News

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

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

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

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 9^th, Statutory Maternity, Paternity and Adoption pay will increase to £135.45 per week.

- In addition, Statutory ...Posted : 23 January 2012

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

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

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

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 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

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

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

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

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

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

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

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

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

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!

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.

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

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

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

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

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 4^th 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

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

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

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

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

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

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

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

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

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 35^th 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 5^th 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 TUCPosted : 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 30^th 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 1^st 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 28^th 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 4^th, 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 -

        1. How do you educate the omniscient? Partners know everything. They have been there. They have built up the business their way.
        2. 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

           ---