88-year-old Edwin George's right
leg after a double-decker bus collided with him at a crossing near
Harrow bus station last December.
According to the Harrow Observer, the pensioner was forced to
have his right leg removed below the knee, due to the serious
nature of his injury, which has proved "catastrophic" to his way of
life.
The accident means Mr George can no longer live independently
and has to rely on family members to help him. He is seeking
subsequent damages ...
Posted : 26 September 2011
Life changing compensation for brain damage victim
A 22-year-old woman whose life was forever altered after a
severe road traffic accident, has reportedly been awarded £3
million in personal injury compensation.
In January 2004, Vicki Hart was just 14-years-old when she was
struck by a taxi in a small Yorkshire town. The horrific accident
left her with a multitude of life threatening injuries, including
fractures to her neck and skull as well as a blood clod in her
head.
So worrying were her injuries that medical professionals feared
Ms Hart would die from the ordeal. Miraculously she survived, but
Ms Hart now requires round-the-clock care for her disabilities.
Her family, acting on her behalf, took retrospective legal
action ...
Posted : 26 September 2011
The Rise and Fall of Referral Fees!
Sometime in the early 1980s I was visited by a rather shady
looking character who offered to introduce claims for victims of
defective pavements. He showed me an impressive portfolio of
photographs of clearly dodgy flagstones with measurements. He said
that he would send clients with portfolio on the basis of a payment
of about £20 a go. Well back then I would have been less shocked if
he had asked me to streak down Matthew Street on a cold February
morning. Paying for work?? Back then you could not even put an ad
in yellow pages.
Things then changed with the development of marketing co-operatives
after ...
Posted : 23 September 2011
Chef’s widow challenges negligent driver
An award winning chef and proud father who died after being
flung from his bicycle has been honoured by his widow, who this
week launched legal action against the motorist responsible for his
death.
In 2008, Dariusz Banasiak was cycling to work when he stopped at
traffic lights controlling a junction in Streatham. As he
pulled away to go straight across the junction, a lorry driver
ploughed into Mr Banasiak, killing him instantly.
However, despite alleged negligence behind the wheel, the
vehicle's driver Ronald Herbs faced no criminal charges.
Now, Mr Banasiak's wife Anna is launching a legal battle on
behalf of her "wonderful husband", seeking compensation from Mr
Herbs and the ...
Posted : 20 September 2011
Worker awarded £21,000 over 'migraine inducing lights'
A charity worker whose daily migraines were caused by exposure
to workplace lighting has been awarded over £21,000 in
compensation.
Genevieve Bove claimed said she suffered severe headaches whilst
working at the Association of Voluntary Organisations in Wrexham,
and told her bosses but nothing was done to alleviate her pain.
According to The Daily Post, Ms Bove alleged that meetings were
sometimes held in rooms with the irritant fluorescent lighting "on
purpose", and that her condition became so severe that she was
forced to leave her job.
This month a Tribunal upheld Ms Bove's claim for unfair and
constructive dismissal, as well as a claim of disability
discrimination. In addition to ...
Posted : 20 September 2011
Financial complaints ‘on the up’
Consumer gripes over poorly performing financial services firms
went through the roof in the first six months of 2011, as
complaints rose by more than 50% and disputes over payment
protection insurance (PPI) accounted for nearly two-thirds of the
new cases.
Figures released by the Financial Ombudsman Service (FOS) show
almost 150,000 new complaints were filed over the six months to
June, almost 820 per day. The 54% increase from 97,237 in the
preceding half year was largely bolstered by issues with PPI,
accounting for 98,632 of the new actions.
During the recent PPI debacle, five banks received more than
10,000 complaints each and, racking up more than 72,000 cases ...
Posted : 12 September 2011
Compensation for roofer over gas canister explosion
A 65-year-old man has been awarded £6,000 in personal injury
compensation after a fireball from a falter gas canister engulfed
him in flames.
Ex-roofer and Northampton resident Victor Barrell was helping to
repair his daughter in-law's stable roof when the faulty canister
ignited, causing a huge fireball and forcing the retired
grandfather to jump twelve feet from the stable roof.
According to the North Devon Journal, the fireball was
extinguished by Mr Barrel's brother in law, using a hose pipe, who
described the accident as one of the "most horrific" he had
seen.
The incident left Mr Barrell needing treated at Bristol Frenchay
Hospital's specialised burns unit, and as a result, ...
Posted : 12 September 2011
Crosby junior bowls merit attracts bowlers from across Merseyside
Junior bowlers are set to gather for a major competition in
Crosby at the end of the month.
For the ninth year the Brooke Hotel will be hosting a junior
merit for young bowlers.
Sponsored by EAD Solicitors of Liverpool, the tournament is set
to be a big one with entries flooding in to the competition
organisers.
Starting at 11am on Sunday, August 28, the Brooke Hotel, on
Brooke Road will host two tournaments.
There will be under-12 and a under-16 categories for juniors to
compete in.
With a prize fund of 165 across the two age groups the event has
attracted bowlers from across Merseyside and West Lancashire.
Organisers are hoping ...
Posted : 08 September 2011
Drug Company sued over diet pills which left patients ‘suicidal’
Obese patients who took a diet pill which was supposed to reduce
their appetite are suing the drug company as the pills apparently
also had the side of effects of causing depression and even leading
to some patients feeling suicidal. The drug which is called
Acomplia has been withdrawn after the government ordered the drug
to be taken off the market about two years ago.
Sanofi-Aventis, the drug company which manufactured Acomplia is
facing a group action by some of the more seriously affected
patients which could cost more than £300,000. The government
ordered the drug to be withdrawn in January 2009 after the European
Medicines Agency which is ...
Posted : 05 September 2011
Distraught Olympic athlete claims road traffic compensation
This time next year twenty three-year-old Sonnar Murray-Brown
should have been competing for Olympic gold in dressage, but after
a car accident ruined his career, the Chichester athlete is now
chasing £300,000 in compensation.
Mr Murray-Brown was a front seat passenger in a Renault Clio
being driven by his former friend Lee Harris, when it was involved
in a head on collision with another vehicle.
The accident left Mr Murray-Brown needing an eight hour
operation to repair his badly crushed legs.
Tragically, Mr. Murray-Brown has been told by doctors that it's
unlikely he will be able to return to his favourite sport, while
plans to become a trainer are now ...
Posted : 05 September 2011
Legal action taken by sick cruise passengers
British holidaymakers who fell ill whilst on a cruise ship are
taking legal action against the cruise company, Fred Olsen.
Many of the passengers aboard the 'Boudicca' fell ill during
cruises of the Canary Islands, Europe and West Africa between 2009
and 2011.
A Birmingham based law firm which specialises in travel-related
cases is representing 138 of those who suffered severe gastric
illness whilst on board the boat. Some of these sufferers
claim that the spread of the illness was caused by poor
hygiene.
Eric Swift, 75, and his wife Margaret, 80, from Halesowen in the
West Midlands claim to have fallen ill during their time on
'Boudicca' in April this ...
Posted : 05 September 2011
Nepali Fete UK 2011
EAD Solicitors, alongside the GMB Union, were invited to attend
the 3rd annual Nepali Fete aimed at promoting harmony and
friendship between the Nepali and other communities living in the
UK by sharing their culture and tradition.
The main attractions included delicious Nepalese cuisine,
cultural dance and performances.
Nepal is home to the highest mountains on the world, the land of
the Gurkhas and the birthplace of Buddha. It is a small but
incredibly diverse country inhabited by more than 100 ethnic groups
living together in a vibrant and cohesive community.

Photo of Paul Currie ...
Posted : 30 August 2011
Making provision for children in your Will
It is important that everyone makes a Will, whatever their
circumstances. However, this is never more so than for
parents. Not only so that their children are financially
provided for but also that an election is made as to who should
care for them.
The importance of selecting a guardian for infant children is
often overlooked. There have been many cases involving
grandparents warring over the care of children. Also, in a
modern society, remarriage is common. Parents with a child
from a former relationship and a child with a new partner, need to
think carefully as to who would look after their children on their
death. People are often ...
Posted : 30 August 2011
Increase in negligence claims against UK GPs
The number of British patients launching negligence claims
against their GP has skyrocketed in recent years, with the bulk of
claims filed for wrong, late or misdiagnosis of illnesses.
According to information provided by the Medical Defence Union, the
organisation which indemnifies most GPs, some 60% of complaints
revolve around diagnosis issues, and commentators feel a number of
factors are contributing to the rise.
Some experts argue that people no longer have the close
relationship with their family doctor that their parents enjoyed.
GP visits are confined to just once a year on average, and the
personal relationships enjoyed by older generations are no longer
possible ...
Posted : 30 August 2011
Life-changing compensation for injured holidaymaker
A British woman who fell down an open manhole whilst holidaying
in the Turkish costal resort of Marmaris has been awarded
significant personal injury compensation.
This week, the Essex Echo reported how in 2006 Michelle Dragon's
life was forever changed when she fell 12 feet down the manhole in
the pool area of the Club Sarba hotel after workers failed to
replace the hazard's cover.
The "horrific" injuries suffered left Ms Dragon with a badly broken
leg and lacerations to her head. The impact was so severe that the
British holidaymaker had to undergo two operations in a hospital in
Turkey.
Now, five years ...
Posted : 30 August 2011
Compensation offered to UK riot victims
Business owners and UK residents whose livelihoods were impacted
by the recent English riots can now seek compensation through a
specially established support network.
Under the Riot (Damages) Act, even those without insurance may
be eligible for compensation if their property or premises were
damaged by rioters. Business owners also, whose stock was stolen or
damaged, could now launch a claim. However, the Act does not cover
vehicles, personal injury or loss of trade.
As a special dispensation for the many thousands affected by the
August riots, the Prime Minister has agreed to extend the deadline
for applications under the Act from 14 to 42 days.
In addition, online support ...
Posted : 22 August 2011
Sisters awarded compensation over bed bugs
Sisters Melanie Carmen and Joy McDonagh have been awarded more
than £1,600 in compensation after being attacked by bed bugs at a
top London hotel.
The pair checked into the Airways Hotel in Pimlico earlier this
year hoping to grab a full, comfortably night's sleep. However,
when they awoke the next morning they were covered in sores.
Mrs Carmen found no less than 86 bites on her body, while Mrs
McDonagh counted close to 30 bites, allegedly by creatures living
in the hotel bed linen and mattresses. The sisters were
subsequently sent to Queen Mary's Hospital in Bexley for immediate
treatment to tackle swelling and nausea.
"The bites ...
Posted : 22 August 2011
Gay partner of dead TV presenter has “no prospect of success” in removing executors
In a ruling by the Court of Appeal the partner of eccentric TV
presenter and personality, Timothy Hadcock-Mackay, lost his battle
to have the executors of his estate removed. Alexander
Torquil Mackenzie-Buist argued that the executors had "eroded" the
value of the estate.
Mr Hadcock-Mackay, a well known presenter on Channel 4 and hotel
entrepreneur, committed suicide in July 2006 leaving an estate
worth approximately £2million. The couple never entered into a
civil partnership. However, they did live together at Mr
Hadcock-Mackay's £1.2 million mansion. In his Will he made Mr
Mackenzie-Buist a substantial beneficiary of the estate. However,
Mr Mackenzie-Buist's lawyers argued that the property portfolio
left behind by Mr ...
Posted : 11 August 2011
Judge allows Court of Protection Case to be reported in “real time”
A case being brought against the local authority by the son of a
92 year old father could be reported in "real time". DJ the
adult son of SJ claims that his father has been unlawfully deprived
of his liberty whilst being detained in a care home since 22
February 2011. The son also claims that he has been denied
unsupervised access to his father.
The Local Authority contests this and argues, that the decision
to detain SJ is based on "straightforward health and welfare
matters" and "safeguarding issues". They have pointed to
bruising which was apparent on SJ's body when he was admitted to
the care home and ...
Posted : 11 August 2011
Be prepared to keep your Will under constant review
It has been estimated that approximately two-thirds of the UK
population have not made a Will. What is less documented is how
many of these keep them under regular review.
People make Wills for a variety of reasons. Often these Wills
are never or rarely revisited. A Will is the only opportunity to
set out your wishes following your death. If those wishes become
outdated or inaccurate over time, then in some cases the situation
created on death is actually worse than if there had been no Will
at all. Here are some reasons why it is important to review
your will.
A divorce means that an ex-spouse is ...
Posted : 11 August 2011
£6million Legacy to RNLI
The Royal National Lifeboat Association (RNLI) is to receive
£6million through the Will of a lady who avidly supported their
work. Barbara Morrell died at age 95 in 2009 leaving the legacy to
the charity so that it could purchase a new lifeboat for Kent. The
boat, a newly designed Shannon-class, has been named 'The
Morrell'.
Charities rely heavily on legacies in Wills. It is estimated
that in 2009 just under £2 billion was donated to charity in
people's Wills. It has been reported that the RNLI derives over
half its income from such bequests. Sue Fernley, Income and Legacy
Manager for the RNLI, said "This is a particularly ...
Posted : 11 August 2011
Law Society slams Santander’s proposed costs on conveyancers as ‘unnacceptable’
The Law Society has challenged Santander's proposal to charge
fees to existing members and new applicants of their conveyancing
panel. The scheme will mean that existing members of the
panel will be charged an annual fee of £99 plus VAT and any new
members will have to pay an application fee of £199 plus VAT on top
of the annual fee.
The Chief Executive of the Law Society Lorna Jack has already
requested that the bank enter into 'urgent talks' with the society
and has described the scheme as "an unnecessary cost burden on
solicitors and their clients".
According to a statement issued by Ms Jack in the Law ...
Posted : 11 August 2011
Police Authorities to foot bill for riot damage estimated at over £100 million
Insurers are forecasting damage of over £100 million from the
ongoing rioting but in a law classed as outdated by the Association
of Police Authorities (APA), the Riot (Damages) Act 1886 allows
these losses to be recovered from police.
The Association of British Insurers (ABI) argued that the act
had worked well for over 125 years. The Act allows insurers and the
uninsured to make claims for the cost of damage. With public
authorities facing difficult financial times the APA argued that
they should not have to foot the bill. Ann Barnes, deputy chair of
the APA, said "It seems to me a nonsense that when policing is
facing ...
Posted : 11 August 2011
Patient awarded £92,000 after botched operation
Methley Park private Hospital in Yorkshire has been forced to
pay more than £90,000 in medical negligence compensation after a
mother of two almost lost her life following a routine gall stone
operation.
This week the Manchester Evening News reported on how after
being admitted to Methley Park for the operation, 38-year-old Paula
Thomas appeared to be making a good recovery. But a few days after
surgery she was re-admitted in extreme pain.
She was later transferred to the Pinderfields Hospital in
Wakefield, where her condition became life threatening after she
suffered multiple organ failure. The High Court in London later
heard how during her initial operation Mrs Thomas's bile ...
Posted : 05 August 2011
Compensation for holidaymakers struck down by illness
The Royal Courts of Justice in London have been inundated with
compensation claims after hundreds of tourists were struck down by
food poisoning while on holiday in Turkey.
Almost 600 British tourists have sought legal representation
after they fell seriously ill at the Holiday Village Turkey resort
in Sarigerme from May to October 2009.
In February this year, The Telegraph reported on Coventry
holidaymakers Pam Price, his brother Brian and his fiancée Karen
Mateer who in 2008 spent virtually their whole holiday in their
rooms after falling ill at Sarigerme.
The 500-room hotel, offered exclusively to UK tourist by travel
agents First Choice, was the subject of an investigation by ...
Posted : 05 August 2011
Have you been mis-sold Payment Protection Insurance (PPI) on your mortgage, hire purchase agreement, loan or credit card?
People don't always realise that they have a case for PPI
compensation, particularly because PPI also comes under other names
and acronyms like:
- Accident Sickness and Unemployment cover (ASU)
- Life & Accident Sickness and Unemployment cover (Life &
ASU)
- Mortgage Payment Protection Insurance (MPPI)
- Personal Loan Protection (PLP)
- Credit Card Repayment Protection (CCRP)
- Card Protect
- Account Cover (usually found on store cards)
Have you taken out insurance against a loan, mortgage, hire
purchase agreement or credit card in the last six years When
you took out that insurance, were you told that:
- You had to take the insurance to get the loan?
- It would improve your chances of getting the loan?
- Did you not even know ...
Posted : 04 August 2011
Wheelchair bound driver receives road traffic compensation
A middle-aged woman who was confined to a wheelchair following a
head-on collision in 2009 has been awarded substantial, yet still
undisclosed compensation.
The unnamed 48-year-old female's life was forever changed after
a major collision in Basildon back in December 2009. Her
resulting injuries were so severe that she is now confined to a
wheelchair and needs round-the-clock medical care.
The crash, which resulted when an elderly man drove straight
into the injured party's vehicle, claimed the life of the other
driver involved and shut down the scene for hours afterwards.
According local newspapers, the claimant had to be taken to
Queen's Hospital in nearby Romford via air ambulance for
life-saving ...
Posted : 19 July 2011
Teenager seeks £200,000 in negligence claims
A teenager has filled for legal action against her GP on the
grounds of clinical negligence after contracting a rare bone
disease which was not properly diagnosed.
Gaynor Salmons is chasing close to £200,000 in compensation
after issuing a writ to the High Court claiming that she contracted
rare bone disease mastoiditis because her doctor failed to properly
diagnose and treat her persistent ear infections.
According to This is Wiltshire, as a result of this alleged
negligence, the 18-year-old now suffers from "extensive visual loss
and hearing loss", as well as regular headaches.
Her Dr Kevin McBride - who practices in Warminster - has since
revealed that her burst ear ...
Posted : 19 July 2011
Group launch road traffic accident claim
Five survivors of a major road traffic accident have lodged
claims for personal injury compensation in Wales, it has been
reported.
In the summer of 2006, the five claimants were involved in a
tragic pileup on the M4 motorway near Pencoed, Wales, which left
one woman dead and many others injured.
The accident occurred as six people were travelling back from a
trip to the Skanda Vale Hindu temple in a seven-seat Mitsubishi
Pajero vehicle, which suffered a tire blow-out.
According to eyewitness accounts, the small car flipped "at
least ten times" and resulted in one passenger, Neha Bhatt, passing
away from her injuries.
The five survivors have now launched damages ...
Posted : 19 July 2011
MoD ordered to payout over asbestos incident
The Ministry of Justice (MoD) is set to award three families
more than £1m in industrial disease compensation, newspapers have
revealed.
Upon instruction from the High Court, the MoD has been ordered
to pay six-figure sums to the largely unnamed families after
members of each contracted asbestos-related illness mesothelioma
with tragic consequences.
According to the Daily Mirror, one of the victims, Richard
Rouse, passed away at the age of 53 after he contracted the
asbestos-related disease following daily contact with the substance
while living at an RAF base in Essex as a child.
Mr Rouse's widow, Sally told the news source that her husband's
death has "ripped our family apart", but ...
Posted : 19 July 2011
SIA challenge justice bill
The Spinal Injuries Association (SIA) has mounted a High Court
challenge to controversial Government plans to reform No Win No Fee
agreements, saying Ministers have failed to consider properly the
devastating impact its proposals could have on disabled people.
The Spinal Injuries Association (SIA), which represents the UK's
40,000 spinal cord injured people, says Justice Secretary Ken
Clarke's plans in his Legal Aid, Sentencing and Punishment of
Offenders Bill would be like 'going back in time' and have not been
properly thought through.
Ministers' reforms of the No Win No Fee system - or Conditional
Fee Arrangements - include plans to force victims to pay some of
their legal fees ...
Posted : 06 July 2011
Widow launches industrial disease claim in husband’s memory
The widow of a former joiner who committed suicide after
contracting mesothelioma has launched a £200,000 industrial illness
compensation claim in memory of her late husband.
Mesothelioma sufferer Christopher Duck worked as a joiner at
Blackpool Pleasure Beach between 1989 and 2000. During this 11-year
career he worked closely with asbestos-based material, leading to
his fatal condition.
According to the Blackpool Gazette, Mr Duck was diagnosed with
the condition last year and later committed suicide due to his
grief at contracting the potentially-fatal disease, after falling
into a "state of despair" after being informed of his condition
mesothelioma.
As a result, Valerie Duck is seeking damages of up to £200,000
from the ...
Posted : 04 July 2011
Disabled toddler awarded £6m clinical negligence compensation
A young boy left severely disabled after complications during
his birth has been awarded £6 million in clinical negligence
compensation.
According to Your Local Guardian, the unnamed six-year-old was
left physically paralysed after mistakes made by medical
professionals at Epsom Hospital in December 2004.
The child was delivered via a caesarean procedure after
difficulties encountered during labour. However, because this
decision was delayed by staff at the hospital, the child now
sufferers from cerebral palsy.
With the help of legal representatives, the boy's mother
launched legal action against Epsom and St Helier University
Hospitals NHS Trust, and London's High Court has now ruled that a
seven-figure sum, thought to be in the ...
Posted : 04 July 2011
Meningitis victim awarded £4.3m compensation
A young woman who now suffers from major mental health issues
after the misdiagnosis of her meningitis has been awarded £4.3m in
clinical negligence compensation.
Natalie Tuthill's daily life is a gruelling battle thanks to
"uncontrollable" bouts of epilepsy - the consequence of a viscous
fight with meningitis earlier in her life.
According to her legal team, the 21-year-old is unlikely ever to
work again after medical professionals at Hull Royal Infirmary
failed to diagnose her "catastrophic" case of meningitis quickly
enough.
Natalie was admitted to the hospital as a baby but it took
doctors two days to diagnose a severe case of bacterial meningitis,
before she then underwent extensive brain ...
Posted : 27 June 2011
Disabled man launches six-figure personal injury case
A taxi passenger who was left permanently disabled when a car
door slammed into his head has launched a personal injury claim to
the tune of £300,000.
In May 2008, James Stokoe sustained a severe brain injury when
the door of the taxi he was travelling in collided with his
head.
Mr Stokoe got out and, after being sick, continued the journey
and was later dropped off on Park Lane, Darlington, near to his
home. At around 4.30am that night he was found lying on the
pavement unconscious and close to death.
The 26-year-old subsequently needed two operations on a
fractured skull and bleeding to his brain, which has left ...
Posted : 27 June 2011
Barclays to facilitate PPI refunds
Tens of thousands of customers mis-sold Payment Protection
Insurance (PPI) look set for compensation from major bank
Barclays.
PPI was sold to cover the cost of repaying loans, credit
card debts and overdrafts if people fell sick or lost their job.
And this week Barclays became the first establishment embroiled in
the PPI scandal to offer "no quibble" refunds, averaging £2,500
each, to customers previously mis-sold PPI.
Barclays, which faces a £1bn bill, has revealed that
customers who lodged a complaint before April 20 will be
automatically reimbursed. They will receive the full value of
premiums plus 8% interest by August 31.
According to experts, the pressure is now on those ...Posted : 20 June 2011
Boy wins appendicitis payout
A teenager from Somerset has been awarded £28,000 after
misdiagnosed appendicitis almost cost him his life.
Thomas Roberts was just eleven years old when he was
admitted to Bristol's Children Hospital suffering from intense
stomach pains, the Bristol Evening Post reported this
week.
Thomas was misdiagnosed with a urinary tract infection and
gastroenteritis that day and given pain killers before being
discharged from the hospital. However, his condition worsened that
night before being rushed to the hospital a day later with a burst
appendix.
After recovering from his illness, Thomas sought legal
advice on filing a claim for clinical negligence compensation from
The Bristol Childrens Hospital on grounds of medical
negligence.
At London's High ...Posted : 20 June 2011
Pedestrian awarded compensation over manhole cover
A Yorkshireman who tripped on a manhole cover whilst walking
through his local park has been awarded personal injury
compensation after badly damaging his leg.
According to the Yorkshire Post, Keith Unwin was walking through
Gleadless in Sheffield last February when he tripped over a manhole
cover. The cover was out of sight due to the area being
poorly maintained by the local council, and as a result Mr Unwin
fell to the ground, damaging his leg and shin in the process.
Sheffield Council had not met its responsibility to maintain the
public area, Mr Unwin's legal team argued, but the Council denied
liability for his injuries, stating that ...
Posted : 20 June 2011
Would you accept a bunch of flowers to say sorry or use a specialist Road Traffic Accident solicitor instead?
Our client Mrs B was alighting from a bus when the driver moved
off before she had managed to reach the pavement and she was pulled
underneath the vehicle. Within days of the accident, she received
an offer of £1000 compensation from the bus company and was sent a
bunch of flowers.
Fortunately, Mrs B was recommended to EAD Solicitors, who
specialise in road traffic accidents and we advised her to pursue a
full personal injury claim. Several months after the accident, Mrs
B is still receiving medical care and has recently been told she
requires a hip and knee replacement as a result of her injuries.
£1000 from ...
Posted : 16 June 2011
London crash victim seeks major PI compensation
A Londoner whose face was severely damaged after a road traffic
accident in a black cab has launched a claim for more than £300,000
in personal injury compensation.
In February 2010, John Falk was travelling through London's
wealthy Mayfair borough when the taxi he was travelling in collided
with a central reservation. As a result of the impact, Mr Falk
required "major reconstructive surgery" on his face, the Evening
Standard reported this week.
Mr Falk's injuries to his face were extensive, including the
loss of 70% of vision in his left eye, a fractured nose and broken
teeth while emergency surgery was needed to relieve pressure on his
head immediately ...
Posted : 10 June 2011
Girl awarded seven-figure clinical negligence compensation
A young girl, who lost both her legs after a severe illness, has
been awarded £2 million in clinical negligence compensation after
successfully proving that her medical care was insufficient.
Eight years ago, Lydia Cross' parents rang their local GP after
their daughter reported feeling unwell. However, instead of
being told to seek a physical diagnosis by the GP, her parents were
instead given advice over the phone.
The Cross' legal team argued that as a result of the GP's
actions, Lydia missed out on immediate medical treatment, leading
to the amputation of both her legs once the illness spread.
According to the Daily Telegraph, Lydia, who is now
ten-years-old, ...
Posted : 10 June 2011
Speke Hall Oakfield Centre
On Friday 27th May, EAD Solicitors sponsored a group of students
from the Oakfield Centre, a day centre in Anfield for adults with
learning disabilities, to visit a local National Trust property,
Speke Hall. The trip was arranged by the Laura Walsh of The
Oakfield Centre to provide the students with an awareness of what
places of interest are available to visit in their area. More trips
are planned over the summer to other local venues, with the
students then presenting to an audience about what they have
learnt.
The first visit was to Speke Hall in Liverpool. The whole group
enjoyed the trip which was made ...
Posted : 02 June 2011
World Corporate Cup
Over the 20th - 22nd May 2011, a team from EAD Solicitors
entered the World Corporate Cup to play at Anfield, the
iconic home of Liverpool Football Cub. EAD pitted its
wits against some of the biggest companies in the world such as
KPMG, Vodafone and Google and also against local
businesses. In our group were O2, Mersey Travel and
Medicash.
In the first game, we narrowly lost 1 - 0 and were unlucky
not to equalise with a last minute free
kick from Chris MacNaugthon!
In the second game against 02, after dominating the first half
and forcing their goal keeper into save after save, we could not
convert our chances and let two sloppy goals in.
Our third ...
Posted : 31 May 2011
Businesswoman awarded £6m after ‘botched’ facelift
This week a leading judge awarded a former senior civil servant
£6,190,884 in compensation after a plastic surgeon "played god"
with her life.
Penny Johnson suffers from a permanent facial twitch after a
botched facelift conducted by Dr Le Roux Fourie severely disfigured
her. Consequently, Mrs Johnson, 49, claims her job security and
future earnings have been forever damaged.
"My face is constantly contracting," Mrs Johnson told the court
this week. "I don't sleep and I have a permanent buzzing around my
eye which can be so intense that I can't think about anything."
Mrs Johnson also explained to the court how the operation has
left her distanced from her ...
Posted : 31 May 2011
Beauty and the botch
Katy Link of leading Liverpool law firm EAD Solicitors has made
it her business to tackle head on bad beauty treatment. A member of
the Association of Personal Injury Lawyers (APIL), Katy offers her
advice on making a claim if you've suffered because of botched
beauty therapy
We all do it. We book an appointment at a beauty salon full of
optimism. It's a treat to look forward to and we visualise
ourselves afterwards, feeling and looking stunning. Unfortunately,
if something goes wrong, the end result can
be the exact opposite. 'Legal compensation isn't just for major
cosmetic surgery disasters,' says Katy. 'If you've ever ended up
feeling disappointed, embarrassed, ...
Posted : 24 May 2011
Surrey facelift woman Penny Johnson awarded £6m damages
A woman has won more than £6m in damages against a plastic
surgeon who she said "played God" with her life.
Penny Johnson, from Godstone, Surrey, brought the High Court
case against Le Roux Fourie who she said carried out "experimental
surgery" in 2003.
The businesswoman said she suffered nerve damage in a facelift,
which led to her financial and IT consultancy business going into
administration.
Mr Fourie admitted liability but denied the surgery in Leeds was
experimental.
At the High Court, sitting in London, Mrs Johnson asked Mr
Justice Owen to award her a proportion of the £54m she said was her
potential loss, as a 50% shareholder, when Bishop ...
Posted : 24 May 2011
Consumer set to receive compensation from banks
The High Court ruled earlier this year that consumers who have
been mis-sold payment protection insurance by their banks have the
right to claim compensation from them.
The court concluded that as widespread complaints had been
received about the insurance having been sold to numerous consumers
who could not actually claim under it, the banks should pay back
any premiums paid under the policies by such people, plus
interest.
Consumers should check their mortgage, credit card and loan
documentation to see if they were sold the product as it will not
always have been drawn to their attention by the banks.
Mis-selling will have occurred if the insurance was sold ...
Posted : 23 May 2011
Paralysed crash victims seeks compensation
A Londoner left forever paralysed in a recent road traffic
accident is seeking substantial personal injury compensation.
In 2010, 24-year-old Adam Smith and his friend were involved in
a major accident when their car ploughed into a brick wall. Adam's
friend, who was behind the wheel, died as a result while Adam
underwent life-changing back injuries.
Following the crash, Mr Smith had to undergo surgery on his
spine and spent a total of three months at the Royal National
Orthopaedic Hospital before doctors allowed him to return home. He
has been unable to return to work since.
According to the Waltham Forest Guardian, Adam is now pursuing a
claim for ...
Posted : 23 May 2011
Work accident victim challenges employers
A lift engineer has launched a claim for £750,000 in personal
injury compensation after an accident at work left him with broken
bones.
George Harrison was operating a lift in East Sussex when he fell
several metres three years ago, fracturing his leg and shoulder in
the process, according to the Hastings & St Leonards
Observer.
The platform he was working on gave way beneath him, causing him
to fall to the bottom of deep shaft in Hastings' Halton Heights
building. As a result, Mr Harrison took months off work to recover
from his injuries.
But in addition to his broken bones, Mr Harrison also had to
undergo complex and extensive ...
Posted : 23 May 2011
The tan junkie: so desperate for a bronze high she injects herself with an unregulated drug
Russell Jenkins, 23 April
Carolyn Arrowsmith is an exotic creature, even by the standards
of those blonde models who sip garish cocktails under a thousand
Swarovski crystals in Liverpool One's Palm Sugar Lounge, waiting
for a footballer to wander by.
The self-styled "Bad Barbie", who works in Merseyside's
tougher-than-tough market place as a glamour model and dancer, is
loud, brash, charming and belligerent in equal measure. It is not
her Alexander McQueen scarf, bottle blonde hair, pink lips,
extravagant Scouse accent or raucous laugh that stand out as much
as her ironed-on tan. It radiates a mahogany warning light.
"I am a tanorexic," she admits, giggling as she seeks
reassurance that ...
Posted : 19 May 2011
Banks put aside billions for PPI compensation
Consumers hoping to finally see the end of longstanding payment
protection insurance (PPI) issues can finally see light at the end
of the tunnel after major banks revealed that billions of pounds
has been set aside to assist with compensation claims.
This week Lloyds revealed that roughly £3.2billion has been set
aside to compensate consumers, and more than 6,000 staff have been
employed to process the claims as a consequence.
"This is a wonderful day for consumers. For once the banks have
done the right thing and backed down," said MoneySavingExpert.com
creator, Martin Lewis.
However, consumers have been warned to steer clear of a string
of opportunist business looking to ...
Posted : 18 May 2011
Seven-Figure compensation for disabled boy
The family of a young boy left permanently disabled after gross
mistakes by medical professionals during his birth has been awarded
a staggering £4.6million.
Six-year-old Shane Barrett's daily life is consumed with medical
care as a result of the cerebral palsy he suffered through no fault
of his own.
Midwives at Queen Elizabeth Hospital in King's Lynn allegedly
mistook Shane's mother's heartbeat for that of the baby, thereby
not noticing when the Shane's heart had stopped beating.
Shane's brain was therefore starved of precious oxygen, leaving
him with lifelong disabilities.
Mainstream news sources this week revealed that Shane's family
have successfully pursued the Queen Elizabeth Hospital for damages,
to the tune of ...
Posted : 18 May 2011
Teenagers awarded clinical negligence pay-outs
Two teenagers who blamed doctors for their disabilities after
botched heart operations have been awarded £500,000 each in
clinical negligence compensation, the BBC has revealed.
Solicitors working on behalf of Jessica Johnson and Kristian
Dixon, who now suffer from brain damage and cognitive learning
difficulties respectively, argued that surgeries at Bristol's
British Royal Infirmary lead to their life-changing
afflictions.
According to the BBC, a subsequent investigation into the
hospital's competency uncovered that between 1991 and 1995 the
mortality rate for open heart surgery on children under one in
Bristol was probably double the rate for England, and even higher
for children under 30 days.
And this week, both Ms Johnson and Mr ...
Posted : 18 May 2011
First time buyers on the up and up
In a positive sign for the sellers in the UK housing market, the
number of people hoping to get on the property ladder has reached
its highest level for 12 months, according to new research.
As first-time buyers brace themselves for an expected increase
in house prices, property website Rightmove discovered that just
over 26% of people who expect to buy a property during the coming
year were first-time buyers.
According to experts, the increase is the result of many
first-time buyers anticipating house prices increases during the
coming year in the wake of worsening interest and inflation rates.
33% of those surveyed by Rightmove predict a rise in ...
Posted : 18 May 2011
Asbestos warning for York homeowners
Investigations into properties in York have uncovered a
worryingly high and lethal presence of asbestos within the
city.
According to experts, residents living in the hazardous area may
be affected by asbestos-related illnesses and should ensure they
seek medical attention.
The officials from the City of York Council revealed that the
material is present in dozens of homes in the Nunnery Lane estate.
Therefore, the local authority has stated that workers will be sent
in to the affected properties in order to remove the substance.
"The council will be doing everything to minimise any risks and
to remedy the situation as swiftly and safely as possible," said
Steve Waddington of City ...
Posted : 18 May 2011
£3.6Million awarded to car crash victim
The victim of a life threatening car accident has been awarded
more that £3million in compensation after suffering a brain
injury.
In June 2008, Andrew Chin was parked up in a lay-by on the A55
when a second vehicle ploughed into the back of him travelling at
70mph.
The impact threw Mr Chin's car forward as he smashed his head
into the steering wheel. The impact left him with severe brain
damage, brought about by bleeding internally, and brain swelling.
He underwent two weeks on a life support machine and his injuries
were so severe that he was given just a 1 in 10 chance of
survival.
But despite making a ...
Posted : 18 May 2011
Charities losing out by increase in challenges to wills
Many charities are hoping that the Inheritance Tax incentives
announced in this year's budget for leaving money to charities in
Wills will encourage more people to leave gifts to charity.
However, whether charities will benefit as much as they hoped is
put into question by figures showing that more and more family
members are taking to the courts in an attempt to contest such
charitable gifts.
Family members and those who were fully or party financially
maintained by the deceased have the right to go to court to contest
a Will under the Inheritance (Provision for Family and Dependants
Act) of 1975 if it does not make reasonable provision ...
Posted : 09 May 2011
Children’s car insurance policies could be illegal
The price comparison site 'moneysupermarket.com' has published
figures showing that many parents are unknowingly breaking the law
when signing up for car insurance.
The figures show that more than fifty per cent of drivers add
their children as second named drivers on their insurance policies,
rather than the child taking out a policy in their own name in
order to save on premiums, known as "fronting". However it is
illegal to do so and constitutes insurance fraud.
If the fraud is discovered by the insurance company, the
insurance policy is likely to be invalidated and the child and/or
parent in question, to be found guilty of driving without
insurance.
What's more, ...
Posted : 09 May 2011
Clarification given of the effective date of termination of an Employee’s contract of employment
The recent decision in the Employment Appeals Tribunal of
Wang v University of Keele has given
useful guidance on how to calculate the effective date of
termination of an employee's employment.
The effective date of termination (EDT) is the date that an
employee's contract of employment comes to en end after any notice
period has been worked or pay in lieu of notice has been
legitimately given. This is an important date as it
determines when various employee rights, such as the right to claim
unfair dismissal or redundancy, begin to accrue or rights given by
the contract of employment are terminated.
Where notice of an employee's dismissal is not ...
Posted : 09 May 2011
Consultation to begin desirability of UK bill of rights
The Government has established an independent commission to
research and report on the pros and cons of creating a UK Bill of
Rights to better implement the obligations contained in the
European Convention on Human Rights.
At present, the Convention is implemented in the UK by the Human
Rights Act of 1998 and policed ultimately by the European Court of
Human Rights in Strasbourg. However, the current system has been
criticised by many, including David Cameron, as lacking in
democratic legitimacy and content. The commission is also due to
look at possible reforms of the European Court system in readiness
for the UK taking over chairmanship of the Council ...
Posted : 09 May 2011
Firm guilty of sex discrimination for unreasonably favoring female employee on maternity leave
The employment appeals tribunal has ruled that it is
discriminatory to unreasonably favour a female employee who is on
maternity leave over a male colleague.
The case involved a redundancy situation where the employees
were scored on various criteria to establish which of them should
be made redundant. The employee on maternity leave was given
top points for receiving quick payment from clients despite there
being no recent figures to base the scoring on. She therefore
scored higher than her male colleague who was made redundant.
The employment appeals tribunal ruled that giving the female
employee a notional top score whilst the male employee's actual
figures were used for the ...
Posted : 09 May 2011
Important European decision on annual leave awaited
The European Court of Justice is currently considering whether
annual leave entitlement can be terminated or whether it will
continue to accrue and be carried forward indefinitely whilst
employees are on long term sick leave.
The case in question, KHS AG v Winfried
Schulte, involves an employee on long term sickness leave
who has accrued several years' of holiday entitlement. The UK
Working Time Regulations already need to be amended to take account
of recent European judgments stating that paid annual leave does
continue to accrue during sick leave, that employees can take
annual leave whilst off sick and can carry forward annual leave
that they have scheduled if they ...
Posted : 09 May 2011
Ministry of justice pilots and police video evidence scheme
The Ministry of Justice is piloting a scheme to enable police
officers to give evidence in court through video link, to reduce
time spent away from the station.
If the scheme is deemed successful, it will be introduced on a
national basis. The pilot will need to deal with how exhibits such
as police notebooks will be dealt with as these need to be
inspected by those present in the courtroom.
A similar type of pilot scheme was tested in 2009 when the
Ministry of Defence concluded that the costs involved in hearing
defendants' initial evidence via video link from the police station
were greater than any potential savings.
However, ...
Posted : 09 May 2011
BBA abandons PPI challenge
Mortgage Solutions | 09 May 2011 | 09:22
IFAonline
The British Bankers' Association (BBA) has drawn a line
under its legal fight to avoid PPI mis-selling payouts.
Last month, the High Court ruled banks must look
again at hundreds of thousands of PPI cases, rejecting a judicial
review brought by the BBA against the FSA.
The BBA had indicated it may appeal but today's decision
to admit defeat means consumers could be in line for billions in
payouts for being mis-sold the policies.
In a statement, the BBA said: "In the interest of
providing certainty for their customers, the banks and the BBA have
decided that they do not ...Posted : 09 May 2011
Law Firm Announces Management Changes
Leading Liverpool law firm EAD Solicitors has announced some key
management changes taking effect from 1 May.
EAD's Steve Cornforth, who is also vice president of Liverpool
Law Society, becomes new senior partner. Mike Sexton moves from his
role as senior partner to take over from Garry Abrams as managing
partner.
Commented Mike: "Since I became senior partner in 2008 it's fair
to say that all businesses have experienced challenging times. EAD
has come through this and remain in a strong position.
"The legal sector now faces even greater demands. The Legal
Services Act will allow alternative business structures to operate
from 6th October this year, increasing competition for legal
services. ...
Posted : 03 May 2011
Pothole compensation for injured cyclist
A Yorkshire man thrown from his bicycle after his front wheel
got lodged in a pothole has been awarded £2,000 in personal injury
compensation.
In 2008, 52-year-old keen cyclist Peter Lodge needed treatment
for cuts after the accident near his home in Hebden Bridge.
According to his solicitor, the pothole had formed around a
Yorkshire Water valve, creating a gap between the metal box and the
road.
"Unfortunately, the condition of the road between Hebden Bridge
and Todmorden presents a serious threat to cyclists as it is full
of potholes and is badly surfaced," said Mr Lodge.
"While this is obviously unpleasant for drivers, cyclists not
only risk having a nasty ...
Posted : 03 May 2011
Personal Injury Compensation for collapsed shop ceiling
In one of the more unusual personal injury cases in recent
months, a Nottinghamshire consumer has won substantial damages from
a household retailed after a ceiling collapsed on his head.
In 2010, 38-year-old Brian Hemmings visited a local Co-operative
branch in order to top up his gas card. But as he entered the
establishment, he was suddenly struck by debris from the crumbling
ceiling, leaving him with severe cuts and bruises.
"Clearly, you don't expect the ceiling to fall in when you pop
into your local corner shop - it was quite a shock at the time,"
said Mr Hemmings.
The ceiling was in such a state of disrepair ...
Posted : 26 April 2011
PPI: banks lose battle against FSA
Britain's banks have lost their fight against tighter rules on
the sale of payment protection insurance (PPI) and face a bill
estimated at £4.5bn.
A High Court judge ruled against the banks in a challenge
brought over new regulations to control the selling of payment
protection insurance (PPI) to borrowers.
Mr Justice Ouseley, sitting in London, was told at a hearing in
January that the regulations could cost the industry £4.5
billion.
He announced his decision today in an action brought by the
British Bankers' Association against the Financial Services
Authority (FSA) and the Financial Ombudsman Service over the
principles and guidance which came into force in December.
Lord Pannick QC, for ...
Posted : 21 April 2011
Driver seeks compensation after colliding with horse
In one of the country's more unusual personal injury
claims in recent memory, a driver who sustained a severe back
injury after ploughing into a horse is seeking a seven-figure
compensation settlement.
David Owen was driving along the A46 one morning in
February 2008, when he collided with a horse that had strayed from
a farm in Evesham.
According to a recent article in lifestyle magazine Horse
and Hound, the horse was propelled on top of his car, crushing him
within and breaking his neck in four places. In addition, Mr Owen
suffered serious damage to his lower spine that will forever leave
him in pain.
Subsequent surgery could not alleviate ...Posted : 19 April 2011
PPI complaints surge in late 2010
UK banks have come under severe criticism
from consumer watchdog Which? after it emerged that payment
protection insurance (PPI) claims drastically increased in late
2010.
According to figures released last week by the Financial
Services Authority (FSA), the number of PPI made by consumers rose
by 63% in the final six months of 2010.
Reacting this week, Which? lambasted the UK's banking
system, claiming "a 63% increase in the number of PPI complaints
shows the widespread mis-selling that's been going on for years,"
according to Chief Executive Peter Vicary-Smith.
"With almost half a million PPI complaints made in six
months, the industry has to stop trying to wriggle out of its
responsibility ...Posted : 19 April 2011
Compensation for botched breast cancer patients
More than twenty women have successfully challenged a
Yorkshire hospital after a series of botched breast cancer
operations, according to the Yorkshire Post newspaper.
Almost £1.2 million in medical negligence compensation was
issued to twenty six women recently, an average of £45,000 each in
damages, after undergoing mastectomies and reconstructive surgery
at Barnsley Hospital, subsequent to being diagnosed with breast
cancer.
The Yorkshire Post revealed that patients had taken
umbrage with the work of Barnsley surgeon Puvaneswary Markandoo.
The specialist was called into question after a slew of women
suffered severe problems following surgery, including infections,
scarring from stitches. In one particular case, stitches burst,
leaving the patient in agony.
Of the twenty ...Posted : 18 April 2011
Compensation awarded to BT explosion victims
A gas explosion in the centre of Shrewsbury, which demolished
houses and injured several members of the public, was at the centre
of a major personal injury case in recent weeks.
In January 2010, residents of Shrewsbury were shocked when an
explosion near the town centre ripped through nearby buildings,
injuring a dozen people in the process. Reports show that some
people were either thrown from buildings or buried in debris.
Now, more than one year later, those injured parties are to be
compensated by the organisations responsible - the National Grid
and BT.
According to the BBC, an investigation conducted by the Health
and Safety Executive (HSE) determined that ...
Posted : 18 April 2011
Trainee teacher seeks personal injury compensation after severe fall
A trainee teacher knocked
unconscious after a severe fall outside her workplace is now
seeking compensation and encouraging other victims to follow
suit.
Earlier this month, Local
newspaper This Is Kent reported on the case on Lisa Kelly, a
trainee teacher from Davington, who slipped whilst on her way to
the shops last year.
Early one morning, Ms Kelly
came across a set of road works erected around a gas repair job.
She claims that equipment belonging to Southern Gas Networks was
strewn across the pavement, and with no sign of supervision, the
dangers such equipment was not made clear to the public.
As ...Posted : 18 April 2011
Liverpool Lawyer Celebrates 50 Years in Practice
A Liverpool solicitor has reached the milestone of achieving 50
years in practice, making him one of the most experienced lawyers
in the city.
Brian Morris, 81, who has been a consultant at leading Liverpool
law firm EAD Solicitors for many years, was admitted on 11 April
1961.
Since then, he has developed a breadth of knowledge in all
aspects of commercial property and licensing as well as extensive
experience in dealing with planning disputes.
Said EAD's senior partner, Mike Sexton: "Brian is an absolute
legend at EAD - he is really highly regarded by his fellow
solicitors for his legal knowledge. We would all like to
congratulate him on reaching ...
Posted : 12 April 2011
Legal changes to the law governing uninsured drivers could adversely affect fleet owners and leasing businesses
New laws to tackle uninsured drivers could result in increased
administrative costs and burdens on fleet companies and vehicle
leasing businesses.
The changes, due to be implemented later on in the Spring, will
introduce a new offence of keeping an uninsured vehicle.
Liability will fall on the registered keeper of the vehicle,
which could be the leasing company or fleet operator, even though
they will not have control or physical possession of the vehicles
that are leased out.
Such companies will need to ensure that those in possession of
their leased vehicles inform them of any changes to their drivers'
insurance policies, so that they can keep a check on ...
Posted : 11 April 2011
Supreme court ruling on experts’ Immunity in court proceedings
The Supreme Court judgment last week in the case of Jones v
Kaney [2011], has removed the immunity of expert witnesses
from civil actions being brought against them as a result of the
evidence that they give in court cases.
In the past, expert witnesses have been protected from actions
brought against them by their clients for breach of their
professional duties owed to them, so that they would not be
inhibited from performing their overriding duty to the court.
However, the Court in Jones v Kaney did not think
that such an argument was convincing grounds for upholding the
immunity and stated that lifting it would serve to ...
Posted : 11 April 2011
Inheritance case – Judgment given in favour of daughter
The Court of Appeal has reversed a ruling of the High Court to
allow the estranged daughter of a woman who left her entire
residuary estate to animal charities to receive a share of her
mother's estate.
The Will made no provision for the daughter but instead left
around £486,000 to a number of animal welfare charities.
However, the daughter challenged the Will under the Inheritance
(Provision for Family and Dependants) Act, which enables family
members and people who were dependant on the deceased to apply to
Court for the Will to be amended in their favour. The Appeal Court
held that the failure by the mother to provide ...
Posted : 11 April 2011
Removal of expert witness immunity welcomed by personal injury specialist
AN HISTORIC decision to strip expert witnesses of their
400-year-old immunity from being sued in the civil courts was
welcomed by a Liverpool-based specialist in personal injury
cases.
Expert witnesses have attracted a good deal of controversy in
recent years, especially in child care and medical negligence
cases.
The decision by the Supreme Court means they will no longer be
immune from civil action if they get things wrong.
It follows a complaint by motorcyclist Paul Wynne Jones, who was
injured after he was hit by a car in Liverpool in March, 2001. He
was forced to settle for a significantly lower sum than he might
have otherwise been awarded in ...
Posted : 06 April 2011
Landmark Asbestos ruling could open compensation ‘Floodgates’
Experts claim that a recent Supreme Court in favour of survivors
of a mesothelioma victim could lead to a rapid increase in
compensation claims from other asbestos damaged workers.
The ruling involved the families of Dianne Willmore and Enid
Costello, both of whom died of mesothelioma after being exposed to
relatively low levels of asbestos.
Insurers had attempted to argue that courts should make a
decision over the legal threshold of asbestos exposure before
compensation was payable, but this was rejected by the Supreme
Court.
As a result, while workers in trades where asbestos was
widespread, such as shipbuilding and engineering, provided the bulk
of compensation claims, now office workers, teachers ...
Posted : 05 April 2011
Musician awarded seven-figure crash compensation
A musician who was out celebrating his birthday when he was
ploughed into by a drink driver while crossing the road, has been
awarded more than £1.1 million in road traffic compensation, the
Henley Standard has reported.
Londoner Tavenor Douglas, now 41, was celebrating his
35th birthday when the over the limit drunk driver
struck him, close to London's Natural History Museum.
Mr. Douglas was rushed to the Chelsea and Westminster Hospital
following the collision, where he remained in a coma for a week, he
then spent the following month on the hospitals intensive care
ward.
His injuries were numerous and severe, including a fractured
skull, brain damage, facial injuries and ...
Posted : 05 April 2011
Substantial Compensation for near-fatal fall
A roofing contractor who almost died after falling 45-foot
whilst at work has been awarded £340,000 in compensation thanks to
work of his personal injury solicitor.
Sheffield resident Timothy Kirk was working for R & K Ward
Roofing Contractors in Barnsley when he fell from the roof a
building through a skylight.
In an interview with the Sheffield Telegraph, Mr Kirk said that
the skylight was fragile and a similar colour to the roof, making
it dangerous and hard to see, leading to his life threatening
fall.
The fall left Mr Kirk in a coma for 11 days and doctors told his
family, who could not recognise him after the ...
Posted : 05 April 2011
Liverpool Law Firm Marches for the Alternative
Representatives from Liverpool law firm EAD Solicitors joined
450,000 people on the TUC's March for the Alternative in London on
26 March to protest against spending cuts.
Marching alongside Unite the Union, the EAD participants
included a mix of partners, management, solicitors and support
staff.
Said senior partner Mike Sexton, who attended the March: "As a
business we handle a lot of trade union work for Unite, the GMB and
others - as an organisation we passionately believe in employment
rights. We felt that it was important to support both our trade
union clients and their members as well as the march itself."
Added marketing manager Michaela Hickson: "We were ...
Posted : 29 March 2011
Liverpool Lawyer Highlights Case of Five Cubans held in US prisons
A Liverpool trade union lawyer has travelled to Cuba to meet
with other trade union solicitors in Havana, highlighting a
high-profile human rights case.
Tom Doherty, a founding partner of EAD Solicitors, was part of a
delegation to the Caribbean island to attend a conference of
lawyers. High on the agenda was the case of the Miami 5 - five
Cubans currently serving sentences in US prisons following their
conviction in 1998 for gathering information about US-based
terrorist groups targeting Cuba.
According to Unite, it is estimated that around 3,500 Cubans
have been killed by terrorism and over 2,000 disabled for life over
the last 45 years in acts of ...
Posted : 29 March 2011
Liverpool Half Marathon
Six staff from EAD Solicitors ran in perfect running conditions
in Sunday's Liverpool Half Marathon, with some staff
running to raise money for the Mavambo Trust in Zimbabwe
There were many impressive times for EAD runners - Sean McCann
1hr 33, Thom Vaughan, 1hr 41, Charles Boulton 1hr 46, Sarah
Armstrong 2hrs 5, Rebecca Bull 2hrs 6, Cathy Fielding 2hrs 15
and Kirsty McCardle, 2hrs 32
More than 6,300 athletes completed the 13-mile course.


Posted : 29 March 2011
Liverpool Law Firm Marches for the Alternative
Representatives from Liverpool law firm EAD Solicitors joined
450,000 people on the TUC's March for the Alternative in London on
26 March to protest against spending cuts.
Marching alongside Unite the Union, the EAD participants
included a mix of partners, management, solicitors and support
staff.
Said senior partner Mike Sexton, who attended the March: "As a
business we handle a lot of trade union work for Unite, the GMB and
others - as an organisation we passionately believe in employment
rights. We felt that it was important to support both our trade
union clients and their members as well as the march itself."
Added marketing manager Michaela Hickson: "We were ...
Posted : 28 March 2011
Sexomnia Case Success for EAD
A Defendant at Liverpool Crown Court represented by Gary
Lesin-Davis of EAD Solicitors LLP and Adam Gersch of Argent
Chambers and was found not guilty by direction of the Judge of an
offence of assault by penetration contrary to the Sexual Offences
Act 2003.
The Complainant and the Defendant who were at the time platonic
friends fell asleep fully clothed in bed. The complainant awoke in
the middle of the night to discover a sexual act being performed on
her.
When a shocked Complainant confronted the Defendant he claimed
that he had no recollection of the incident. The Complainant went
to the Police and the Defendant was arrested. In interview, ...
Posted : 25 March 2011
‘Drowned Swimmer’ Seeks Seven-Figure Compensation
A woman who almost drowned as a child and was left with lifetime
disabilities is upholding her battle for compensation more than ten
years after the incident.
In July 2000, a ten-year-old Annie Woodland was swimming at
Gloucester Park Swimming Pool when she narrowly avoided drowning.
When lifeguards finally pulled her from the water, Annie had
stopped breathing and the lack of oxygen to her brain left her with
severe learning difficulties.
Through her father, Miss Woodland, now 20, is claiming up to
£3million damages from the Swimming Teachers Association, which
arranged insurance for the firm running the class.
The case has been plagued by "deeply depressing" delays, said
Lord Justice ...
Posted : 25 March 2011
Victim seeks Police dog bite compensation
An elderly gardener unnecessarily attacked by a police dog while
tending to his allotment has filed a six-figure claim for
compensation against the police.
Greater London resident and pensioner Brian Kiddell was standing
in his allotment when a police German Shepherd, involved in a chase
across the area, bounded up to him and sank its teeth into his
ankle.
The Metropolitan Police Force have already offered Mr Kiddell
two compensation packages for the moment, described my Mr Kiddell
as "one of the most frightening" of his life.
The first offer of £2,100 was doubled a few weeks later to
£4,200, but the pensioner described both as 'inadequate' and feels
that £10,000 ...
Posted : 18 March 2011
Liverpool Law Firm Shortlisted For Law Firm Award
EAD Solicitors LLP have been shortlisted for a prestigious award
from Liverpool Law Society for the Law Firm (6+ Partners)
Award.
The Legal Awards Ceremony will take place on the 7th May
2011 at the Crowne Plaza Hotel in Liverpool where the winner will
be announced.
Posted : 17 March 2011
Case Study – Accident at work
Andrew Hesketh from our Trade Union/Personal Injury department
was able to successfully conclude a claim for one of our Union
clients recently, in spite of an opinion from an expert engineer
who was of the view that the Defendant company, the client's
employer, should not be held liable for the accident.
The Claimant was a member of Unite the Union and worked for the
Defendant company as a Press Setter. He was injured whilst changing
a tool on a hydraulic press situated in the Defendant's factory
premises.
The tool in question was in two parts, comprising of an upper
and a lower part, with pressure plates sat on top ...
Posted : 14 March 2011
Gardner awarded substantial injury compensation
Council workers across the UK have been advised to seek legal
advice in personal injury following a rare £60,000 case in
Nottingham.
This year, landscape gardener Andrew Bowler was awarded £60,000
after his solicitors successfully argued that excessive use of
vibrating tools had permanently damaged his limbs.
Once employed by Nottingham County Council, 51-year-old Andrew
Bowler worked with vibrating tools on an almost daily basis over a
period approaching thirty years.
As a result, he now suffers from the condition known as carpal
tunnel syndrome, which can lead to a variety of symptoms, including
numbness or tingling in the hands and fingers and/or damage and
weakness to the muscle tissue of ...
Posted : 11 March 2011
Families win landmark Asbestos appeal
Two UK families have won landmark compensation appeals following
the tragic deaths of loved ones to asbestos exposure.
Dianne Willmore and Enid Costello died recently after
contracting the deadly asbestos related disease mesothelioma.
Together with their families, they launched appeals for
compensation before their untimely deaths and this week
compensation was awarded in retrospect.
Mrs Costello died in January 2006, aged 74. Her daughter Karen
Sienkiewicz initially lost a county court claim to compensation
made on behalf of her late mother's estate, but won in the appeal
court.
She was said to have breathed in dust containing asbestos when
she was a secretary at a packaging factory in Ellesmere Port. The
compensation ...
Posted : 11 March 2011
Commercial Agency Compensation & Termination Risk
By Thom Vaughan of E.A.D. Solicitors L.L.P. and
Adrian Pym of RSM Tenon
Last year the case of McQuillan -v- McCormick was the talk of
the town in agency circles. This was, of course, the case of the
agents who sold Pandora jewellery and acted during the brand's
meteoric rise from obscurity to high street name.
Commentators read this case to be a departure from the leading
case of Lonsdale and predicted a fall in the level of compensation
payable to agents.
In our view such comments are incorrect and need
clarification.
Lonsdale sets out the basis of compensation payments and what
should and should not be taken into account. Paragraph ...
Posted : 08 March 2011
Disabled man awarded substantial negligence settlement
A disabled man whose life was forever changed following a
botched operation has been awarded seven-figure compensation on the
grounds of clinical negligence.
Stuart Morley suffered a burst bowel when medical experts at St
Mark's Hospital closed his bowel by mistake during an operation,
according to the Bradford Telegraph and Argus.
Prior to the incident, Mr Morley, who has learning difficulties
suffered from a form of incontinence that induces chronic
constipation. He was fitted with a colostomy bag 18 years ago at St
James's Hospital in Leeds.
However, as surgeons performed an operation ironically aimed at
removing the need for his colostomy bag, mishaps left Mr Morley
unable to pass waste ...
Posted : 07 March 2011
You could be owed thousands, but you must act now!
Have you been mis-sold Payment Protection Insurance on
your mortgage, loan or credit card?
We can claim these charges back for you
We deal with all lenders
This week it has been announced that
Welcome Finance has set aside money to compensate their customers
who were mis-sold Payment Protection Insurance (PPI).
This money is limited and will soon
run out.
Therefore it is extremely important
that you do not delay with your claim.
We can get the process started for you, so don't miss out, make
sure you claim today to avoid disappointment!
PARALYSED PEDESTRIAN AWARDED ‘LIFE CHANGING’ COMPENSATION
A County Durham man who suffered severe head injuries after
being struck by a bus while crossing the road, has won his right to
substantial compensation,
After drinking with friends, Stephen Lightfoot was walking in
Langley Park when a single-decker bus ploughed into him, launching
him across a busy road. The collision brought about serious head
injuries to Mr Lightfoot, who was left requiring round-the-clock
care after doctors at the University Hospital of North Durham
rushed to save his life.
The driver of the vehicle, Derek Kent, was captured on CCTV
looking down at a bus timetable that was on his lap seconds before
the collision and was later found ...
Posted : 25 February 2011
ASBESTOS MANAGEMENT ‘A PRIORITY IN WORKPLACES’
Employers in the construction sector have been told to carefully
monitor and enforce the removal of asbestos, following a recent
case in Nottinghamshire.
The case centred around the demolition of the former Vesuvius
works in Sandy Lane, Nottinghamshire between 25th March and 22nd
August 2008. Yorkshire-based Libra Demolition Ltd was the Principal
Contractor on the project.
A number of buildings on the site contained asbestos, the
removal of which should be declared to the Health and Safety
Executive (HSE) and carried out by a licensed asbestos
contractor.
However, during a joint HSE and Environment Agency (EA)
prosecution, Worksop Magistrates' Court heard the buildings were
demolished but no records of the safe removal ...
Posted : 25 February 2011
1500 Rally in Liverpool Against Cuts
Around 800 people marched through the streets of Liverpool on
Saturday 5th February 2011 to oppose the
governments proposed cuts. They marched to the Anglican Cathedral
for a rally which attracted over 1500 people.
30 years ago, EAD's founding partner, Tom Doherty marched
through Liverpool for the same
cause (pictured). The People's March for Jobs set
off from Liverpool on 1 May 1981 to draw attention to the plight of
the unemployed. Every day, thousands of supporters joined the core
500 marchers, culminating in a rally at Brockwell Park in south
London on 30 May.
The march was organised by the North West, West Midlands and
South East regions of the TUC
Posted : 24 February 2011
HSE to target construction sites
The Health and Safety Executive (HSE) has warned all UK
construction sites that an intensive inspection initiative, aimed
at reducing death and injury in one of Britain's most dangerous
industries, will be enforced over the next month.
HSE inspectors will arrive unannounced to ensure that sites are
managing work at height safely and that they are in good order, as
well as checking the risk of exposure to asbestos.
In 2010, inspectors visited 2,014 sites and 2,414 contractors,
issuing more than 350 prohibition notices to stop dangerous
work - much of it relating to working from height.
During the inspection initiative, HSE inspectors will be looking
at whether:
- Jobs that involve working ...
Posted : 21 February 2011
Medical negligence compensation for stillborn tragedy
A British couple whose son
was stillborn after a series of 'basic' medical errors has been
awarded a five-figure compensation settlement.
Lawyers acting on behalf of
Katie and Robert Page have said they received the undisclosed
out-of-court payment after the Worcestershire Acute Hospitals NHS
Trust accepted liability over the death of their son,
Harry.
Harry was delivered stillborn
on October 9, 2009, despite being identified as a high-risk
pregnancy.
The couple's legal
representative claimed that mistakes in Mrs Page's care, including
a decision to ...Posted : 21 February 2011
Case Report: Volvo Car Germany GmbH v Autohof Weidensdorf GmbH
The European Court of Justice has found that Agents are entitled
to compensation or an indemnity even if they commit a serious
contractual breach during their notice period.
By Thom Vaughan of E.A.D. Solicitors L.L.P. and Adrian Pym of
RSM Tenon
The European Court of Justice has boldly found that a commercial
agent is entitled to payment of an indemnity under the European
Commercial AgentsDirective even if the agent commits a breach after
notice of termination is given but before the termination becomes
effective. This is so even if the breach would have justified
immediate termination of the contract by the principal if it had
been committed before notice of ...
Posted : 14 February 2011
Law Society Management Conference
EAD's Managing Partner Garry Abrams and Marketing Manager
Michaela Hickson attended the Liverpool Law Society's Management
Conference on 10th February 2011.
This was a landmark conference focussing on the many changes
affecting the profession at present, most of which have been
reported on in trade press.
Delegates were welcomed by EAD's Deputy Managing Partner Steve
Cornforth who is this year's Vice President. In his opening remarks
Steve talked about the challenges of the year ahead and the need to
think about how legal work will look in a year's time.
Posted : 14 February 2011
Recent case highlights the need to tackle workplace stress
A former prison officer has been awarded thousands of pounds in
damages by a tribunal for post traumatic stress disorder caused by
his employer.
The officer had worked as a prison officer for fifteen years
when he was told that he was required to attend 'therapeutic
community sessions' with sex offenders. The sessions involved sex
offenders relating the details of their crimes for therapeutic
reasons, with the prison officer having to listen to them in an
'intense and high pressure environment'.
As he had no qualifications or experience in therapy, he found
this to be extremely disturbing and stressful, leading to him being
diagnosed with post traumatic stress disorder.
However the ...
Posted : 14 February 2011
Ex-Employee wins right to seek injury compensation
A former Royal Air Force (RAF) employee has won the right to
seek personal injury compensation after a workplace team-building
activity left him paralysed.
Cornishman Robert Uren was just 21-years-old when he broke his
neck after jumping into an inflatable pool in 2005, as he and his
colleagues were taking part in an It's A Knockout style game at the
High Wycombe base of the RAF.
Unbeknownst to Mr Uren, the pool had just 46cm of water to dive
into and his dive would have lifelong ramifications. His long
lasting injuries mean he will need a wheelchair for the rest of his
life and an initial claim for £6 ...
Posted : 14 February 2011
Care home patient awarded substantial negligence compensation
Patients in care homes throughout the UK have been reminded that
clinical negligence compensation is available in the event of staff
mishaps. The advice follows a recent case in which a female care
patient was severely and unnecessarily scalded.
Jeanette De Bono was living at Eight Ash Court nursing home in
Essex as a result of her genetic disorder Rett Syndrome when she
suffered 40% burns to her body in August 2002.
Staff attempted to bathe the 28-year-old but failed to notice
that the water was far too hot before lowering her in. When Ms De
Bono struggled, staff tragically mistook her distress for an
epileptic fit and held ...
Posted : 14 February 2011
Major Compensation for Crushed Worker
A factory worker whose hand was crushed after being dragged into
machinery has been awarded £300,000 in compensation.
Kendal paper manufacturer James Cropper Plc was forced to
compensate employee Wayne Miller after the accident left Mr Miller
permanently disabled.
He suffered serious crush and burn injuries to his left hand and
forearm after attempting to fix a machine only for his sleeve to
get caught in its workings. His hand and arm were dragged in and a
skin graft from his hip was later needed to mask his extensive
injuries.
Solicitors working on behalf of Mr Miller found that employees were
given no written safe working practice for ...
Posted : 07 February 2011
Injured employee awarded £500,000
A male worker has been awarded in excess of £500,000 in personal
injury compensation after becoming temporarily paralysed following
a workplace fall.
Home and Retail Deliveries driver, Colin White, has been told by
medical experts that he will never work again following an incident
in York in 2005 which saw him fall from his vehicle, according to
the York Press.
As Mr White stepped backwards on to the lift, he found it had
been moved and he fell, hitting the back of his neck on the
metal.
The 53-year-old was provided with a van that had a tail lift
after joining his employers, but he had not been trained to ...
Posted : 28 January 2011
Disabled child awarded substantial medical compensation
An eight-year-old boy's family have been awarded more than
£6million in compensation after he was born with severe health
issues in 2002.
According to the Times, the child's parents, Earnie and Janet
Kramer, received the sum from the Barnet and Chase Farm Hospitals
Trust - which runs two medical institutions and offers treatment to
some 500,000 people in North London - after their son Theo was born
with learning difficulties and quadriplegia.
Theo's difficulties resulted after a student nurse was
reportedly left in charge of the birth procedure at the Edgware
Birth Centre and subsequently failed to recognise a heart rate
deficiency in the child during his delivery. Additional
delays in ...
Posted : 28 January 2011
Cowboy will writers Stride back into Town
Cowboy will writers Stride back into Town
The UK's continuing issues with unregulated will writers have
resurfaced this month as surveys show a drastic increase in the
abuse of clients.
The Society of Trust and Estate Practitioners (STEP), which is
calling for all will writers to be regulated to prevent the abuse
of clients, found that two of the biggest problems facing consumers
are theft from estates by administrators and hidden fees, which
inflate the price of having a will written to £1,500 in some
cases.
According to STEP, many will writing and estate planning firms
have no insurance or a compensation fund, and many more don't have
professional Trust and ...
Posted : 28 January 2011
A word of warning to victims of road traffic accidents...
A recent study has shown that a growing number of
insurers are contacting people directly in an attempt to get them
to settle an injury compensation claim as soon as
possible.
Many insurance companies contact their customers with
tempting financial offers to settle an injury compensation
claim just hours after an accident has taken place.
Although the promise of a quick settlement may initially
appeal, it also means that you miss the opportunity to
seek proper legal advice, which can have more serious repercussions
in the future.
One of our clients was recently offered a payment by
her insurance company shortly after being involved in an accident.
She was tempted to accept their offer of £1700,
but decided to seek legal advice from a qualified
personal ...Posted : 28 January 2011
Freelancer wins IR35 case
A freelance engineer has finally succeeded in a longstanding,
seven-year dispute with HMRC over his employment status.
The contractor worked, through his limited company MBF Design
Services, as an engineer for Airbus. HMRC argued that he was using
his contractor status as a sham to avoid tax. However, the
employment tribunal ruled this week that his employment arrangement
did in fact constitute that of an independent contractor and not an
employee.
The deciding factor in the case was the lack of "mutuality of
obligation"- meaning that Airbus did not have to provide the
contractor with ongoing work and the contractor did not have to
accept any work. The following facts ...
Posted : 25 January 2011
Recent personal injury cases
The widow of a chemistry lecturer who died from an asbestos
related form of cancer has reached a settlement with the lecturer's
former employer, York St John University. After it was established
that the experiments that he conducted with asbestos were
responsible for his condition, the University eventually offered a
payout to Jim Sellwod's widow, Mary.
In another case, the parents of children who contracted e-coli
as a result of visiting Godstone open farm, have learned that the
farm does not intend to contest liability for personal injury,
following reports that there were numerous failings in its handling
of the e-coli outbreak. The group of parents bringing the case ...
Posted : 24 January 2011
Mesothelioma compensation for grieving family
A family still mourning the loss of their beloved father to
deadly asbestos-related illness mesothelioma has been awarded
compensation by his former employers.
Denis Aspin was 64-years-old when his 30-year career as an
assembler at the Desford factory finally caught up with him.
Desford, part of a worldwide company that employs more than 10,000
people, employed Mr Aspin between 1979 and 2008 but failed to fully
explain the dangers of working with asbestos during that time,
meaning he did not take the necessary precautions to preserve his
health during that time.
In September 2008, Mr Aspin approached his local GP complaining
of breathlessness and was diagnosed with mesothelioma. But it ...
Posted : 24 January 2011
Brain damage victim awarded seven-figure compensation
A boatyard worker who suffered life-changing injuries whilst on
duty has been awarded a £7.2 million personal injury
settlement.
In September 2006, 26-year-old Kevin Cleightonhills tragically
suffered severe brain damage when he was struck by a falling gantry
at the Bembridge Outboards boatyard on the Isle of Wight, off the
south coast of England.
As Mr Cleightonhills attempted to store a boat, the gantry struck
him across the head, and doctors worried that he had less than a
five per cent chance of surviving the severe impact.
Consequently, the accident left him requiring 24-hour medical care
and attention and unable to seek employment.
After extensive surgery on ...
Posted : 24 January 2011
EAD Solicitors successfully defend man with 23 points on driving licence (2)
A client with 23 points on his driving licence has been allowed
to keep on driving. A successful application was made on grounds of
exceptional hardship to Liverpool Crown Court. Gary Lesin-Davis
representing the client argued that not only would a
disqualification cause exceptional hardship to him but that the
court were also entitled to take into account the effect a
disqualification would have on others close to the appellant. HH
Judge Harris QC sitting with two Magistrates agreed with Gary
Lesin-Davis overturning a 6 month
disqualification imposed by Liverpool City Magistrates
Court.
Posted : 24 January 2011
EAD Solicitors successfully defend man with 23 points on driving licence (1)
Posted : 24 January 2011
EAD Solicitors successfully defend man with 23 points on driving licence
Posted : 24 January 2011
5K TEAM CHALLENGE WINNERS
The winners of the Liverpool Law Society categories in the 5K
Team Challenge run that took place along the Liverpool Waterfront
in September were presented with their prizes at a reception held
at the Cotton Exchange on the evening of 30th November
2010.
The prize for Fastest Female from the Legal Profession went to
Stephanie Tittershill from Weightmans with a time of 21.05
The prize for Fastest Male from the Legal Profession
was Sean McCann from EAD with a time of 18.35
The prize for Fastest Team from the Legal Profession went to EAD
Solicitors Team 'EAD 1': Sarah Armstrong, Sean McCann, Chris
McNaughton and Thom Vaughan.
Finally, the prize for Most ...
Posted : 24 January 2011
EAD Deputy Managing Partner Receives Liverpool Law Society Accolade
Steve Cornforth of Liverpool law firm EAD Solicitors has been
elected as Vice President of the Liverpool Law Society for the
coming year, meaning that he will become President of the society
in December 2011.
Said EAD's Managing Partner, Garry Abrams: "This is a great
honour for Steve and the firm, and we would all like to give him
our congratulations."
Steve, who was formerly Honorary Treasurer of the society,
commented: "I am delighted to have been elected and am looking
forward to continuing to serve the Liverpool Law Society over the
next two years."
Steve is a specialist in occupational health cases and has won
damages in the most severe ...
Posted : 21 January 2011
High profile fraud case for EAD Solicitors
Following the securing of an acquittal for his client in
"Operation Compost" after a three month HM Revenue and Customs
trial at Liverpool Crown Court recently, Gary Lesin-Davis of EAD
Solicitors LLP has been instructed to represent two Defendants in
"Operation Fluency" both of whom have recently been charged
and are due to appear before the Court. The charges in
this case are the culmination of a complex four year investigation
into a wide ranging conspiracy and Insider Revenue
fraud. The case is likely to be one of the largest trials of its
type undertaken and is not expected to be concluded until late
2012.
Posted : 20 January 2011
FUTURE BRIGHT FOR FIRST TIME BUYERS
Mortgage affordability for those looking to take their first
steps onto the property ladder is at its 'most favourable' for 12
years, new research has suggested.
According to the latest annual Halifax First Time Buyer Review,
the proportion of disposable earnings devoted to mortgage payments
by a potential first time buyer stood at 27% in September 2010; the
lowest since December 1998 and almost half the peak level witnessed
in September 2007.
First time buyers have become steadily marginalised since the
property crash of 2008 but this significant improvement in
affordability over the past three years has been mainly driven by a
combination of lower house prices and ...
Posted : 14 January 2011
INCREASE IN SCHOOL INJURY PAYOUTS
Personal injury claims filed by disgruntled parents have
drastically increased in the last five years, it has emerged.
Recent studies in Lincolnshire found that schools have paid
£85,000 to injured children, according to the Lincolnshire Echo.
Compensation awards since 2005 have varied from £1,000 to £14,000,
with the youngest claimant being a four year old.
Despite the negative figures, Assistant Director of Children's
Services at Lincolnshire County Council Debbie Barnes stressed that
educational establishments in the area are constantly reviewing
their health and safety procedures.
She noted there are many cases that do not lead to compensation
awards, with the individual circumstances of the situation
considered before any money is handed ...
Posted : 14 January 2011
BUSINESS IN CHALLENGING TIMES
To paraphrase a well known TV personality; businesses are
operating in challenging times.
Businesses are affected by a number of different factors. Some,
like the depth and cyclical effects of the recession, the influence
of Government actions, both positive and negative and international
issues in banking trade patterns are outside the control of most
businesses. Businesses can only adjust and respond to circumstances
as presented.
Whilst businesses are unable to control the above factors, by
taking the best professional advice they can make themselves more
resilient and able to adapt to changing circumstances.
Businesses have terms of trade and agreements with customers,
suppliers and distributors and should ensure that these are
appropriately ...
Posted : 10 January 2011
LANDLORDS URGED TO ADDRESS CARBON MONOXIDE
Landlords are being reminded that they are legally required to
have gas appliances they supply in their properties checked
annually for safety and to prevent carbon monoxide poisoning.
Often referred to as the "silent killer", carbon monoxide is
odourless, colourless and tasteless and can kill in as little as
two hours, or can lead to serious health problems through prolonged
exposure. Symptoms are similar to the flu, including a headache,
dizziness, tiredness and nausea.
But landlords are legally required to have gas appliances
checked every 12 months by a registered gas installer, and a record
of the safety check should be kept for a minimum two years, in
order to ...
Posted : 07 January 2011
WIFE WINS SUBSTANTIAL DIVORCE SETTLEMENT
The former wife of a multi-millionaire has been awarded £2.4
million in a high-profile divorce settlement.
Businessman Peter Brandon was ordered to hand over the money to
his ex-wife Christina after the Court of Appeal found that he had
been concealing assets worth £2 million to prevent his former
spouse from receiving them, according to the Daily Mail.
The court was told how Mr Brandon hid gold bars, which were
handed down to him from his grandfather, once he decided to leave
his wife in order to conceal his true wealth and limit the impact
of his divorce settlement.
He was also found to have been deliberately concealing other
assets, ...
Posted : 07 January 2011
TRAINING FAILURES LED TO MAN’S DEATH
A care home operator has been fined £80,000 for serious training
failures following the death of a patient as a result of
"inappropriate and dangerous" restraint techniques.
On October 1st 2004, forty-two year-old Anthony
Pinder was physically restrained for around 90 minutes by staff at
the Old Vicarage nursing home in Stallingborough, near Grimsby. Mr
Pinder, who had learning and behavioural issues, was eventually
released and crawled unaided to his room, but was found dead a
short time later.
Leeds Crown Court heard that Health and Care Services (UK) Ltd,
part of the Craegmoor Group, failed to ensure staff were adequately
trained to carry out the safe physical restraint of ...
Posted : 07 January 2011
It’s snow excuse – Employments rights and obligations in bad weather
Many workers assume that if they are prevented from travelling
to work because of snow and bad weather, they will be entitled to a
"snow day" for which they will receive their usual pay.
However, this not necessarily the case, even if police have
advised people not to travel unless absolutely necessary. Unless an
employer has a specific bad weather policy or has communicated to
workers that they do not need to come in or can work from home or
otherwise, the basic position remains that of "no work, no
pay".
Failing to attend work is a breach of the contract of employment
and so the employer has a ...
Posted : 22 December 2010
‘Toxic’ sofas caused burns
A Merseyside woman is one of hundreds of unhappy consumers
receiving compensation after purchasing a sofa containing Di-methyl
Fumarate (DMF).
The substance, which is highly toxic, left customers including
Michelle Wibrew, of Moreton, with burns and breathing problems. The
chemical has now been banned across Europe
The furniture was bought from popular store, Land of Leather but
was imported from various countries.
In April this year around 1,650 people who bought affected sofas
from other high street stores received a share of £20m
compensation. However some shoppers lost out after Land of
Leather's insurance company Zurich withdrew cover for certain
claims. Zurich claimed that the furniture company, which went into
administration in ...
Posted : 17 December 2010
Compensation levels to rise next year
Compensation limits are set to increase from early next
year.
From February 2011 the maximum amount of compensation available
for unfair dismissal cases will increase from £65,300 to
£68,400.
Maximum statutory redundancy payment will be £12,000 and the
upper limit of 'a week's pay' for calculating statutory redundancy
pay, (or the basic award for unfair dismissal) will increase
from £380 to £400.
Increases in the Retail Prices Index, which went up by 4.6%
between September 2009 and September 2010 have been a deciding
factor in the rises.
However, Employment Tribunals will still apply the old limits of
compensation for anyone dismissed prior to 1st February 2011.
Employment solicitors believe that the overall maximum unfair
dismissal ...
Posted : 17 December 2010
Police to pay compensation for inappropriate arrest
A police force has been ordered to pay compensation to a street
preacher.
Anthony Rollins was preaching in Birmingham two years ago when
he was hauled off in handcuffs after complaints of homophobia from
a member of the public.
Mr Rollins from Whitchurch, Shropshire, is a devout Christian
and quoted from the King James Bible in his speech, whilst also
handing out leaflets referring to homosexuality. He has been a
member of a Christian mission for 12 years and speaking publicly
with his views for the same length of time.
The 45-year-old was held in a cell for nearly four hours after a
passer-by dialled 999 and complained his language ...
Posted : 15 December 2010
Dangerous dog owner put on trial
An owner who let her dog attack a neighbour has gone on
trial.
Judge Beatrice Bolton owns the seven-month-old German Shepherd
called Georgina, which is said to have charged at 20-year-old
university student Frederick Becker as he sunbathed in an adjoining
garden.
Mr Becker claims he was injured in the attack when the pet ran
at him and sank its teeth into his leg.
Prior to the attack, Judge Bolton's neighbours, John and Anne
Malia, said they had asked Judge Bolton to keep the animal under
control and out of their shared garden.
"We never wanted the dog on our property," Mr Malia told the
court. "We were scared of it."
The ...
Posted : 15 December 2010
Steve Coogan seeking damages from News of the World
Comedian Steven Coogan is planning to sue Newspaper News of the
World over claims it illegally hacked into his mobile phone
messages.
Coogan claims the tabloid's investigator, Glen Mulcaire,
intercepted his voicemail messages and misused the information. He
claims that his voicemails were intercepted between February 2005
and August 2006, but currently does not know the full extent of the
interception and is waiting on the paper, the Metropolitan Police
and the Information Commissioner to make a full disclosure.
Investigating officers told Coogan that Mulcaire had access to
his mobile phone number, account number, and password.
Mulcaire's services were contracted to 'provide research and
information' on well-known individuals. He was paid ...
Posted : 14 December 2010
Union warn of building site safety in bad weather
The Union of Construction, Allied Trades and
Technicians (UCATT) has warned employers in
the building trade to be vigilant during the country's extreme
weather conditions.
UCATT insists that extra checks on sites are needed to ensure
that work can be conducted safely during Britain's cold snap.
It says that employers should undertake additional risk
assessments and must ensure the following:
- Appropriate protective equipment is issued
- Mobile facilities for warming up, with warm fluids such as hot
chocolate or soup, are provided
- More frequent rest breaks are introduced
- Workers are educated on recognising the early symptoms of cold
stress / early signs of hypothermia which include shivering, loss
of coordination, slurred speech, memory loss ...
Posted : 14 December 2010
Widow of salmonella victim launches legal bid
A woman whose husband died after contracting food poisoning
whilst on holiday is seeking compensation from the tour
operator.
Evesham couple Geoffrey and Jean Appleyard were holidaying in
Italy in the summer of 2008 when Mr Appleyard, 71, contracted
salmonella food poisoning.
Eight other people also fell ill, but Mr Appleyard had recently had
stomach surgery so was unable to fight off the illness. He later
died.
Last year, Worcestershire Coroner, Geraint Williams, ruled that the
four-star Grand Hotel on the banks of the picturesque Lake Garda
had kitchens that were "riddled" with salmonella and was therefore
at fault for the illness and death.
The source ...
Posted : 09 December 2010
Compensation for injured photographer
A Journalist has received personal injury compensation after he
was assaulted last year at the G20 protests.
Photographer, David Hoffman, was covering the event
professionally when he was attacked by a Police Officer in riot
gear.
The incident at the anti-capitalist protests in London on April
1 last year saw Mr Hoffman lose several teeth after a Territorial
Support Group Officer smashed his riot shield into the
Photojournalist. The blow was so severe that Mr Hoffman fractured
the roots of two teeth, damaged a third and lost five molars from
his lower jaw.
Several hours after the attack on Mr Hoffman, newspaper seller,
Ian Tomlinson, died after being knocked to the ...
Posted : 09 December 2010
Bad weather and business continuity
Many businesses are no doubt bemoaning the recent bad weather
and the damage it is causing to their profit margins. Transport and
infrastructure delays result in employees failing to make it to
work on time, if at all and costs and penalties are incurred for
late deliveries of good and services.
However, just because there is bad weather does not mean a
business has to suffer and there are various steps that can be
taken to minimise any damage.
Suppliers of goods and services should analyse their contracts
to identify those containing terms where time of delivery is of the
essence. If it appears that the term is going ...
Posted : 06 December 2010
The power to contest a Will
The legal case of Gill v RSPCA [2010]
examined the extent of the power of a disinherited relative to
contest the terms of a Will.
The Will concerned left a legacy of
£2.35 million to the RSPCA and nothing to the testator's only
child. This was challenged by the testator's daughter who asserted
that her mother had been unduly coerced and bullied by her father
in making the legacy. In the original judgment the Court agreed
that the mother had been unduly influenced as she had an 'avowed
dislike' of the RSPCA due to its anti-hunting campaigns and had
previously assured her daughter that she ...
Posted : 06 December 2010
EAD Hits £10,000 Target for Children in Need
Liverpool law firm EAD Solicitors pulled out all the stops on
Children in Need Day to reach its impressive fundraising target of
£10,000 for the BBC appeal.
Kicking off its charity initiative with a sponsored parachute
jump and charity fashion show in October, the company also
organized a range of fun fundraising activities for Children in
Need Day. Staff got into the Pudsey Bear spirit with Family
Fortunes and Krypton Factor competitions and a special performance
from boy band Vice as well as a breakfast and lunch club, a
cocktail bar and, of course, fancy dress.
Having successfully applied for a license to collect for the
charity, staff also made ...
Posted : 02 December 2010
Workplace asthma leaving economy short of breath
According to new research published in online journal, Thorax,
workplace asthma costs the UK millions each year.
The authors of the research have said that employers must
address the issue of occupational asthma as currently it is not
high on the priority list for businesses despite approximately
3,000 new cases being diagnosed every year in the UK.
The researchers reviewed the costs and impact of workplace
asthma. The evidence was then used to calculate an individual's
ability to work and their reliance on the NHS, based on a series of
scenarios.
These included employees who developed asthma after being
exposed to common sources that cause symptoms such as isocyanates,
latex and ...
Posted : 30 November 2010
Christmas catastrophe injures British tourist
An Essex man has been awarded £35,000 compensation after being
seriously injured by a falling Christmas tree.
In 2003 Malcolm Tuffin was holidaying with friends in the Czech
capital, Prague, when a hundred foot Christmas tree, installed as
part of the town square's decorations, was blown over by high
winds.
Mr Tuffin suffered fractures to his spine and femur as well as
injuries to his head. He was rushed to a Czech hospital and later
transferred by air ambulance to the Broomfield Hospital in
Chelmsford, Essex, were he spent a month in intensive care.
The sixty-one year old now requires the use of ...
Posted : 25 November 2010
Result for EAD's Criminal Department
EAD Solicitors secure the acquittal of their client on all
charges in "Operation Compost" following a complex three month
trial at Liverpool Crown Court , the investigation
commenced in 2006, charges of conspiracy to evade excise
duty on diesel fuel and money laundering followed with
the case concluding successfully for the Defence in November
2010, The team at EAD was led by fraud supervisor, Gary
Lesin-Davis instructing Mark Wyeth QC and Ben Douglas-Jones of 5
Paper Buildings, London
Posted : 24 November 2010
Student pursues compensation from former landlord
A badly burned student is seeking compensation from her former
landlord.
Layla Skalli was involved in a tragic incident back in April last
year when a fire ripped through her Norwich flat.
She suffered 80% burns in the blaze and was given just a 1% chance
of survival by doctors.
The court heard how her landlord, Michael Billings, rented out over
100 properties and failed to provide even the most basic protection
for his tenants, such as fitting a fire alarm or installing the
correct number of fire doors.
In this instance Ms Skalli was unable to escape from the flames
as the sash window ...
Posted : 23 November 2010
Pothole compensation claims on the increase
Last year's harsh winter saw Oxfordshire County Council pay out
double the usual amount in compensation claims.
Between January and October this year the council has spent
£86,805 settling 318 of the 964 compensation claims put forward by
motorists whose cars have been damaged by potholes.
According to figures obtained under the Freedom of Information
Act by the Oxford Mail the highest single pay-out made was
£2,179.
Last year the council proposed cutting 'non-essential' highway
repairs and maintenance to save cash.
However, after the coldest winter in three decades the council
is on course to spend £250,000 more on maintenance in 2010/11
taking the budget from £15.55m to £15.8m.
Council spokesman Owen ...
Posted : 23 November 2010
Company fined over worker’s death
A recycling company in Cardiff has been heavily fined after an
employee died on its premises.
In May 2007, John Penhalagan, 44, was hit by a crane hook at
Celsa Manufacturing (UK). The piece of equipment was used to convey
ladles of molten steel and weighed more than 3.7 tonnes.
Mr Penhalagan, of Bridgend, suffered severe head injuries and
was taken to University Hospital of Wales, Cardiff where he later
died from his injuries.
An investigation by the Health and Safety Executive (HSE) found
that the company had inadequate safeguards on its apparatus,
allowing certain parts to move near where operators stood.
However the crane itself was in good working ...
Posted : 22 November 2010
Teacher awarded damages for losing her voice
A teacher who lost her voice has been awarded a substantial
compensation payment.
Joyce Walters, from Ickenham in Middlesex, taught English to
foreign students at Harlington Adult Education Centre, between
September 2005 and July 2006.
Mrs Walters' classroom was next to a courtyard where teenagers
played during their breaks, as a consequence she says she was
constantly straining her voice to be heard.
After a doctor diagnosed non-cancerous vocal cord nodules, she
missed the 2006/2007 academic year and requested a different
location when she returned, but her pleas were ignored and she had
to resign three months later.
The 50-year-old says she now struggles with everyday tasks such
as speaking on the ...
Posted : 17 November 2010
Payout for cyclist hit by car
A cyclist who was hit by an unaccompanied learner driver has
received £2.45 million in personal injury compensation.
Hamish McCullough, a student at Oxford Brookes University, was
twenty-four when he was knocked off his bike in July 2001 by Gordon
Mitchell.
McCullough was cycling along Fawler Road, near Uffington, when
he was struck by the wing mirror of Mitchell's Peugeot 205. He was
thrown from the saddle and suffered a fractured skull, which led to
a ruptured artery and eventual brain damage.
Mr McCullough was hospitalised for a year after the accident and
now requires twenty-four-hour medical care. He appeared in court in
a wheelchair.
Mitchell, who was using a provisional ...
Posted : 17 November 2010
Two women caught forging will
Two women have been caught committing forgery in a bid to claim
the multi-million pound estate of their partner.
Chris John, an estate agent, died suddenly at 47 without a Will.
Shortly after his death it was revealed that the divorce from his
wife Helen wasn't legally binding as no decree absolute had been
lodged with the courts, meaning she still had a legal claim to his
fortune.
Shortly after his death Gillian Clemo, Mr John's long-tern
girlfriend claimed that she had found a Will which named Mr John's
sisters as executors and herself as a key beneficiary. The Will
stated she would be allowed to ...
Posted : 10 November 2010
Mother awarded substantial medical negligence sum
A mother has been awarded a five-figure settlement after a
hospital admitted failures during the birth of her son caused his
current disabilities.
The boy, who is now five years old and cannot be named for legal
reasons, was born at Bedford Hospital with spina bifida. But, while
his mother underwent antenatal scans at the hospital, they failed
to pick up on the condition, leaving him untreated.
At the High Court, the hospital's legal team conceded that scans
should have discovered the presence of spina bifida and that the
mother should have been made aware of the condition, allowing her
the opportunity to decide whether to have a termination ...
Posted : 02 November 2010
Personal injury compensation over hearing damage
A Wakefield man has been awarded an undisclosed compensation fee
after a crane exploded into the side of his
vehicle, damaging his hearing in the process.
Paul Dooley was making routine deliveries on behalf of his
Leeds-based employer, UniChem, when a nearby crane exploded into
the side of his transit van while he waited at traffic lights
in Doncaster.
The crane's faulty brakes generated enough heat
to cause a localised explosion. Its front wheel was propelled into
the side door of Mr Dooley's van, leaving him covered in shattered
glass.
"It all happened so quickly and after the accident, I was in
shock for hours. All three of the emergency services showed ...
Posted : 02 November 2010
British teacher compensated for foreign accident
A British teacher who was severely injured during a road traffic
accident in France has been awarded substantial personal injury
compensation.
Gary Bishop suffered severe head wounds when the school bus he
was travelling on skidded on black ice during a skiing trip to the
Alps in January 2007. More than 40 pupils, along with parents and
other members of staff, were also injured in the crash.
The 55-year-old from Telford regularly organised skiing
excursions for pupils at the Kingsland Grange Private School, now
known as Shrewsbury High Prep School. Mr Bishop worked as Head of
IT until his injuries eventually forced him to take early
retirement.
During a case heard ...
Posted : 02 November 2010
Schoolboy awarded millions in negligence compensation
A young boy has been awarded millions of pounds in medical
negligence compensation after he was left disabled due to problems
whilst he was being born.
The unnamed eight-year-old child has developed cerebral palsy
after complications and errors at Oxford's John Radcliffe Hospital
during his birth in September 2002. He will need round-the-clock
care for the remainder of his life.
The boy's parents decided to pursue legal proceedings against
the NHS Trust in order to fund the financial outlay his care
requires.
The specific amount of the settlement remains unknown, but BBC
reports claim that Mr Justice David Steel told the High Court
hearing that the award was in the victim's ...
Posted : 02 November 2010
Injured passenger given hope for compensation after company plead guilty to safety breaches
A woman who was injured whilst travelling on the London
Underground has had her quest for compensation strengthened by the
company's own admission of its failings.
The anonymous passenger launched the claim earlier in the year.
She was commuting during the daily rush hour and whilst waiting on
the platform of Mile End Station was struck in the face by a
protective barrier as the train pulled away.
The lady was taken to hospital and required treatment for a cut
eye and a gash to her head. Two other individuals were also injured
in the incident.
The barriers, made from canvas and wooden poles, were originally
intended to improve passenger ...
Posted : 26 October 2010
Bus fatality family backed by solicitor
The family of a Birmingham mum who died after colliding with a
bus coin machine is taking legal action against one of the nation's
biggest travel companies.
37-year-old Julie Layton was travelling on a Birmingham bus with
her three young children when the vehicle came to an abrupt stop,
hurtling her towards the front of the bus.
It was reported at the time that she hit her head on a coin
machine, Ms Layton suffered serious back and neck injuries and died
three weeks later at Queen Elizabeth Hospital.
"She was a real family person. She always looked out for
everyone else," said Julie's uncle, Dave Brown. "She is ...
Posted : 26 October 2010
Compensation for abused wheelchair user
A wheelchair user who was nicknamed 'Ironside' by a Burnley
factory boss has won £6,000 compensation.
Brian Davies took his manager Steve Wellens to an industrial
tribunal after overhearing him referring to his condition
flippantly, comparing Mr Davies to the famous 70s TV detective
Robert T Ironside.
Shop steward Mr Davies, who was born with brittle bones and has
used a wheelchair all his life, said the jibe was "derogatory".
"The manager got upset about something, so he decided to call me
Ironside, and that stuck," said Mr Davies. "I pleaded with the
company to sort this out but they backed him up.
"I didn't want to have to go ...
Posted : 21 October 2010
Widow secures mesothelioma compensation
After years of battling her husband's former employers, a widow
has finally secured compensation for his untimely death.
June Bickle has been awarded a confidential settlement, thought
to be over £50,000, from cigarette manufacturer, Filtrona, after
her husband, Alan Bickle, contracted mesothelioma after his time
with the company. Mr Bickle worked as a turner and grinder at the
factory for more than 30 years and was often left exposed to
asbestos.
While Filtrona initially denied any liability for his fatal
condition, they changed their tune just days before a High Court
hearing into the conditions surrounding Mr Bickle's death was due
to take place.
"This was never about the money. It's ...
Posted : 21 October 2010
Brain injury victim wins £2 million compensation
A man left brain damaged after doctors failed to diagnose his
severe medical condition has won more than £2 million in
compensation.
42-year-old Neal Allen suffers from cerebral abscesses, which if
not treated can have a serious effect on his brain's
functionality.
In 2003 Allen was rushed to Addenbrooke's Hospital, Cambridge,
where doctors failed to diagnose his condition properly despite the
fact he was carrying a medical alert card.
Despite the notification, medical staff diagnosed him as
suffering from a stroke and discharged him from hospital just days
later.
He now requires round-the-clock medical assistance as a direct
result of their negligence.
"This has been a very difficult case for Mr Allen, but ...
Posted : 18 October 2010
Teachers awarded substantial injury payouts
Teachers around the country have been awarded more than £400,000
in personal injury compensation for work-related accidents.
Local authorities across the UK have made increasing
compensation payments over the last two years, ranging from £600 up
to £50,000, including one South Shields teacher who injured her
wrist after tripping over a nursery pupil's play bed.
Figures released under the Freedom of Information Act revealed
that teachers received £230,620 compensation during 2009/2010, an
increase of 29% on the previous financial year.
Durham County Council was the worst offender, with just over
£157,000 paid to unnecessarily injured teachers. In separate
incidents, North Yorkshire councils paid eight claimants more than
£31,000 while Newcastle local ...
Posted : 15 October 2010
Victim of contaminated blood transfusion pursues government
A man who was given contaminated blood during an operation is
launching a case for compensation from the government.
Father-of-two Glenn Wilkinson, 46, who suffers from haemophilia,
underwent a routine operation to remove three teeth at Hull Royal
Infirmary in 1983. During the operation he was given infected blood
and has since discovered he had contracted Hepatitis C from the
operation.
Mr Wilkinson may also have been infected with the human form of
'mad cow disease', but, until symptoms appear doctors will be
unable to confirm this.
Throughout the 1970s and 1980s there were many cases similar to
Mr Wilkinson's and during the two decades 4,670 patients contracted
Hepatitis C from ...
Posted : 15 October 2010
Compensation claim for former pottery workers
A group of former ceramic workers whose hearing has been
irreversibly damaged have begun a bid for compensation.
The potters' injuries have been estimated at being worth around
£10,000 each if they are successful in their claims. Seventeen
individuals are pursuing the matter and have already attended a
special hearing-loss clinic.
The mandatory medical examination and testing is performed
before any similar claim is launched and assesses the extent of
damage and provides evidence of the possible causes of
impairment.
In this instance if the results of the tests prove that the
applicants' hearing has been damaged beyond what would be expected
through natural ageing and is likely to have been ...
Posted : 12 October 2010
Customer sues over Frog in-a-bottle
One of the nation's leading retailers is being sued by a
female customer after reports that a drowned frog was found in her
wine bottle.
While celebrating with her family earlier this year, ASDA
customer Isolde Beesley says the small frog fell out of her bottle
of Spanish Moscatel de Valencia and into her glass.
After suffering stomach pains since that fateful day, Ms Beesley
instructed her local solicitors to challenge ASDA for
compensation.
"I dished it out of the glass to have a look it and it was all
grey, not like the ones you get on the farm here. It must have been
dead for some time in ...
Posted : 08 October 2010
Parents seek damages over ‘forceps misuse’
A distraught Lincolnshire couple have launched a claim for
compensation against a northern hospital after their son was left
blind in one eye following the 'misuse' of forceps.
As Xavier Cutillo entered the world, doctors at Scunthorpe
General Hospital needed forceps to aid his delivery. However,
Xavier's left eye was severely damaged during the incident and his
skull fractured by the doctor's actions.
On the 21st December 2009, Xavier's mother was admitted for
delivery. She had a long labour and staff made an attempt to
deliver Xavier by ventouse suction cup. After the
first attempt proved unsuccessful, the doctor treating her tried a
further seven times to deliver the baby ...
Posted : 05 October 2010
Major construction firm fined following staff fatality
A national construction firm has been fined £160,000 after one
its workers died whilst building Everton Football Clubs new
training facilities.
In February 2007, Wallasey resident Karl Davis died after
falling through a window frame at the Halewood construction
site.
The 43-year-old plummeted to the floor after a guard rail gave
way under his weight. After three months in a coma Mr Davis
tragically passed away in May that year.
Kier North West pleaded guilty to failing to ensure the safety
of its workers in front of Liverpool Crown Court earlier this
month.
The Bedfordshire-based company was prosecuted by the Health and
Safety Executive (HSE) to the tune of £166,000 and ordered ...
Posted : 04 October 2010
Companies fined £185,000 over drowned employee
Fines totalling £185,000 have been issued to a British port and
Italian shipping company following the unfortunate death of an
employee in 2005.
Luigi Feola died when he fell into the water at Newhaven Docks
as he carried goods across a narrow bridge, which connected a
Sardina Vera Ferry to the dock's quay.
Someone on board the ship heard a splash about an hour after the
ferry had docked and raised the alarm. A search was mounted
immediately, however Mr Feola's body was not recovered until the
next day. The post-mortem found that Mr Feola had suffered a head
wound before drowning.
Investigations conducted by the Health and Safety Executive
(HSE) ...
Posted : 29 September 2010
CHILDREN IN NEED
EAD's Charity Fashion Show Gets Set to Dazzle
Liverpool law firm EAD Solicitors is putting on the glitz with a
charity fashion show in support of the BBC's Children in Need
appeal.
Showcasing the best of Liverpool fashion, the event will take
place at award-winning Albert Dock venue CIRCO on Thursday
28th October at 7.30. Models will be sashaying down the
catwalk in Autumn/Winter collections from the cream of Liverpool's
fashion designers, including KU Spendlove, Liquorish Boutique, She
Shea Liverpool, Beau Butterfly, Love Frocks, Dresses by Nikki,
Dress Up by Lisa, Trash Denim and Begin Couture.
Many more designers are expected to get involved before the big
day and local businesses ...
Posted : 28 September 2010
Passenger sues underground after tube injury
A female traveller who was hospitalised after being struck by
train debris is suing London Underground for personal injury
compensation.
The accident occurred during morning rush hour in November last
year. The woman was standing on a Central Line platform in Mile End
when a protective barrier, used to prevent passengers falling
between tube carriages, broke from a passing tube and struck her in
the face at 30mph.
She was later treated in hospital for a cut eye and two-inch
gash on her face. Two other women were also injured in the
incident.
A breakdown in communication was blamed for the accident as the
train was allowed to continue on its ...
Posted : 24 September 2010
Firework retailer gives blinded employee £5,000
A Bristol worker who was left partially blinded after a poorly
organised fireworks display ignited in his face has been awarded
£5,000 in compensation.
In 2008, Jason Edgecombe, owner of JWP Fireworks, was running
the fireworks show at a wedding reception when his assistant Chris
Hignell lit a the display which went off in his face after issues
with the explosion's time delay.
"Mr Hignell wore overalls but was not issued goggles or gloves.
He was offered a hard hat but declined. There was no other
guidance. No risk assessment or safety procedures. Mr Hignell lit
the fuse on Edgecombe's cry of "Now!" and the firework shot
straight into his ...
Posted : 23 September 2010
Family take legal action over daughter’s misdiagnosis
The family of a child who suffered severe brain damage after
doctors failed to diagnose her meningitis has launched legal action
against a negligent hospital trust.
Five-year-old Essex toddler Ellie Sutton was referred to
Colchester Hospital's paediatric unit when she was just
eight-months-old, after the family's GP suspected she was suffering
from meningitis.
But a medical student within the hospital dismissed her in less
than an hour despite the fact Ellie was recording an alarmingly
high temperature. At 39.9C, Ellie's temperature was higher than the
hospital's own guidelines of 38C, which stipulate that she should
have been kept in for monitoring.
Later that same evening, Ellie's mother took her back to ...
Posted : 22 September 2010
Pensioner secures personal injury compensation
One of Britain's largest retailers has paid an elderly pensioner
£7,500 in personal injury compensation after she accidentally
slipped between food aisles.
Janet Morritt broke her hip after slipping on a puddle of prawn
cocktail at Marks and Spencer's Perth store last year. The trip
forced Ms Morritt to career into a chilled sandwich cabinet and
left the pensioner holed up in hospital for days as she recovered
from the painful break.
She initially challenged the retailer for £30,000 in
compensation after doctors inserted a metal plate into her hip.
Since then, she has struggled with a constant limp and is no longer
able to drive her car around the ...
Posted : 21 September 2010
Injured athlete awarded record-breaking compensation
A former international cyclist whose career was cut short by a
road collision has been awarded almost £14million in Britain's
largest ever compensation payout.
During a training ride in 1998, former Commonwealth Games
cyclist Manny Helmot suffered partial blindness, brain damage and
lost the use of his right arm after colliding with a car.
After 36 weeks in hospital, the 39-year-old was told he would
never ride a bike, drive a car or work again as result of his
injuries and now requires round-the-clock care to survive his
day-to-day life.
While waiting for the outcome his personal injury case, Mr
Helmot's mother was forced to retire and care for her ...
Posted : 20 September 2010
Mother seeks compensation over injured baby
The mother of a baby boy whose life was forever changed by a
falling window has launched a bid for more than £300,000 in injury
compensation.
In 2006, Patricia Dance was pushing her four-month-old son
Alexander around central London when he was struck by a falling
window pane outside Dover Castle hostel.
Four years later, her son Alexander is said to have fewer
intellectual skills than children half his age due to suffering a
fractured skull and brain haemorrhage that fateful day.
Although Alexander seems to recognise his mother, the only word
he can understand or speak is "no". He is also incontinent and
suffers from epileptic convulsions. He may ...
Posted : 16 September 2010
Blinded employee launches damages claim
A London shop assistant who lost sight in one eye after a tragic
workplace accident is suing his employer for breach of health and
safety.
In April, Londis employee Mahendra Dhoju and a colleague were
attempting to push a large stock container up a ramp when the
container became stuck. While struggling to pull it free, Mr Dhoju
slipped and slammed his head against the metal cage.
After being treated in hospital, the shop worker was left
partially sighted and lacked any sense of smell.
A health and safety assessment conducted by Richmond Council
following the accident, resulted in court proceedings against
businessman Kishor Chandegra, who is part owner of ...
Posted : 16 September 2010
Patient sues over ‘swab slip-up’
A female patient has launched a legal battle against negligent
surgeons after finding a cloth swab inside her body four months
after a major operation.
In 2009, Susan Misiewicz was told by her gynaecologist that she
needed a hysterectomy and was promptly booked into Nottingham's
Queen's Medical Centre. After the operation, Ms Misiewicz needed a
second spell under the knife to halt internal bleeding brought
about by complications.
After spending 10 days in pain and distress at Nottingham City
Hospital, she was discharged, despite the fact she was suffering
from crippling stomach cramps, and was referred for treatment for a
suspected gastrointestinal issue.
However, during a scan to discover the root ...
Posted : 15 September 2010
Employee seeks £150,000 over work explosion
A man who was badly burned in a workplace explosion just over a
year ago is seeking more than £150,000 in compensation from his
employers.
In June 2009, Adam Segreave and two colleagues were replacing a
company's air conditioning units at Cambridge Science Park
when an explosion threw him from his stepladder.
The 34-year-old caught fire and suffered 14% burns to his body,
lacerations to his face and a mild concussion.
After 12 days in hospital, where skin grafts and heavy doses of
painkillers were needed to counteract the blast, Mr Segreave was
left with extensive scarring on his arms and legs as well as flash
burns on his face, hair ...
Posted : 15 September 2010
Asbestos fine highlights ‘public disquiet’
A company managing Ministry of Defence property has been fined
£33,000 after allowing staff to come into contact with asbestos,
despite warnings.
Interserve (Defence) Ltd appeared at Oxford Crown Court this
month following an investigation by the Health and Safety
Eexecutive (HSE).
An asbestos survey undertaken in the boiler room at an MOD base
in Arncott, Bicester, in early 2005, found that the whole room was
contaminated with asbestos and recommended that access to the room
should be restricted until it was removed.
Interserve failed to follow the advice of the survey and
consequently workers were left at risk of exposure to asbestos
fibres for over a year.
The company pleaded guilty ...
Posted : 15 September 2010
£50,000 awarded over dental errors
A female patient has been awarded £50,000 in medical negligence
compensation after botched dental treatment left her in constant
pain and unable to eat.
In 2007, Manchester dentist Dr Oscar Kwame Gagoh promised to
correct 75-year-old Jean Wall's front tooth and improve her smile.
But mistakes left the patient with "life-changing" injuries and
victim to severe pain months after the treatment had finished.
Injuries included burnt, swollen lips and nerve damage after Dr
Gagoh had begun a course of treatment which was scheduled to
include bleaching, crowns, veneers and white fillings at a cost of
£10,000.
In addition, an inability to eat forced the pensioner to lose
weight and become withdrawn ...
Posted : 09 September 2010
Housing market recovery ‘slow yet steady’
House prices edged ahead by 0.2% during August as activity in
the property market remained subdued but constant, figures
show.
The latest increase follows one of 0.7% in July and reverses
most of the falls seen during late spring and early summer, leaving
house prices at a similar level to the end of last year.
According to the Halifax, activity in the market had been
"largely static" since the start of 2010, enabling house price
inflation to cool, after a shortage of supply momentary pushed
prices up during 2009.
House prices are expected to finish 2010 at roughly the same
level seen in January but figures indicate a market starting ...
Posted : 09 September 2010
Court issues first WEEE prosecution
A Birmingham based hairdresser has become the first individual
to be prosecuted under recently enforced Waste Electrical and
Electronic Equipment (WEEE) regulations.
Earlier this year, Aston and Fincher Ltd pleaded guilty to 31
charges relating to failure to comply with packaging waste
regulations and failing to register as a producer of electrical and
electronic waste.
According to the Environment Agency (EA), the company avoided
paying £445 plus unknown costs of financing the recovery and
recycling of equipment for which they would have been responsible
in 2008.
Aston and Fincher was fined £650 for each offence - totalling
£20,150. It was also ordered to pay compensation of £7,135 to the
EA for loss ...
Posted : 08 September 2010
Couples’ secrecy risking probate issues
British couples risk problems in later life by failing to
discuss their estates and Wills while keeping personal finance
secrets, new research has revealed.
A study by Prudential found that 22% of couples said they have
never discussed estate planning together while 12% of women and 11%
of men said they know nothing about probate plans and were not
interested.
In addition, 32% of people over the age of 40 but not yet
retired do not know the details of their partner's retirement
savings or plans.
"It is incredible that so many people do not know the details of
their partner's retirement savings," commented Prudential
spokesperson Amy Brown.
"Firstly, couples should strive ...
Posted : 08 September 2010
10 million Brits owed tax rebate
A string of errors at HM Revenue and Customs (HMRC) means more
than 10million people could be in line for a substantial tax
rebate.
Earlier this month, HMRC admitted that 4.3million people are set
to receive a rebate due to tax overpayments in the past two years.
But new evidence regarding historic errors now means an additional
5.8million could be eligible for payments.
Almost £1.8billion in overpaid tax has been given to HMRC in the
past two years, while approximately £3billion was mistakenly given
in the two years prior to 2008.
On September 4th, the Treasury said nearly 6million
people in the UK are to be told they have paid ...
Posted : 07 September 2010
First trader fined under ‘Pedlars’ Act’
Manchester town hall chiefs have won their first prosecution
since bringing in new 'pedlar' legislation to clamp down on rogue
street trading.
The Manchester City Council Act - widely known as the Pedlars'
Act - became law earlier this year following a £100,000 drive by
the council. Under the Act, town hall officers are given greater
powers to seize goods from people suspected of trading
illegally.
Earlier this month, Tapha Lo became the first victim of the law
and was forced to pay £1,100 after he was caught trading in Market
Street, a busy spot in Manchester city centre.
The rules of a pedlars' certificate allow holders to sell
anywhere in ...
Posted : 07 September 2010
Flexible working equals improved relations
Employers who offer their staff the chance to adapt working
hours are more likely to enjoy a positive working relationship, new
research has found.
According to studies by the Institute of Leadership &
Management (ILM) and Management Today magazine, organisations that
have reacted to the global economic downturn by opting for flexible
working and similar schemes are more likely to succeed thanks to
higher Chief Executive Officer (CEO) trust levels.
Organisations hit hard by the recession have "extremely low"
levels of trust amongst staff while job losses and office closures
are blamed on poor management, ILM found.
Despite the dip in trust, female bosses appear to have emerged
particularly well from ...
Posted : 06 September 2010
Firm fined after series of serious injuries
A Troon sawmilling firm has been fined a total of £28,000 after
two of its employees were severely injured in separate incidents
just months apart.
In May 2007, 55-year-old John Wilson was working for Adam Wilson
and Sons in Troon, Ayrshire, when he fell through a gap in a raised
walkway, left open after work had been done on a conveyor belt
below. He suffered serious injuries to his arm and permanent loss
of movement in his shoulder as a result of the fall.
Less than three months later, 59-year-old Robert Cumming was
working for the same firm at the same plant when his head was
trapped between the ...
Posted : 06 September 2010
Business urged to adapt equal pay policies
The British Chambers of Commerce (BCC) and Equality and Human
Rights Commission (EHRC) have called on small and medium size
businesses to examine their pay systems and ensure they comply with
equal pay laws.
On average, full-time female workers are paid 16.4% per hour
less than men on average, rising to 21.6% in private firms,
according to the EHRC.
To tackle the issue, the Commission and BBC have published a new
guide for employers to solve equality pay issues, which should take
no more than four hours to implement.
"Businesses want to pay people fairly for the job that they do.
This guidance should help smaller businesses analyse any pay ...
Posted : 06 September 2010
Teaching Assistant attacked by child wins case through EAD Solicitors
Our client was a teaching assistant at a school in England,
where she taught reception class. A 3 year old child escaped
from the nursery building into the playground, where he then tried
to escape from the playground and ran towards a wall. Our
client put her arm out to stop the child who then grabbed and bit
her arm causing a nasty wound, which consequently left a scar.
The CICA rejected the case initially and at review stage because
they stated that although the child was behaving badly, given the
age of the child, there was no criminal intent.
There had been a previous similar case in ...
Posted : 03 September 2010
EAD Solicitors win low speed impact claims for two clients
EAD Solicitors LLP has again settled two Road Traffic Accident
claims for drivers in which the insurers alleged that a low speed
impact caused no injury. Both Defendants did eventually accept
responsibility for the accident, however in the first instance,
both Defendant's lawyers alleged that the impact was not sufficient
to cause an injury and both produced an engineer's report which
appeared to support this. The Defendants lawyers also alleged that
our clients only suffered minor injuries and produced their own
orthopaedic evidence, which EAD Solicitors LLP successfully
countered with our own medical reports.
The significant outcome of EAD's success is that many solicitors
are not prepared to pursue these ...
Posted : 03 September 2010
Several conditions excluded from Equality Act protection
Further details of the upcoming Equality Act have surfaced
listing a number of physical and mental traits excluded from
employment protections.
Government published Equality Act 2010 (Disability) Regulations
guidelines outline conditions which have been excluded from
disability recognition, including:
- Addiction to alcohol, nicotine or any other substance
(unless the addiction was originally the result of administration
of medically prescribed drugs or other medical treatment).
- The following conditions: a tendency to set fires, a tendency
to steal, a tendency for physical or sexual abuse of other persons,
exhibitionism, and voyeurism.
- Allergic Rhinitis (hay fever) unless it aggravates another
condition.
In addition, tattoos and body piercings are excluded from being
seen as a "severe disfigurement" or ...
Posted : 03 September 2010
£4million awarded to cerebral palsy teen
An 18-year-old woman whose mishandling at birth led to severe
cerebral palsy is to receive £4million in medical negligence
compensation.
The woman, who cannot legally be identified, brought High Court
proceedings against Rochford Hospital with the help of her family
and expert solicitors.
In 1992, medical failings during the woman's birth meant she was
destined to live her life in the confines of a wheelchair,
dependant on the help of others as she can no longer speak and
suffers from learning difficulties.
Southend University Hospital NHS Foundation Trust this month
agreed to a settlement of her case valued at around £4m, accepting
liability for the resulting disabilities.
The judge approved the "fair ...
Posted : 03 September 2010
VHCC Panel
EAD Solicitors LLP has again been accredited as members of the
VHCC Legal Services Commission Panel for 2010.
As members of the VHCC (Very High
Cost Case) Panel, we are one of the few law firms in the UK that
are authorised by the Legal Services Commission to undertake
serious fraud cases, high profile, serious or organised crime,
money laundering and terrorism cases.
As such, we can advise on matters
such as:
- Investigation by Regulatory authorities such as the Serious
Fraud Office, Financial Services Authority, Fraud Prosecution
Division, HM Revenue & Customs or SOCA
- Arrest for criminal offences
- Complex criminal proceedings leading to trial
Our team can provide:
- Immediate representation while under arrest ...
Posted : 12 August 2010
Agency compensation: do £20K agencies have any value?
Agency compensation
Click here to
download article
Posted : 11 August 2010
Why agents should think twice before telling their principal exactly what they think of him!
In the recent High Court case of Stephen Gledhill -v- Bentley
Designs (UK) Ltd (2 June 2010) the Court was asked to decide
whether an apology proffered by the agent (Mr Gledhill) to the
managing director of his principal (Bentley) was adequate to
maintain the necessary personal relationship of trust to enable the
agency to continue.
Mr Gledhill had acted as agent for Bentley for around 17 years
and had enjoyed substantial commission income averaging around £85k
in the final years. He was a very effective agent and this was
confirmed by his principal during the hearing. In short he had made
himself and the principal substantial sums of ...
Posted : 05 August 2010
Criminal Investigation
EAD Solicitors LLP is currently acting in international legal
proceedings on behalf of directors of a UK company against a
Spanish company and its directors in a high-value commercial
dispute arising from a joint commercial venture in China.
When the Spanish judicial authorities contacted the UK police
regarding allegations of fraud and commenced a criminal
investigation, Gary Lesin-Davis, head of EAD Solicitors' fraud and
criminal law department, was instructed to represent the company
and its officers in their defence.
The ongoing case has involved working in cooperation with
Christian Mesia of RCD Lawyers in Madrid. Gary said: "When criminal
allegations of a serious matter are being investigated, as ever,
having the ...
Posted : 07 May 2010
EAD Solicitors Expands
Liverpool-based law firm EAD Solicitors has expanded with the
addition of a new Huddersfield office. Eight former members of
Thornleys Solicitors Huddersfield staff are now part of the EAD
team and will continue to focus on providing services to members of
the Unite trade union in the region.
EAD Solicitors has a strong reputation for personal injury and
employment litigation and has close links with the trade union
movement across the North and beyond.
Said Tom Doherty, one of EAD Solicitors' founding partners and a
specialist in high-value personal injury claims for trade union
members: "We are proud to be one of the main legal service
providers for a number ...
Posted : 27 April 2010
Maid sues employers over ‘slave’ lifestyle
A foreign maid who claims that a wealthy couple treated her like
a slave during underpaid, 16 hour shifts is suing her employers for
a reported £750,000, a tribunal heard this week.
Yoyoh Binti Salim Udin has launched a series of damaging claims
against Firas Chamsi-Pasha and his wife, Lina Chamsi-Pasha, through
the Central London Employment Tribunal after they allegedly
slapped, strip searched and banned the 39-year-old from leaving
their home.
The case has seen barbs from both sides over the validity of
Miss Udin's arguments, with Mr Pasha's legal team claiming the
Indonesian maid enjoyed luxury gifts from the couple and constantly
changed her story to reflect hardship.
She was ...
Posted : 26 April 2010
'National Insurance not the biggest election issue’ claim experts
With election leaders continually disputing the benefits and
disadvantages of a rise in National Insurance, research suggests
that the debate is not the most important issue for small
businesses.
In March's Budget, Gordon Brown's government pledged a 1% rise
in National Insurance (NI) to help fill the chasm of debt currently
swallowing Britain's economy. The idea has been fiercely contested
from David Cameron's Conservatives, with over 1,000 business
leaders throwing their weight behind plans to abandon the rise, due
to fears of a double dip recession.
But according to the British Chambers of Commerce (BCC) and
accountancy firm RSM Tenon, political campaigns should be focusing
on more important issues that will ...
Posted : 26 April 2010
New Marketing Initiative at EAD Solicitors
Liverpool law firm EAD Solicitors is getting ready to make a
splash with a new strategic marketing campaign designed to increase
awareness of the company and its services in the region.
EAD Solicitors has retained Prodo Digital Marketing, one of the
North West's leading agencies, to spearhead its new marketing
campaign, which will cover both traditional and new media,
combining PR and marketing with a refreshed website, online search
marketing and a social media presence.
Said marketing manager Michaela Hickson: "We are one of
Liverpool's best established law firms and we have a lot to say.
Law firms are generally very traditional and are typically late
adopters in getting to ...
Posted : 23 April 2010
£400,000 compensation bid launched by diabetic teacher
A diabetic teacher thrown out of an exclusive London prep school
will claim more than £400,000 in compensation for unfair dismissal
at the Central London Employment Tribunal this month.
Liz Matthys challenged Abercorn School in St John's Wood after
staff allegedly harassed, bullied and discriminated against her
following diagnosis in 2007.
According to her legal team, Mrs Matthys claimed she felt unable
to work after January last year because she had endured a year of
abuse. The teacher, whose financial claim includes pension losses,
was signed off work with stress in November 2008 and did not
return.
She lodged a grievance about her treatment, which was dismissed,
and was informed by ...
Posted : 23 April 2010
Landlords welcome buy-to-let improvements
As the buy-to-let market experiences its most positive month in
recent memory, landlords have embraced rising rents, improving
house prices and falling arrears, signifying the "beginnings of a
seasonal surge" in the letting market.
According to the latest figures, the average rent in the UK rose
0.1% in March to £659 per month, the second consecutive monthly
increase, and a 1.5% improvement on last year.
While rents remain 4.0%, or £29 per month, lower than their peak
level in August 2008, yields on buy-to-let property dropped
slightly to 4.7% from 4.8% in February as house prices continued to
rise, outpacing increases in rents.
Tenant arrears have also fallen to their ...
Posted : 23 April 2010
eBay conviction for ‘shill bidding’
Users of online auctioning giant eBay have been told to watch
their actions when selling items or risk substantial fines and
criminal convictions for breaching consumer laws.
The warning follows the criminal punishment and possible £50,000
fine placed on regular eBay seller, Paul Barrett, after he was
found to be "shill bidding".
Shill bidding, whereby sellers bid on their own items through
fictitious eBay accounts to drive up the sale price, breaches
consumer protection laws, although many are unaware of the
practice's illegal nature.
The 39-year-old pleaded guilty to 10 offences at Skipton
Magistrates' Court following extensive investigation by North
Yorkshire Trading Standards officers, who responded to complaints
from Mr Barrett's customers ...
Posted : 23 April 2010
SMEs ‘pessimistic’ over market outlook
The first quarter of 2010 has failed to douse financial flames
spreading across SME offices as research reveals many are fearful
for the year ahead and await the general election before altering
their outlook.
According to insurer Aviva, 60% of SMEs expect conditions to
"remain difficult" for the rest of 2010 and a further 32% believe
there is a "real risk" of a double dip in the economy. By contrast,
only 14% were optimistic that green shoots would appear during 2010
and only 9% had seen their prospects actually improve during the
first three months of the year.
But fortunes could change for better or worse following one of
the ...
Posted : 23 April 2010
Glue dynasty ‘comes unstuck’ over trust details
The family of a famous inventor are embroiled in a legal battle
over the financial divisions of their ancestor's trust, as legal
fees threaten to overshadow victory for either side.
The de Bruynes are one of Britain's wealthiest families
following success in the construction market, established by
ancestor Dr Norman de Bruyne, inventor of the famous Araldite
glue.
But the inventor's son, daughter-in-law and grandchildren are
now squabbling over the family trust created to divide share assets
from the late Dr's Techne Corporation, worth several million
pounds.
In 1971, Dr de Bruyne's created a trust in his wife and
children's name to detail provisions for his multi-million pound
fortune. These were passed ...
Posted : 23 April 2010
Employers punished as illegal worker fines double
The total annual fines levied against companies who employ
illegal workers have doubled since 2008, according to the UK Border
Agency (UKBA), as employers hand over more than £22.1m in
penalties.
Following alterations to the UKBA's enforcement methods, 2,210
civil penalties were levied against employers in 2009, with fines
totalling £22.1 million, almost double the figures for 2008 when
1,164 penalties were issued, worth £11.2 million.
In 2008, the government agreed to increase UKBA powers to
enforce £10,000 fixed penalties for every illegal worker found in
employment. By contrast, in 2007, before such powers were
introduced, there were just 38 prosecutions sought by the UKBA.
The figures were obtained by consultants ...
Posted : 23 April 2010
High Court clarifies blog libel liability
Blog owners must leave potentially libellous comments alone
until notified that they are breaking the law or risk court
punishment, the High Court has ruled.
Alex Hilton, operator of a Labour Party opinion blog,
Labourhome.org, was taken to court by political activist Johanna
Kaschke after a site user's submission accused the activist of
roots in terrorism.
Writer John Gray's post stated that Ms Kaschke had been arrested
in Germany for links with the Baader-Meinhof terrorist group. While
not denying that she had been arrested, Ms Kashcke was not adjudged
to be a terrorist supporter and sued the site for libel.
Mr ...
Posted : 13 April 2010
Stall in trading worries SMEs
Despite the recession officially subsiding at the end of last
year, 71% of SMEs have seen little or no improvement in trading
levels compared with 12 months ago, according to new
research.
uSwitchforBusiness.com has found that 63% of SME bosses are finding
trading conditions tough in the current climate, 5% more than late
2009. The recession's scars are still visible as 44% claim it will
take more than a year to recover and 10% believe their future is
uncertain.
However, some SMEs are optimistic about the position the recession
has left them in. 11% say that they are in better shape than they
were before the ...
Posted : 13 April 2010
Employment damaged by immigration changes
While the government rolls out drastic changes to the
immigration system, market experts believe alterations could have a
negative impact on the diverse and skilled nature of Britain's
workforce.
As of 6th April, significant changes to Tiers 1 and 2 of the UK's
points-based immigration system were enforced under the Statement
of Changes in Immigration Rules.
Alongside a string of adjustments to foreign student eligibility
and Tier 1 leave periods, modifications to the points-based system
will limit the movement of foreign non-EU workers in
employment.
According to the Home Office, Tier 2 migrants seeking to transfer
between countries and work at their ...
Posted : 13 April 2010
Homeowner market confidence on-the-up
The vast majority of homeowners are confident that property
prices will rise over the next 12 months, as new research banishes
the doom and gloom of recent years.
According to the latest Housing Market Sentiment Survey from
Zoopla.co.uk, 81% of homeowners believe property prices will
increase compared to just 30% last year.
Only 9% of homeowners feel that property values will fall over the
next six months whilst a further 10% expect prices to remain flat.
The average growth predicted by those surveyed is for house prices
to rise by an optimistic 5.7% by October.
In addition, confidence in the housing market is ...
Posted : 13 April 2010
Financial ruin after ‘scooter crash on aisle four’
A supermarket worker has been awarded compensation after
damaging her knee in a collision with a disabled shopper, leaving
the culprit unable to keep her home.
In late 2005, 42-year-old Morrisons employee Denise Bird was
operating a flatbed trolley when 61-year-old Gloria Brown ploughed
in to her knee. Ms Brown was shopping for groceries but another
scooter reportedly shunted her into the unsuspecting worker.
Four months later, Ms Bird took the pensioner to County Court
for personal injury compensation. Ms Brown was found liable for the
accident and ordered to pay £5,628 for negligence and £10,129 in
costs, including £3,000 to Morrisons itself.
The court agreed with Ms Bird's allegation ...
Posted : 13 April 2010
"Watch your will writer" urges Law Society

With New Year's resolutions springing up across the
nation, the Law Society has called for one resolution to become
universal; make sure your will is lawful.
Over half the population are yet to make a will and the New Year
may seem as good a time as any to sort out family matters. But be
warned, a significant proportion of wills created in the coming
months are likely to have been written by unqualified will writers,
leaving individual's open to further anguish if a death
unfortunately occurs.
Paul Sharpe, Chairman of the Institute of Professional
Will-writers, and the Law Society have pleaded ...
Posted : 13 January 2010
Landlords Fearing Regulations in 2010

According to Paragon Mortgages, 58% of landlords said they were
worried about the level of regulation required in relation to the
running of their property businesses during the year.
With almost 50 Acts of Parliament ring-fencing the private
rented sector, and 70 sets of regulations governing the total
sector, the government's recent announcement that a national
mandatory registration scheme for landlords could become a
possibility has done little to alleviate fears.
"It is not surprising that regulation tops the list of
landlords' concerns for the year. They already have to comply with
a myriad of regulations, which seem to be regularly added to or
amended by ...
Posted : 13 January 2010
Defending in Welfare Benefit Fraud Cases
In these times, when public money is tight the pressure is
increasingly on government agencies to recoup money and prosecute
"benefit cheats." In the first of a series of articles, a leading
defence solicitor and higher court advocate, Gary Lesin-Davis of
EAD Solicitors LLP looks at giving you a better understanding as to
what steps can be taken when the welfare benefit fraud
investigators come knocking....
Usually, the first sign of trouble, apart from seeing strange
cars driving up and down the road either first thing in the morning
or last thing at night, is getting a letter through the door
telling you to come in for a formal ...
Posted : 10 December 2009
Liverpool Law Election Results
Two members of the firm EAD Solicitors LLP have today been
elected to positions within the Liverpool Law Society.
Steve Cornforth, deputy managing partner will hold the role of
Honorary Treasurer and Cathy Fielding, partner in the personal
injury team has been named Joint Honorary Secretary.
These elections maintain EAD's long-standing tradition of
supporting the region's Law Society. Both Steve and Cathy have held
previous positions at the Liverpool Law Society; Steve as Joint
Honorary Secretary and Cathy as chair of the society's Social
Events Committee. Former presidents from EAD also include Paul
McCarthy and John Leith.
Posted : 08 December 2009
EAD Solicitors perfect their handlebar moustaches to raise money for men's health

Staff at EAD Solicitors will sport a distinctly 70's look this
month as 22 employees take part in 'Movember'; a charity event
which sees men of all ages take on the challenge of growing
moustaches or beards for a month to raise funds for The Prostate
Cancer Charity.
The team at EAD, ranging across the firm right up to partner
level, is joining 200,000 others worldwide in putting aside their
razors throughout November.
Steve Campbell, partner at EAD said of the challenge:
"It's getting to the itchy stage now and we've been getting very
funny looks in meetings.
"We've had tremendous sponsorship support from colleagues,
clients and ...
Posted : 16 November 2009
EAD's team take on the Corporate Run

EAD Solicitors LLP submitted a team of 37 to the annual
Corporate Run on Sunday in a bid to raise desperately needed funds
for Nugent Care- a Merseyside-based care charity founded over 100
years ago.
The run, organised by the Liverpool Chamber of Commerce and the
Liverpool Law Society, saw lawyers, barristers and staff from local
businesses hit the 5k track that took them on a whistle-stop tour
of the city's waterfront. But the EAD team certainly made one of
the biggest impressions with a massive 37 members of staff turning
up in matching branded t-shirts.
Charles Boulton, a partner in the firm's Private Client ...
Posted : 01 October 2009
Assaulted bar person wins fight for compensation

GMB member Ann Joyce, advised by EAD Solicitors LLP, has been
awarded damages of £7,500 after she was assaulted while working
behind the bar on New Year's Day.
Ann worked in a pub in Liverpool as a part-time bar person to
supplement her income whilst training to be a nurse. On New Year's
Day two drunken customers became abusive. Ann tried to calm the
situation, but was punched in the face by one of them. Although
fortunately no bones were broken, Ann was left with a bleeding
nose, black eye and her face cut.
...
Posted : 06 August 2009
EAD Solicitors recognises Liverpool's top legal talent

EAD Solicitors LLP has continued its support of Liverpool
University Law School by awarding the 2009 EAD Solicitors
Employment Law Shield to Charlotte McHugh.
Paul McCarthy, partner at EAD Solicitors LLP presented the award
at the official ceremony at the Marriott Hotel, Queen Square,
Liverpool.
The EAD Employment Law Shield is awarded to the student who
achieves the highest marks in the employment law paper. Charlotte
gained a First Class Honours Degree in Law and will shortly start
her Legal Practice Course - the next step to becoming a
solicitor.
Paul also presented the Conkerton ...
Posted : 23 July 2009
Chelsea 0 EAD Solicitors 1

It was a bad day for Everton fans when Chelsea lifted the FA Cup
trophy on Saturday, but law firm EAD Solicitors did at least manage
to bring the trophy back to Merseyside last week.
Lee Flaherty, a Legal Executive in the Personal Injury department
won a competition held by travel provider National Express to get
the trophy brought to their office for a day - and he says that it
was the next best thing to an Everton victory.
Lee said: "We all had great fun with the trophy on Thursday, and
the experience got us ...
Posted : 01 June 2009
EAD Solicitors shortlisted for Personal Injury team of the Year
EAD Solicitors LLP has continued its support of Liverpool
University Law School by awarding the 2009 EAD Solicitors
Employment Law Shield to Charlotte McHugh.
Paul McCarthy, partner at EAD Solicitors LLP presented the award
at the official ceremony at the Marriott Hotel, Queen Square,
Liverpool.
The EAD Employment Law Shield is awarded to the student who
achieves the highest marks in the employment law paper. Charlotte
gained a First Class Honours Degree in Law and will shortly start
her Legal Practice Course - the next step to becoming a
solicitor.
Paul also presented the Conkerton Memorial Prize on behalf of
Liverpool Law ...
Posted : 21 May 2009
One rule for one...?
I am sometimes asked about the relevance of law to everyday life
and to real people. Any review of media reports over the last week
or two would answer that question and as an employment lawyer, my
daily case work touches the lives of my clients through their jobs,
how they are treated at work and whether they even have a
job.
The most obvious current case relates to our representatives in
Parliament, Honourable and Right Honourable MPs. I could spend
pages analysing the "unfortunate accounting errors", but I approach
this issue from the perspective of an ordinary worker. Some MPs
seem to have claimed mortgage ...
Posted : 21 May 2009
EAD Solicitors LLP appoints new solicitor to join expanding Clinical Negligence team
EAD Solicitors LLP has appointed solicitor Jennifer Lowe to its
expanding Clinical Negligence department. Jennifer qualified as a
solicitor in 2007 and joins from Walker Smith Way in Wrexham, where
she was a solicitor working on clinical negligence cases.
Commenting on her decision to join the firm, Jennifer said:
"Before I joined EAD I was aware of the excellent reputation of
both the Clinical Negligence team and of the firm as a whole. I am
thrilled to be joining EAD as it serves such a wide range of
clients and helps individuals with a broad variety of injuries and
issues.
...
Posted : 21 May 2009
Equal pay and equality
Equality and equal pay is a growing issue and we have a few
obvious gaps to address but on a tight budget. Can we, in the name
of equality, reduce the salaries of some male employees to match
the women at the same level and if so, how should we go about
it?
It is possible to reduce a particular sex's salary for equality
purposes. There are two main methods of reducing salaries which
employers are undertaking on a wide scale basis.
One method is to dismiss the male employee and re-employ him on
different terms and conditions. In practice, the only ...
Posted : 21 May 2009
EADsecures compensation for victim of sexual assault
EAD Solicitors LLP, acting on behalf of a GMB member's 18 year
old daughter, has recently helped secure compensation for her after
she was the victim of a sexual assault.
The girl, who cannot be named for legal reasons, was assaulted by
a stranger when she was 17 and EAD Solicitors took her case to the
Criminal Injuries Compensation Authority.
Helen Powell, who works as a solicitor in the Personal Injury team
at EAD Solicitors and who dealt with this case commented:
"Both myself and my client were shocked when her claim was
initially rejected on the basis that ...
Posted : 15 May 2009
EAD Paralegal Appointed Vice-Chair of Junior Lawyers Division
EAD Paralegal Appointed Vice-Chair of Junior Lawyers
Division
Ingrid Bialozynska, a paralegal at Liverpool law firm EAD
Solicitors has been appointed to the position of Vice Chair at the
Merseyside Junior Lawyers Division (JLD).
Ingrid was elected to the position by members of the Merseyside
Junior Lawyers Division (including paralegals, trainee solicitors
and solicitors with up to five years post-qualification
experience).
Ingrid has today taken up her new role and will hold the position
for one year. She will now act as a representative of all junior
lawyers in the Merseyside area.
Ingrid said: "I put myself forward for ...
Posted : 14 May 2009
Risk management in the real world
There is a lot of talk about the importance of Risk Management
and how it can be used most effectively. It is certainly a subject
of topical interest. But what does it actually mean in the real
world? And how do we get it onto our firms' agenda?
We have to start with our partners or members. Unless we have
commitment from the top it is no more than a fringe activity. Three
immediate problems come to mind -
- How do you educate the omniscient? Partners know everything.
They have been there. They have built up the business their
way.
- How do you educate the uninterested? How often do ...
Posted : 13 February 2009
GMB Member Scores Claims Hat Trick

GMB Member John Swift sustained an injury in an accident at
work.
Through the GMB he was referred to EAD Solicitors LLP. His
Solicitor Paul McCarthy obtained a medical report which concluded
that the injury from that accident was minor.
His Employers' Insurers offered £3,000.00 to settle the claim.
However the medical report also referred to two earlier accidents
at work. John had not thought to claim compensation for those other
two accidents even though the injuries were serious. The GMB was
prepared to support him in bringing claims for compensation for all
three accidents. Further medical evidence was ...
Posted : 03 November 2008
Stress in the workplace - the legal position

Stress is a present and growing problem in the workplace. The
situation is likely to get worse before it gets better. During the
current financial downturn we will be seeing lower pay, longer
hours, increased pressure and therefore more workers becoming
stressed. An increase in stress is likely to correspond with an
increase in claims for compensation.
The purpose of this article is to look at the present state of
play as far as such claims are concerned.
Stress itself is difficult to define. It is far more vague than
say hearing loss or a broken leg. It is defined on ...
Posted : 17 July 2008
EAD Solicitors LLP present shield to top Liverpool University law student
EAD
Solicitors LLP has continued its support of Liverpool University
Law School by awarding the 2008 EAD Employment Law Shield to Rachel
Bott.
Paul McCarthy, partner at EAD Solicitors LLP, presented the
shield and a cheque for £200 at the official awards ceremony on
Friday 4 July 2008.
He commented:
"We are delighted to continue our support of Liverpool
University by presenting the EAD Employment Law Shield to
Rachel.
"The firm and its partners have a long standing association with
the University and we are proud to play a small part in the future
development of Liverpool's legal profession.
"We would also like to wish Rachel ...
Posted : 14 July 2008
Golf day a big hit for EAD
EAD Solicitors LLP successfully
hosted its annual golf day at Formby Hall Golf
Resort this month - and businesses throughout the region turned
out in force.
As well as the overall winner there were a number of additional
prizes, including nearest the pin and longest drive.
Commenting on the day, Gerry Edwards, partner and head of
commercial property said:.
"It was very worthwhile to arrange an event, away from the usual
office environment, for clients and business partners. The feedback
we have received has been excellent and we are looking forward to
building on its success and staging further golf days on a regular
basis."
Pat Higgins ...
Posted : 17 June 2008
Road Traffic Accident claim for taxi driver
EAD Solicitors LLP have recently settled a Road Traffic Accident
claim for a taxi driver in which the insurers alleged low speed
impact caused no injury. The Defendant did eventually accept
responsibility for the accident, however the Defendant's lawyers
alleged that the impact was not sufficient to cause an injury and
produced an engineer's report which appeared to support this. The
Defendants lawyers also alleged that our client only suffered a
minor injury and produced their own orthopaedic evidence, which EAD
Solicitors LLP successfully countered with our own medical
report
Consequently, the matter proceeded to a full hearing and the
significant outcome of EAD's success is that ...
Posted : 01 June 2008
New era for EAD solicitors
This month sees the launch of a new era at EAD Solicitors with
the firm unveiling a new look management team, completing its
merger with Widnes practice Poole Swale and converting to LLP
status.
The new look management team sees long standing partner Mike
Sexton taking on the senior partner role from Tom Doherty, the
founding member of EAD in 1989. Partner Steve Cornforth also takes
on the newly created role of deputy managing partner. Both Mike
Sexton and Steve Conforth will work closely with EAD's managing
partner, Garry Abrams.
After stepping down as senior partner, Tom Doherty will continue
as a partner specialising ...
Posted : 02 May 2008
Trainee Solicitor takes on Law Society Role
Suzanne Carse, trainee solicitor at law firm EAD has been
appointed as social representative for the Law Society's Junior
Lawyers Division - launched in April this year to offer support and
advice to student members throughout England and Wales.
Suzanne's new role will see her organising a variety of initiatives
and social events for junior lawyers throughout Liverpool.
Commenting on her appointment, Suzanne said: "I am very excited
about taking up this role.
"I think social networking events and other out of office
activities are important for junior lawyers in particular as they
look to progress and develop their own contacts. It is ...
Posted : 02 May 2008
EAD scoops top award at Society Dinner
This year's Liverpool Law Awards, organised by Liverpool Law
Society, saw EAD Solicitors awarded 'Dispute Resolution Team of the
Year' at the ceremony held at the Crowne Plaza Hotel on Saturday, 9
June.
The winners at the awards - which celebrate the elite within the
profession - were decided by a ballot of all law society members
who could not vote for their own firm.
At the awards dinner, the team was commended for its growth and
progress over the last 12 months.
Tom Doherty, senior partner and head of dispute resolution at EAD
said of the win:
"We are ...
Posted : 11 June 2007
Helen Barry to speak at Encephalitis Society seminar
Helen Barry, Head of Clinical Negligence at EAD Solicitors, has
been invited to speak at the 'Encephalitis Society Seminar'. The
professional seminar will take place at the Neurosupport Centre in
Liverpool on January 16, 2007.
Helen will provide an overview of clinical negligence and look
at case studies relating to Encephalitis.
The seminar is sponsored by EAD Solicitors and will include
other keynote speakers such as: Prof. Barbara A Wilson OBE, MRC
Cognition and BrainSciences, Cambridge and Prof. Michael Kopelman,
Dept. of Neuropsychiatry, St Thomas's Hospital.
Says Helen Barry: "I am delighted to have been invited to speak
at this Seminar. The Encephalitis Society is an important resource
for people suffering ...
Posted : 14 November 2006
ABI Proposals
The A.B.I.'s (Association of British Insurers) proposals for an
increase in the Small Claims Limit and a simpler, faster,
compensation process have been "thrown into disarray" following the
near collapse of a similar scheme in Ireland says Mike Sexton, head
of Personal Injury at E.A.D. Solicitors in Liverpool.
Sexton, who has long been against proposals to raise the Small
Claims Limit as he believes that it would disadvantage the
Claimant, points to statistics from the Personal Injuries
Assessment Board (P.I.A.B.) in Ireland, the body set up to
eliminate Court proceedings, showing that it is now making awards
in just 1 in 8 personal injury claims.
Posted : 01 November 2006
Inaugural EAD golf classic 2006

EAD's inaugural Golf Classic took place during the summer at
Carden Park Hotel & Golf Centre, Chester. The partners and
staff entertained clients for what proved to be a memorable
occasion.
The days leading up to the event did not bode well with wind, rain
and below average temperatures which left the organisers searching
for a "plan B" (an indoor lecture on the Laws of Golf) but it all
came right on the day with several players sporting colourful
shorts as the sun shone down.
24 players in teams of four all ranging in handicaps teed off for
a ...
Posted : 01 October 2006
Vicarious Liability and Harassment

I was speaking at a Personal Injury Conference in July 2005 and
asked for a show of hands of those who were still taking on Stress
Cases. I was met with a predictable groan from those who did and
glassy eyed stare from the rest. It is fair to say that, apart from
Union lawyers, most Personal Injury practitioners have been giving
these cases a wide berth. And understandably so since the Hatton v
Sutherland cases.
But the House of Lords decision in Majrowski v. Guy's and St.
Thomas' NHS Trust is certainly cause for hope, if not yet
celebration.
The factual ...
Posted : 20 August 2006
EAD Solicitors announces...

EAD Solicitors is to continue its expansion with a move to new
offices at Prospect House, Columbus Quay, Liverpool. Prospect House
is a stunning four storey property fronting onto Sefton Street and
overlooking the River Mersey. With 13,000 sq ft of available space,
the new offices will enable the firm to relocate its entire
Paradise Street workforce. It will also facilitate the firm's
continued growth, providing a first rate working environment and
state of the art facilities.
To complement the move, EAD has unveiled a new logo, corporate
identity and website to differentiate the firm and enhance it's
reputation.
Posted : 10 April 2006