Bonallack and Bishop gain Law Society Conveyancing Quality Scheme accreditation

By Tim Bishop | Published: May 21, 2013

Law Society Conveyancing Quality Accredited

 

 

Law is getting increasingly complex – not least the law and practice involved in the purchase and sales of houses and flats [you would be surprised at the increase in the number of traps for the unwary – for example if the house your buying or selling has a solar panels attached to the roof].

That’s why it’s important that the solicitors you appoint really know what they’re doing – and the best way of checking that is, whether they are members of the right specialist panel.

When it comes to conveyancing, the Law Society’s Conveyancing Quality Scheme is the recognised quality mark run by the Law Society itself for those solicitors who specialise in buying or selling property. What’s more, the Conveyancing Quality Scheme is trusted by some of the UK’s largest mortgage companies [including Santander, HSBC, Clydesdale and Yorkshire Bank] who require membership of the scheme for membership of their lender panels.

Getting on this quality assurance scheme isn’t automatic – all the Law Society Conveyancing Quality Scheme firms have to go through a process of rigorous testing to show that they have a specialist level of knowledge, experience and practice in property law.

So if you are buying or selling a house or flat, make sure that you appoint a quality conveyancing solicitor who is a member of the Law Society scheme.

Get in touch today for quality conveyancing advice

The conveyancing solicitors at Bonallack & Bishop have the experience and know-how needed to help you with the purchase or sale of your house or flat.

So for expert legal advice, dial 01722 422300, or

Get in touch by filling out our contact form below.

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Choosing the right business law solicitor for your business

By Tim Bishop | Published: May 19, 2013

Generally, unless you and are confident you are able to handle potentially technical issues or have a legal background, it’s always best to seek advice from a professional qualified commercial solicitor when it comes to issues surrounding business law. Understanding when to take legal advice can be difficult for many small businesses and it can also be tricky to find the right solicitor when one is needed, i.e.:

• specialist legal advice is usually required in situations such as intellectual property and patents and contracts for employees, customers and suppliers

• In contractual situations, ranging from dealing with regulations that are specific to your sector, business structure, issues with financing or setting up a partnership, drafting a shareholders agreement, specific and professional legal advices will often be required

• in circumstances where legal action is being taken against or on behalf of your company, or you become involved in a business partnership dispute, you should always seek legal advice.

• Getting the right terms and conditions for your business is sometimes the simplest and most important bit of legal advice you can get from a business law solicitor – it is also one of the cheapest and it’s amazing how few companies pay enough attention, if any, to their T and Cs

However minor issue resolution can often be aided by the wealth of information available on the internet.

Recommendations from colleagues and friends is always a critical factor when choosing the right law firm to use. Also reading reviews online and visiting any potential solicitors website will give a better understanding as to their capabilities in specific matters – in particular to check out if they meet the requirements to solve any technical or specialist issues you may have.

Contacting the firms you believe best suit your requirements by phone, is the logical next step. This will give you the opportunity to ask any initial questions you might have prior to any formal meetings, such as questions about similar cases to yours they may have worked on and also a request for references from any previous clients. It also gives you the opportunity to arrange an initial meeting with those working specifically on your case.

It is highly recommended that a meeting to discuss your case in person is arranged. The only exception to this would be when a firm is drafted in from outside your immediate area due to their specific expertise, in which case communication via phone or email is the only viable communication method. For the last few years, we have often provided city quality intellectual property legal advice at local prices – all over the country without actually having to meet the client, taking their instructions by email and phone.

Ensuring all case specific documentation is with you at your first meeting with your chosen solicitor is of high importance. Such documents may include your business plan, employee details and any company finance documents.

Wiltshire Business Law Advice -  Call us on 01722 422300

For business law advice in Wiltshire you can rely on, all us today – or email us at salisbury@bishopslaw.com

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The financial side of divorce – 5 myths

By Tim Bishop | Published: May 17, 2013

If you are about to undergo divorce proceedings you are likely to grappling with difficult emotional issues. However, it can also be difficult to face up to the potential financial consequences of divorce, particularly when so many myths circulate about the financial side of divorce. Here, we will set straight 5 popular misconceptions about divorce.

1. All assets are always split 50:50 when you get divorced

This is perhaps the most common myth and whilst assets are sometimes divided roughly equally, it is by no means an absolute rule. The division of assets depends entirely upon the specifics of the case. Whereas an equal division may be fair in one instance it will not be fair in another and courts recognise this. If one partner earns significantly less than another, they may find that the court considers it unfair to give them half but if they have made significant contributions in the home are likely to increase their share. The court will consider the duration of the marriage, the assets in question, the relevant contributions of the spouses and their ages in any ruling.

2. Pensions are irrelevant to financial settlements

Those who think this are very much mistaken. Pensions are in fact a key asset in divorce proceedings and both the husband and wife’s pensions will generally be considered as part of the marital pot. Dividing pensions can be very complicated and there are multiple ways of doing this so it is important that expert legal and financial advice is sought from divorce specialists.

3. When I get divorced the house the money and the children will all be sorted out

Unfortunately this is not the case. Divorce is essentially only the legal recognition of your separation. When you receive your decree absolute there may still be financial and child contact arrangements to sort out including the division of assets such as pensions or shares and who (if anyone) gets to stay in the marital home.

In order to finalise such arrangements you will need to make a different application to court. Whilst it is up to you whether or not you finalise your financial arrangements post-divorce we strongly advise that you make formal agreements in order to ensure your long-term financial security and peace of mind.

4. We’ve reached agreements about our finances so everything is sorted

Again, this is untrue. Whilst informal agreements may appear to have brought proceedings to a close they will not be legally binding. Until you formalise your agreements in a court order either party will be able to renege on any deals made. Furthermore, making such agreements without expert help is dangerous because you may agree to things which are not in your interest, therefore ending up with an unfair deal.

5. It is more cost-effective to avoid solicitors altogether

This is perhaps more debatable but it is highly likely that if you attempt to finalise your divorce without the help of expert lawyers it will take longer to reach a settlement and you will overlook things you may be entitled to. As a result it is sensible to instruct an expert divorce solicitor. Furthermore, you partner is likely to instruct a lawyer, so don’t put yourself at a disadvantage before negotiations have even begun.

For expert advice on your divorce call Bonallack and Bishop

If you have any further questions on divorce that you would like clearing up, our expert team of divorce solicitors would be happy to help you.

Call 01722 422300 for a FREE initial phone consultation or,

Drop us a line a Salisbury@bishopslaw.com

 

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Drfosterhealth.co.uk – leading the fight against medical negligence in the NHS

By Tim Bishop | Published: May 15, 2013

Nothing is more important than the health of you and your family so it is therefore comforting to know that the hospital you or a family member is admitted to has a good reputation, a low fatality rate and consultants who specialise in your particular ailment. In the past it was extremely difficult to find these things out about your hospital but that is all changing with www.drfosterhealth.co.uk.

The excellent Dr Foster website is allows users to compare hospitals and consultants England and Wales based on research carried out by the experts at the Dr Foster Unit from Imperial College London. At a time when some hospitals are falling behind and far too many negligent medical professionals are causing patients to suffer, we believe that this website is of crucial importance. Rather than just comparing various hospitals, the Dr Foster Unit is changing the standards required of hospitals and is therefore encouraging medical services in the UK improve.

The website has many interesting features and we encourage anyone who requires hospital treatment to use it for important information. Below is a list of a few of the features which we believe are particularly impressive:

• Information about the services offered by different hospitals in different areas allowing to patients to find an appropriate hospital which is nearby

• Various possible search criteria including specific procedures, NHS trusts and consultants by speciality

• The Dr Foster Health Guide: this PDF document which can be downloaded from the website’s homepage. This guide is an excellent tool for comparing the performance of hospitals and NHS Trusts across the UK based on mortality rates and various other points of comparison

• Information about procedures and the best places to have certain procedures done

Our expert medical negligence solicitors have dealt with many medical claims over the years and the fact that the hospitals which score poorly are the same hospitals that face the most medical compensation claims does not shock us at all. Therefore, we will be following the example of the excellent Dr Foster website by naming those hospitals which we feel should be avoided as well as mentioning those which have maintained high standards.

Expert medical negligence solicitors at Bonallack & Bishop

For FREE initial advice about your medical negligence compensation claim, call one of our specialist solicitors on 01722 422300,

Alternatively, you can reach us via email at

Salisbury@bishopslaw.com.

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Problems linked with the DePuy Pinnacle hip replacement recall

By Tim Bishop | Published: May 13, 2013

DePuy, Johnson & Johnson’s orthopaedics unit which was forced to recall 93,000 of its ASR hip devices in 2010, is facing problems with another of its products. The DePuy Pinnacle hip replacement has been the subject of numerous complaints from patients and like the ASR hip devices, the failure rate is unacceptably high.

Here are some of the problems which patients who have had the DePuy Pinnacle hip replacement fitted have complained of:

Hip pain

Hip pain with no obvious cause is often considered an indicator that something has gone wrong with a hip implant. Some of those implanted with the Pinnacle hip replacement have complained of such pain and it is advisable for anyone this affects to go and see their doctor immediately.

Metallosis

Many of the Pinnacle hip devices are formed of two metal parts. These metal on metal hip relacement models have been found to cause problems when the metal parts wear. As the components wear down, tiny shards of metal fleck off into the blood and tissue around the hip, possibly causing the blood to become poisoned. This condition is known as metallosis and it can lead to pain, swelling and even the loss of bone.

Loosening of the hip replacement

The DePuy Pinnacle device is supposed to attach firmly to the acetabulum (hip bone) but sometimes a component will come loose. At present, biomedical engineers are unsure whether or not the Pinnacle hip is likely to loosen in the same way as the ASR devices, which were very liable to come loose.

Dislocation of the hip implant

If the ball component (which is rooted in the femur) comes free of the cup (attached to the hip bone) it is possible for the implant to dislocate. Few problems with hip implants are more painful than dislocation and whilst this was a common issue with the ASR devices it is unclear how likely Pinnacle devices are to dislocate.

Follow-up surgery

When a hip replacement is approaching the end of its life cycle, or it is causing complications such as those listed above, the patient may require a follow-surgery known as a ‘revision’. These procedures are difficult for surgeons and usually entail painful recoveries for patients. Such further surgery will generally only be taken when no other avenues are open to remedy the problems with the implant.

Victim of the DePuy Pinnacle Hip Replacement Recall? Call us today

Finding out that you have been implanted with a defective medical product can be extremely traumatic. If you suffer injuries or financial loss as a result of the DePuy Pinnacle hip replacement recall, the expert medial negligence solicitors at Bonallack & Bishop could help you claim compensation wherever you live in England and Wales.

For FREE initial telephone advice and a FREE first interview, dial 01722 422300, or

Email us via the contact form below:

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UK a popular destination for divorce tourists

By Tim Bishop | Published: May 11, 2013

UK courts have seen an enormous increase in the number of international divorce cases in the last 12 months according a report from The Times, adding to the perception that the UK is now divorce capital of the world.

Divorce cases dealing with clients from abroad have increased dramatically in recent times. There were 150,000 divorces brought before the courts in England and Wales last year of which nearly 25,000 could be categorised as ‘international or overseas divorce’ cases. That means that over 16% of all cases dealt with by the UK courts included people who came from overseas.

Interestingly, when narrowed down to divorces involving huge sums of money in London, around half of cases involved people from other countries, showing that this trend is largely attributable to UK courts’ roles in settling financial disputes between the world’s wealthiest.

Following globalisation and the enfranchisement of both UK and foreign nationals in many areas, those who have moved away from England and Wales, or those from abroad who have settled in the UK are keen to use English and Welsh courts.

It is also thought that many people from outside the UK flock to our courts because of the leniency afforded in divorce cases, particularly when it comes to financial settlements. The spouse with the lowest income is well served by UK financial settlements whereas they tend to receive lower shares from divorce proceedings in their native countries. In some cases, people are even relocating to the UK for a couple of years in order to petition for divorce here which is now popularly described as divorce tourism.

Despite the courts in England and Wales developing a reputation for leniency the Court of Appeal is known to be fairly immovable when it comes to overturning the judgements made by foreign courts, with very few rulings overturned.

For advice on your divorce financial settlement call Bonallack & Bishop

There can be a lot at stake when you are settling your divorce finances so make sure that you have the best legal representative on your side. Our divorce team has many years of experience and can help you get every penny you deserve following your divorce.

Give our specialist divorce solicitors a call today on 01722 422300, or send us an email at

Salisbury@bishopslaw.com.

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Revision surgeries following Stryker hip implant recall

By Tim Bishop | Published: May 9, 2013

Those who have been implanted with the Stryker ABG II, Trident or Rejuvenate hip implant have complained of a range of associated health problems including pain, inflammation, metallosis, bone fractures and loosening/detachment of the implant.

Hip implants are usually expected to last between 1 and 2 decades but the Stryker implants have been recalled following reports of abnormally high premature failure rates.

Stryker Hip Problems – the need for further surgery?

Patients who suffer serious health problems due to the implants will require follow up surgeries known as revisions to replace the defective implants. During a revision surgery the surgeon will take out the defective product and replace it with a new device and may also look to repair damaged tissue or bone fractures. The aim of the procedure is to alleviate pain, improve mobility and prevent the defective implant from causing further problems.

The components of the Trident hip implant were ceramic and problems included fractures, swelling, pain, early loosening and a noisy mechanism. Most of the patients affected by these sort of hip replacement problems required revision procedures to replace the device with a functional alternative. These complications led Stryker to issue the hip replacement recall back in 2008.

In 2012, Stryker recalled the Rejuvenate and AGB II devices as well amid fears that the implants were prone to premature degradation. As the metal components rubbed together, chromium fragments were released into surrounding tissue causing metal poisoning, torn tissue and loosening/detachment of the implant.

Revision surgeries are invariably more complex than original hip replacement procedures themselves. Changing a metal component which is attached to a bone is very difficult and some bone may be lost in the process (although this can usually be replaced with bone from a bone bank). Patients may also lose muscle around the joint thus making the foundations weaker and increasing the risk of dislocation of the device.

Problems with your Stryker hip replacement? You could be entitled to compensation claim

If you have suffered pain or other problems with your Stryker hip replacement, and especially if you have had to go through the horrible experience of revision surgery because of a defective hip device,  you could be entitled to claim compensation. The medical negligence solicitors at Bonallack & Bishop have the expertise needed to win your Stryker Hip Recall Claim.

Our specialists are already running a number of hip replacement claims for clients throughout England and Wales, and they offer FREE legal advice over the phone and a FREE first interview. So:

Call 01722 422300, or

Email Salisbury@bishopslaw.com.

 

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Employees taking second jobs – what is your position?

By Tim Bishop | Published: May 8, 2013

It is difficult to make ends meet in today’s harsh economic climate and many workers are taking on secondary employment as a result. As an employer, you may not see a problem with a member of your staff taking on extra hours elsewhere but it is worth remembering that this could cause financial and reputational damage to your business.

So, are there steps you can take to protect your interests?

Broadly speaking, employees’ actions cannot be restricted when they’re outside work. However, there are two situations in which this rule does not apply, therefore allowing employers to safeguard their interests.

1. Breach of the implied duty of fidelity:

There exists in every contract of employment an implied duty of fidelity which compels the employee to act honestly at all times. This implicitly forbids the employee from doing any of the following:

• Disrupting any negotiations your business may be involved in

• Acting fraudulently or using the business for personal financial gain

• Distributing confidential information to third parties

• Poaching clients or personnel

If sufficient evidence could be found to prove that an employee had violated this duty, you would be strongly positioned to dismiss them on the grounds of gross misconduct. However, aside from the need to carry out a fair disciplinary procedure first, the dismissal would only be justified if you could prove that the employee’s actions damaged the finances or reputation of the business.

2. Express clauses:

You can put express clauses in your employees’ contracts of employment which;

i) oblige the individual to obtain permission to take on secondary employment

ii) permit the employer to turn down the request if it is obvious that it poses risks to the business

Employers must carefully asses whether or not an employee taking on secondary employment goes against their business interests. The employee’s role, the business sector and the hours they propose to take on will all need to be considered.

When an employee asks for your permission you should not simply reject their request without assessing the risks. However, things such as potential tiredness posing a health and safety risk should be considered as well as possible conflicts of interest.

Taking on extra hours could push the employer over the limits imposed by the working times directive so you should ensure that the individual signs an opt-out agreement. Until they do this, you should not grant permission.

Need advice on employment law? Call us for employment advice you can rely on

At Bonallack & Bishop, we understand how difficult it can be for employers to keep up to date with increasingly complex employment laws. Thankfully, our expert employment solicitors have vast experience helping businesses with complicated employment issues.

And don’t forget, initial legal advice over the phone on any employment law matter is absolutely FREE.

o So for specialist legal advice, dial 01722 422300 today, or

o Send our employment law team an email via the contact form below.

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What You Need to Know About Conveyancing When Joint Ownership is Involved

By Tim Bishop | Published: May 7, 2013

Too often, conveyancing solicitors give inadequate advice to protect co-owners of properties who do not contribute equally to the purchase price of their home and/or do not wish for their stake in the property to be passed over to their co-owner should they pass away.

Joint purchasers should be made aware that there are two ways in which title to a jointly owned property can be held:

1. Joint Tenants

Under this arrangement, you and your fellow joint tenant will own the whole property together. You will have no specific share in the property and you will be unable to leave a share of the property in your will. Should you separate from your fellow joint tenant or decide to sell the property it will be assumed that you each hold a 50% share of the property’s value, regardless of your respective contributions. Upon the death of either joint tenant, the share will automatically pass to the other.

This arrangement may not suit partnerships in which one tenant makes a significantly larger contribution that the other, or if a tenant wishes to leave their share of the property so someone other than their co-owner upon death.

2. Tenants in Common

Tenants in Common will have a specified shared in the property which may be equal or unequal as set out in the Declaration of Trust, a document determining each party’s interest in the property, to be used in the event of separation. Shares in the property can be passed on to another person, either during your lifetime or your will. In the absence of a will, intestacy rules will prevail.

You may prefer this arrangement if you made unequal contributions to the property price or if you have children from a previous relationship and you would like them to inherit your share upon death for example.

The Law Society advises that tenancy in common is the appropriate form of co-ownership where:

1. the couple is unmarried and

2. they contribute in unequal shares; and

3. there are children from a previous relationship

 However, some solicitors offer poor advice, leading purchasers to become Joint Tenants inappropriately. Our specialist property solicitors know better and would be happy to help you make a professional negligence claim if you have received the negligent advice of a conveyancer.

Posted in Conveyancing, Professional negligence claims | Comments closed

Minister stands to win five-figure payout for defective hip implant

By Tim Bishop | Published: May 5, 2013

A UK defence minister who was left with a tumour along with an ex SAS member could win five-figure payouts having been implanted with a defective hip implant.

Minister Andrew Robathan had a resurfacing procedure carried out in 2006 using the DePuy ASR metal on metal hip replacement device. However, 5 years later Mr Robathan had developed a tumour at the top of his leg, the cause of which was identified by his GP as the all-metal hip device.

DePuy, which is the orthopaedic arm of healthcare powerhouse Johnson & Johnson recalled the product in August 2010 following concerns over high failure rates for the product. Problems were largely caused by the metal components of the implant grinding together releasing metallic debris into the bloodstream.

Mr Robathan blames the implants for the extreme pain that he suffers and claims that he will now need a full double hip replacement, causing him even greater suffering.

DePuy sold the ASR devices all over the world and around 10,000 Britons are thought to be implanted with the all-metal products. Claimants with single hip injuries can usually receive up to £28,000 in damages however this figure can be far higher if the claimant has suffered a double hip injury, experienced significant financial loss or suffered greatly.

DePuy is currently fighting the second of 10,750 hip implant recall lawsuits brought by US claimants and has already received an $8.3 million damages bill after losing the first trial in Los Angeles.

Bonallack & Bishop – hip implant recall experts

If you believe that you have been implanted with a malfunctioning Johnson and Johnson hip replacement you should get in touch with the medical experts at Bonallack & Bishop today. Our specialists can help you recover the compensation you deserve wherever you are living in England and Wales, so:

Dial 01722 422300, or

Email our team at Salisbury@bishopslaw.com.

 

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