Christmas is the time of year when families should be together. For some families however they face the agonising prospect of social services taking them to Court to try to remove their children. If this is your family you need to ensure you take specialist advice as soon as possible. At Burd Ward both John Burd and Laura Prysor-Jones are specially accredited members of the Law Society’s Children Panel meaning they specialise in all aspects of proceedings involving children. It is important that you seek advice as soon as Social Services become involved with your family as situations can change very quickly. We have the experience to advise and guide you at every stage of the process.

If your children have been removed or you have been given paperwork to say that you are being taken to Court you must instruct a solicitor immediately. The Court must try to conclude proceedings within 26 weeks which means you need advice from the start to give you the best chance of having a successful outcome. These situations can seem overwhelming and it is tempting to bury your head in the sand however you must be proactive and get as much help as you can. That starts with a call to Burd Ward.

We have an out of hours number which means that you can contact us any time if you have had your children removed or are facing Court proceedings over the Christmas period. Please call 0151 639 8273 during office hours or by email fjb@burdward.co.uk or lpj@burdward.co.uk outside of office hours.

Whilst working from home this week, due to the weather, I have seen on the TV (on in the background whilst I work) on a daily basis a programme called “Claimed and Shamed”. This programme details scammers and those who make fraudulent Personal Injury cases, as well as other fraudulent activity. Todays case was a man who grossly exaggerated his personal injury claim after an accident at work. He was claiming over £900,000 and was secretly recorded by the Insurers carry out activities he had said that he could no longer do. I then turn my attention to PI Brief and read about how an Apple Watch could help in future Personal Injury claims by monitoring the activities of the wearer. When I looked into it further I found that in a case in Canada a firm of Solicitors are using a Fitbit to gather information about the daily activities of the Claimant to show that her lifestyle is now less active as a result of her injuries.

So will this idea cross the pond and be used in the UK by Claimant Solicitors? Well as a catastrophic/serious injury solicitor I think its a great idea. I think it could be used by Claimants to prove the impact of their injuries and the effect on their lifestyle. Currently we seek to rely on medical reports from Experts who only see the Claimants for a limited period of time and who generally ask pre-determined questions which are not necessarily case specific. After which they produce a medical report upon which the claimants compensation will be valued. Yes we can elaborate on the affects the injuries have had on the Claimant, within a witness statement but this is based upon the Claimant being able to remember specifics and above all being believed.

However, will the Insurers and Courts accept the information as evidence. One would hope so given that developments with social media and intelligence gathering on behalf of the insurers is used to attempt to smear the names of some genuine Claimants particularly when they try to link claimants with defendants on facebook, despite facebooks own research which shows that we are all linked on facebook via 4-5 degrees.

It may be the case that the insurers will demand that the Claimants wear the devices during an “assessment” period. If Claimants refuse it will be another way for claims to be struck out.

As with everything there will be pros and cons but if Claimant Solicitors utilise this new technology to their advantage then we will be a step ahead!

Article written by Alisha Butler-Ward.

Victoria Syvret has been one of the few mediators in Wirral who has been able to offer free Mediation for eligible people under Legal Aid.

From 3rd November the Government has announced that the initial Mediation Information and Assessment Meeting (MIAM) will now be free for both parties even if only one of them is financially eligible for Legal Aid.

This welcome change will allow more people to access Mediation services for their family issues as the government will fund the second person to meet with the Mediator under their Legal Aid contract.

This is especially important as from April 2014 any person wishing to make a Court application relating to a child or financial matters must have been for an initial MIAM meeting with an accredited mediator to find out about Mediation services.

Victoria Syvret comments

“The breakdown of a relationship can often be painful. Many of us find it difficult to discuss emotive issues such as arrangements for our children or financial concerns. Family Mediation is a positive way to resolve issues arising from relationship breakdown by utilising the skills of a trained third party to help guide you through. I am already a strong believer in the benefits of mediation and I have been able to help many separated couples create arrangements that work for their families. When considering what action to take, cost is often an issue, but now with the benefit of being able to offer free MIAMs meetings to more people, I hope to be able to reach many more broken down families to discuss Mediation as an option to resolve their issues.”

Family Mediation is a positive way to resolve issues arising from relationship breakdown. The kind of issues you might need to discuss includes:

• looking after your children
• what will happen to your home
• sharing your money and other assets
• financial support

Mediation allows you to keep control of the decisions affecting your family and can achieve the most amicable way of settling a dispute following a family breakdown.

For more information about Mediation at Burd Ward please contact Victoria Syvret today on 0151 639 8273

Wirral University Teaching Hospital NHS Foundation Trust, also known as Arrowe Park Hospital, have agreed a 5 figure settlement with Family of woman who died after giving birth to a still born son.

It was reported in the daily news today that Carly Harper, from Westkirby, Wirral, was admitted to Arrowe Park Hospital in May 2012 when she was 24 weeks pregnant, after her waters broke and her contractions started. Carly was pregnant with her first child and was only 26 yrs of age.

Carly advised the staff at the Hospital that she was in pain and after an Ultrasound it was discovered that her unborn son was dying so the Doctors induced birth. Carly did not give birth until 6 hours after the scan, when she gave birth to a still born son.

Carly was taken into intensive care and placed on a Ventilator but died the following day of multiple organ failure.

Carly’s family held Arrowe Park Hospital for their daughter’s death, claiming that the Hospital staff delayed inducing her labour and they did not act quickly enough on signs she had sepsis, a severe infection.

The Hospital trust produced a Serious Incident Review Report, which recognised a number of failings in the care that was provided to Carly. One of those failings was the failure of the obstetric team to respond with sufficient urgency to the seriousness of her condition.

The trust admitted that “there was a delay in delivering the deceased’s foetus and in administering the second antibiotic as per Trust policy”. But the Trust did not accept that their failings contributed to and/or caused Carly’s death.

It will be interesting to see what Coroner David Lewis determines to have been the cause of Carly’s death when the inquest is held in the near future. The inquest is expected to take 3 days and he will hear evidence from clinicians that were responsible for Miss Harper’s care.

If you or someone you know has suffered medical negligence then get in touch with Alisha Butler-Ward at Burd Ward Solicitors* on 0151 639 8273 or by email on alishaward@burdward.co.uk

The Daily Mail Online reported this week that Paul Vallance has received £4 million in compensation after a head-on car crash that left him too angry to work.

Paul did not seek legal advice from the outset and it was only when Paul’s mum sought legal advice that the true extent of his injuries became apparent.

From the report it would seem that Paul Vallance had an undiagnosed “serious” brain injury. Despite 19 days in Hospital and classic signs of brain injury, such as amnesia confusion and losing the ability to speak, together with aggression, loss of self-control and inappropriate behaviour. No-one is suggesting any fault by the Hospital who treated Paul and I assume that his injury was diagnosed as “a mild injury” because Paul, like many others nowadays, dealt with the insurers direct, initially. It would seem to me that the insurers misdiagnosed Paul injuries, whether this was due to the inexperience of the file handler or a “rush” to settle the claim for the least amount of compensation.

I have seen this happen before and it is happening more often.

Only experienced Solicitors can ensure that the treatment and rehabilitation that is provided is in the best interests of the client. The insurance companies are just that – companies! They all have profits to make and paying out for serious injuries impacts on those profit margins, as does providing a victim with adequate care and rehabilitation.

I only worry how many other people there are out there that accepted the help and compensation from the insurers, when the true extent of their injuries were not fully investigated.

My recommendation – get in touch with a Solicitor every time you are involved in an accident, just in case!

Written by Mrs Alisha Butler-Ward Catastrophic Injury Solicitor

Burd Ward Solicitors are happy to announce that Mrs Alisha Butler-Ward, a Catastrophic & Serious Injury Solicitor has now joined their specialist Personal Injury team.

Alisha is a Solicitor Advocate with over 18 years experience in Personal Injury and specialises in Brain Injury, Spinal Injury, and Amputation Claims, to name but a few.

This year alone Alisha has won a claim in the sum of £1 million, for a traumatic amputee client. Alisha is involved in various charities who offer support to Amputees and those who have suffered Catastrophic injuries following an accident.

When dealing with Catastrophic / Serious Injury claims the relationship between the client, their family and the Solicitor is extremely important. More often than not these claims can last several years due to the complexity of the injuries and the rehabilitation required. It is therefore vital that victims instruct an experienced Solicitor who they can build a relationship with and who they can rely upon for support and advice, not only for themselves but for those around them.

A Catastrophic / Serious injury can change not only the clients life, forever, but the life of their family and friends. All those affected need the right support and advice to assist in coming to terms with the effects of the accident. This is why the Solicitor is not only a Legal advisor but often becomes a companion to the client and family, and the only constant in a time of uncertainty.

Clients and families of those who have suffered as a result of Catastrophic / Serious accidents, will have a higher demand for Justice, as opposed to a concentration on monetary compensation and this demand must be handled sensitively and expertly. Unless liability is established quickly, no immediate compensation will be forthcoming and therefore the main focus when initially dealing with such a claim should be on establishing liability, as well as working alongside the medical professionals to ensure that the client is receiving the right treatment and rehabilitation.

Ensuring the right treatment is given, by the NHS or Privately, is aided by a Solicitors experience in dealing with the relevant medical professionals and having the right knowledge, experience and contacts in the medical industry. It can be imperative for surgery, prosthetic limbs, adaptations and other medical aids to be provided at the earliest opportunity and it is the Solicitors role to ensure that all recommendations are provided.

A Catastrophic / Serious Injury can affect many people, not only the injured person, but those around them and particularly those who care for them. These additional issues will need to be considered when the care regime is formulated. It should be standard practise for a Rehabilitation Report to be prepared at the earliest opportunity to give
the client, their family and the Solicitors involved, a better understanding of the client’s requirements and to assist in obtaining the correct treatment and rehabilitation for the client.

For most clients and their families the idea of making a claim is the last thing on their minds and the thought of litigation is stressful but an experienced Solicitor will be there every step of the way and will understand these feelings and will explain in detail the process involved. It is also important to know that your Solicitor is on hand at any time and will support you through your rehabilitation as well as the litigation.

If you or someone you know has suffered a Catastrophic / Serious injury as a result of an accident then please contact Mrs Alisha Butler-Ward at Burd Ward Solicitors on 0151 639 8273; or 0771 4236784; or email on alishaward@burdward.co.uk

I have recently purchased my first house and something I have had to consider is making a Will. Research has shown that most people fail to make appropriate arrangements for their death which impacts upon those closest to them. A study by the Dying Matters Coalition showed that over half of us are unaware of our partner’s final wishes and we are unlikely to have made suitable arrangements for our own deaths. I had avoided making a Will as I didn’t want to think about death but especially since becoming a home owner I realised it was a sensible step to take to ensure my loved ones are looked after.

I would urge home owners to make a Will or review their Wills to ensure they are up to date. It is especially important when buying a house with someone else to consider what you would wish to happen to your interest in your home upon your death. This is something that needs to be considered with your conveyancer when purchasing your home and to be confirmed in your Will. It is essential that you receive professional advice from an expert to ensure you are aware of all your options and that your Will reflects your wishes.

At Burd Ward we regularly advise and act for clients in this area. Buying a home can be a daunting time and it is important that you have advice from professionals who can guide you through the process and ensure that you have provision in place to ensure your wishes are met in the event of your death. We appreciate that making a Will may be the last thing on your mind amongst the stress of moving home but it is the perfect time to take stock and consider what you would want to happen to your home if you died and at Burd Ward our wills are competitively priced and you can be assured of a speedy service from our qualified advisers.

For more information please contact Laura Prysor-Jones on 0151 639 8273 or email her at lpj@burdward.co.uk

Whether children/young adults play Football or Rugby they could be in danger of sustaining at the very least a concussion and/or “minor head injury”. Most recently Tottenham keeper Hugo Llioris briefly lost consciousness during Tottenham’s game against Everton when he collided with Romelu Lukaku. He was assessed on the pitch and allowed to carry on. But Football unions called for changes to the Head Injury Guidelines with the Professional Football Association saying that footballers should be removed from play is they lose consciousness.

So what happens at schools or local football matches that children/young adults play in, what are the guidelines there and is there someone suitably qualified to spot the signs of concussion and/or a minor head injury.

We certainly do not want to stop our children/young adults from playing such sports but we have to be confident that the continued participation in such sports is not causing lasting damage to those who play.

Many Rugby players will suffer will suffer repeated concussions during their career. But similarly footballers who header a fast moving ball can find that the impact is severe given the force by which the ball is travelling.

Such is the issue that The Washington Post reported on 30 May 2014 that the First ever summit was to be held on Sports Concussions was to be held in the White House with President Obama stating that the Culture of American Sports needed to shift to cope with danger of concussions suffered in sports.

The summit resulted in new financial commitments by the federal government and the private sector into research into concussions to help train paediatric neurologists specialising in sports concussions and research into how to prevent diagnose and treat the injuries amongst young athletes.

So what should we do and what should we look out for?

Well top scientists suggest that for someone with suspected concussion, you take them off and watch them that night. But what if you are not present at the game? Being observant and talking to player afterwards is key. Ask them if they came into contact with anyone else or headed the ball. Look out for signs of concussion/head injury such as:

• Nausea
• Headaches
• bruising or swelling dizziness
• unconsciousness
• difficulty speaking, such as slurred speech
• Double vision
• balance problems
• memory loss
• irritability or unusual behaviour

Further information can be found on the NHS website at: http://www.nhs.uk/conditions/head-injury-minor/pages/introduction.aspx

Contact Alisha Butler-Ward at alishaward@burdward.co.uk

Question: Do you rent your home but find it difficult to get your landlord to carry out even the most basic of repairs?

• Damp / Mould growth
• Rotting windows frames
• Leaking roof
• Broken toilet / bath / shower
• Electrics do not work
• Broken noiler

The above are just a few examples of problems you may be facing on a daily basis, however what do you do when nobody turns up to fix these problems and what rights do you have to take matters further?

Answer: Firstly, you should detail your complaints in a letter to your landlord and ensure that you keep a copy, and also take photographs of any of the problems. If your landlord fails to respond then you may wish to consult a legal expert who should be willing to write to your landlord on your behalf asking for the repairs to be carried out. In some circumstances you may be able to receive advice which is funded by the Legal Aid Agency.

It is wise to keep a diary of events surrounding your disrepair problems as times, dates, and ‘who said what’ will be important if your landlord continually ignores you or refuses to see to the problems.

Even if your tenancy agreement has now expired you may still be protected by the law, and may be able to take your landlord to court to obtain an order forcing him/her to carry out the works. In some cases tenants can receive compensation.

Your legal expert should aim to try and resolve the issues with your landlord without going to court, however if your landlord does not do what is required by the law then court proceedings could be issued to try and enforce your statutory and tenancy rights.

If you are in doubt then you should contact Paula Suckley at Burd Ward on 0151 639 8273 or email her at ps@burdward.co.uk

At 2pm on Thursday 31 July 2014 the West Yorkshire Fire & Rescue Service was alerted to a fire a Power Station C of the Ferrybridge Power Station, Knottingly.

At one point 15 fire engines were in attendance at the power station which is a coal powered station. Thick smoke and flames could be seen rising between two silo-like structures which were located near the cooling towers. The black smoke could be seen rising from miles away and local roads and motorways were also affected.

The blaze had resulted in the partial collapse of the tower, believed to be used to remove sulphur dioxide from gases produced at the power station.

What can the smoke cause?

Whilst it was reported that there were no immediate injuries reported, we are interested in hearing from local residents or employees that have sustained injuries, such as the following:

• Skin problems, including severe itching, eczema and skin rashes
• Sore, itchy eyes
• Nose bleeds and headaches
• Breathing problems, chesty cough or asthma attacks

Can I claim compensation?

If you or someone you know has suffered any of the above symptoms and sought medical attention as a result then we would recommend that you contact us for guidance and support on making a claim.

Please contact Alisha Ward at Burd Ward Solicitors on 0151 639 8273 or at alishaward@burdward.co.uk