The state of the roads and cycle paths can pose a hazard to cyclists and vehicle drivers alike – and we have some advice if you’ve suffered an injury on your bicycle due to the poor condition of the road.

Cycling Claims Against The Highways Authority

If your accident has been caused by a pothole or poorly maintained road, you can make a claim against the Highways Authority.

According to section 41 (1) of the Highways Act 1980, the local authority has a duty to maintain the highway. This is why a claim is usually made under the Highways Act when there is a defect in the road.

However, under section 58, the authority is not liable if it can prove care has been taken to inspect, maintain and repair that part of the highway and that it was not dangerous for traffic.

Factors the court will consider when a cycling claim is made against a local authority, include:

• The condition of the part of the road where the accident happened
• Whether the condition of the road was reasonable
• If the authority knew or could have been expected to know that the road condition was likely to cause danger for cyclists and drivers
• If warning signs had been displayed when deemed reasonable and the authority could not have been expected to repair the road before the accident

Cycling Claims Against The Landowner Or Other

If debris in the road caused your accident, then it’s likely you can make a claim for negligence against the responsible person – be that a builder after an item fell from a nearby building site; a landowner whose petrol spillage leaked onto the road; or a farmer whose object fell from a tractor and landed in the road. However, you would need to be able to prove who was responsible for debris on the highway.

It may still be possible to claim for negligence if you’re unsuccessful with your initial claim under the Highways Act.

Cycling Claims Against The MIB

If your cycling accident was caused by debris in the road, such as something falling from a construction site or a spillage in the road or an object falling from a lorry, and the individual responsible for the item involved in the incident can’t be traced, then a claim can be made under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement.

For a claim against the MIB to be successful, it’s important you report the accident to the police straightaway or there’s a risk the MIB won’t consider the claim.

How We Can Help With Cycling Claims  

Our professional personal injury solicitors have the experience to help with a range of cycling claims and will work hard to establish the cause of your accident and how best to proceed.

Whether your cycling accident happened because of a pothole in the road or debris on the road, we will help you make a cycling claim under the Highways Act or to claim for negligence against the responsible party.

To help with your claim, take a photo of the scene of the accident – but only if it is safe to do so. It’s important to highlight the condition of the road and the depth of any defect if you can, as well as any signs that show who may be responsible for the accident. Check whether local businesses have CCTV or if there are any witnesses and report the accident to the local council or landowner as soon as possible.

Make a free compensation enquiry today

For specialist advice on your personal injury claim, call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

Second marriages are on the increase, particularly in later life – and there are steps you can take to ensure you continue to protect your assets if you have a new spouse.

Nina Sperring, Solicitor at Bartletts Solicitors says: “As a member of the Society of Trust and Estate Practitioners (STEP) and STEP-qualified lawyer, I’m up-to-date on their findings and they recently published data that highlights nearly half of their members have experienced an increase in clients wishing to use trusts as a means of protecting their assets – and a rise in second marriages is a big reason for this upswing.

“When you marry, your existing Will is void which means unless you make a new one your estate will be distributed according to the rules of intestacy when you die. If you’re entering or have just entered into your second marriage, failing to make or update your Will could mean your new spouse gets more than you’d ideally like or your children get far less when you die.”

If you’re prepared and plan ahead, you can marry and still ensure you protect loved ones after you die. 

Make A New Will Or Update Your Will

Write a new Will when you get married a second time, so it is valid and reflects your wishes for loved ones and family.

It is possible to include a trust in your Will with a view to protecting your new spouse as well as children from a previous marriage, for example. It may enable your second husband or wife to use your assets after you die, during their lifetime, but when he or she dies, your children would receive all the assets – or you can make an alternative arrangement that suits the specific needs of your circumstances.

How We Can Help You Protect Your Assets For The Future

Inheritance is not always straightforward, especially when it comes to second marriages and children from previous relationships – which is why our specialist family law solicitors provide tailored expert advice and guidance that lets you know your options and supports you in achieving your wishes for loved ones and family.

We will help you prepare for later life, including setting up any Powers of Attorney as well as writing a Will to reflect your current circumstances.

As all our advice is tailored to your needs, we’ll help you find the best ways to protect your assets, for you today and for your future.

To speak to one of our specialist solicitors about making a Will or for advice on protecting your assets, contact us on 0800 988 3674 or email advice@bartletts.co.uk

Private Client Solicitor Nina Sperring is celebrating her 10th anniversary with Chester’s Bartletts Solicitors this month – and is looking forward to enjoying many more years to come with the firm.

Joining the firm in 2009 in Bartletts Nicholas Street office, Nina moved to the Hoole office in 2012 when she qualified as a solicitor and now manages this office.

“I have enjoyed every aspect of working for Bartletts Solicitors during the past 10 years and I genuinely love my job. I hope for another 10 happy years with the firm,” says Nina Sperring.

“My reason for joining the firm in the first place was its excellent reputation. Bartletts Solicitors prides itself on its personal service and clients’ wellbeing; both are extremely important to me. The fact the company began in 1860 and still has two generations of Bartletts family members working within the firm speaks volumes.

“In our Hoole office, we have clients who pop in for a cup of tea and chat, and I think that’s what my job is all about – taking such great care of clients and getting to know them as individuals over the years to ensure I can provide a truly personal service.

 “Bartletts is a very supportive employer and takes good care of both its staff and clients. This is why employees have been with the firm for so long, as have many clients.

“Thanks to Bartletts funding my studies to become a Trustee and Estate Practitioner, I can now say that I am a qualified expert in the Private Client field. This means that I am able to provide an even better service to my clients.

“It’s been fun to see the firm grow during the course of the last decade, particularly as the high standard of client care has remained consistent throughout. All the Chester offices are friendly and everyone enjoys the work they do here.”

The legal world has naturally changed over the past 10 years, including the personal injury reforms that have come into place.

Nina adds: “There has been an overhaul of the legal profession and it seems to me that only the most experienced and trustworthy firms are surviving.

“My advice for anyone considering entering the legal profession, is to undertake work experience first. Every area needs different skills and it’s important to find the one that’s right for you – it’s a demanding profession but very rewarding too.

“I’ve thoroughly enjoyed the last 10 years here and hope to look after clients and work with colleagues at this firm for many, many more years to come.”

To speak to Nina Sperring for advice on a particular legal matter or to find out more about the services Bartletts provides, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

Bartletts Solicitors sponsored the Farndon 10k race for another year and Nina Sperring Solicitor at our Hoole office presented prizes to race winners Charlie Hulson and Joanna Mardsen.

Charlie Hulson of Liverpool Harriers won in a course record of 29.56.  Charlie is a GB International and is hoping to represent Wales in the marathon at the Commonwealth Games at Birmingham in 2022.   Joanna Mardsen of Ellesmere Port Running Club was the first lady in a time of 37.11 which is a personal best for her.  

Bartletts Solicitors Nina Sperring also took part in the race.

The personal injury team at Bartletts Chester office recently helped four shop assistants to win compensation for chest infection symptoms that had been caused by working in an unfit environment.

The four claimants, aged between 20 and 30, had all worked for a shop selling beauty products and noticed that whilst employed there they seemed to feel unusually unwell for much of the time.

The reason for this became clear when, in November 2015, there was severe weather and the shop ceiling fell down. This exposed the fact the shop attic, directly above the working area, was full of dead and decomposing pigeons as well as faeces and bird carcasses.

Using this as firm evidence of liability on the part of the employer, together with medical evidence from the claimants’ testimonies and medical records, the specialist personal injury team at Bartletts Chester helped the shop assistants secure compensation for their symptoms as well as out of pocket expenses.  

The medical records had shown patterns of unusual illnesses, in all four individuals, such as respiratory problems, chest infections, eye infections, and general feeling of being unwell.

Each claimant recovered but became generally unwell again shortly afterwards.

Unfortunately, the attic in question was not immediately repaired or boarded up so there is a risk a similar situation could arise again – we are just thankful our personal injury services provided by Bartletts Chester won the compensation these shop assistants deserved, and hope the employer will soon take the necessary action to ensure its premises are fit for purpose.

Make a free compensation enquiry today

For specialist advice on your personal injury claim, call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

Big changes in personal circumstances can lead to a want to drastically change your Will – and this is not a problem, provided it is done in a legally safe way.

Nina Sperring, Solicitor at Bartletts Solicitors in Hoole, Chester, says: “Making big changes or revoking your Will is possible at any time but must be done in such a way that ensures your new Will is legally valid.

“It is all too easy to think you have destroyed your Will but this is not always enough – to fully revoke a Will, it must be the original that is cancelled. It is also important you either write a new Will or legally alter your existing Will or you run the risk of dying intestate.”

The need to revoke or change your Will legally has recently been highlighted by the case of Blyth v Sykes.

Blyth v Sykes

The family of Mrs Agnes Moore, who died in 2016, ended up having their dispute heard in the High Court, when her daughter Mrs Blyth and son-in-law Mr Sykes couldn’t agree on Mrs Moore’s Will situation.

Mrs Blyth argued her mother had destroyed it, thereby revoking the Will, whilst Mr Sykes said the original Will had simply been lost.

Whether the Will had been destroyed or lost would have a big impact on who benefitted from Mrs Moore’s estate.

Mrs Moore’s Will said her estate should be divided between her three children, Mrs Gail Blyth, Mr William Moore, and Mrs Debbie Sykes and her former husband Mr Leslie Sykes. As with many Wills, her Will stated that if any beneficiaries died before her, their share would be divided between that person’s children.

Debbie died in 2015, and Mrs Blyth argued her mother had torn up her Will after Debbie’s death as she didn’t want Debbie’s children to inherit – according to her, Mrs Moore only wanted her two remaining children and Mr Sykes to benefit.

However, if she did revoke her Will then she’d have died intestate, meaning Mrs Blyth, Mr Moore and Debbie’s children would inherit and Mr Sykes would get nothing.

Hence Mr Sykes argued the Will was merely lost, not revoked.

As the original Will must be destroyed in order to revoke it, the Judge ruled he couldn’t be certain the original had been in Mrs Moore’s possession and that therefore the certified copy of her Will found with her belongings was legally valid.

Rewriting Your Will

Making a Will and then revoking or changing it at a later date when circumstances change is possible if you do so in one of three ways:

• Write a new Will
• Put in writing your wish to revoke your Will, and have this document signed and witnessed just like you did with your original Will
• Destroy your original Will entirely by ripping it to shreds or burning it – something that must be done by you or done in your presence

How We Can Help You Revoke Or Change Your Will

Our professional family lawyers are here to help with all your Will-related queries, including any changes you want to make to your Will or if you want to revoke your Will.

As all our advice is tailored to your needs, we’ll base our guidance on our understanding of your personal situation and help you find the best way for your Will to express your wishes for loved ones when you die – whether that is revoking your Will and writing a new one or drastically changing your existing Will.

We’ll ensure all changes are made in a legally safe way, and we can store your original Will for you so you always know where it is should you want to revoke or make further changes in the future.  

To speak to one of our specialist solicitors about revoking, changing or making a Will, contact us on 0800 988 3674 or email advice@bartletts.co.uk

All of us at Bartletts Solicitors in Hoole welcome the proposed new divorce law reforms, aimed at reducing hostility between separating spouses by enabling couples to get divorced without the need to blame one another for the breakdown of their marriage.

The so-called no-fault divorce reforms are being considered by Parliament and if they become law then they should make the whole process more straightforward and less stressful for separating partners.

What Are The Proposed New Divorce Law Reforms?

The current divorce law dates back to 1973 (The Matrimonial Causes Act) and generally states the need to assign blame to your spouse in order to divorce. This doesn’t allow for those couples who have simply grown apart and want to divorce quickly, without the need to wait 2 years.

As a guide, the main changes of the proposed reforms include:

• No need to apportion blame, fault or give a reason for the divorce
• No need to wait for a period of separation of a minimum of 2 years
• Do need to wait 6 months from issuing the Petition to finalising the divorce, to give both sides a cooling off period
• Can jointly apply for divorce
• A partner cannot refuse to divorce their spouse
• If one partner disagrees, the couple must live apart for 5 years before applying for divorce

What Has Stayed The Same With The Reforms?

Couples wishing to divorce still need to wait a minimum of a year from their marriage date before starting divorce proceedings; and the process is still made up of Petition, Decree Nisi and Decree Absolute.

How We Can Help With Divorce

Making the decision to divorce is never an easy one, but our specialist family law solicitors are here to help and support you through the process. The new reforms will be introduced as soon as parliamentary time allows – and should reduce hostility between spouses and help maintain parental relations during an already stressful time.

To speak to one of our specialist solicitors about any divorce-related query you have or to find out more about the no-fault divorce reforms, contact us on 0800 988 3674 or Chester 01244 311 633 or email advice@bartletts.co.uk

A school boy who was injured when he fell from his faulty bicycle has been awarded compensation after his parents made a claim with the help of Bartletts Wrexham.

Specialist Personal Injury Solicitor Owain Dodd at Bartletts Wrexham helped the 8-year-old boy’s parents with the compensation claim, after he was injured when riding his new bike for the first time.

The gears on the bike broke during the boy’s first ride on it, making it jolt suddenly and causing the boy’s feet to slip off the pedals and for him to fall from the bike.

He needed to be checked over at A&E for a wrist injury and cut to his chin. He was given Calpol for the pain and shock, and a dressing was applied to his chin. Fortunately, he did not suffer any long-term or ongoing injuries.

The bike had been incorrectly put together by the shop where it was bought from, and the gears hadn’t been fitted properly. Owain Dodd at Bartletts Wrexham enlisted an engineer to show exactly how the accident happened and to prove that the bike was defective when bought and that this was why the gears broke when first used.

To help the boy get back on his bike, Owain Dodd at Bartletts Wrexham was able to secure compensation for his personal injuries and to cover the costs of a replacement bike.

How To Make A Claim For Children’s Accident Compensation

Our professional personal injury solicitors have the experience and personal approach to ensure the claims process is straightforward and as stress free as possible for you and your family. Aware of all related issues, we will provide support and guidance throughout, including obtaining medical and educational assessments to monitor the impact of your child’s injuries – now and ongoing into the future.

 

 

 

 

When someone dies without a valid Will, the rules of intestacy decide how that person’s estate is distributed – and often this means that only married or civil partners automatically inherit from the estate.

Dying as an intestate person, you have no will and, effectively, no say over how your estate – that is, everything you own – is divided and distributed. Instead, your estate is distributed according to the law of intestacy. This makes what is naturally an already difficult, sad and stressful time for loved ones even more challenging as there are often complications when handling an estate where there is no Will.

The Rules Of Intestacy

There are strict laws governing the division of an estate when there is no Will, including for married or civil partners with or without children, and for those co-habiting.

However, there are exceptions to the rules of intestacy, and in fact the distribution of an estate can be changed if all the individuals due to inherit under the law agree to this – this is known as making a Deed of Variation on Intestacy, and should be completed within two years of the death.

In addition, any property, money or business interest held jointly would automatically pass to the surviving joint owner; any money held in trust would pass to the named beneficiaries; and anyone nominated as the beneficiary on a life insurance or pension policy should still receive the money. It is also worth noting that some pension and life insurance pay-outs are made on a discretionary basis, irrespective of whether a nomination has been made.  This is another reason as to why it is important to make a Will as the deceased’s Will is very often reviewed when deciding who the payment should be made to.

Outside of these exceptions, the rules of intestacy usually determine that an estate be distributed according to the relationship status of the individual and whether they have children or not.

What Happens If You’re Married Or Civil Partners With No Children?

If your spouse or civil partner dies without a valid will, and you have no children, you will inherit the estate.

What Happens If You’re Married Or Civil Partners With Children?

If your spouse or civil partner dies intestate, and you have children, then you will inherit the first £250,000 of the estate. Anything else will be divided between you and the children, with the children’s share of money going into a trust if they’re under the age of 18.

What Happens If You’re Not Married Or Civil Partners?

If you’re co-habiting and neither married nor in a civil partnership, you won’t automatically inherit from your partner’s estate.

As a guide, the estate would be distributed in the following order of priority:

• Children or grandchildren
• Siblings or nieces and nephews
• Half siblings or half nieces and nephews
• Grandparents
• Aunts and uncles or cousins
• Half aunts and uncles or half cousins

If there are no surviving relatives, the estate would potentially pass to the Crown.

How We Can Help With Intestacy

Our professional Wills and Probate solicitors are here to help you with all aspects of intestacy and inheritance.

Handling an estate where there is no will is challenging, and being the estate administrator is particularly stressful as you can be held responsible for any financial loss that’s made due to a mistake or an oversight. As experienced specialists in handling intestacy cases, our solicitors can administer the estate on your behalf, saving you the time and effort of this demanding role but also removing your risk of liability.

Bartletts Solicitors would ensure the whole process is as efficient and effective as possible, and the estate of your loved one is handled with the utmost care and sensitivity. Responsible for the process, we would communicate with everyone involved, including organisations like HMRC and local authorities.

To speak to one of our specialist solicitors about any intestacy-related query you have or to find out more about our intestacy and inheritance services, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

Specialist Personal Injury Solicitor Owain Dodd at Bartletts Wrexham office recently helped a local factory worker secure a high level of compensation after he was severely injured whilst crossing the road.

The 28-year-old factory worker was knocked over on a pelican crossing, causing a severe injury to his dominant arm and shoulder as well as nerve damage and permanent mobility restrictions.

He needed two separate surgeries, physiotherapy and several steroid injections as part of his medical treatment following the accident. He still suffers from restricted movement in his dominant shoulder, which causes limitations for him in his work at the factory, when he’s undertaking his hobbies, and when he’s carrying out day-to-day tasks.

Fortunately, he got in touch with Owain Dodd at Bartletts Wrexham office who was able to establish that the accident had happened through no fault of his own. The driver of the car had claimed the man had run out in front of him but Owain was able to prove this was not the case and that as the man had almost crossed both lanes, the car driver had had the chance to see him and to take action to avoid him, but had failed to do so.

Owain Dodd at Bartletts Wrexham helped him to successfully claim compensation for his personal injuries, medical treatment, loss of earnings and ongoing care needs.

If you’ve been injured in an accident that wasn’t your fault, you could be entitled to make a personal injury claim for compensation – and our local specialist solicitors are here to help you with legal advice on making a claim.

Make an enquiry today

For free and impartial advice on your personal injury claim, why not contact one of our local solicitors today at Bartletts Solicitors on Freephone 0800 988 3674, or Tel Wrexham : 01978 360056 or Tel Chester : 01244 405 399 or email advice@bartletts.co.uk