Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

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or Mobile  Mobile 0333 200 4465  

Bartletts Solicitors Help Tenant Secure Works And Compensation After Living In Housing Disrepair

A tenant who lived in a property that had damp and mould in many of the rooms, has been awarded compensation after making a housing disrepair claim with the help of Bartletts Solicitors, a specialist local firm with more than 160 years’ experience of assisting clients with their legal issues.

Bartletts Solicitors Housing Disrepair Claims Bartletts Solicitors dedicated a team to working on this case to help the 59-year-old secure her Landlord carrying out the works needed in the property to resolve the damp and mould issues, and compensation for having to live in housing disrepair.

The tenant of a Housing Association was living in a property that had damp and mould in the living room, lobby area, second bedroom and bathroom.

The impact of the housing disrepair on the tenant meant that she didn’t enjoy living in the property, so she contacted Bartletts Solicitors to explain what she wanted to do – to have the necessary works carried out on the property to remove the damp and mould, and to be compensated for having to live in these conditions up until now.

With the help of colleagues at the specialist legal firm, the tenant made a housing disrepair claim.

Bartletts Solicitors dedicated a team to working on this case to help the 59-year-old get the works done needed in the property to resolve the damp and mould issues, and compensation for having to live in a property in disrepair.

To discuss a potential housing disrepair claim with one of our specialist solicitors call FREE on 0800 988 3674  or via a Mobile 0333 200 4465 or complete a Free Online Enquiry and we will soon be in touch.

Can You Claim For An Accident At Work Involving Dangerous Machinery?

Certain workplaces can be dangerous, especially those that have lots of moving machinery on the premises – so what happens if you’re injured in an accident at work involving dangerous machinery?

accident at work Bartletts SolicitorsAccidents like these can cause serious personal injuries and can change a person’s life. It is only fair that you receive the compensation you deserve if the accident happened because of your employer’s negligence.

What Makes A Workplace Dangerous?

Workplaces that are full of machinery with moving parts can be dangerous. The types of machinery include:

  • Forklift trucks
  • Cutting machines
  • Crushing devices
  • Conveyor belts
  • Hydraulic hoses
  • Drills
  • Handheld tools
  • Mowers
  • Gardening equipment

Is Your Employer To Blame?

Employers have a legal duty to protect employees from being hurt by machinery whilst on the premises and to keep them safe.

There are conditions for employers to meet to ensure employees are kept safe. These include:

  • Keeping all machinery in good working order
  • Ensuring employees receive proper training
  • Having safeguards in place in case things go wrong, such as ‘kill’ switches
  • Putting measures in place to prevent access to moving parts wherever possible

If you’re hurt in an accident involving dangerous workplace machinery, your employer may try to blame you for it – however, if your accident happened as a result of your employer failing to fulfil their legal obligations to keep you safe, then you can likely make a claim against your employer for compensation.

Why Make A Claim For Compensation?

Accidents involving dangerous machinery can lead to serious and sometimes life-changing personal injuries. You could lose a limb or finger as a result of the accident, which is traumatic and painful – and furthermore, you could also lose out on pay due to being unable to work for a while or needing to change jobs.

You may require surgery in the future or a prosthetic limb or finger, which is costly.

By making a claim for compensation, you will receive the money you need and deserve to help you recover from your injuries.

Employers have to, by law, have liability insurance in place. This means that in the majority of claims cases, they are handled by the insurance company and not your employer – so don’t be put off from claiming for fear of what your employer may say or do.

Can You Claim?

We are here to help you secure the compensation you deserve and one of our specialist solicitors will advise you if you’re able to make a claim against your employer.

As a guide, you can usually make a claim even if:

  • You no longer work at the place where the accident happened
  • The accident happened more than 3 years ago
  • You were self-employed at the time of the accident if someone else was in control of your working environment

By finding out the full details of your workplace accident involving machinery, we will provide you with expert advice and guidance on what the best next step is and will fully support you if you decide to go ahead with claiming for compensation.

To find out more about making a compensation claim for an industrial accident or to speak to one of our specialist personal injury solicitors about your particular situation, contact us on Freephone 0800 988 3674  or Mobile 0333 200 4465 or telephone Chester 01244 405 399 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.

 

Can I Claim Compensation From My Employer If I am Injured By A Co-Worker?

If you’re injured in an accident at work that was caused by another employee, then you can usually make a claim for compensation against your employer.

Accident At Work ClaimsBy using the law of vicarious liability, it is possible to shift the blame for your accident from your colleague to your employer.

Vicarious Liability Claims

The law of vicarious liability enables the responsibility for your accident to be shifted from the employee who caused it onto your employer – if at the time of the work accident you had both been carrying out your jobs or acting on behalf of the employer.

As a result of the law of vicarious liability, employers are forced to accept responsibility for injuries caused by an employee whilst they were at work and carrying out work-related tasks.

Sometimes, an employer can be found liable for injuries that happen as a result of an accident caused by a sub-contractor or even an employer at another business can be sued if the injuries were inflicted by one of their employees.

The benefit of making a vicarious liability claim against your employer or another employer is that employers usually have insurance in place and are able to cover the compensation costs more easily as a result, unlike employees – which means your compensation claim is far more likely to be successful.

Types Of Vicarious Liability Claims

Vicarious liability claims can be made for a number of reasons, including the following:

  • An employee runs over your foot with a piece of work-related equipment or machinery
  • A colleague drives a work vehicle recklessly, causing you injuries
  • Health and safety measures are not carried out by an employee, leading to your injuries
  • A colleague fails to properly secure part of the site scaffolding, causing you injuries
  • A customer service assistant punches you outside a supermarket following an exchange in the shop

How Can You Make A Vicarious Liability Claim?

To make a claim on the grounds of vicarious liability, you need to prove a connection between your injuries and the acts of your fellow employee.

As a guide, you need to be able to show that the following were true when you sustained your injuries:

  • The employee who injured you had a work-based relationship with the employer
  • The employee’s actions that caused the accident were part of their daily work duties and part of what they were asked to do by the employer

How We Can Help You With Your Vicarious Liability Claim

If you have been injured in an accident at work that was caused by a colleague or happened on business premises and was the fault of an employee, you may be eligible to make a claim for compensation against your employer or another employer on the grounds of vicarious liability.

Our specialist solicitors have a proven track-record of assisting clients with their vicarious liability claims and work hard to make the process as effective and stress-free as possible.

We will provide advice and support at every step of the claims process, should you decide to go ahead with your claim, to ensure you secure the compensation you deserve.

To discuss making a vicarious liability claim against your employer with one of our solicitors, contact us on  01244 405 399 or call FREE on 0800 988 3674  or via a Mobile 0333 200 4465 or complete a Free Online Enquiry and we will soon be in touch.

Bartletts Solicitors Help Local Lecturer Win Compensation Following Hair Bleach Incident

A local lecturer who suffered head and hair damage following a bleach treatment incident, has been awarded compensation after making a claim with the help of Bartletts Solicitors, a legal firm with a proven track-record of assisting clients across the Northwest of England on a wide range of legal issues.

Specialist personal injury lawyers at Bartletts Solicitors were able to conduct the necessary research into the case and establish that the treatment had been negligently carried out, ensuring that the 35-year-old lecturer won her compensation claim for the injuries she’d suffered as a result of the negligence.

The lecturer had received a hair bleach treatment, but the bleach had been left on for too long, resulting in itchiness and soreness of the scalp as well as root damage.

As a result of the bleach being left on beyond the correct time, she suffered physically because of the scalp injuries and psychologically because of the hair breakage caused by the damage to the roots of her hair.

It took 50 months for her hair to re-grow and recover to the level of its previous condition – and this led to her suffering an adjustment disorder with anxiety.

Thankfully, Bartletts Solicitors were able to successfully assist the lecturer with her claim for compensation and she was awarded £8,108 for her personal injuries and to cover the costs of her hair treatment expenses.

Bartletts Solicitors firm is committed to securing the highest possible level of compensation for individuals who’ve suffered personal injuries as the result of an accident that wasn’t their fault and is always happy to help.

To discuss a potential personal injury claim with one of our specialist solicitors call FREE on 0800 988 3674  or via a Mobile 0333 200 4465 or complete a Free Online Enquiry and we will soon be in touch.

 

How Do You Make A Medical Negligence Claim?

If you or a loved one have suffered an injury or illness because of errors made by medical professionals, you may be able to make a medical negligence claim.

Bartletts medical negligenceMaking a claim means getting the answers and compensation you deserve, as well as an apology for the unnecessary suffering.

However, the process of making a medical negligence claim can seem overwhelming at an already difficult and distressing time – which is why our specialist solicitors are here to explain the process and to support you from start to finish, working hard to achieve the best possible outcome.

What Is Medical Negligence?

Medical negligence happens when the care or treatment you have received from medical professionals has been below a reasonable standard or a mistake has been made that causes unnecessary suffering.

Thankfully, medical negligence is rare in the UK but there are times when things go wrong and mistakes are made, including:

  • Misdiagnosis
  • Surgical errors
  • Delayed treatment

How Can You Claim For Medical Negligence?

Usually, you must start your claim within three years of the date you first realised or suspected you had suffered due to medical negligence.

If you think you’ve suffered unnecessarily, seek legal advice as soon as possible.

What Is The Process For Making A Medical Negligence Claim?

As a guide, the process will involve the following steps:

  • Get In Touch
    Get in touch with us to let us know in as much detail as possible the medical treatment you have had and the care you’ve received together with the injuries you’ve suffered as a result of this. We offer a free initial consultation where we will provide straightforward and tailored advice based on your experience and situation.
  • Speak To A Solicitor
    One of our medical negligence solicitors will advise you on whether you are eligible to make a compensation claim, after reviewing all the information which may include any formal complaint you’ve made and the response along with other evidence.
  • Research
    Your solicitor will obtain copies of all relevant medical records relating to your treatment, and will obtain a report from an independent medical expert to confirm if your treatment was below a reasonable standard and you suffered because of this. The expert may wish to examine you as part of their investigation.
  • Make A Claim
    If the expert supports your claim, we will formally initiate a claim on your behalf against the treatment provider.
  • Negotiate Compensation Or Go To Court
    If the defendant accepts liability for your injuries due to medical negligence, we will negotiate on your behalf the level of compensation you deserve for your suffering. If the defendant does not accept liability, court proceedings may begin.
  • Settlement
    When negotiations are complete, the claim is settled and the compensation money from the defendant is paid into your account.

How We Can Help You With Your Medical Negligence Claim

If you have suffered or feel let down because of the sub-standard care or treatment you received from a medical professional, we are here to help and advise you if you want to make a medical negligence claim.

We understand what a difficult time it already is for you and will keep the process as stress-free and undemanding as possible, supporting you at every step of the way. Our specialist advice is straightforward and helpful, and we will work hard to achieve the best possible outcome for you and your recovery.

To discuss a potential medical negligence claim with one of our specialist solicitors, contact us on 01244 405 399 or call FREE on 0800 988 3674  or via a Mobile 0333 200 4465 or complete a Free Online Enquiry and we will soon be in touch.

What Is Probate?

Probate is the legal authority to handle someone’s estate when they die – this includes organising and distributing their possessions according to the wishes expressed in their Will or to the rules of intestacy if they don’t have a Will.

Bartletts Solicitors What is ProbateA legal document, probate provides the right for an individual to distribute an estate and complete the process of probate – also referred to as estate administration.

Who Can Apply For Probate?

If there is a Will, the person named as an executor within the Will can apply for a grant of probate. If there is no Will, the closest living relative can apply for a Letters of Administration document.

What Does Probate Do?

By getting a grant of probate or Letters of Administration, the executor or personal representative is able to access the deceased’s estate. The estate includes all property and possessions.

With probate, the individual has the legal right to access the deceased’s bank account and to organise their property and possessions, ready to distribute to the beneficiaries.

How Long Does Probate Take?

The probate process varies depending on the size and complexity of the estate. For smaller and more straightforward estates, it takes between 2-4 months to get a grant of probate or Letters of Administration.

To complete the process can take several months and even years, depending on the nature of the estate.

Is Probate Always Needed?

No, probate is not normally needed for estates worth less than £5,000.

Spouses and civil partners are usually exempt from probate as jointly owned property would automatically pass to them anyway. However, probate would still be needed for any property the deceased owned in their own name or property owned as tenants in common.

To check if probate is needed, you could contact the deceased’s financial organisations such as bank or mortgage provider to ask if you can transfer assets without probate. Each organisation has its own rules on probate.

Can You Complete Probate Yourself?

Yes, you can apply for probate and handle the estate administration yourself. Or you can use a specialist probate solicitor who would ensure the process is completed efficiently and accurately.

How We Can Help You With Probate

Our specialist probate solicitors have the legal knowledge to assist you with your application for a grant of probate or Letters of Administration as well as carry out all duties for estate administration on your behalf.

Whether it is to distribute the estate according to the deceased’s Will or the rules of intestacy, our probate solicitors will help you by speeding up the process for you and providing the reassurance that everything has been done on time and with full compliance.

To speak to us about probate or administering an estate on your behalf, you can arrange a face-to-face consultation with one of our specialist solicitors in our Bartletts Solicitors Hoole office at Martins Bank Chambers, 31 Hoole Road, Chester CH2 3NF. Alternatively, you can contact us on 01244 311 633 or by email on advice@bartletts.co.uk

 

How Do I Buy A Property At Auction?

Buying a property at auction is becoming increasingly popular because of the shortage of homes for sale on the open market combined with the far faster completion process that auction property offers.

Making A Bid On Property At Auction

Before You Make A Bid

Before you place a bid on property for sale at auction, make sure you research the property in advance first. Enlist a solicitor to review the sale pack before the date of the auction – this should contain the property’s title deeds and recent searches.

It’s vital you understand the property you’re potentially going to buy at auction.

Although being thorough means spending money on a house you might not buy, you will know which questions to ask at the start of the auction before the bidding starts, as your solicitor will give you a report highlighting any areas of concern.

You should also arrange a suitable survey so that you are aware of any defects in the dwelling/building and the costs of rectifying them.

Your Bid Is Accepted

If your bid is accepted, you are legally committed to making the purchase.

The contracts are exchanged at the auction and a completion date is set, often 28 days after the auction day.

You cannot raise any queries after the sale is agreed and contracts exchanged – this is why it’s worth the cost of a solicitor prior to the auction date, to ensure you don’t receive any unexpected news or costs related to the property at a later date.

Your solicitor will then deal with the completion process, transferring legal ownership of the property to you and making arrangements for any stamp duty to be paid to the H M Revenue and Customs.

Paying For Property At Auction

You will have to pay a 10% deposit on the day of the auction, if your bid is successful, so it’s vital to ensure you have the necessary funds cleared in your bank account before the auction date.

Furthermore, as you’re legally committed to buy the property if your bid is accepted and completion is far quicker than for a standard home purchase, you must have sorted funding in advance. There will be no time to sort a normal mortgage between the auction and completion dates.

Is It A Good Idea To Sell Your Property At Auction?

The advantages of selling your property at auction include a fast turnaround time – if you need to sell the property quickly for whatever reason, an auction sale will offer a far faster completion time than a normal house sale.

The downside to selling at auction is that you could end up accepting a lower offer than you might have done if you sold the property on the open market.

How We Can Help You With Your Auction Property Purchase

Our solicitors have the specialist legal knowledge and experience of helping clients to buy and sell property at auction – and are here to help you if you’d like to find out more about the process or to instruct a solicitor to review a sale pack.

To speak to us about buying or selling property at auction, please contact us on 01244 311 633 or email advice@bartletts.co.uk

Alternatively, you can Make An Online Enquiry and one of our team will be in touch with you as soon as possible.

 

Can You Claim For Loss Of Sight?

Eyesight is precious and one of our most important senses, and if you have suffered loss of sight due to someone else’s negligence then you may be entitled to make a claim for compensation.

Whether it’s temporary or permanent loss of sight, or partial or total blindness, eye injuries are potentially life-changing and there are likely many changes you’ll need to make to your existing life, including home and work, as a result of the injury. It is only fair you are compensated for the suffering, difficulties and losses incurred if the accident that caused the injury happened because someone was negligent.

How Can Eye Injuries Happen?

Eye injuries can happen when you’re at work, in the car, in a public place or even at home.

Road traffic accidents, a big fall in the work place or on the pavement, can all lead to eye injuries, either directly or as a result of a brain injury.

Eye Injuries At Work

When eye injuries happen in the workplace, the work often involves manufacturing or the use of chemicals. Hazards in the office can be a cause too, but certain industries have a higher rate of eye injuries than others.

Employers have a duty of care to ensure employees are kept as safe as possible at work and protective measures should be in place to limit the risk of accidents.

As a guide, employers are expected to have safety measures in place that include:

  • The use of protective equipment for staff such as goggles and face shields
  •  Screens in certain areas
  • Regular training for staff on how to safely use the equipment

Can You Claim For Compensation For Loss Of Sight?

If your injury happened as a result of someone else’s negligence, you can make a claim for compensation.

Your compensation will reflect the impact your loss of sight has had on your life. This includes the pain and suffering caused by the injury itself but also any financial losses incurred after the accident and ongoing costs in the future – it may be that you lose your pension because you’re unable to work following your loss of sight, or alterations to your home are needed or even a new home, or you have to travel a lot for rehabilitation treatment.

How Can You Claim For Loss Of Sight?

If your loss of sight happened in an accident that wasn’t your fault, we will work hard to establish the cause and to confirm if you have a case to make a claim. We will then help you with your claim for compensation, ensuring you secure the compensation you deserve for your loss of sight.

You usually have 3 years from the date of the injury, if you’re aged 18 and older, to make a loss of sight claim. If you’re under 18 then the 3-year time limit starts from the date of your 18th birthday.

How We Can Help You With Your Loss Of Sight Claim

Bartletts personal injury solicitors have the legal knowledge and claims experience to help you make a successful compensation claim for your loss of sight.

We will work with you to ensure we fully understand the details of the accident that caused your eye injury and the cause – quickly establishing if someone else’s negligence led to your loss of sight. Our understanding of your loss of sight and the impact this has on your life will form the basis of your case, ensuring you receive the level of compensation you both deserve and need to cover any treatment or life changes now and in the future.

Furthermore, we will assist you at every stage of the process to make the experience as stress-free and straightforward as possible for you.

To discuss making a loss of sight claim with one of our solicitors, call FREE on 0800 988 3674  or via a Mobile 0333 200 4465 or complete a Free Online Enquiry and we will soon be in touch.

Gifting Property To Children

Gifting property to your children can be a great way to pass money onto loved ones and ensure they are provided for in the future. The process can come with the added benefit of reducing inheritance tax (IHT) implications or protecting the property from a sale at a later date to fund care home fees.

Conditional Gifts in wills Bartletts Solicitors ChesterHowever, gifting property to children needs to be carefully structured as the rules are complex and the benefits won’t automatically arise from giving away your assets.

What Should You Consider When Gifting Property To Children?

Inheritance Tax

The gifted property will only be exempt from IHT if the gift is made 7 years before you die. However, there are exceptions to this rule and HMRC won’t recognise the property as a true gift in some circumstances and will include it in your estate for IHT purposes.

Gifts With Reservation Of Benefit

To be considered a true gift, there needs to be no benefit from making the gift. If there are benefits, then HMRC will view the gift as a GROB (gift with reservation of benefit) and make it part of your estate for IHT calculations.

A key example of a GROB is when parents gift their home to their children but continue to live in the property. Transferring the legal ownership isn’t sufficient if the parents still benefit from the property by living there – it is not considered a true gift.

To be a true gift, the property needs to be transferred legally to the children and either vacated by the parents or the parents agree to pay the market rent.

Capital Gains Tax

If the property is the main home, there should be no capital gains tax to pay, but there will be CGT payable if the property is a second home or a rental property.

Stamp Duty Land Tax

If the gift is a true one, there will be no stamp duty land tax as no money would have changed hands. However, stamp duty is payable if there is a mortgage on the property or a price was paid for the property.

Care Home Fees

By gifting property to your children, you can ensure that it is not included in your estate as part of the assessment for care home fees. However, this is a complex area of law as the gift can be scrutinised by the local authority and still included in their assessment for care home fees, and needs to be handled carefully.

No Guarantees

You no longer own the property and might not have anywhere to live if your children decide you can’t stay in the property or to sell the property.

Bankruptcy

If your children are declared bankrupt after you gifted the property, you might lose the ability to live in the property as it could be sold as a result of the bankruptcy.

Divorce

If one of your children goes through divorce proceedings after you gifted the property, the property becomes an asset in the divorce settlement, and you might not be able to continue living in the property. You may also lose the ability to keep the house within the family depending on the outcome of the divorce proceedings.

Legally Binding

Unlike a Will which can be changed and updated according to your circumstances, a gift is binding, and you can’t reverse any gifts that you make.

Early Death

If your children die before you do, the gifted property becomes part of their estate and will pass according to their Will or the rules of intestacy. The property could pass to someone you don’t wish to benefit.

How We Can Help You With Gifting Property To Your Children

Our specialist Wills, probate and trusts solicitors have the expert knowledge and extensive experience of helping clients structure property gifts in the most effective way possible – one that results in the best possible benefits for their individual circumstances.

Estate planning is complex and we will help you to plan for your future, including gifting property to your children in the right way for your situation. By ensuring that you consider every aspect and implication of gifting property, you will be able to choose the best option for you and your loved ones when it comes to passing wealth on to loved ones.

To speak to us about gifting property to your children or any aspect of estate planning, please contact us on 01244 311 633 or email advice@bartletts.co.uk or complete a Free Online Enquiry and we will soon be in touch.

 

 

How Long Does It Take To Sell A House?

Selling a house is often an exciting time and almost always a stressful period, and the process depends on numerous factors which can slow down or speed up the transaction.

Bartletts Solicitors Residential conveyancing ChesterIn terms of how long it will take you to sell your house, it is difficult to say with certainty as every conveyancing transaction is different. As a guide though, the average time for the process of house selling, from the acceptance of an offer through to completion, is 6-15 weeks.

How Can You Speed Up Selling Your House?

Selling a house is an individual experience and every sale goes through at a different speed, depending on factors such as whether the buyers are cash buyers or in a chain.

However, an effective way to speed up the overall process is to start early – find a solicitor as soon as you decide you want to sell your house. By doing so, you’ll be able to complete all the necessary paperwork before you accept an offer, rather than delaying the process by doing the paperwork afterwards.

When it comes to finding a professional conveyancing solicitor, it’s a good idea to phone for a quote. You’ll be able to ask questions and understand what the service will be like as well as what the quote includes – more so than finding quotes online.

There is a lot of paperwork involved with selling a house, and Bartletts Solicitors are always happy to help, going though the paperwork with you in person or over the phone, whichever is easiest for you.

Once you’ve chosen your solicitor and completed your paperwork, let your estate agent know which solicitor you’ve instructed. This enables them to communicate effectively with the relevant parties on the sales particulars and improve the conveyancing process.

The Conveyancing Process

After you’ve completed and returned the sellers property information form, fittings and contents form and leasehold information form (for leasehold properties), your solicitor sends out a contract package to your buyer’s solicitor. This provides your buyer’s soliciotrs with the opportunity to check all the details and make sure they’re happy with the terms of the contract, title to the Property, information provided in the transactions forms, results of their searches and the terms of buyers mortgage offer.  Your solicitor liaises between your buyer’s solicitor and you, addressing any enquiries they have and responding to their solicitors accordingly. Your buyer’s solicitor then reports to the buyer, have the documents signed and arrange funds for the deposit.

Exchange

The exchange of contracts between your solicitor and your buyer’s solicitor makes the purchase legally binding. After this point, changing your mind about selling or buying the property comes with financial fines. A completion date is set.

Completion

The conveyancing process is finalised at completion – when the funds are transferred from your buyer’s solicitor and once received, your keys are handed over.

This is usually done by midday on the day of completion, so it’s a good idea to have vacated your house by then.

How We Can Help You With Your House Sale

Our specialist conveyancing solicitors are here to help if you’re selling your house. We can provide advice and act on your behalf as your solicitor to ensure the process is as straightforward and efficient as possible.

To speak to us about selling your house or to instruct one of our solicitors to act on your behalf, please contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

Alternatively, you can Make An Online Enquiry and one of our team will be in touch with you as soon as possible.

 

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