When you go into a shop, the owner is responsible for ensuring that you are reasonably safe while you are on the premises.  If safety regulations are ignored and an accident happens, you could be able to make a claim for compensation against the shop owner.  Bartletts expert personal injury solicitors in Wrexham recently won compensation for an injured child who was badly injured when she trapped her finger in a shop door.

The girl, aged seven, was shopping with her family when a shop door closed onto her finger.  The door was very heavy, with a self-closing mechanism which caused it to close suddenly, with great force, onto the girl’s finger.

The child suffered a severe injury to her index finger, causing the tip to be sliced off.  She was rushed to hospital where she had surgery to the finger and the wound was dressed.  The girl was left with cosmetic damage and ongoing numbness at the end of her finger.

As children under 18 cannot make a legal claim in their own right, an adult, usually a parent or guardian, has to make the claim on their behalf.  Bartletts expert personal injury solicitors were able to establish a claim against the shop, as there had previously been a similar accident, of which the occupiers were on notice, yet they had failed to address the issue.  Our solicitors successfully helped the girl’s parents win compensation for personal injuries on behalf of a child.

If you have had an accident or suffered an injury that wasn’t your fault get in touch with our specialist personal injury solicitors in Chester and Wrexham

Bartletts specialist personal injury solicitors in Wrexham recently helped an elderly gentleman who tripped over in a department store make a claim for compensation for personal injuries against the store.

The 75-year-old man was shopping in his local department store when he tripped over a stock trolley which a staff member had left in the aisle.  The member of staff was replacing stock on the shelves but had neglected to ensure the trolley was in a safe place, instead leaving it dangerously hidden around a corner.

Unfortunately, the gentleman did not spot the trolley until it was too late and tripped over it, falling to the floor.  The man injured his wrist in the fall and was left with bad bruising to his face.  He was taken to hospital where his wrist was x-rayed and he was administered pain relief.

By the time the gentleman came to see our expert personal injury solicitors in Wrexham, the damage to his wrist and face had settled, with no permanent or ongoing damage.

As the department store staff had not followed health and safety regulations, and this had led to the gentleman’s injury, our lawyer helped the pensioner make a claim against the store for compensation for personal injuries and compensation for care and assistance.

Bartletts personal injury solicitors in Chester recently helped an elderly lady secure compensation for personal injuries after she was thrown into a metal bar on a single decker bus.

Many accidents happen on buses in the UK that do not involve any other vehicles.  In these cases, the bus itself receives no damage, but passengers can still suffer serious injuries, particularly if drivers do not ensure all passengers are safe before setting off.

This was the case for one 83-year-old lady who was making a journey on a single decker bus.  The woman had just got onto the bus and decided to take a seat on the sideways facing folding seat behind the driver.  As she went to sit down, the driver suddenly pulled away, throwing the woman forwards.  She struck the left side of her forehead on the metal bar adjacent to the wheelchair area, smashing her glasses, then fell into the aisle of the bus.

The lady, who was in considerable pain and shock, was taken to the local hospital for treatment.  She suffered contusions, swelling and bruising to her forehead, across the bridge of her nose and beneath her eyes, as well as pain in her right shoulder, neck and mid-back.  The accident also exacerbated her pre-existing lower back pain, caused severe headaches and a reduced sleep pattern.

When the lady came to see one of our specialist personal injury lawyers in Chester, she was still experiencing back pain.  The lady needed to have a course of injections into her lower back to help ease the ongoing pain.  She was also suffering from flashbacks relating to the incident and had since become anxious about going on a bus for fear of similar accidents occurring.

Our solicitors worked hard to establish a claim for compensation from the bus company’s insurance provider.  We were able to secure the woman significant compensation for personal injuries, compensation for care and assistance, and we even recovered the cost of a new pair of glasses.

When you are operating machinery at work, it is the responsibility of your employer to ensure that you have had all necessary training and all health and safety procedures are followed correctly. When an employer cuts corners and ignores training regulations, an accident at work can be waiting to happen.  This was the case for one man who came to see Bartletts specialist personal injury solicitors in Chester.

The 40-year-old man worked in a factory making products for a food company. He was working on a machine which is used to cook products along with another operator.  When his colleague went on his break, the man continued working but a fault meant that the machine stopped dispensing products.

A supervisor came to check the machinery and diagnosed a blockage and ordered the operator to strip down the machine.  However, the operator had not been trained to do this task while the machine was still running. The supervisor explained the process and loosened a bolt on the machine with his spanner, causing hot, pressurised product from the machine to come shooting out of the machine.

The food product, which was at a temperature of 85°C, went all over the back of the operator’s hands and forearms causing him severe burns with blistering, pain and swelling. Luckily, the man was wearing a long coat, a snood to cover his beard, an apron and a helmet with a visor, which protected his face and body. The man was taken to hospital where his burns were treated with cold wraps and was administered pain relief.

When the man came to see our expert personal injury solicitors in Chester, he had been left with significantly scarred skin on his hands and arms. He was also suffering from a reduced sleep pattern due to the pain of the burns and had developed anxiety about similar accidents happening, which made it difficult for him when working around machinery. As our lawyers are always looking to go the extra mile for our clients, we looked into getting a camouflage expert to cover the scarring, but as the scarring was healing well on its own, it was not necessary.

Our solicitors established that the man’s employers were liable for the accident as they provided insufficient training, and successfully claimed against them for compensation for personal injuries.

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.

“…Throughout the process your professional guidance was impeccable leading to a successful conclusion. I would have no hesitation in recommending you & your company and am very happy to provide you with a testimonial for any prospective new clients. Thank you once again.” – Mr PM

If you live in rented accommodation, your landlord has a duty of care and is responsible for ensuring that the property, as well as any outbuildings or garden, is safe.  Bartletts expert personal injury solicitors in Chester recently won compensation for personal injuries from a landlord, on behalf of a child who was seriously injured when playing in the back garden of his rented home.

The boy, age four, was living with his parents in rented accommodation when the accident occurred.  He had been playing in the back garden near a shed with a glass door.  The boy pulled the door of the shed and the glass shattered onto him, piercing his chest.

The child suffered a deep laceration to his chest caused by a piece of broken glass from the shed door.  He was rushed to hospital where he received emergency surgery to remove the glass and treat the wound.  The boy was left with permanent scarring on his chest.

As well as the severe physical injuries, the trauma of the accident also had a psychological effect on the child.  He needed a course of cognitive behavioural therapy treatment in order to fully recover.

As children under 18 cannot make a legal claim, an adult, usually a parent, has to make the claim on their behalf.  Bartletts expert personal injury solicitors helped the boy’s parents make a claim against their landlord and win compensation for personal injuries on behalf of a child.

Buying a house is one of the most exciting things you’ll do in life – but also one of the most daunting, especially when it’s your first purchase. Moving home is undeniably stressful but with some careful planning and the professional help of a conveyancing solicitor, the stress can be kept to a minimum.

Conveyancing is the legal process of transferring the ownership of land or property from the seller to the buyer, and conveyancing solicitors are the legal experts who make sure this all happens smoothly. From the moment your offer is accepted through to the contracts being signed and your money transferred to complete the purchase, your conveyancing solicitor works closely with you to ensure you have thought of everything and the property has no nasty surprises.

What Does A Conveyancing solicitor Do?

Your conveyancing solicitor is responsible for checking that the property meets your expectations. This includes checking the title to Property to ensure it is not defective, that the  Property has the benefits of necessary rights for its full use and enjoyment and it is not subject to onerous reservations and restrictions.  To carry out necessary searches and making appropriate enquiries to establish that the Property has all the necessary planning permissions for your proposed use, whether there are any restrictive covenants on the property.  To  establish that the seller is legally entitled to sell the property, whether there are any financial obligations on the property and checking important matters such as boundaries and boundary responsibility.

It’s important you are happy with your conveyancing solicitor so take the time to choose the right one for you.

Top 5 Tips For First Time Buyers

1. You Matter

Whilst your conveyancing solicitor deals with all the important legal matters involved in the purchase of property, you are responsible for thinking of a lot too and alerting them to subjects they may not have thought about. Don’t forget, your conveyancing solicitor probably won’t have seen the property so it makes sense for you to raise any issues you are concerned about and want them to look into, such as a nearby bus stop, power cables or whether there is a shared driveway or an extension that doesn’t look quite right. It’s also a good idea for you to visit the property at different times of the day and to double check the title plans when you are at the property to ensure the boundary markers are right.

2. Be Chatty

Talk to your conveyancing solicitor on a regular basis and tell them exactly what you want them to do, even if it seems obvious to you. There may be specific plans you have for the property so mention this so the right checks can be made. If you’re ever in any doubt about any aspect of the property, always ask your conveyancing solicitor who can make the relevant checks.

3. Surveys nd Searches

There are different types of surveys available, depending on the level of detail you want on your potential new property – your conveyancing solicitor can advise you on the right one for you. Searches include local authority, water authority, coal authority, environmental and chancel check, and check for items such as planned building works, flood risks, and financial liabilities on the property. It’s always best to understand any issues with the property before you sign contracts and become the legal owner.

4. File Away

It’s sensible to keep all your documents in the one place so you can access them whenever you need them, which will speed up the conveyancing process and help prevent any delays along the way.

5. One Step At A Time

Whilst you’ll no doubt be keen to buy the property and move into your new home, be sure to exchange and complete on separate days. When you exchange, contracts are passed between you and the seller and you become legally obliged to purchase the property. You complete when you actually move in – and there is a great deal to be sorted before the moving day so it’s a good idea to allow plenty of time between exchanging and completing.

Bartletts Solicitors has experienced conveyancing solicitors who make the process of property purchase as easy and stress-free as possible. We provide a friendly, professional, knowledgeable approach together with clear communication and regular progress updates so you can manage every stage of the process to ensure you’re happy with your new home.

For professional advice and guidance on your property purchase, please contact our solicitors on 0800 988 3674 or 01244 311 633  email advice@bartletts.co.uk

 

The importance of making a Will before you die has been emphasised by a recent charity report that shows a sharp rise in the number of intestate queries during the past five years.

The charity Citizens Advice had 1,522 queries in 2011 regarding people who had died without making a Will – and 3,747 queries in 2015. These figures are backed up by a recent YouGov survey which highlighted almost two-thirds of UK adults do not have a Will.

If you die without making a Will, your estate – your property and possessions – will be divided up according to the Rules of Intestacy rather than your personal wishes.

What Is Intestacy?

When a person dies without a Will, they are described as being intestate and their estate is subject to the Rules of Intestacy, which means these inheritance laws decide the future of that estate rather than the individual.

The Rules of Intestacy are often unfair and cause a great deal of stress and upheaval for loved ones at an already emotionally difficult time. Intestacy does not take into consideration the person’s individual situation and the same rules apply regardless, namely that close family members inherit – which won’t necessarily be a reflection on who the deceased would have wanted to inherit. For example, this law does not acknowledge unmarried couples and the surviving partner won’t automatically inherit under intestacy; and step children are not acknowledged either.

If there is no surviving relative who can inherit under the Rules of Intestacy, the estate passes to the Crown.

By making a Will, you decide how your estate is distributed after your death and who benefits from your life’s worth – and this is why a Will is so important.

Why You Should Make A Will

Making a Will is the best way to protect loved ones and ensure you can look after them long after you’ve gone. It is your opportunity to state clearly exactly how you want your property and possessions (your estate) to be distributed when you die, and provides you with peace of mind that your wishes will be carried out and loved ones spared the additional stress of intestate uncertainty when you go.

At Bartletts Solicitors, we provide extensive Wills and Probate services and will ensure you can protect your loved ones after your death in the best possible way – by writing a Will. Regardless of how simple or complex your personal circumstances are, we will help you find the right solution for you and to draft a Will that meets your needs.

In addition to expressing your wishes, we can advise on the most tax efficient measures too, so your loved ones can inherit more as a result.

For professional advice and guidance on your particular circumstances and for professional help on writing your Will, please contact our solicitors on 01244 311 633 or freephone – 0800 988 3674 or via email advice@bartletts.co.uk

Divorce is not a word most of us want to have to face, although it needn’t be as scary as it first sounds. Many individuals are unaware of what the divorce process actually entails which can naturally make it seem all the more daunting and is why it’s a good idea to seek professional advice following a separation to find out what your options are.

Every divorce case is unique but our extensive experience has taught us there are some common myths which may deter many people from getting a divorce, even when it is the right decision for them.

Top 5 Divorce Myths

Myth 1: Divorce takes years

Reality: The divorce process is often completed within six months

Provided both you and your spouse are in agreement, co-operate and all the paperwork is completed on time, your divorce should be completed within six months. Furthermore, we will talk you through what’s involved during the process and support you at every stage.

Myth 2: Divorce costs a huge amount

Reality: Divorce doesn’t have to cost a lot

We will provide you with a breakdown of the costs involved, upfront, so you know from the outset how expensive your divorce is likely to be. As we also advise you along the way, should anything change we will notify you straightaway.

Myth 3: Divorce solicitors won’t negotiate for me

Reality: Our divorce solicitors are all trained negotiators

Our solicitors provide a sympathetic, sensitive yet professional approach to the divorce process, and will help you negotiate the best outcome for you. Our negotiation skills enable you to avoid confrontation, speed up the process, and keep costs to a minimum – while securing an amicable outcome for you in the quickest time possible.

Myth 4: Divorce means I have to go to court

Reality: Divorce cases don’t normally end up in court

Most of the time, divorces are completed through the necessary paperwork, without the need for either party to go to court. However, sometimes, if you and your spouse are unable to reach an agreement or if you want to formally record an agreement, going to court is in your best interests. Especially where finances and children are involved, it may be necessary to go to court, either for the court to make a decision or to officially record your agreements in order to protect you in the future.

Myth 5: Divorce means I’ll get a financial settlement from my spouse

Reality: Divorce does not mean you’re entitled to a financial settlement

While marriage means both you and your spouse then have a right to claim against the other’s assets and income should you divorce, it does not mean you’ll necessarily be successful. Decisions will be made based on the particular assets and the personal circumstances of those involved.

At Bartletts Solicitors, we have experience of successfully supporting clients through the divorce process, and know that every case is different. This is why we offer a free no-obligation consultation, so if you’re considering starting divorce proceedings or would like professional advice regarding your options, please contact our divorce solicitors on 01244 311 633 or email advice@bartletts.co.uk

 

Two divorcees won their divorce settlement appeals on the grounds their ex-husbands lied about their financial worth, in a landmark ruling by the Supreme Court in October 2015.

The outcome highlights the importance of total honesty throughout the divorce process, especially during disclosure when both spouses sign a financial statement confirming their income and assets before an agreement is reached on the division of finances.

The precedent set by these two cases has since prompted numerous other divorcees to appeal their divorce settlements as they believe they signed based on fraudulent financial details.

Landmark Cases

The two separate cases were heard by the Supreme Court at the same time, and involved divorcees Alison Sharland and Varsha Gohil who appealed their settlements after discovering post-divorce that their ex-husbands had lied about their true worth.

Alison Sharland signed a consent order in 2010 and accepted a settlement of £10 million together with 30 percent of the net proceeds from the sale of her husband Charles’ company, valued at the time at £47 million. However, it transpired the company was being prepared for sale at that time on the stock market with an estimated value of £600 million.

The settlement awarded Alison Sharland will now be reconsidered by the Family Court, as will the case of Varsha Gohil who appealed her settlement of £270,000 when her ex-husband was later found guilty of fraud and money laundering £37 million and admitted he had misled the court about his wealth during the divorce proceedings.

Why These Cases Matter

The Supreme Court ruled in favour of both divorcees on the grounds their ex-husbands had been dishonest during the disclosure process. This process sees both spouses sign a financial statement that outlines their full income and assets, and forms the basis on which the divorce settlement is made.

Previously, once this agreement had been made and approved by the Court as a consent order, no changes could be made. However, both these cases resulted in the consent orders being disregarded and re-examined in light of the fact the ex-husbands had misled both the Court and their then-wives about their financial worth.

A precedent has now been set which may lead to many more divorcees making an appeal against their divorce settlements if they feel their ex-spouse lied about their finances.

It’s advisable to seek legal advice if you believe your ex-spouse may have been dishonest during your divorce disclosure process. At Bartletts Solicitors, we know that every divorce is different and offer a free no-obligation consultation. We will help you investigate further, using our expert legal knowledge and close working relationships with professionals including forensic accountants.

For professional advice regarding your situation, please contact our divorce solicitors on 01244 311 633 or email advice@bartletts.co.uk

 

Here we talk about five ways to help reduce your inheritance tax bill

The importance of reducing your inheritance tax bill cannot be overstated as, by doing so, you will leave as much as possible to your loved ones – helping them achieve their hopes and ambitions in your memory.

The good news is that by planning ahead, you can cut your inheritance tax bill with relative ease and effectiveness – whilst also ensuring you can still enjoy your retirement.

What Is Inheritance Tax?

Inheritance tax is the amount of tax liable on a person’s estate when they die. It usually falls to the family to pay this bill and naturally reduces the amount of inheritance for loved ones.

Currently, an individual’s inheritance tax allowance is £325,000. This means that an estate valued up to this amount is not liable for tax. This allowance can be transferred between spouses, enabling a married couple to gift £650,000 tax-free when they die. Anything over this amount is subject to 40 percent inheritance tax.

There are a few exceptions to this so-called nil rate band – gifts between married couples or civil partners, and gifts to a UK registered charity, of any value, are not liable to inheritance tax. Certain business property and farming property are either not taxable or subject to a reduced rate of tax.

From 6 April 2017, there will be an additional nil rate band when a residence is passed on death to a direct descendant, increasing initially by £100,000 and then in annual increments of £25,000 up to £500,000 by 2021. Despite the inheritance tax allowance set to increase from next year, it’s still a good idea to take steps to reduce your tax bill so you can maximise the tax-free amount.

How To Reduce Your Inheritance Tax Bill

1. Give Gifts

One way to avoid inheritance tax by giving away assets a minimum of seven years before you die. This means you can potentially gift family members tax-free with some planning. There are certain gifts which fall outside of the seven-year-survival rule too, including £3,000 every tax year, and gifts to individuals of £250.

2. Make A Will

A Will is the best way to detail exactly how you want your estate to be divided after you’ve gone. You can state how your assets are to be distributed, and take advantage of the new residence allowance – by stating your home is to pass to your children you can avoid paying inheritance tax on it. Seek legal advice if you jointly own your home with your spouse, though, as different rules apply in different circumstances.

3. Pension Payments

From April 2015, pensions are no longer subject to a 55 percent tax rate when the individual dies and the pot is passed to a loved one. If the saver dies before they are 75, the pension can be passed tax-free to a named loved one. So it makes sense to pay into your pension and to transfer other assets into your pension, as these funds and assets will no longer be included in your estate, and therefore won’t be subject to inheritance tax.

4. Trusts

Placing assets or property into a Trust can be a tax-efficient way of gifting items to beneficiaries in the future, for example, leaving money in a Trust for your children on their 18^th birthday or an amount to pay for your grandchildren’s education. Trusts are not part of your estate if you don’t directly benefit from them and so aren’t liable for inheritance tax. If assets don’t qualify for inheritance tax relief, the maximum you can pay into a lifetime Trust without paying tax is £325,000 every seven years. It’s important to seek professional advice on Trusts as there are many legal and financial factors to consider first.

5. Life Insurance

If you’re worried loved ones won’t receive gifted assets at least seven years before you die and therefore would be liable to pay tax on them, you can take out a life insurance policy against an inheritance tax bill. By stating the insurance pay-out goes into a Trust, this amount would be tax-free and ensure loved ones are still taken care of financially even if your estate is subject to a big tax bill.

Inheritance tax can be costly for loved ones and create a great deal of emotional and financial stress at an already difficult time. By taking steps today to cut and plan for your tax bill, you will be able to leave as much as possible to the people you love.

For professional advice and guidance on your particular circumstances and the most effective ways for you to reduce your inheritance tax bill, please contact our solicitors on 0800 988 3674 or email advice@bartletts.co.uk