Legal updates

A woman sued her dentist for poor dental care after she claimed poor dental care resulted in her developing a brain abscess which nearly killed her and left her needing urgent surgery. She has had to learn to walk again and was hospitalised for a month.

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The Health and Safety Executive have prosecuted a construction company after one of it’s workers fell from a height onto a concrete floor.  The worker sustained life threatening injuries and was fortunate not to have been killed as a result of the company’s negligence.

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Many people still believe in one of the biggest urban myths about marriage-  that if you live with your partner for long enough then your relationship status becomes, in effect, a ‘common law marriage’ and have the same legal rights.  The 2011 census recorded that more than 10% of adults were cohabiting and many don’t realise the full implications of their situation legally in the event of separation or death. Cohabitation and “common law marriage” has no legal status!  Unlike marriage and civil partnerships, unmarried couples have no legal rights over their partner’s property or assets if they die or separate.

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Our last post on divorce myths looked at prenuptial agreements and whether or not they can be broken.  This post is going to look at fault in divorce and how this effects division of assets if at all.   As was mentioned previously, divorce can be one of the most traumatic experiences you ever have to experience.  It is essential to enter into divorce proceedings with eyes wide open, fully aware of what to expect and how it will affect you financially as well as emotionally.

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A ship builder based in Birkenhead has been investigated by the HSE after a 59 year old employee sustained a serious crushing injury to his hand whilst he was carrying our repair work.

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A grieving widow is to sue The East of England Ambulance Service NHS Trust and the Private Ambulance Service Ltd company for compensation after numerous errors from staff resulted in the avoidable death of her husband.

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A manufacturing company has been investigated by the Health and Safety Executive after a routine health and safety inspection found that staff were at risk of exposure to a toxic substance and despite being warned to take action and rectify the health risk, they did not do so for 22 months.

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What is a No Win No Fee Agreement?

We provide you with initial advice regarding your claim at no cost. From this we can determine the best funding option for your claim, which in many cases will be “No Win No Fee”*.

After assessing your claim, your solicitor will explain to you fully how your claim will be funded, including whether you are covered under any legal expense insurance.

In the event that you have no legal cover, then we can act upon your behalf on a No Win No Fee Agreement which essentially means that if you lose the claim, then you pay nothing towards our legal fees whatsoever.

How does it work?

In the event that we succeed in recovering damages upon your behalf, then we undertake to limit the unrecovered legal fees that you are liable to pay us under the terms of the Conditional Fee Agreement to a maximum of 25% of your damages. ** If the case is lost, we take no fee whatsoever, and therefore nothing is payable by you towards our legal fees.

What happens to the Defendant’s costs if I lose the claim?

In the event that you are awarded damages, but fail to beat an offer made by the Defendant’s then you would be ordered to pay the Defendant’s costs up to a maximum of the level of damages that you are awarded, leaving you with nothing. If you take out an After The Event Insurance Policy, which we strongly recommend that you do, then this insures you against losing any of your damages as it covers the Defendants legal costs, subject to its terms and conditions and following our own legal advice on any offers made. In the event that you succeed with your claim, the cost of the Policy is deducted from your damages. However, in the event that you were to lose your claim, the Policy is self insuring, meaning that nothing would be payable by you as the cost of the policy is part of the insurance cover.

Frequently Asked Questions

Please refer to the home page of the website for more information on frequently asked questions about how your claim is funded under a Conditional Fee Agreement.

*No win No Fee does not apply to criminal injuries, group actions, or accidents outside England and Wales. Subject to compliance with the terms of your funding arrangements.

** Subject to entering into, and complying with the terms of a No Win No Fee Agreement with us.

The Walsall Hospitals NHS Trust has agreed to pay compensation to a teenager who sustained brain damage after an anaesthetic procedure went wrong.  He suffered ‘catastrophic’ brain damage after an operation at the Walsall Manor medical centre.

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A woman was left severely disabled after being sent home and told to sleep off a migraine back in 2010.  The severe head ached turned out to be a stroke which left her very ill, unable to walk and talk.  She was devastated along with her family who struggled to come to terms with her condition.

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