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Ilott v The Blue Cross and others: Supreme Court Judgement

Ilott v The Blue Cross and others: Supreme Court Judgement

Previously Ilott v Mitson The Supreme Court recently handed down its long awaited judgment in the highly publicised case of Ilott v Mitson and allowed the appeal of residuary charity beneficiaries of the estate of the late Melita Jackson. It is the first case in which the Supreme Court has had the opportunity to give guidance on what constitutes ‘reasonable financial provision’ within the meaning of the Inheritance (Provision for Family and Dependants) Act 1975. Mrs Melita Jackson died in 2004 leaving a Will, excluding her adult daughter Heather Ilott... Read full article

NHS Resolution

NHS Resolution

On 21 March 2017 the Health Secretary, Jeremy Hunt, announced that the NHS Litigation Authority will change its name to ‘NHS Resolution’. During the announcement, the Health Secretary stated that the NHS Litigation Authority will radically change its focus from simply defending NHS litigation claims to the early settlement of cases, learning from what goes wrong and the prevention of errors. This rebrand follows the launch of the NHS LA mediation service in December 2016 whereby mediation contracts were awarded to the Centre of Effective Dispute... Read full article

Changes in Personal Injury Small Claims Limit

Changes in Personal Injury Small Claims Limit

As part of the Prisons and Court Bill, the Ministry of Justice has announced plans to increase the small claims limit for personal injury claims from £1000 to £5000 for all road traffic accidents and the limit for all other personal injury claims from £1000 to £2000. There are also plans to introduce fixed tariffs to cap whiplash injury claims that last up to two years. Both the Law Society in England and Wales and many legal firms across the country are concerned that these plans will totally undermined the rights of ordinary people to... Read full article

Immigration and NHS Debts

Immigration and NHS Debts

New regulations with regards to NHS charging of patients not ordinarily resident in the United Kingdom (UK) are to come into force in April 2017. The new changes would be an onus on hospitals to undertake necessary checks to establish a patient’s chargeable status i.e. if the patient is eligible for free NHS care or not. An ordinarily resident is defined in Shah v Barnet LBC [1983] 1 ALL ER 266: A person would be ordinary resident in the UK if they are “living lawfully in the United Kingdom voluntarily and for settled purposes as part of the regular order... Read full article

The NHS maternity service is in a state of emergency

The NHS maternity service is in a state of emergency

According to a recent report published by the Royal College of Midwives, England is short of 3500 midwives and the NHS maternity service is in a state of emergency. As well as the shortage of midwives the situation is worse due to the fact that over a third of the UK’s NHS midwives are nearing retirement age. The statistics are that two in five midwives in Scotland and Northern Ireland are in their 50s and 60s and over 1000 midwives in England are 60 or older.  When those midwives retire, this could seriously challenge our maternity units even further and... Read full article

Review of 2016

Review of 2016

2016 was another good year for us and looking back over the last 12 months we have had plenty to be proud of including the firm celebrating the opening of a new fourth office in Southam. The office, which is in Daventry Street, was officially opened in April and has extended opening times every evening Monday to Friday until 6.30pm and is also open every Saturday which is proving very popular with the local community. We also had a very successful year in terms of accreditations and recognition from within the legal profession including: Accreditation to the Law... Read full article

New Year, New Start

New Year, New Start

Quite often we find ourselves entering the New Year full of promise and ambition….lose those few extra Christmas pounds, sign up to a gym, quit smoking and take more walks……All of these resolutions are aimed at having a fuller and fitter life. It is also a time to get ourselves organised ready for the year ahead….plan that well deserved summer holiday, enter that run (the one you swore you would never do!)……..and most importantly, put a Will in place. With all the New Year’s resolutions and the promise of a healthier,... Read full article

Lawyers continue to lobby MPs to change divorce laws to end the unhelpful 'blame game' in divorce

Lawyers continue to lobby MPs to change divorce laws to end the unhelpful 'blame game' in divorce

Resolution – the 6,500 strong association of family lawyers committed to non-confrontational divorce, have recently sent a 150 strong delegation to Westminster to lobby MPs in favour of ‘non-fault’ divorces. Campaigners first fought for a ‘no fault’ divorce back in 1990 and thought they had won when the Law Commission proposed it as part of a new family law Bill. Currently anyone who files for divorce within two years of separation must blame their spouse for the relationship breakdown by accusing them of adultery, unreasonable behaviour... Read full article

Paying the high price of divorce - Shift in divorce settlements

Paying the high price of divorce - Shift in divorce settlements

There appears to be a growing trend of Courts becoming less likely to award generous financial settlements in divorce cases where there are no young children involved. Instead the Courts appear to expect those who divorce to do a lot more to support themselves financially after separation through their own means. Lawyers are seeing very few “open ended” spousal maintenance arrangements being awarded (usually) to wives. Wives in many cases will have been dependent on their husbands to provide financial support to the family during the marriage while they... Read full article

Association of Personal Injuries (APIL) calls for 'Radical change' for bereaved families

Association of Personal Injuries (APIL) calls for 'Radical change' for bereaved families

The Association of Personal Injury Lawyers (APIL) has again highlighted the injustices in the law on statutory bereavement damages in England & Wales. Neil Sugarman, president of APIL spoke to ITV News about the tragic death at work of an 18 year-old, whose bereaved mother is not eligible for the statutory £12,980 payment and emphasised the need for a radical change in the law. He commented that there is no logical reason why the loss of a child who is over 18 should be treated any differently than the loss of a child who is under 18. Jeanette Suckling,... Read full article

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