Thorneycroft News for August 2017

Ever wondered what a Lasting Power of Attorney (LPA) is, or whether it is something you actually need? In this article, we at Thorneycroft Solicitors thought we would offer a helping hand to those of you interested in the subject.

So, what are Lasting Powers of Attorney?

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Whether you’re looking to buy a new home now or in the future, it’s very likely that you will come across the terms ‘right to buy’ and ‘help to buy’.

What most people don’t realise is that although the terminology sounds very similar, both schemes are in fact totally unrelated.

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A motorcyclist has been hailed a hero for a split-second decision which saved the lives of a dozen cyclists but also left him paralysed from the chest down.

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The Oxford dictionary defines an accident as “an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury”.

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The Royal College of Midwives (RCM) has dropped its ‘normal birth’ campaign after admitting it may have been misleading to prospective mothers.

Content including ‘Top 10 tips for a normal birth’ has been deleted from the website, and the RCM have redacted the campaign,

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There is no denying that data breaches are becoming ever more commonplace in today’s society. Cyber-attacks that result in data breaches for some of the largest organisations in the world dominate the headlines, with hacking groups competing to claim the biggest victim.

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Courts have ruled that medical practitioners who do not carry out routine tests cannot be expected to foresee fatal symptoms and will not be punished for clinical negligence.

The ruling comes after an optometrist who failed to identify a schoolboy’s fatal condition had her manslaughter conviction overturned by the Court of Appeal.

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NHS hospitals responsible for patient deaths as a result of clinical negligence may get a ‘free pass’ at inquests should the Government’s proposal to cap legal costs come to fruition, a lawyer has warned.

The lawyer also suggests that coroners hearings will become much shorter, and lessons that could be learned will become missed opportunities.

Those with limited means are often represented on a no win no fee basis. The hearings of such cases are often considered the best opportunity for investigating errors and making recommendations for improvements that may help hospitals avoid cases of clinical negligence in the future.

However, the Government’s new proposals suggest that those who lose negligence cases will not have to pay the claimants legal costs if a claim is worth less than £25,000.

The lawyer maintains that this would make it extremely difficult for the average person to find lawyers who are able to hold hospital bosses to account in an inquest.

He said: “Inquests these days are much more searching than back in the day, and you often need specialist solicitors and barristers.”

“We risk going back to the days when hearings are just two hours long and rely on evidence only from a consultant working at the hospital concerned.”

He also added that “You will get families finding there is no accountability.”

The Government are also proposing a cap on the amount that can be awarded to claimants to cover the cost of expert evidence.

Under the proposal, claimants would be restricted to £600 for expert fees, however, most experts quote a fee of £1,000 to £2,000 to prepare a report, meaning that the remainder of the cost would be left for the claimant to cover out of their own pocket.

A spokesperson for leading patient safety charity – Action against Medical Accidents highlights that without the preliminary report many victims of clinical negligence would stand little chance of compensation as they would be unable to assess the strength of their case in the first place.

Pursuing a clinical negligence claim can often be a complex process which is why it is so important to find a solicitor that specialises in this area. Too many firms add clinical negligence into their general portfolio of personal injury practitioners without having clinical negligence solicitors.

At Thorneycroft Solicitors we have a dedicated team who specialise in this field alone. We work with the most experienced medical experts, ensuring their involvement from the outset of the claim to offer advice and guidance.

There to advise you through each step of the process, from the initial advice to possible treatment if required, we pride ourselves on our professional but caring approach.

If you would like to find out if you could bring a claim, call us for free on 0800 1979 345 or complete our online enquiry form by clicking here.

A personal injury law firm has lost its £4.5 million claim for legal expenses after an insurance underwriting agency allegedly failed to deliver on the expected number of referrals for the law firm.

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A top judge has called on the Government to clarify its stance surrounding corporate law disputes after Brexit.

Lord Chief Justice Thomas, who is head of the judiciary in England and Wales stated that “English law and the English courts will be used to resolve business disputes after Britain has withdrawn from the EU in 2019”.

However, he has urged the Government to clarify the position, particularly the mutual recognition of judgements throughout Europe, which currently happen automatically under EU law.

In a speech, Lord Thomas said: “Brexit will not change the substantive content and application of English contract law — as it was never part of EU law”.

He also added: “It is the wish of the entire legal community to continue to assure businesses here and elsewhere in the world that using English law . . . will continue to be the same after March 2019 as it is today.”

He insisted that the Government must clarify the position as contracts are being made every day which will be binding for years to come.

Has your business been affected by Brexit?

At Thorneycroft Solicitors we aim to build long-term working relationships with our clients, in order to understand their specific requirements and long term vision.

By providing competitive rates, flexible fee structures and high quality, innovative advice, we bring added value to our client’s businesses and help them to maximise every opportunity.

You will find our team both friendly and approachable and each of our solicitors is an expert in their own area of law, ensuring that you receive up-to-date professional advice and information.

For further details or if you are interested in a consultation please contact a member of our team for free by calling 0800 1979 345 or complete our online enquiry form by clicking here.