Chester Solicitor's Latest News

 

Over £3000 Raised for the Hope House Hospice!

Oliver & Co. Solicitors have been taking part in the Hope House Hospice Corporate Challenge, kindly sponsored by HSBC and have smashed their original target by raising well over £3000!

The event was launched on Tuesday 1st September when participants received a £50 note and were set the challenge of raising as much money as possible for Hope House Hospice in three months. 

The Oliver & Co team set about coming up with a variety of schemes including weekly cake bakes, breakfast deliveries, a raffle for a day’s holiday, a charity pub quiz at The Cross Keys in Bridge Street as well as a fundraising evening at Bollicini in Chester with live music from Eskimo Spies.  A whole host of generous businesses in Chester donated prizes to the auction held on that evening, including The Mill Hotel, Oddfellows, Harkers Arms and Upton Golf Club. 

Rhonwen Barraclough said:  The team has thoroughly enjoyed the challenge and we have been overwhelmed by the support from everyone at Oliver & Co and also local businesses.  The team would like to extend a heartfelt thanks to all those who helped.  We are very proud of having raised so much for such a special charity

 

Lord Jackson's Review of Costs

A few weeks ago Rhonwen Barraclough and David Owen from this office, had a meeting with David Chaytor MP.  He kindly agreed to ask some parliamentary questions for us on the issue of Lord Jackson’s current review. 

He felt (and we agreed) that our strongest point was that there has been no independent research to support the need for a review in the first place.  This is particularly relevant given Lord Jackson’s agreement with the Jack Straw’s contention that:-

“I am concerned about another element of legal services – “No win –no fee” arrangements.  It’s claimed they have provided greater access to justice, but the behaviour of some lawyers in ramping up their fees in these cases is nothing short of scandalous.”

Bridget Prentice has confirmed that no research has been carried out on models of funding, the consequences of fixed costs in RTA work or whether there has been any changes in payments since the Woolf Report in 1996. 

In our view, this gives us a concrete basis on which to challenge Lord Jackson’s recommendations in due course.   Surely, there has to be a compelling reason for introducing a wholesale change to the current system of costs and/or  methods of funding etc given the potential adverse implications for access to justice, claimants facing deductions from damages and the further assault on small to medium sized practices (and the inevitable redundancies which will follow)?  If there has been no research, if there is no empirical data, then what is the compelling reason?

The questions and the responses are attached. Click here

Comings and Goings at Oliver & Co

Oliver & Co has recently said “goodbye” to Angela Oliver who retired from the Firm she joined in 1973 and which her husband, Clive, formed in 1964.

After a presentation by Partners & Staff at our office in Chester on October 2nd, a reception was held at Chester Cathedral. This was attended by many local lawyers, members of the Judiciary and Clients past and present.

Senior Partner, David Owen acknowledged the massive contribution Angela had made to the development of the Firm and to its reputation as a leading Law Firm operating from Chester, Angela herself thanked colleagues and Staff (past and present) while entertaining those present with her nostalgic reminiscing of how the life of a Solicitor had changed since her career began.

Oliver & Co has now taken steps to bolster both its Commercial & Private Client Departments and to extend its network by opening an office on Wirral. Following the closure of 190 year old Wirral based Firm, Lees Lloyd Whitley, Oliver & Co moved quickly to recruit leading Corporate Lawyer Tim Polding to head up the Commercial Department while also recruiting from Lees Lloyd Whitley, David Sewell (with over 30 years experience in dealing with Commercial Property), Paul Armstrong (whose expertise in Wills, Probate & advising the elderly will enhance the Private Client Department) & Frank Rogers as Head of Business Development with responsibility for Client Management & growing the Practice across Wirral, Chester and the North West.

Senior Partner David Owen said:

“All of us at Oliver & Co were sorry to see Angela Oliver retire but we wish her and her husband a long and happy retirement. The legacy they have left us sees Oliver & Co as a well respected and well established Law Firm with a reputation for establishing long term Client relationships based on the personal and professional service the Firm provides.

The recruitment of Tim Polding, David Sewell, Paul Armstrong & Frank Rogers is an indication of the positive vision we have for the future growth of the Firm, especially in meeting the legal needs of our Business Clients. While we have established an excellent reputation in this area and, throughout North Wales, we are now looking to develop and maintain the relationships that Tim and his colleagues have already established on Wirral and throughout the North West. I have no doubt that Oliver & Co will continue to grow and develop while maintaining its reputation for excellence in relation to legal services.”

Tim Polding said:

“As a Chester resident with strong ties to the City and surrounding area this is an exciting opportunity for me to head up an expanded Commercial Department at Oliver & Co. This is a Firm whose reputation I have been aware of for many years and I am delighted to have been given an opportunity to join them. We now have an excellent team in place to meet the legal needs of all our Business Clients from SMEs to PLCs. With more recruitment planned these are exciting times for the Firm as it grows and expands the range of services it can provide.”

 

Claimants set to lose out in latest costs review.

In January 2009, Lord Justice Jackson was appointed to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost. The review's findings are due to be presented in December.

Read more...

 

National Accreditation awarded to Oliver & Co.

Oliver and Co. Solicitors has won recognition in a national accreditation scheme designed to assist injured people seeking legal advice.

The scheme, which is run by the Association of Personal Injury Lawyers (APIL)

assesses lawyers according to their expertise and experience, and provides a

quality ‘kitemark’ to those who meet the strict criteria.

Rhonwen Barraclough, one of our APIL Senior Litigators, is a specialist  industrial disease solicitor is delighted the firm has gained the accreditation status.

“It is crucial that injured people receive properly qualified advice in their time of need and we are very proud to have been recognised for our expertise and professionalism,” she said.

 

What happens if you die without making a will?

The Law Society has said that one in three people in the UK die without leaving a valid will and half of all people aged 45 and over do not have a will. People cite many reasons why they do not have a will, the most common being that they believe there is a high cost involved in making a will or that they do not believe their affairs are complex enough to warrant the need for one. Leaving a will is a simple procedure which needn’t be costly and can save love ones a great deal of worry at an already upsetting time.

Read more...

 

Scaphoid Fractures

What is the scaphoid bone?

The scaphoid bone is a small bone which is found in the wrist. It is important for wrist function and movement and if injured, can lead to significant and permanent damage, especially if not treated correctly and quickly.

Read more...

 

Smear tests

Should the minimum age in England be reduced to 20?Read more about the arguments for and against. Read more...

 

New face for Industrial Disease

Oliver & Co welcome Rhonwen Barraclough to our Industrial Disease team.  Rhonwen is a specialist industrial disease solicitor with more than 10 years experience in personal injury and insurance law.

Rhonwen has a wealth of experience in dealing with claims for diseases such as deafness, VWF, dermatitis and asthma.  She has worked for defendant firms in the past and this has given her an invaluable insight into the conduct of such claims

If you have an enquiry and would like to discuss a claim or injury please feel free to contact her via email at rhonwen.barraclough@oliverandco.co.uk

 

Employers Liability Insurance Bureau - No. 10 Petition

An Employers’ Liability Insurance Bureau is the only effective solution to the widespread problem of claimants being unable to recover compensation for industrial diseases where employers have long ceased trading and adequate records of insurance have not been kept. 

Read more...

 

Crime and Motoring Law

Oliver & Co welcome Damian Zelazowski to our Criminal and Motoring law team.  Damian is a qualified duty solicitor with more than 8 years experience in criminal law.

Damian speaks Polish fluently and has strong links with the Polish community.  He is an asset to the team in that he is also able to assist our Polish clients not only with criminal and motoring matters but also break down the language barrier in other areas covered by Oliver & Co.

If you have an enquiry and would like to instruct the services of Damian please feel free to contact him via email at damian.zelazowski@oliverandco.co.uk

 

Clinical Negligence

There is now a Doctor in the house at Oliver & Co Solicitors in Watergate Street, Chester! 

Linda Schermer, a solicitor as well as a qualified doctor and surgical member of the Royal College of Surgeons and Physicians, has recently joined our Clinical Negligence team which specialises in pursuing claims for clients who have received negligent medical care.  Linda, who is multilingual, joins Oliver & Co. from Hempsons Solicitors and brings with her a wealth of knowledge from the medical profession.

Linda joins at team of five other such specialists headed up by Jane Whitaker who is a Clinical Negligence Panel Member of the Solicitors Regulation Authority.

Partner and Head of Personal Injury Department, David Owen says “We are delighted to welcome Linda to our firm.  Her indepth knowledge of medical matters combined with her legal expertise will benefit both the clients and our firm and put Oliver & Co at the forefront of this complex area of law.”

 

Divorce                                                   

The breakdown of any relationship and death are two things no one wants to contemplate. However, one third of all marriages in the UK end in divorce and 70% of the adult population do not have a will.

When a marriage fails, it is very important for both spouses to consider the terms of their respective wills (if they have one) or to make one (if they have not).

Divorce proceedings can take up to six months to conclude. Commonly, the application for decree absolute will be delayed until the financial issues are resolved, which can take even longer. Until the decree absolute is pronounced the parties remain legally married.

Therefore, should a spouse die before the divorce is finalised, the law treats the survivor as the widow(er) of the deceased, no matter how long the parties have been separated, or how far the divorce proceedings have reached.

This has significant implications for the survivor under our inheritance laws.

If the deceased dies without a will ("intestate") the law will award the majority, if not all of the deceased's assets to the surviving spouse, although much will depend upon the size of the estate and whether the deceased has any surviving children.

An award under the laws of intestacy can be more generous to the survivor than an award by a divorce court.

If the deceased leaves a will in which provision is made for the spouse and he does not change it following separation or after the start of divorce proceedings, it is likely that the will remains valid and the spouse will benefit.

It is also possible that certain joint assets may pass to the survivor regardless of any will. This often includes the matrimonial home and joint accounts.

It is therefore key that anyone going through a separation or divorce takes expert legal advice about making a new will as early as possible.

HIPS                                                   

Home Information Packs (HIPs) are helping to reduce the cost of buying and selling houses by reducing the cost of property searches, according to the Government.

Anyone selling a home in England and Wales must now provide potential buyers with a pack containing the results of property searches and other specified documents such as energy performance certificates.

Junior Housing Minister Iain Wright said: “Home Information Packs are already beginning to bring benefits to consumers with average property search costs starting to fall because of the new competition created by HIPs - 85 local authorities have already reduced their charges by £30 on average.”

The Department for Communities and Local Government now wants to improve the system further by telling local councils they should provide access to their data within one working day to private search companies. They will then be able to recoup their costs by setting a fair charge for improving access.

Ministers hope the move will help deliver faster and cheaper property searches and help speed up the process of buying and selling houses.

Mr Wright said: "Consumers will be able to get important property information earlier in the home buying process and see the costs coming down as a result."

 

Employment rights                                

The limits on awards that can be made by tribunals in employment rights cases rose on 1st February in line with the annual index linked formula.

The new limits affect statutory redundancy payments, compensatory awards for unfair dismissal, the payment guarantee when employees are not provided with work and the minimum award for unfair dismissal in health and safety cases and certain other cases.

The limit on the amount of compensation that can be awarded for unfair dismissal rises from £60,600 to £63,000. The maximum nominal “week’s pay” used when calculating awards for redundancy payments or compensation for unfair dismissal rises from £310 to £330.

The limits in other categories rise by similar proportionate amounts.
Injured prison officer entitled to claim damages

A prison officer who had to give up his job after being attacked by an inmate has won the right to claim damages against the Ministry of Justice.

The incident happened after the prison officer had been involved in an exercise with other members of his team to open a cell which had been closed and barricaded by an inmate.

The operation was successful and the prison officer and a colleague then escorted the inmate to the segregation unit. The officers were not given the prisoner’s history sheet outlining his violent past.

The next day the officer was attacked without warning when he entered the prisoner’s cell. He was hit in the eye and had to give up his career in the service because of his injury. The officer later discovered that the inmate had previously been involved in 20 violent incidents including 14 involving prison staff.

The officer claimed that he would have taken extra precautions if he had been alerted to the inmate’s record and the attack could have been avoided. However, the Ministry of Justice said the officer knew about the inmate’s violent nature from the fact that he had barricaded the cell the previous day.

The High Court found that the Ministry was negligent in not alerting him to the prisoner’s violent past. It was the Ministry’s duty to keep the officer reasonably safe and so it should have provided him with information about the inmate’s past.