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:

1. The How To Rent document (a copy can be downloaded here)
2. The Energy Performance Certificate relating to the property (a copy can be downloaded here if it exists)
3. The Gas Safety Certificate

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

On 18.10.16 This is Money reported that the Transport Committee released “Volkswagen emissions scandal and vehicle type approval: Government response to the Committee’s Third Report of Session 2016-2017 in which it is reported that the Government promised UK owners it will fight for them to receive compensation from VW.

The Department for Transport suggested that owners continue with their own private legal actions against the car brand and that they will in turn support them.

The standout paragraph in the 13-page report read: ‘The Government will continue to fight for compensation for UK consumers and continue our work to ensure that Volkswagen’s serious action of cheating type approval tests is met with the appropriate consequences.

‘The Government has also made clear in its most recent engagement with VW that in relation to costs incurred by the taxpayer and proposed fixes for affected vehicles, respectively, financial reimbursement and warranties are matters of high and urgent priority.’

With the support of the Department for Transport Solicitors dealing with these cases are now preparing to move forward in the actions, to Court.

We will now be preparing the Letters of Claim for each case to be sent to VW. This will be done in the next few weeks and once sent to them they will have the statutory 3 months to investigate liability and response.

We will keep you abreast of any further developments or responses to the Letter of Claim.

In the meantime if you have any queries please do not hesitate to contact us.

This was the headline in the Times paper on 17/10/16 but what does this mean in reality for medical negligence cases?

Parents of babies harmed by the NHS during labour have been promised faster compensation pay-outs without the need to go to Court. Such cases will automatically be investigated and a pay-out made even if negligence is not proven. The Health Secretary – Jeremy Hunt – believes this will discourage hospitals hiding mistakes for the fear of legal action.

The fact that he recognises that hospitals “hide” mistakes is of grave concern. Having been a medical negligence specialist for many years it is no longer a surprise to me when records go missing, documents are changed or we are met with a wall of silence when making enquiries. However, Solicitors and patients are encouraged to inform the NHS as soon as possible that a claim is imminent. But the concern of the Solicitor and the patient, quite rightly it would seem, is that this allows the NHS time to “hide” information, or change it.

It has also recently been reported that in other Medical Negligence cases the NHS settles 70% of them only after Court proceedings have been issued. This highlights the belligerence of the NHS when dealing with Claims. It can take years, a lot of expense and a lot of heartache for the victim to get a claim to a stage whereby you are ready to issue Court Proceedings. It is a big decision for a Claimant to make, to take on the NHS in the hope that they win. Many don’t want to prolong the heartache any further and believe that the NHS would have “owned up by now if they had done something wrong” but this has proven not to be the case.

It would seem that admitting that they have done wrong only becomes necessary when faced with Court action. This is why people need Solicitors advice, expertise, support and experience dealing with the NHS. It is foolish to use a Solicitor that is not experienced in such an area. It would be like using a plumber to plaster your walls.

So if you think you, or someone you know, may have suffered at the hands of the NHS, a Doctor, Dentist or any other medical professional then get in touch with the Experts!

Call 0800 0190 324 and speak with Alisha Butler-Ward or email: abw@burdward.co.uk

Having fallen ill on Holiday 2 years ago for one week of a two week holiday, I found that it ruined my holiday as I couldn’t eat and could barely hold down water. I received various medications from the Hotel Doctor at a cost of over £120. When I came home I was still ill and it lasted for several months but I never thought to make a claim as I just thought it was “one of those things”. However, since my experience I have been reading various stories in the press about hundreds of people getting ill on Holiday and I thought to myself if no one complains about it then how do we expect the Hotel and or tour operators to know that it happening and therefore do something about it? Yes we can just complain, but why shouldn’t we get some of our money back for the holiday that was ruined, that we have saved and saved to afford!

With the summer Holiday season coming to end and Holiday sickness claims rising I thought I would advise people of what Holiday Sickness is all about.

Some people can suffer severe food poisoning resulting in long lasting stomach problems. Some only suffer a few days to a few weeks.

So who can claim? Well if you have been on Holiday (in the UK or abroad) and you have suffered from Holiday sickness then ask yourself the following questions:

1. Did you eat or drink only in the Hotel? If you ate outside the Hotel then it may be difficult to prove it was the food in the Hotel that caused the illness, unless it was only after you became ill.
2. What food in particular do you believe caused the illness, and on what date and were was it served?
3. Did you eat food that looked like it had not been cooked properly?
4. Did you see food left uncovered? For example in outside eating areas in the heat? If so what was the average heat on that day(s)?
5. Were antibacterial hand gels provided in the food areas?
6. Do you know of any other guests getting ill?
7. Did you see insects, birds and/or animals around the food service areas?
8. Did anyone else in your group become ill?

If you have suffered Sickness whilst on Holiday and you informed your Rep / Hotel and sought treatment then you may be able to claim.

Call Alisha Butler-Ward at Burd Ward Solicitors on 0800 0190 324

The European Commission will meet with various consumer groups and national protection agencies this month to look at the question of compensation for European consumers affected by the VW emissions scandal.

VW has so far rejected claims for compensation, but has said that it is regular dialogue with Brussels. However, there is growing pressure to offer compensation as the number of European owners who have set up claims increases.

There is currently a case ongoing in Mayo, Ireland which many firms will be waiting to see the outcome of before starting costly Court Proceedings on other cases.

Currently the European Commission is assessing whether VW breached two EU consumer laws, the Consumer Sales and Guarantees Directive and the Unfair Commercial Practices Directive both of which prohibit companies from making false statements over products.

We will keep you updated but in the meantime, if you have any queries please do not hesitate to call.

Burd Ward are pleased to welcome Jenna Ellison to our expanding Family Law team. Jenna finished her Training contract to qualify as a Solicitor at the end of June 2016. Jenna graduated from Liverpool John Moores University in 2012 obtaining a law degree and a post graduate diploma in Legal Practice.

Jenna joins Burd Ward from The National Youth Advocacy Service (NYAS) who are a UK charity providing socio-legal services offering information, advice, advocacy and legal representation to children, young people and vulnerable adults. During her time at NYAS Jenna worked within the Legal Department and represented many children in both public and private law proceedings. Jenna has also assisted children making their own applications for contact with their siblings and provided assistance to children who are subject to care plans and special guardianship orders. Further to this Jenna has assisted young parents at pre proceedings meetings and assisted other young parents finding mother and baby units across England and Wales in order for them to be able to remain as a family unit. During her time as NYAS Jenna also worked as a Contact Facilitator within the contact centre and worked with families offerings supervised and supported sessions for children with non-resident parents, siblings and grandparents.

Jenna brings this wealth of experience and knowledge to the Family department and during the last year whilst she has completed her training at Burd Ward she has been able to represent both males and females who have been victims of domestic violence and has supported them obtaining orders to protect not only their own safety, but that of their children and home. Jenna works closely with the Family Safety Unit and the Refuges to be able to deal with these issues sensitively and effectively.

Jenna is also experienced in dealing with Private law proceedings where residence and contact have been an issue for parents, Jenna’s experience representing children have allowed her to assist both parents come to a child focused arrangement. Jenna has also had experience acting for both Fathers and Mothers when children have not been returned and offers an approach that is timely and professional.

Since joining Burd Ward Jenna has also gained an understanding of other family law matters such as divorce, wills and Lasting Power of Attorneys. Jenna has also worked alongside the Housing department and can assist clients on possession and eviction proceedings.

Jenna is a member of the committee in the Women Lawyers Division Merseyside and is also school Governor at the Emslie Morgan Academy

Jenna is also currently working with local Charity Brightside and offers a legal drop in Clinic for anyone requiring legal assistance with any family matter. Contact Jenna directly on 0151 639 8273 or at je@burdward.co.uk.

One of the most common concerns clients have when getting divorced is how much it is going to cost them. At Burd Ward we aim to provide fixed fee services where possible so that client’s know exactly how much their case is going to cost.

In divorce proceedings the major cost that clients have to pay is the Court fee. The Ministry of Justice increased the Court fee for issuing a divorce petition from £410 to £550. This is despite the fact that the work the Court carries out on a divorce file only costs them £270! It seems that the Ministry of Justice is profiting from divorcing parties at a time when they are vulnerable. Thankfully they decided not to pursue their original proposal which was to increase the fee to £750 however we consider the increase to £550 to still be too high.

There is hope however for those hoping to obtain a divorce. The Justice Select Committee has recently called for the increase in the divorce petition fee to be rescinded. They concluded that it was “unjustified” for the Courts to charge people double what it costs them to provide the service. We at Burd Ward wholeheartedly support the recommendations of the Justice Select Committee and hope that the Ministry of Justice will stop “taxing” people to obtain a divorce.

If you are thinking of getting divorced then we can help you. Our fees for straightforward divorce proceedings are £350+VAT. As stated above, there is also the Court fee of £550 to pay however depending on your income you may be eligible for fee remission which would mean you don’t have to pay some or all of this fee. We will be happy to assist you with your application for fee remission as part of our service to you.

If you would like more information regarding divorce proceedings please contact Laura Prysor-Jones on 0151 639 8273.

Burd Ward are pleased to welcome back Laura Prysor-Jones from maternity leave. Laura qualified as a solicitor in 2012 and has worked at Burd Ward since 2010 after obtaining a law degree from Liverpool University.

Laura works in the family department undertaking all areas of family law. In 2014, Laura was accepted onto the Law Society Children Panel, recognising her specialism in the area of children’s law. Laura is experienced in representing parents and children within family proceedings. Laura has also represented many clients in relation to domestic abuse proceedings and divorce.

Laura is also a member of Resolution. Resolution members aim to deal with matters as quickly as possible for clients whilst taking a non-confrontational approach. Laura recognises that family matters are delicate and solicitors need to understand the situation and try to resolve matters without creating further conflict.

Speaking about her return Laura said

“I am pleased to be returning to work and am looking forward to helping many more clients in the future. Since becoming a mum, I feel that I am well placed to understand family dynamics and the realities and pressures of life with a child. I will continue to support clients through what is often a very difficult time and aim to handle their case sympathetically and speedily”.

Laura can be contacted on 0151 639 8273 or at lpj@burdward.co.uk.