Personal injuries can happen at any time and anywhere, often when you least expect it. Even the smallest of injuries can have a knock-on effect on your work and personal life. When an injury happens because someone else did not take care, or have proper safety measures in place, then claiming compensation is one way to make them take notice and put things right.

When a young woman was injured on a night out, Bartletts specialist personal injury solicitors in Wrexham helped her claim compensation for personal injuries and compensation for loss of overtime earnings from the bar she was visiting.

The 20-year-old waitress was out enjoying an evening catching up with her friends in a local bar when she decided to step outside for a breath of fresh air. While she was waiting for her friends to join her, she leant against a door at the side of the bar, which turned out to be unsecured. She fell straight through the doorway and onto some concrete steps on the other side.

When she fell, the young woman put her hand out to break her fall and landed on it. She was naturally shocked and in a lot of pain in her wrist. Her friends took her to the accident and emergency department of the local hospital where she was examined. She had suffered soft tissue damage to her wrist and bruising all over.

When she came to see one of Bartletts personal injury solicitors in Wrexham, she was still in pain, with reduced mobility in her wrist and unable to work for extended lengths of time. Therefore, she was not able to do the usual amount of overtime and had reduced earnings as a result.

Our solicitors quickly established that the bar had not secured the side door properly and made a claim for personal injury compensation under their occupier’s liability. We also arranged for the young woman to attend some physiotherapy session to help her restore full function in her wrist. Bartletts successfully secured compensation for personal injuries, compensation for loss of overtime earnings and expenses for the physiotherapy sessions.

If you have suffered an accident or injury that wasn’t your fault get in touch with our dedicated personal injury team at our Chester City Centre office on Tel: 01244 405 399 or Wrexham office on Tel: 01978 360056 or Freephone 0800 988 3674 or email advice@bartletts.co.uk

A Lasting Power of Attorney (LPA) enables you to retain control by selecting someone or a group of people you trust to help you make decisions or to make decisions on your behalf, if you lose mental capacity at a later date.

Whether or not you choose to put in place a Power of Attorney is a personal decision, and not one that should be made lightly.

If you’ve decided to put in place a Power of Attorney, be sure to think everything through carefully and ensure you are happy with your chosen attorneys before going ahead.

5 Tips For Putting In Place A Power Of Attorney

1. Don’t Dwell On Age
   Setting up a Power of Attorney is as important as writing a Will, as no one knows what tomorrow will bring. It isn’t just older people who might need to have a LPA in place, as they’re more likely to suffer from a degenerative illness such as dementia. People of any age can suffer from a serious illness or accident that could lead to a loss of mental faculty, which is why it’s a good idea for all individuals to put in place a Power of Attorney. Furthermore, a Power of Attorney can also be used to nominate another person to make decisions on your behalf if you’re away from home abroad for a significant amount of time.
2. Find The Right Attorney
   Deciding who to give Power of Attorney to is a massive decision, and you can choose more than one person. You need someone you’re close to, who respects you and you trust to follow your wishes and to make decisions on your behalf and in your best interests.
3. Choose The Right LPA
   There are two different types of LPAs. You need a Health and Welfare LPA in place for your chosen attorney to make decisions about your care if you become mentally incapable; and attorneys can help you manage your finances if you’re infirm under a Property and Affairs LPA.
4. Add Guidance
   You can put guidance in a LPA, stating instructions and wishes you’d like your attorneys to follow. It’s important to remember that an attorney should always act in your best interests and that the Office of the Public Guardian (OPG) will simply delete any guidance from you that is unworkable.
5. Seek Professional Advice
   We’d always recommend you talk to a legal professional about setting up a Power of Attorney, as they are complex documents. It’s vital you know the rules beforehand on what attorneys can and can’t do, and that you understand the Mental Capacity Code of Practice which explains how decisions under a LPA should be made, before you select your attorneys.

How We Can Help

Our professional solicitors provide advice and support for clients putting in place Powers of Attorney or for those seeking initial guidance on the matter, as well as for those without a LPA in place when needed with applying to become a Deputy through the Court of Protection. We have the experience and empathetic approach to help you, whatever your personal situation.

LPAs are complicated, designed to ease the burden on loved ones should you lose mental capacity later in life, which is why it’s vital to get yours right. We can help you decide who should be your attorneys and make sure they’re correctly registered with the Office of the Public Guardian as well as help you to word any specific instructions for your LPA.

To speak to one of specialist solicitors regarding your situation and for help putting in place a Power of Attorney, please contact us on freephone 0800 988 3674 or Tel: 01244 311 633 or email advice@bartletts.co.uk

 

 

When couples decide to initiate divorce proceedings, emotions can run high and spouses naturally want to protect themselves financially for the future – however, financial disclosure is not only important but a legal court requirement in all divorce cases.

What Is Financial Disclosure?

Financial disclosure is the obligation on both spouses to provide full and honest details of their financial circumstances, including income, property, assets and pensions, to each other and to the court.

This means individuals cannot hide recent transactions, such as an inheritance or family gift, or any financial events that may happen in the near future, such as the sale of a business venture, or knowingly not provide the full financial facts to previous partners and the court in a bid to secure a better financial divorce settlement.

What Happens If You Think Your Ex Is Not Declaring All Their Finances?

Divorces can be bitterly contested and sometimes allegations of non-disclosure are made, and even of fraud, against spouses who have disclosed incomes and assets less than anticipated. In cases like these, proving your suspicions can be difficult as obtaining the evidence needed for the court is not always possible.

Supreme Court Guidance For Non-Disclose

In October 2015, the Supreme Court ruled in two family cases, Sharland v Sharland and Gohil v Gohil, that the husband in each case had deliberately withheld financial information which impacted on the divorce settlement. The existing Court Orders were put aside and the cases re-opened as a result of this ruling.

There is generally a zero-tolerance approach from Judges for non-disclosure in divorce cases, which means even if you’re unable at the time of your divorce to prove your spouse is withholding information or lying about their financial situation, you may be able to take action at a later date by asking the court to re-open your case if you find new evidence.

There can be grounds for re-negotiating settlements if the court finds the Court Order was based upon dishonest or non-disclosure at the time of the divorce – and the onus is then on the accused to show that non-disclose would not have made a difference to the settlement.

We Can Help You Through Your Divorce

If you’re going through a divorce and think your ex-spouse is not declaring all their finances, or you’re unhappy with your Court Order, our divorce lawyers are here to help. We have extensive experience of helping clients achieve the best possible outcome, including a fair financial settlement.

For legal advice and guidance regarding your divorce, please contact Bartletts Solicitors on freephone 0800 988 3674 or email advice@bartletts.co.uk

Self-employed beauty therapist wins compensation for loss of earnings

When you work for yourself, taking time off is not an easy option. If you are unable to work because of ill health your income and livelihood can be severely affected. For self-employed business owners such as mobile hairdressers and beauty therapists, you could face losing loyal clients with long-term implications for your revenue stream, unless you can find replacement staff.

That is why, if you are self-employed and injured in an accident that was not your fault, you need an experienced personal injury lawyer who fully understands the implications for you and your business.

Bartletts personal injury solicitors in Wrexham recently helped a self-employed mobile beauty therapist win a substantial amount of compensation after she was injured in a road traffic accident.

The 30-year-old lady was driving home from work when an uninsured driver pulled out from a side road, and hit the side of her car causing her to collide with parked vehicles.

She was taken to hospital and diagnosed with soft tissue injuries to her knee, wrist and neck. The level of her injuries severely restricted the movement in her hands and she was unable to perform in her role as a beauty therapist, so she had to employ someone else to take over her clients.

When she came to see one of Bartletts expert personal injury lawyers in Wrexham, we quickly arranged for the beauty therapist to receive physiotherapy to help her get back on the road to recovery.

As the other driver was uninsured, we successfully helped her make a claim for compensation for personal injuries and compensation for loss of earnings from the uninsured drivers unit of the Motor Insurers Bureau.

If you have suffered an injury in an accident that was not your fault get in touch with us today.

Call Chester 01244 405 399 or Wrexham 01978 360056 or email advice@bartletts.co.uk

Pensioner wins compensation for supermarket injury

When you go into a shop, the shop owners have a duty of care to ensure that you are safe while you are on the premises. If this duty of care is not properly exercised, including by any the employees of the shop or supermarket, then the owners can be held responsible.

This was the case for an 80-year-old pensioner who came to see Bartletts personal injury solicitors in Wrexham after being injured in his local supermarket.

He was shopping in his local supermarket, and reached up to take an item from a shelf. The goods on the shelves were over stacked, so when he pulled one item off the shelf, the rest of the items fell onto him. The elderly gentleman fell backwards and hit his head on the shelf behind him.

The supermarket called an ambulance and he was taken to the accident and emergency department of the local hospital, where he was examined and had an x-ray. He had suffered soft tissue injuries and continued to suffer significant pain in his ribs, back and head.

The elderly gentleman was very shaken up following the accident and lost confidence. He required care and assistance from family members following the accident that he did not require before and he needed help with transport as he did not feel able to drive.

He was offered physiotherapy by the supermarket’s insurance company but he opted not to take it as he wanted to resolve the matter quickly due to his age and deteriorating health.

Bartletts Solicitors were his top choice of personal injury lawyers in Wrexham. We quickly helped him make a personal injury claim from the supermarket and their insurers.

The supermarket admitted their responsibility and we successfully negotiated a good amount of compensation for personal injuries, including recovering an amount to represent the care and assistance he had received from his family and extra costs of travelling expenses.

If you have suffered an injury in an accident that was not your fault get in touch with us today.

Call Chester 01244 405 399 or Wrexham 01978 360056 or email advice@bartletts.co.uk

With property prices increasing, saving up for the necessary deposit for a first home is getting harder and harder for young people – which is why more and more young are turning to the so-called bank of Mum and Dad. However, there are lots of issues that should be carefully considered before going ahead, either as the parent lender or the child receiving the money.

What Is The Bank Of Mum And Dad?

The bank of Mum and Dad refers to the increasingly common phenomenon of parents helping their children to buy their first home.

While it’s only natural for parents to want to help their children, and enable them to get on the property ladder as prices are so high and young people can be priced out of the market otherwise, it’s important to consider all the implications first.

Rhiannon Edwards, Residential Conveyancing Solicitor at Bartletts Solicitors, comments: “An estimated quarter of parents now provide the deposit for their child’s first home, and this high proportion is certainly the case with our clients. Most parents plan extensively before deciding to be the bank for their child’s first home, but not all do – and it’s so important to seek professional legal advice before handing over the money as parents or receiving the money as the child.”

3 Top Tips For Bank Of Mum And Dad Use

If you decide to be the bank of Mum and Dad for your child’s first home purchase or to use the bank of Mum and Dad to buy your own place, make sure you decide how this is done and think of any implications first.

1. As a Gift
   If you decide to gift the money to your child, it’s important to be aware that there will be inheritance tax to pay on this amount if you die within 7 years of making the gift, and that you and your child understand this. Also, you need to decide on the details of the gift, for example, is it purely for your child or is it for your child and partner? And if it’s for both, what happens if their relationship breaks down?
2. As a Loan
   If you decide to loan the money to your child, put an agreement in place beforehand to avoid any confusion and prevent any heartache at a later date. With a formal agreement, everyone knows what the terms of the loan are, including if any interest is to be paid and how/when the loan is to be repaid, from the start. It’s also important to consider different scenarios and make allowances for these within the agreement, for example, what happens if you need to ask for the money back at any point? This may be because your spouse dies and you need the money or you simply want it back so you can help your other children with their first property purchase.
3. As a Gift or a Loan
   However you decide to help your child, make sure you consider the implications on your own financial planning and tax status first. Furthermore, you need to declare the gift or loan to the mortgage company straightaway and make sure they’re happy with the bank of Mum and Dad providing the funds.

We Can Help You With Bank Of Mum And Dad Use

If you’re thinking of helping your child to get on the property ladder or you’re considering using your parents for financial help with your first house purchase, you should seek professional legal advice beforehand.

There are multiple legal implications when it comes to buying property, especially when the purchase is funded by the bank of Mum and Dad. At Bartletts Solicitors, we have the experience and knowledge of every aspect of the conveyancing process and can advise you on your personal situation and the effects of your decision on everyone, either as a parent lender or a child receiving the money.

For legal advice and guidance regarding the so-called bank of Mum and Dad, please contact our conveyancing team on Tel: 01244 311 633 or freephone 0800 988 3674 or email advice@bartletts.co.uk

 

It was another successful year for the Bartletts Farndon 10k race organised by Cute Fruit Events on Sunday 15 October 2017 and we were very proud to be race sponsors for another year.

This year the race was race 7 of the Cheshire Grand Prix Road Race series and it was a sell out.  The race saw prizes of £100.00 for 1st, £50.00 for 2nd & £25.00 for 3rd Open male and female. Prizes for 1st place in Vet Categories. Team prize for 1st Male and Female Teams.

Bartletts Solicitors entered a team and we hope you enjoy the photos and video from the day.

When a cleaning lady was injured by her mop at work, Bartletts Solicitors in Wrexham helped her win the compensation she deserved.

The 21-year-old cleaner was mopping the floor when the mop handle snapped in her hand. Her hand was cut by the broken mop end, leaving her with a deep laceration and bleeding.

She went to the accident and emergency department of her local hospital to have her wound treated. She received stitches to her hand and was in a considerable amount of pain. She was unable to clench her fist for some time after the accident, and was unable to work for some time. After the wound had healed, the lady was left with permanent scarring on her hand and needed a course of physiotherapy to help her regain mobility.

Accidents at work can happen for a variety of reasons but when an accident happens because your equipment lets you down, no matter how small, you will need to establish who is responsible.

Employers have a duty of care to ensure equipment that is provided at work is of a satisfactory standard. This applies wherever you are working, even if you are working remotely.

Our expert personal injury lawyer in Wrexham established that the cleaning lady was covered by her employer’s liability insurance, and quickly helped her secure her claim for compensation. As part of the personal injury settlement, we successfully negotiated compensation for loss of earnings, psychological effects, and medication.

For impartial legal advice regarding your personal injury, please contact Bartletts Solicitors on Freephone 0800 988 3674 or Chester – 01244 405 399 or from a mobile on 0333 200 4465  or email advice@bartletts.co.uk

 

When a car collision left an elderly gentleman with whiplash injuries, Bartletts specialist personal injury solicitors in Wrexham helped him win compensation.

The 70-year-old gentleman came to see one of our expert personal injury solicitors after his stationary car was struck by another vehicle. The gentleman was sat in the driving seat of his car, parked in a car park, when another car reversed into the back of his car.

The gentleman was thrown forward in his car by the force of the shunt. An ambulance was called to the scene and he was taken to the accident and emergency department of the local hospital. He was diagnosed with soft tissue injuries to his neck and back, and suffering from whiplash.

When the gentleman came to see Bartletts following the accident, he was still in a lot of pain. We arranged for him to get a full medical and he was prescribed a course of physiotherapy to help him regain the mobility had lost because of the accident. He was also suffering from post-traumatic stress disorder and severe travel anxiety for which we helped him get cognitive behavioural therapy.

Bartletts quickly helped the retired gentleman claim compensation for his personal injuries from the other car driver’s insurance company. He also secured compensation for psychological effects of the accident as well as recovering the costs of physiotherapy and cognitive behavioural therapy.

If you have suffered an injury in an accident that was not your fault get in touch with us today.

Call Chester 01244 405 399 or Wrexham 01978 360056 or email advice@bartletts.co.uk

If you are considering giving your home or another significant asset away, make sure you receive impartial advice about both the advantages and risks before doing so. Some individuals may receive advice from non-solicitor advice services but unfortunately those services often provide improper advice about the gifting of assets, claiming to avoid Inheritance Tax or care fees. These services also tend to charge significant fees but sadly the schemes involved very often turn out to be ineffective.

“I regularly see a number of clients who are keen to give assets away to mitigate their Inheritance Tax position or to protect their estates from care home fees in the future but unfortunately they are not aware of all of the risks involved. My duty is to explain both the disadvantages as well as the benefits, but no professional should advise a client whether or not to give away an asset; it is for the client to reach their own decision, having considered all of the pros and cons involved and having taken into account their own personal circumstances.” says Nina Sperring, solicitor at the Chester law firm.

Some of the advantages of gifting assets

• The share in the asset that you no longer own may not be taken into account if you have to undergo means testing for benefits or publicly funded services such as care fees
• It may provide you with reassurance for the future – knowing that the beneficiary has already been provided for.
• It may make matters easier when it comes to administering your estate when you pass away.

Some of the risks of gifting assets

The Law as well as Governmental Rules regularly change however some of the risks involved at this moment in time are:

• There may be tax implications if your property is sold for more than it is worth at the time the gift is made. Furthermore, if an asset has been gifted and you continue to retain a benefit (for example if you continue to live in your home after it has been given away) then this could be treated as a Gift With a Reservation for Inheritance Tax purposes. The Government also introduced an additional tax in 2004, which seeks to catch schemes that previously escaped the Gift With a Reservation rules. This is known as ‘Pre-owned Asset Tax” and has the effect of charging income tax on assets where the individual continues to enjoy/occupy the same.
• The full value of the gifted asset could still be taken into account for funding long term care as there are anti-avoidance measures in relation to means testing. The anti-avoidance framework states that if you transfer assets, such as your home, into someone else’s name in order to deliberately avoid Care fees then the Local Authority can treat the value of the asset as part of your capital when they are means testing.
• If you move into a home but do not have the financial resources to pay for your care because of the gift of property then the Local Authority may only pay for the basic level of care which would no doubt leave you in a position where you would need the financial support of others. You should normally be sure that you have sufficient liquid assets available to fund your care to ensure that you do not suffer any hardship as a result of transferring your property.

It is therefore important that if you are considering giving assets away that you seek professional advice from a solicitor so that you are fully informed of all of the risks and advantages involved.  By using a solicitor you could save your estate and beneficiaries a great deal of potential difficulty in the future.

For more information or for professional legal advice, contact our solicitors on 0800 988 3674 or email advice@bartletts.co.uk