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Phillip Coburn, a Solicitor with Burd Ward recently acted for a young man who was awarded damages of £5.85million, following a catastrophic brain injury when he was thrown across a room by his birth mother as a baby.
At a hearing under the Criminal Injuries Compensation Scheme, the Tribunal was told that the child fractured his skull when his head struck the wooden arm of a settee, but his mother failed to seek medical attention for a further 4 days. By the time he was admitted to Hospital, he was suffering from the effects of an extensive brain injury, which had left him profoundly disabled, with significant physical and learning difficulties, together with severe behavioural problems. He was incapable of independent living and would require lifelong 24-hour care and support.
Having been taken into local authority care, the child was later adopted by a selfless and loving family. Aged 20 at the date of the hearing, the Applicant attended a college course and centre for adults with learning difficulties, in order to develop his independence and social skills.
As a result of the head injury the child sustained profoundly severe diffuse brain damage which affects all aspects of his physical, intellectual, communication and behavioural abilities, as well as producing overall and major handicap. The difficulties can be summarised as follows:
The injuries are permanent. He is incapable of independent living and requires lifelong 24-hour care and assistance with activities of daily living. Although he is able to feed himself with a fork or spoon, he is dependent on others for most activities of daily living, including support when walking, bathing and dressing. He relies on a clear daily structure and routines, finding deviation from them very stressful. He requires suitably-adapted accommodation, and a range of aids and equipment, including transport, appropriate to his needs. He lacks capacity to manage his own affairs and will never be capable of employment. He will have limited insight into the nature and extent of his difficulties but will be aware that he is different from others. His life expectancy is probably reduced by around 7 years, due to the risks associated with impaired bladder function and behavioural problems.
| PSLA | £240,000.00 |
| Past Losses | £612,758.69 |
| Future Losses | £4,995,991.90 |
| Total | £5,848,750.59 |
From a legal point of view this was an extremely interesting and complex case, and it is thought to be the highest award from the CICA for this type of case. From a personal point of view it was heart wrenching to see the damage caused to the child, yet heart warming to see the love and care show to him by his adoptive family. The substantial compensation awarded will help look after the Applicant for the rest of his life which is very comforting to know.
We are delighted to announce that we have been reaccredited by the Law Society’s Conveyancing Quality Scheme.
The Law Society’s Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices. Membership establishes a level of credibility for firms with stakeholders such as regulators, lenders and insurers as well as residential homebuyers and sellers.
Being accredited by the Law Society means we can act for ANY of the major mortgage lenders including Nationwide, Halifax, NatWest, HSBC etc. in your residential conveyancing purchase or remortgage and shows that we follow best practices, meet the highest standards of technical expertise and client service and are able to satisfy regulators, lenders and insurers.
Our team of qualified Solicitors and expert conveyancers are supported by highly trained legal staff who focus exclusively on the documentation relating to your residential conveyancing move. This means that your personal conveyancer has the time to work with you in making informed decisions when managing your case. We also have direct access to the Land Registry, and other databases, enabling us to be at the forefront of residential property conveyancing and execute quick and effective searches to ensure your transaction progresses quickly.
For more information on our Residential Conveyancing Services call 0151 639 8273 or email info@burdward.co.uk
The media were in frenzy recently over the case of Rebecca Minnock and her son Ethan. Rebecca went on the run with Ethan for several weeks in the midst of a court case regarding where Ethan should live.
Ethan’s parents were engaged in Court proceedings for over two years, despite Ethan only being three years old. Contact was ordered to take place however Miss Minnock made various allegations against Ethan’s dad throughout the proceedings. The Court found that these allegations were made up by Ethan’s mum in order to frustrate contact between him and his dad. Ethan was then assessed by a psychiatrist who said that it was clear that Ethan had been questioned extensively by his mother about his father. The psychiatrist recommended that Ethan should live with his dad and have supervised contact with his mum. This was supported by the social worker involved in the case. Miss Minnock fled with Ethan ahead of the further Court hearing at which she knew the Court would order that Ethan goes to live with his dad.
Her family were dragged into matters as they were said to have assisted her in going into hiding and knew where she was. They were ordered to disclose Ethan’s whereabouts and were threatened with proceedings for contempt of Court if they failed to do so.
After extensive media coverage Miss Minnock handed herself in after 17 days on the run with Ethan. She then faced proceedings brought by Ethan’s dad for her committal to prison in light of her flagrant disregard for the Court order. Miss Minnock was branded “utterly irresponsible†by the Court for her actions and it is clear that her conduct will impact upon the future of the proceedings. Miss Minnock was spared prison by Ethan’s dad who said that he was not pursuing an application for Miss Minnock’s committal as he didn’t feel it was in Ethan’s best interests. The Court has praised the father’s child focussed approach and made it clear that breaches of Court orders will not be tolerated. The Judge in this case said that it was possible she would’ve faced up to 28 days in prison had the application been pursued. It is a stark warning to any parent considering ignoring an order of the Court.
At Burd Ward we have extensive experience assisting parents and family members to obtain orders from the Court regulating when they spend time with a child. We are also able to deal with enforcement applications should a parent fail to comply with the Court order. If you are looking to get a Court order or are concerned that someone is breaching an order please contact Laura Prysor-Jones on 0151 639 8273.
Summer is a time for people to relax and enjoy themselves, but sometimes things can get out of hand.
You may not realise it, but if you come into contact with the police, it may not just be them that you have to deal with.
The local authority may become involved, if for example there are concerns about a parent or parents being involved in domestic violence or abusing alcohol or illicit substances.
Police call-outs to properties may also lead to the involvement of social services if there are concerns regarding the safety of children. Social services are concerned by incidents such as these and are more frequently choosing to issue care proceedings and seek to remove children from their families.
If social services are involved with your family, it is important that you get specialist advice at an early stage.
There is increasing pressure on the court system for cases to be concluded quicker, and this means that there are fewer chances given to parents wanting to demonstrate that they can look after their children – it is vital that you receive expert advice as soon as possible to help you show that your kids should remain with you.
So, how can we help? At Burd Ward we offer specialist advice for parents or guardians of children at all stages of local authority involvement. We are able to offer practical advice to help avoid the local
authority taking care proceedings.
If proceedings are issued we are able to represent parents / guardians or those wishing to put themselves forward as potential carers for the child in question.
Both Laura Prysor-Jones and John Burd are members of the Law Society’s Children Panel and are experienced in representing parents and families involved in court proceedings. If social services are involved with your family, it is important that you take specialist advice as soon as possible. If you wish to discuss your situation, contact the office on 0151 639 8273 and ask for an appointment.
Pretty impressive stand I'd say!! Come get your free road safety pack!:-) #roadsafety #bikesafe #shinysideup pic.twitter.com/m9QWK4xJeS
— Dan Thomas (@dt1309) May 23, 2015
Over 1000 people attend shippons bike event in Irby Wirral pic.twitter.com/BIUR9ytdhj
— Michael ward (@Mikewardbw) May 23, 2015
Great bike from today's bike meeting at shippons Irby Wirral pic.twitter.com/pRVeOqQtaE
— Michael ward (@Mikewardbw) May 23, 2015
My excellent partner at today's bike event at shippons Irby Wirral pic.twitter.com/klU9o20ujB
— Michael ward (@Mikewardbw) May 23, 2015
Jenny Watterson of Moreton won our Free bottle of Prosecco ! Well Done and thanks to everyone that entered! pic.twitter.com/mSWHrzfA8g
— Burd Ward PI (@InjuryLawyerBW) May 23, 2015
Best bike in my opinion from today's shippons meeting pic.twitter.com/CRIxreGZAv
— Michael ward (@Mikewardbw) May 23, 2015
We’re raising £500 to help take amputees out for a day because to help with motivation after amputation.
AIM is a Community Interest Company (non-profit organisation), whose aims and objectives are to reinvest surplus funds to create opportunities for amputees, providing assistance towards further education, employment, sports and hobbies.
They use first hand experience of Amputation, Inspiration, Motivation and Determination to help enhance and develop our community, encouraging and supporting amputees to develop skills and confidence, providing team building workshops and inspirational talks to schools, colleges and hospitals.
AIM help Amputees who often feel isolated from their local Communities after Amputation, due to their physical disability. AIM help a variety of people from very young children to older people. We want to help get Amputees and their carers together so that they can all be empowered to build and maintain an active and social lifestyle.
The money will be spent on a day out which will help build a support network between old and new Amputees and their carers and families, which will result in them supporting each other through the difficult times. These days out are vital to AIM’s users who share their experiences in AIM’s Bi-monthly newsletters so that others can read of them and hopefully join in on the next one. In the past we have spent a day at Challenge for Change were Amputees work together around an assault course.
Visit AIM’s website for more information on the great work they are doing!
Michaela is one of Burd Ward’s fee earners in the Conveyancing department, having been with us for over 15 years.
During this time Michaela has built a vast knowledge of the Conveyancing procedure, dealing with all aspects of domestic Conveyancing such as sales, purchases and much more complex transfers. Michaela provides solid, dependable advice to help ease the stress of her client’s Conveyance.
Michaela’s high level of experience combined with her swift and friendly approach brings clients back to Burd Ward time and time again.
Contact Michaela on 0151 639 8273 or email info@burdward.co.uk for a competitive quote for conveyancing. Quote promotional code ‘FTB‘ when contacting Michaela to receive a 10% discount on our fees.
I spent Sunday getting my Bike out of the garage and giving it the once over before I start cycling again for the 1st time this year. With the weather becoming warmer and dryer and the evenings becoming lighter, more and more of us so called “fair weather†riders are getting back on our bikes and back on the roads. Many will start riding to and from work as well as taking the family out on the roads for a day out.
But recent events have highlighted the risks to cyclists on our roads. Yes we have cycle lanes but not everyone sticks to “their†lanes, cyclists and drivers alike.
I am an advocate for dashcams and I see many cyclists now with headcams. They are a great weapon in the war against dangerous drivers and if you are on your bike, and are hit by a vehicle, a headcam can make all the difference between being able to make a claim for injury, or not. For as little as £40 you can monitor your journey to and from work, and monitor those around you.
At the beginning of the year there were 13 cyclists deaths on UK roads, with 4 being in London City Centre alone. In 2013 (the latest information available) 109 cyclists were killed, including 6 children. 3,143 cyclists were seriously injured and 16,186 slight injuries, making a total of 19,438 casualties, including 1,958 children.
Cycling itself has increased with approximately 10% more people taking to the roads on their bikes.
I have dealt with hundreds of claims for cyclists over the years and whilst they are getting easier to do, with more recognition of the cyclists rights on the road, the injuries suffered are not getting any less severe.
I have dealt with brain injuries, spinal injuries, loss of limbs, crushing injuries, leg braces, pins in limbs and loss of senses. All presenting their own difficulties to my clients. As a fellow cyclist each case makes me that little bit more mindful of cycling on the roads, particularly in rush hour traffic.
What many of the cyclists I deal with don’t know is what exactly they can claim for following an accident. The list is vast but as an example I had a client who cycled every day to and from work, as well as for pleasure at the weekends. Following his accident he suffered a severe back injury and could no longer cycle because of the angle you sit at. As a result he couldn’t get to work. Public Transport wasn’t viable in his area, and with his injuries, and so I claimed for driving lessons and a car (albeit a very modest car). But this meant that he could still get out and about. His bike had cost him in excess of £10,000 and I successfully recovered the full cost of the bike, having got a specialist report. My clients injuries were not life changing but they would have an impact on him for several years to come.
Assessing a client’s injuries from the outset of a claim is vital. It can be the difference between a claim that is worth £5,000 and a claim worth £25,000. Not all Solicitors remember, or even know, all the losses to claim after an accident. From claiming for Loss of earnings, pension loss, loss of enjoyment of a hobby, to claiming for a specialist piece of equipment. Getting the right Solicitor is the most important decision you will make, after making the decision to claim.
So if you have an accident you need to call Alisha Butler-Ward on 0151 639 8273 and quote “bike†for free initial advice on making a claim.
Have you started 2015 full of good intentions? New Year… New Me! – We’ve all said it! There are bound to be many things on the list and getting your personal affairs in order should be one of them.
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.
Another thing on the To Do list 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.
Making a Lasting Power of Attorney allows you to appoint the people 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 £350 + VAT.
Until the end of February 2015 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 2015 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 WILLS2015 when you contact us.
So after researching were to go and then spending what can only be described as a small fortune on a Holiday, to celebrate my wedding and our 1st Christmas together, I was very disappointed when I fell ill.
I thought my illness would pass but after 3 days of not being able to eat or drink I went to the onsite Doctor. The Doctor spoke broken English and wrote out the prescription and letter for my insurers in Spanish (I think). I was told by the Doctor that I was ill due to something I had eaten and I was given an injection and about 3 different types of tablets to take a various times of the day, together with chewable tablets and a dissolvable drink substance. I had to pay for the medication and treatment which ate into our Holiday spends. I was told to only eat rice and chicken and only drink water. Not a great way to enjoy an All Inclusive Holiday! When I asked my tour representative to translate the letter from the Doctor to my insurers, the look on his face was one of horror and he told me it was due to food poisoning. We had to cancel a long awaited trip to Havana and spend all our time on the complex. Meaning we could not enjoy the remaining week that we had left and I could not toast to the New Year, but spent midnight in bed while others went to the Hotel’s beach party.
When you fall ill on Holiday it is important to try and pinpoint what you believe has made you ill. What day you began feeling ill, where you had eaten that day and/or the day before and what else you did at the time such as swimming in a pool. If other people on the same holiday fall ill then it is important to get their contact details. Many Hotels will say that you were an isolated case. This is what my tour representative tried to say to me. But I knew of another lady who had the same illness but had ended up on a drip for several days, so I knew it was not an isolated incident.
Poor food hygiene is what causes most illnesses whilst on holiday. Whilst this may not be as a direct result of your holiday representative or tour operator, it is still their responsibility to ensure that good food hygiene systems are in place. It is your tour operator’s responsibility to take all reasonable steps to ensure your health and safety is not put at risk. If they breach or fail in that duty then you may be able to pursue a claim.
If you have suffered illness abroad, you may be able to claim compensation either against your tour operator under The Package Travel, Package Holidays and Package Tours Regulations 1992 or against your hotel, cruise line operator or any other party that has caused your illness.
This depends on the circumstances but generally you can claim for loss of enjoyment of the holiday and out of pocket expenses, together with compensation for the illness/injury itself.
Written by Alisha Butler-Ward a Solicitor with Burd Ward Solicitors.