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In a highly publicised case, the Courts recently ruled that a 68 year old woman must remain married to her husband. Mr and Mrs Owens separated in 2015 and the wife issued proceedings based upon her husband’s unreasonable behaviour. The Court however felt that her reasons were “flimsy†and refused her application. The wife appealed, firstly to the Court of Appeal and then to the Supreme Court. They both held that the Judge was right to refuse the application but stated their unease at the situation. The Court of Appeal called for the introduction of no-fault divorces. As it stands, the wife now must wait until she has been separated from her husband for 5 years in order to petition without his consent.
We often see clients who have been separated less than a year who want to get divorced but they cannot find a suitable fact to rely upon. There may have been no adultery or unreasonable behaviour and the couple have simply drifted apart. In those circumstances they have to wait until they have been separated for two years (if both parties agree to the divorce) or five years if their spouse won’t agree. A recent survey found that 3 out of every 10 couples “bent the truth†about adultery or unreasonable behaviour in order to ensure their petition was accepted by the Court. More than a third said having to apportion blame in the petition increased their anguish at what is already a very difficult time.
At Burd Ward we are committed to helping you navigate a relationship breakdown in a sensitive manner. Whilst there is not yet a “no fault†divorce, our specialists can advise you on the law as it stands and guide you through all aspects of a separation.
If you are considering separating or starting divorce proceedings, it is well worth taking legal advice before you take any steps. We offer a fixed fee of £350 + VAT and disbursements for handling your divorce. There is a Court fee of £550 to pay however depending on your income you may be eligible for some relief from this. We can assist you to fill in a fee remission form which can be sent to the Court who will then assess whether you have to pay all, some or none of the Court fee.
Using a solicitor to handle your divorce gives you peace of mind to ensure that your divorce progresses as smoothly as possible. There are often issues around finances and children upon separation and our experienced family team and are able to advise and represent you through those aspects of a separation.
If you would like more information regarding divorce proceedings please contact Laura Prysor-Jones on 0151 639 8273.
Shoe Be Doo is back for 2018. This year we hope to make the campaign bigger and better than ever. In previous years, Shoe be Doo has been a huge success and thanks to the children and parents of The Prep hundreds of families on the Wirral have benefited from receiving the school shoes and other items of uniform.
Many families across Wirral are struggling to provide some of life’s every day essentials for their families. Expensive items such as school uniform and shoes can be particularly hard to budget for in families surviving on a low income.
The Shoe Be Doo Campaign is aimed to help those families, living locally to you, who are struggling.
For more information check out the Shoe-be-doo campaign page.
Burd Ward Solicitors are happy to announce that Laura Prysor-Jones has been appointed a Director of the firm from January 2018.
She will be joining the existing management team of John Burd, Michael Ward and Victoria Syvret as the firm looks forward to the new year and beyond.
Laura joined Burd Ward in January 2010 as a member of the family law department and deals with a range of family work including children matters, divorce and domestic violence and also wills.
The Government has recently stated it has no plans to introduce a “no fault†divorce, despite lots of public pressure to change the Law. Many clients are surprised to learn that it is not as simple as asking for a divorce and being granted one. There is only one ground for divorce which is that the marriage has broken down irretrievably. You are then required to rely upon one of five facts in support, namely adultery, unreasonable behaviour, desertion, two years separation with consent or five years separation. In the case of civil partnerships, adultery isn’t available as a fact to rely upon.
We often see clients who have been separated and who want to get divorced but they cannot find a suitable fact to rely upon. There may have been no adultery or unreasonable behaviour and the couple have simply drifted apart. In those circumstances they have to wait until they have been separated for two years (if both parties agree to the divorce) or five years if their spouse won’t agree. This can be frustrating for clients. So why does the Government not introduce a “no fault†divorce?
The Government has said that they have no current plans to change the laws around divorce but they are looking at ways in which the family justice system can be improved. Resolution, an organisation promoting the resolution of family matters in an amicable way, has conducted research of its members which shows that 9 out of 10 family law solicitors support a no fault divorce. The Burd Ward family team are members of Resolution and we also support a no fault divorce being introduced. It is frustrating that at present there doesn’t appear to be any changes to divorce law on the horizon. Whilst Divorce isn’t something that should be entered into lightly, sometimes when couples have decided that they need to separate and want to do it amicably, it is unfortunate that they have to list their grounds for Divorce on paper. It would help separating couples deal with matters much more amicably if they were able to agree to a Divorce without having to wait 2 years.
If you are considering separating or starting divorce proceedings, it is well worth taking legal advice before you take any steps. At Burd Ward we offer a fixed fee of £350 + VAT and disbursements for handling your divorce. There is a Court fee of £550 to pay however depending on your income you may be eligible for some relief from this. We can assist you to fill in a fee remission form which can be sent to the Court who will then assess whether you have to pay all, some or none of the Court fee.
Using a solicitor to handle your divorce gives you peace of mind to ensure that your divorce progresses as smoothly as possible. There are often issues around finances and children upon separation and our experienced family team and are able to advise and represent you through those aspects of a separation. We are committed to trying to help you resolve your divorce amicably where possible, including the issues relating to your children and your finances. Sometimes, an amicable settlement isn’t able to happen and we will provide you with robust legal advice to guide you along the way and to protect your interests. Your case will be directly handled by one of our Solicitors giving you expert advice and guidance throughout.
If you would like more information regarding divorce proceedings please contact our family team of experienced solicitors John Burd, Victoria Syvret and Laura Prysor-Jones on 0151 639 8273 or email lpj@burdward.co.uk.
If you would like some initial guidance and advice regarding divorce or any other family matter, we offer an initial consultation with our solicitors for £60. Contact the office to make an appointment.
There has been quite a lot of media coverage of people being affected by Sepsis since the tragic death of three year old Sam Morrish in 2010 and one year old William Mead in 2014.
Sepsis can happen to anyone, at any age, from any background. The NHS estimated that in 2014 123,000 in the UK suffered from Sepsis and approximately 60,000 people died as a result of sepsis. It is estimated that sepsis kills more people than bowel cancer, breast cancer and prostate cancer combined!
Sepsis happens when the body’s immune system – the way the body responds to bugs and germs – goes into overdrive. The initial problem can be quite mild and start anywhere – from a cut on the finger to a chest or urine infection, for example. But when the immune system overreacts this can lead to an unintended but catastrophic attack on the body. If left untreated this sets off a cascade of reactions – from shock to organ failure and even death.
Alisha Butler-Ward of Burd Ward Solicitors is currently dealing with 5 cases of sepsis whereby the failure to diagnose and/or treat the condition in time has resulted in some catastrophic injuries such as a 3yr old boy who had to undergo a double amputation of his legs up to his buttocks, and a father of two who was not treated in time which resulted in the amputation of his arm and total blindness.
When dealing with any possible medical negligence claim, experience is key. Picking up on missed opportunities to spot something like sepsis and/or the failure to provide the right treatment is vital to the case and can only be done by experienced Solicitors and medical professionals. Once this is done getting the right medical professionals involved is the next step and experienced Solicitors will already have relationships with medical professionals in the areas they specialise in. This relationship can make or break a case, so getting the right team behind you in a claim is a must.
So how do you spot signs of Sepsis, the UK Sepsis Trust has compiled a list of the six most common signs include:
If you or someone you know has suffered from sepsis and think that your GP or Hospital may have failed to recognise the signs and/or failed to treat sepsis in time then please do not hesitate to contact Alisha Butler-Ward for a free no obligation discussion about your options.
You can contact Alisha Butler-Ward on our special Freephone number 0800 0190 324 or by email on abw@burdward.co.uk
The beginning of a New Year is the best time to de-stress, de-clutter and get your personal affairs in order for the year ahead.
Making a Will is one of those things that everyone knows they need to do but often it’s put off to ‘another day’. Having a valid Will means that your affairs are safely organised and your loved ones are protected, keeping you in control and making sure that your assets go where you want them to.
It doesn’t take long for us to make your Will and we charge a fixed fee of £80+vat for a single Will and £150+vat for a joint Will. You will be talked through the process by a Solicitor and only needs you to have an initial talk with us and we do the rest, preparing your Will quickly and letting you know when it is ready to be signed. We can see you after hours to suit you and often the appointment doesn’t take up much of your time. Most clients wonder why they have been putting it off so long.
As well as your Will might be to think about what you would do if you weren’t able to manage your own affairs. More often than not there comes a time when most people are either physically unable to get out and about to look after their finances, or become mentally incapable of doing so. This leaves a legal headache for your loved ones as they try to sort out your affairs for you, but face difficulties if they don’t have a Power of Attorney to let them officially act for you. Without an LPA this can mean an Application to the Court of protection which is very costly and time consuming.
Making a Lasting Power of Attorney allows you to appoint the people (or person) that you would like to help you in this circumstances and means that you have the peace of mind knowing that you have put in place a solid legal arrangement should you become unable to manage your own affairs. At Burd Ward we can prepare your Lasting Power of Attorney(LPA) for a fixed fee £350+vat. The LPA does need to be registered with the Office of the Public Guardian who charge £110. You may be exempt from that payment depending on your income which we can also advise and assist you with.
Until the end of February 2017 we are offering a special package to have both your LPA and Will drawn up for a fixed cost of £350+VAT or £650+VAT for a couple. If you would like to start 2017 putting your affairs in order then please contact our Solicitor Victoria Syvret at our office on 0151 639 8273 or by email vs@burdward.co.uk to arrange your appointment. It won’t take long and we will be able to take all the details we need for both your Will and LPA during our meeting. We can offer appointments to suit you, including after work hours.
To take advantage of the special prices please quote WILLS2017 when you contact us.
Nearly every week on the television there are programmes about “crash for cash†and bogus personal injury claims. We have all seen them and we all get equally infuriated with the few people in them that have the gall to falsify claims pushing up insurance costs. Then there are the “cold callers†pushing you to make a claim for an accident 2-3 years ago, when you didn’t even suffer an injury. We all get these calls. What you may not know is that Solicitors DO NOT make these calls. We cannot make these calls as we are banned from doing so, and quite rightly so. If you are a good reputable firm then you would not need to do it, or take claims from those who do. It is the “claims management companies†who buy your information, some allege from the insurance companies, who are calling you.
It is this increase in nuisance calls and the ever increasing cost of insurance that has led to these television programmes being made, but is it all as they would have you think or are we being fed information that is not completely true?
For almost 3 years the insurance companies have been lobbying the Government to crack down on Personal Injury claims and more recently to do away with Whiplash Claims altogether so people cannot claim at all for whiplash which lasts 9 months or less. The Government are also talking about raising the Small Claims limit to £5,000 meaning that if you are injured and your claim is worth under £5,000 then you are unlikely to find many Solicitors who will deal with your claim, because they will not get paid. You could fracture your ankle or wrist and be off work for 6-9 weeks and this could still be valued at under £5,000, and so would be a small claim. But to you it could be life changing! What if you don’t get sick pay at work, you cannot afford to pay your rent/Mortgage or bills, or buy food! You could lose your home! Not only that but you would have to fight against the insurers for suitable Compensation for your injuries, a bit like David taking on Goliath.
So what have the insurers been promising in return? Well since 2013, when the Government cut Solicitors fees for dealing with Whiplash claims, under £25,000 to fixed fees of £800 and then again to £500, the Insurers have promised to pass on the savings to the consumers, approximately £40 per person, per policy.
Not many people, if any, have seen this drop in policy prices since 2013. But in the Autumn statement last week Phillip Hammond said that the standard rate of insurance premium tax will rise from 10% to 12% from June 2017! This will be double what it was last year and so if anything premiums will only go up and you certainly will not see this elusive saving of £40 to your premiums!
What the insurers fail to tell the “Joe Public†is that they have made an extra £200 million since the government introduced the cuts to Solicitors costs in personal injury, yet they haven’t, as they promised they would, passed this onto the public they have instead made huge profits.
Yes there have been people making false or exaggerated claims, and this must be stopped. But should we really use a sledgehammer to crack a nut? Should we really be banning ALL whiplash claims where people are not injured for over 9mths? Should we really be taking away people’s right to Justice in circumstances where they are genuinely injured and leaving the decision to the Insurance Companies.
On a personal level, I am disappointed that the Government has not learnt over the last 3 years that despite what the insurers offer in terms of reducing premiums for the public they have still not put passed these costs onto their customers and that would indicate to me that they are not and will not hold up their end of the bargain and people will be left high and dry at a time when they need help the most, when they are genuinely injured.
Written by Alisha Butler-Ward Solicitor – Legal Consultant at Burd Ward Solicitors.
If you want more information please call on 0151 639 8273
A Wirral charity has raised more than £1,000 to help support local projects and organisations throughout the borough.
The Wirral Copper Jar hosted an event last week, which saw a wall in a local pub filled with coppers demolished with the coins added up and donated to local causes.
The event was held at the Saddle Inn, Wallasey with a representive from Burd Ward solictors knocking down the wall.
The charity operates directly through their Facebook page with local people within the group nominate local charities they wish to support.
Read the full article at Wirral Globe.
Private landlords may or may not be aware but on 1st October 2015 the law relating to Assured Shorthold Tenancy (AST) agreements changed. Just over a year later it is a good time to reflect on those changes and the problems encountered since.
For any AST entered in to as of 1.10.15 there is now a requirement to provide the tenant at the outset with:
The above are in addition to ensuring that any deposit is protected within 30 days, and prescribed information is served within 30 days also of the tenant paying the deposit.
Private landlords may well already have held gas safety certificates and energy performance certificates but now if they are not provided at the start of the tenancy then no valid s21 Notice Seeking Possession can be served.
It is important to keep abreast of the ongoing changes in Landlord and Tenant law and you should seek legal advice before taking any steps if you are uncertain. Taking the wrong course of action could expose you to a costs order, meaning a County Court Judgment.
For further information please contact Phillip Coburn, Solicitor and Director, at pc@burdward.co.uk or 0151 639 8273