Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

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What is the Court Of Protection and Lasting Power Of Attorney?

Both Court of Protection and Lasting Power of Attorney are applied in situations where a person doesn’t have the mental capacity to make their own decisions – however, the difference between the two lies in their assignment.

If you have the mental capacity to choose a person to manage your personal affairs, you would do so using a Lasting Power of Attorney. However, if you have lost your capacity to make decisions for yourself then you would need to apply to the Court of Protection in order that a decision can be made for you.

Court Of Protection

The Court of Protection exists to make a decision about someone’s financial and/or welfare matters for individuals who don’t have the mental capacity to make these decisions for themselves, for example, this often happens if a person develops dementia.

An order can also be made for a chosen individual, a deputy, to make ongoing decisions for a person using a Property and Affairs Deputyship Order or a Health and Welfare Deputyship Order.

Usually, the appointed deputy is a family member but deputies can also be friends or neighbours or a professional such as solicitor or accountant – as long as the individual acts in the person’s best interests and is able and willing to make the decisions.

An application to the Court can be made if ever there is a disagreement between the health care providers and the deputy, and a judge will make the decision in the person’s best interests.

Who Can Be A Deputy?

The Court has certain requirements potential deputies need to meet in order to be appointed as a deputy to make financial and/or welfare decisions on the person’s behalf.

Court requirements include:

  • Being aged 18+
  • Either a close family member or friend, or suitable professional
  • Being able to demonstrate suitability to make financial decisions and declare what assets that person has
  • A medical certificate that certifies the person doesn’t have mental capacity to manage their own affairs or make a particular decision
  • You can instruct a solicitor to make the appointment of deputy on your behalf and ask for these costs to be paid from the person’s assets

The appointment fee is £365 plus an annual supervision fee to the Office of the Public Guardian that supervises deputies.

Lasting Power Of Attorney

A Lasting Power of Attorney (LPA) enables you to plan for the future by appointing someone to act on your behalf should you no longer be able to.

There are two types of LPA – one for health and welfare decisions, and one for property and financial affairs. A person can choose the same attorney for each LPA or both.

With the Property and Financial Affairs LPA, the individual can decide for the attorney to make decisions on their behalf straightaway and before they lose mental capacity. This provides more flexibility as the attorney can begin to act on their behalf while the person is still of sound mind.

Usually, there is no Court of Protection involvement. However, if something arises outside the scope of the LPA or if problems arise, then the Court can make decisions instead on behalf of the person and even appoint a deputy if needed.

Deputy Or Attorney?

While the appointed deputy and chosen attorney are similar in that they both make decisions on behalf of the individual, the deputy is chosen by the Court when the person has lost mental capacity whereas the attorney is chosen by the person when he/she has full mental capacity.

With an attorney, you are in control as you choose who will be your attorney and make decisions on your behalf when needed. You also have the support from the attorney sooner rather than later as a Property and Financial Affairs LPA can be used straightaway if the individual so wishes.

An LPA is quicker, easier and less costly to set up than appointing a deputy via the Court of Protection.

However, there are more legal safeguards in place with deputyships as the Court of Protection is involved in making sure the appointed deputy is making the right decisions that are in the best interests of the person. The Office of Public Guardian reviews the deputy’s decisions every year, which is why there is an initial cost as well as ongoing costs where a deputy is appointed.

It’s important you speak to a solicitor to find out more about the options before making a decision, to find the right solution for you.

How We Can Help You With Your Deputy Or Attorney Needs

Our solicitors are here to help with any legal needs you have with regard to the appointment of or potential issue with a deputyship or attorney, and will take the time to understand your circumstances and wishes fully in order to provide you with personalised advice and support.

We can assist with the application to be a deputy or the creation of an LPA, as well as assist with any disputes with appointed deputies or attorneys.

Furthermore, our thorough knowledge of this complex area of law means we can advise you on the pros and cons of deputyship and LPAs to help you realise which route is right for you.

To speak to one of our specialist solicitors about the Court of Protection or LPAs, or for assistance with becoming a deputy or appointing an attorney, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

 

Bartletts Solicitors in Wrexham Help Cleaner Claim Compensation For Back Injury

A local cleaner has been awarded compensation for her injured back after making a claim with the help of Personal Injury Solicitor Owain Dodd at Bartletts Wrexham.

The 61-year-old cleaner injured her back after being asked by the head teacher of the school she was working at to move heavy chairs.

She suffered back pain as a result of her injury and needed physiotherapy and rest following the accident.

Fortunately, the cleaner contacted Owain Dodd at Bartletts Wrexham who was able to prove her back injury occurred whilst she was moving the heavy chairs at work and that it was this movement that hurt her back. He then made a claim on her behalf for the pain and suffering.

The opponent’s insurance company paid for the physiotherapy sessions to help with her recovery – quite often, rehabilitation is more important than compensation.

In total, she was awarded £2,500 for the back pain she suffered.

Our specialist solicitors at Bartletts Wrexham have handled a range of accident at work claims and work hard to secure the compensation every employee deserves. We’re here to help if you’ve been injured in an accident in the workplace through no fault of your own, and will make a claim on your behalf to assist with your recovery and to gain compensation.

If you would like to speak to one of our specialist personal injury solicitors , contact us on 0800 988 3674 or Telephone our Chester office on: 01244 405 399 or our Wrexham office on: 01978 360056 or email advice@bartletts.co.uk

 

 

 

Do I need to give my landlord notice of a housing disrepair claim?

Your landlord has a legal duty to ensure the property you live in is in a good condition, structurally sound and with a comfortable interior – if this has not been your experience then it is vital you give your landlord notice of the disrepair at the time, in case you want to make a housing disrepair claim at a later date.

Notice Of Disrepair

Any disrepair issue with your rented home must be brought to the attention of your landlord and then a reasonable amount of time allowed for your landlord to make the repairs.

If your landlord has had both notice of the disrepair and a realistic amount of time to carry out repairs but has failed to rectify the issue, then you will likely be able to make a claim for housing disrepair compensation.

Why Does Notice Matter?

Without notice, your landlord could simply agree to carry out the necessary repairs but not compensate you for the discomfort, inconvenience and upset the disrepair has caused you whilst you’ve lived at the property.

How Should You Give Notice?

When you give notice of disrepair to your landlord, keep in mind that you’ll need evidence of notice if you decide to make a housing disrepair claim later on.

Telling your landlord about the issue over the phone can be hard to prove if your landlord doesn’t keep a record of this conversation or denies it happened.

Always give notice in writing – via email is best as this will give you a written record of the date and time and details of the complaint.

Do You Need To Report All Disrepair?

Ideally, yes – telling your landlord about every housing disrepair means you can prove ample notice was given and he or she failed to take action.

However, there is no need to report any disrepair issues to the exterior of the property – as your landlord does not need to enter the property to discover this disrepair, no notice is required. Although if the external issue is affecting something on the inside of the property, you should report the disrepair.

If your landlord inspects your property and the disrepair is visible to the naked eye then this is considered as constructive notice. However, this is risky as your landlord may deny the issue was visible and state that notice hadn’t in fact been given.

Therefore, it is advisable to always have a written record of giving your landlord notice of disrepair as this will prove essential evidence should you decide to make a claim at a later date.

How We Can Help You With Housing Disrepair Claims

We have a team of professional, friendly property solicitors who are experienced at handling a range of housing disrepair claims and ensuring clients experience a stress-free claims process and the maximum compensation they’re entitled to.

Compensation is calculated based on a number of different factors, including the time from the date a reasonable landlord could have carried out the repairs after receiving notice – so it’s important to remember to always give your landlord written notice of the disrepair in your home.

We will assist you at every stage of the claims process and ensure you receive compensation for the distress, damage and inconvenience caused by the housing disrepair.

To speak to one of our specialist solicitors about housing disrepair, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

What is a No Fault Divorce & When Do they start?

It has been confirmed that married couples wishing to divorce will be allowed to do so without assigning blame, from 6th April 2022 – when the Divorce, Dissolution and Separation Act 2020 comes into force.

Ministers have confirmed the date of 6th April next year as the day the divorce process update will begin.

No Fault Divorce

Originally, the start date for the so-called no-fault divorce was Spring 2020 but the delay was necessary to allow for the IT changes to be made to HM Courts and Tribunals’ Service (HMCTS) online divorce systems.

This new aspect to divorce law follows 30 years of campaigning for this change and it is hoped the divorce process will be less damaging as a result.

What Is No Fault Divorce?

Thanks to the Act, couples will be able to divorce more amicably and without the need to apportion blame on one party.

Partners will be allowed to petition for a divorce jointly on the basis that the marriage has broken down rather than having to state a specific reason for the divorce.

Current Divorce Law

At the moment, couples have to state one of five grounds for divorce, which are:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • 2 years separation with consent
  • 5 years separation without consent

A Welcome Change To Divorce Law

The no-fault divorce means couples can divorce in a more civilised way than currently allowed, which is particularly beneficial for the welfare of any children who are involved.

There should be a big change in how divorce is viewed as there will no longer be the need to state that one party has behaved unreasonably during the marriage and this is the reason for wanting a divorce.

No-fault divorce also removes the option to contest a divorce and enables couples to make a joint application for divorce. However, there is a minimum timeframe for no-fault divorce which removes the option of a quick divorce which many thought would be available still.

The changes will also apply to the ending of civil partnerships.

The no-fault divorce is undoubtedly a positive and modern step for divorce law and the divorce process for divorcing couples.

How We Can Help You With No Fault Divorce

Our family solicitors have the experience and sensitive approach to help individuals through the often-difficult process of divorce, using their understanding and knowledge of the law and individual client circumstances to make the process as straightforward and stress-free as possible.

We are here to help you at every step and provide a free initial consultation to discuss your ideal outcomes from a divorce – whether you choose to divorce under current divorce law or to do so after 6th April when you can apply for a no-fault divorce.

To speak to one of our specialist solicitors for advice or to find out more about no-fault divorce, contact us on 01244 311 633 or email advice@bartletts.co.uk

Can I Claim Compensation For An Accident On A Construction Site?

Construction sites are among the most dangerous places to work, and construction workers are three-times more likely to be killed or seriously injured whilst at work compared to employees working in other sectors – which is why it’s important to know your rights if you’ve been injured in a construction site accident that wasn’t your fault.

There is a high risk of injury on a construction site, and all health and safety measures must be implemented and complied with to ensure the safety of everyone on site. It is the responsibility of the site owner or your employer or an individual who has a legal obligation, to ensure your safety during your working day on a construction site.

If you or a loved one have been injured in an accident at work that was caused by the responsible person’s negligence, you may be entitled to make a claim for compensation.

What Are The Common Construction Site Accidents & Injuries?

Unfortunately, given the dangerous nature of construction sites, accidents and injuries happen often.

The type of construction site accidents varies widely but often includes:

  • Falling objects
  • Slips and trips
  • Chemical exposure
  • Falls from height
  • Excavation site collapse
  • Faulty equipment
  • Safety belt or harness failure
  • Electrocution
  • Forklift or dumper or excavator truck collision

The resulting injuries range from the minor to the life-changing, and include:

  • Head injuries
  • Broken bones
  • Spinal damage
  • Loss of limbs
  • Nerve damage
  • Burns
  • Internal organ damage
  • Sight and hearing loss
  • Psychological trauma

Sometimes, an accident triggers an illness or disease. Work-related illnesses include:

  • Occupational cancer
  • Occupational asthma
  • Occupational deafness
  • Organ failure
  • Heart disease
  • Hand arm vibration syndrome

What Can You Claim Compensation For?

You can claim compensation for the physical pain and suffering as well as for any psychological harm you’ve experienced.

Furthermore, you can claim for any accident-related expenses and any financial loss you’ve incurred, including:

  • Travel for hospital appointments
  • Prescription costs
  • Loss of earnings
  • Loss of job benefits
  • Cost of home or vehicle alterations
  • Physiotherapy costs

The amount of compensation you can claim for depends on the circumstances of your construction accident and resulting personal injuries, and whether there are any long-term consequences of your injuries.

When Do You Have To Make A Claim?

You need to make your compensation claim within 3 years of the date of your injury or within 3 years of realising an injury had occurred.

However, there are exceptions to this rule if you are making a claim on behalf of someone else:

  • If the person suffered the injury when they were under the age of 18, you can make a claim on their behalf up until they turn 21
  • If the person’s injury caused them to become mentally incapacitated, there is no time limit for you to make a claim on their behalf
  • If the person’s injury resulted in their death, you have 3 years from the date of their death to make a claim on their behalf

How Can You Make A Claim?

To make a construction site injury claim, you need to show that the responsible person on site failed to do all that could reasonably be expected of them to do to protect the injured person and keep them safe.

Every case is different but as a guide, an employer or site owner responsible for the health and safety of a construction site can reasonably be expected to implement and comply with a wide range of safety measures, including:

  • Regular checks of plant, machinery, tools and equipment used on site
  • Personal protective equipment to be issued as required
  • Compliance with health and safety regulatory requirements
  • Staff training on all site systems
  • Safety fences installed around scaffolding

You need to prove negligence on behalf of your employer or the person responsible for the construction site – and that this negligence caused your accident and resulting personal injuries.

How Long Does It Take To Make A Claim?

The length of a compensation claim depends on whether the accused party admits negligence or not. If they agree to being responsible for your injuries and to your compensation calculation, the claims process will be faster.

Sometimes, construction site injury claims are resolved within a few months and outside of court whereas other cases are slower and require court appearances.

However long your compensation claim takes, we will support you throughout. For your peace of mind, we can also help you to secure an interim payment on your compensation where liability is admitted, so you don’t have to worry about the financial consequences of your injuries and can focus on recovery.

How We Can Help You With Your Construction Site Injury Claim

Our construction law specialists are here to help you at every stage of the claims process. We will advise you on your rights to claim compensation and the level of compensation you may be entitled to, as this differs depending on the circumstances of your accident and whether you were on site at the time as an employee, self-employed labourer, or agency worker.

If the accident on a construction site resulted in death, we can support you with making a fatal accident claim. We are also able to help you to make a claim on behalf of someone under the age of 18 or someone who has lost mental capacity as a result of their injury.

We will use our thorough knowledge of construction law to assist you with your claim, and to ensure you receive the compensation you deserve – and help you to make a successful claim in the most straightforward and stress-free way possible.

To speak to one of our specialist solicitors about making a construction site injury claim, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

 

Bartletts Wrexham Helps Young Plumber Win Compensation Following Building Site Accident

A young plumber who suffered neck and shoulder pain following an accident on a building site has been awarded compensation after making a claim with the help of Owain Dodd, Personal Injury Solicitor at the Wrexham office of Bartletts Solicitors.

Owain and his colleagues at Bartletts Wrexham worked on this case to help the 22-year-old local plumber secure compensation for his injury, psychological harm and loss of earnings, following the accident whilst at work on a building site.

The young plumber was working on a building site when someone dropped a heavy tool from the scaffolding above, which fell and hit him on his head and shoulder.

He suffered shoulder and neck pain, and has experienced psychological effects when on building sites or near scaffolding since the accident.

Thankfully he was wearing a hard hat at the time or his injuries would have been far more severe.

The plumber got in touch with the dedicated personal injury team at Bartletts Wrexham and explained his accident at work to Owain Dodd who made a claim on his behalf for the 4-weeks rest he needed to have off work to enable his neck and shoulder to improve, and for his cognitive behavioural therapy for the psychological injury he suffered.

In total, he was awarded £5,600 in compensation for his injury, cognitive behavioural therapy, and loss of earnings.

Bartletts Wrexham always works hard to secure compensation for individuals who’ve suffered an injury because of an accident at work. Employers have a duty of care to keep staff safe whilst at work and if you’ve been hurt as a result of an accident that wasn’t your fault, our specialist solicitors will help you make a claim for the compensation you deserve.

If you would like to speak to one of our specialist personal injury solicitors , contact us on 0800 988 3674 or Telephone our Chester office on: 01244 405 399 or our Wrexham office on: 01978 360056 or email advice@bartletts.co.uk

 

Will Using A Dash Cam In Your Car Help With An Accident Claim?

In the unfortunate event you’re involved in a road traffic accident, it’s important to establish who was at fault – something that isn’t always easy without the video footage a dash cam could provide.

For straightforward cases where one or other of the drivers admits liability, you often don’t even need a witness to support your innocence. However, in situations where liability is disputed and there is no witness, you will need to provide further evidence that the car accident wasn’t your fault as, ultimately, it is just your word against the other driver’s.

When this happens, the insurers of the vehicles may suggest each driver split the blame as there is no concrete evidence of liability, which is understandably unsatisfying for the innocent party – and in cases like these, having a dash cam could provide the evidence you need to support your car accident claim.

What Is A Dash Cam?

A dash cam is a compact camera that fastens to your front windscreen and films all that happens in the road ahead when you drive.

As a dash cam records the sights and sounds of the road, including how fast vehicles are travelling, it can quickly show what happened if you’re unfortunate enough to be involved in an accident.

It is for this reason that dash cams are beginning to play a key role in road accident claims.

What Are The Benefits Of A Dash Cam?

The benefits of having a dash cam and the video footage they could provide if you’re involved in an accident or witness an accident, include:

  • Assisting with a road accident claim by confirming the cause
  • Capturing images of the vehicle at fault in a hit-and-run accident
  • Proving a driver was not using a mobile phone whilst driving
  • Achieving a discount in insurance premiums as some firms are offering this if a dash cam is installed in your vehicle
  • Protecting drivers who are victims of fraudulent claims by so-called crash-for-cash drivers

What Happens If Your Dash Cam Records An Accident?

If your dash cam records an accident you’re involved in, have a look at the footage and keep it for evidence – your insurance company and solicitors will want to see this.

If your dash cam records an accident involving other vehicles, you should offer your details to the drivers at the scene and upload the footage to a police portal afterwards so it can be used as evidence if a car accident claim is made by one or other party.

How We Can Help You Make A Car Accident Claim

Our specialist car accident solicitors have the experience to help with a range of road traffic claims, and will support you throughout the process if you decide to make a claim.

Once we understand the full details of your accident, we will be able to advise you on what evidence you need to provide in order to reinforce your claim. Working closely with you and assisting with your claim, we will ensure you achieve the best possible outcome.

To speak to one of our specialist solicitors about making a road accident claim, contact us on 0800 988 3674 or at our Chester office on 01244 405 399 or our Wrexham office on 01978 360056 or email advice@bartletts.co.uk

 

 

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