“I was involved in a car accident 4 years ago and I banged my head on the steering wheel and suffered whiplash. I told my solicitor about the bang to my head and the fact that I suffered with headaches after the accident but he seemed more interested in my whiplash and simply obtained a report from my GP which said that my whiplash should resolve in 6 months. I received £1,000 damages but it has now become apparent that I suffered a brain injury after banging my head and this has affected my memory. I may also suffer epilepsy in the future. Is it too late to do anything?”

No. You have got 6 years to sue your solicitor for damages from the date he entered into a contract with you to provide his services.

I clearly do not have access to all of the facts but if you told your solicitor that you banged your head in the car accident and suffered with headaches thereafter then I consider that it was negligent of your solicitor to fail to investigate your head injury further. If he had instructed a Consultant Neurosurgeon to examine you and possibly carry out a scan of your brain, the damage you sustained may have come to light earlier and you could have claimed additional compensation from the third party in your case.

As you only have 3 years to bring a claim against the third party, it would be too late to pursue them for further damages and, in any event, your solicitor probably accepted the sum of £1,000 ‘in full and final settlement of all claims’. It is not, however, too late to sue your solicitor and to claim from him the damages that you should have received originally if your claim had been properly investigated. Naturally, the burden is on you to prove that your current problems have been caused by the car accident and you should instruct a solicitor immediately to look into this for you.

“My daughter was being taken home from school by her friend’s father when he collided with the rear of another vehicle. She is only 13 years old and is in a terrible amount of neck pain and I do not know whether she can claim compensation or even if her friend’s father will mind. I know that he is insured. Can you help?”

Your daughter will indeed be able to claim compensation for her injuries and, whilst her claim will indeed be against her friend’s father, he has paid insurance to protect him for such claims and whether he minds or not is irrelevant. His insurance company will deal with all of the correspondence and settlement of the claim provided that he co-operates with them at the outset.

Because your daughter is a minor, she has 3 years from her 18th birthday within which to bring a claim. This does not mean that you should not do anything at this stage as memories fade with the passage of time and so it is important for you to keep a log of all medical appointments and expenditure at this stage. It might also be wise to note the amount of your daughter’s suffering on a daily basis and the activities that she is restricted from doing as this will assist when she later visits an independent doctor for a report to be carried out on her injuries.

The court rules do not allow you to settle a minor’s claim out of court as there is a risk that an unscrupulous parent or guardian may use the money for their own purposes as opposed to that of the child. As such, civil proceedings must be issued in every case and your daughter will need a ‘Litigation Friend’ to bring the proceedings on her behalf. If you have managed to agree settlement in principle with the other side, then you can ask the court to approve the settlement terms. A District Judge will normally want to read the advice of a barrister or solicitor supporting the compensation proposed. The money will then be invested by the court until your daughter’s 18th birthday.

Two Leamington solicitors gave keynote speeches last week (April 2) at the annual conference of Bowls England, which moved its headquarters from Worthing to Leamington last year.

Some 300 people attended the conference at Leamington Town Hall Wednesday (April 2) to hear Kevin Mitchell and Nick Watts, from the commercial department and sports law unit at Blythe Liggins, talk about club liabilities, disciplinary hearings, data protection and social media.

Blythe Liggins is providing the sport’s national governing body with legal services and a members’ helpline, acting not only for the national organisation but also for its regions and 2,500 clubs across 35 counties.

Bowls England chief executive Tony Allcock MBE said: “We invited Kevin and Nick to talk at the conference to try and guide our clubs through some legal issues that many clubs currently face and it was wonderful that so many people were able to take advantage of their knowledge and experience.”

Kevin Mitchell added: “We were delighted to be asked by Bowls England to address their Annual Conference. The topics were selected carefully and it shows that Bowls England is really trying to look after its member clubs.”

Nick Watts of Blythe Liggins said: “The feedback we received from the delegates was really positive and we were delighted to be asked so many questions from the floor; it was clear there was a real interest in what was being discussed.”

Bowls England resulted from a merger in 2008 between the men’s English Bowling Association and the English Women’s Bowling Association.

The move to Leamington means that regional, national and international men’s tournaments will now be played at Leamington; which has long been the national base for women bowlers.

In addition to Bowls England, Blythe Liggins acts for British Swimming, British Eventing, British Blind Sport, the national Rugby Coaches Association, the national Elite Cricket Coaches Association and Riding for the Disabled. It also represents international rugby players,
county cricketers, athletics coaches and Olympic horsemen, as well such local concerns such as Warwick Boat Club and Leamington Cricket Club.

CAPTION: Bowls England chief executive and 15 times world champion Tony Allcock MBE (centre right) and Bowls England Board chair David Mitchell-Gears (centre left) with commercial solicitors Kevin Mitchell (left) and Nick Watts from Blythe Liggins.

People are often unaware whether or not they are entitled to see their own medical notes. They may want to check something in their medical history or find out what medication they have taken in the past. They may even be considering a case against their doctor and want a specialist solicitor to review their records prior to taking any further action.

The Data Protection Act 1998 was created by Parliament in order to comply with the UK’s obligations under EC law to enable people to have access to information. It provides that any individual is entitled to have access to information which is held about them within a period of 40 days provided that an appropriate fee is paid. Government ministers have given a commitment to Parliament that the NHS will comply within 21 days and all GP’s and NHS Trusts have been told to honour this commitment.

The fee is presently a maximum of £50 inclusive of VAT. Many health authorities feel that the fee of £50 is too low in light of the amount of copying entailed with some notes. Conversely, some people feel that £50 is too high a fee when all they want to do is see their own notes. It must be remembered that the fee is intended to be set at a level which, whilst discouraging frivolous claims, will not prevent any person from having access to their records if they want them.

Access to your own health records can only be refused if to do so would cause serious harm to your physical or mental health (or to another person’s). In reality, it is difficult to see how this exception could apply to anything other than psychiatric records. If there is any information within the records which relates to a third party, other than a medic who has treated you, then this must be removed.

If you wish to obtain the records of a deceased relative and you can show that you are an executor or administrator to their estate then the request must be made under the Access to Health Records Act 1990.

On the whole, therefore, we are all entitled to see our medical records within a reasonable period of time provided we pay the appropriate fee and there can be no harm to either our health or that of another by disclosing them.

As Spring is officially upon us and the growing season the problem of branches of both trees and shrubs extending onto an adjoining property arises.

The basic legal position is that a tree or shrub will remain in the ownership of the land on which it was planted even when its trunk, roots or branches extend onto an adjoining property. However technically the encroachment of branches or roots of trees or shrubs from neighbouring land is a nuisance and if actual damage is caused by the offending branches or roots then a civil action will lie in nuisance against the owner of the trees or shrubs.

There is a right to cut overhanging branches without the need to give any notice to the owner although this must be carried out without going on to the adjoining land since otherwise this would be to commit trespass. The right of removal extends as far as the point where the offending branch overhangs the boundary line.

However, the owner of the land troubled by the overhanging branches is not entitled to keep any fruit growing on a severed branch or indeed the wood itself and this should be placed back on the adjoining land. Should the fruit accidentally happen to fall from the overhanging branches then this can be kept.

The same situation applies to encroaching roots and, particularly if the roots are causing damage, it will be possible to obtain an injunction to restrain the adjoining owner from causing or allowing the roots to encroach on the land or even requiring the tree to be removed altogether.

Should trees or hedges overhang a public highway or footpath and if they endanger or obstruct the passage of vehicles or pedestrians, the local authority and the Secretary of State for Transport have the power to lop or prune such trees or hedges. A similar situation arises if the trees are dead, diseased, damaged or insecurely rooted and are likely to cause danger by falling on to the public highway or footpath.

It sometimes happens that a property is plagued by weeds extending from a badly maintained adjoining garden. The position is the same as with trees and branches. You have a right to remove these offending weeds provided you return them to the adjoining land!

Leamington funeral directors Debbie Leah and Julie Dulson from H J Dawson and W G Rathbone will join Sam Thornton and Paul England from the wills & probate department at Blythe Liggins on Thursday April 10 to discuss the importance of writing a will, estate planning and powers of attorney, as well as the advantages of pre-arranged funeral plans.

Debbie Leah said: “More people these days are pre-arranging their own funerals and paying for them in advance so that their loved ones are not left with difficult decisions to take about the funeral arrangements.”

The seminar is open to all and will begin at 4.00 pm, after tea and cake at 3.30 pm.

Anyone wishing to attend the event at Blythe Liggins’ offices at Edmund House, Rugby Road, Leamington, should call 01926 884769 or email jm@blytheliggins.co.uk by Monday April 7 to confirm their attendance.

We’re so proud of one of our colleagues, Paul England from our Wills and Probate Department for completing the Warwick Half Marathon on Sunday 23rd March in 2 hours 1 minute and 54 seconds. Congratulations Paul!

Well done to everybody who took part in the event to raise money for such a fantastic cause!

One of the main issues which is often brought to light when selling a flat is the length of the lease term. Too often I find that the property in question has a short lease term, which is unacceptable to a mortgage company and potentially very expensive to any purchaser.

As the number of years left on a lease decreases a lease becomes harder to sell and it may be difficult to raise a mortgage on the property. Most purchasers do not want the hassle of extending a lease themselves so will expect a substantial discount in the purchase price if they are to buy such a lease. Extending the lease makes the property more marketable.

Under the Leasehold Reform (Housing and Urban Development) Act 1993 tenants of long leases are subject to fulfilling certain criteria, given the right to extend their leases. The right provided for by the Act is for the grant of a new lease for a term of 90 years, plus the present unexpired term, all at a peppercorn rent (that is, rent free) i.e. if you had 33 years left to run on your lease you would end up with a lease of 123 years after extension. The tenant is required to make a one off payment of money to the landlord known as a “premium” in return for the new lease. The process is initiated by the tenant serving a notice on the landlord calling on him to grant an extended lease.

Generally speaking you will have the right to seek to extend your lease if it was originally granted for a term of more than 21 years and you have owned the lease for at least 2 years (whether or not you have lived there).

One of the world’s oldest professions is learning from one of the youngest as Leamington law firm Blythe Liggins has engaged digital marketing agency Media Beard to provide guidance on promoting their services through social media.

Partner Claire Kirwan is at the vanguard of helping the practice to better market its legal services though its website and digital platforms including Facebook, Twitter, Google+ and LinkedIn.

Media Beard specialises in helping traditional businesses get maximum exposure through search engine optimisation (SEO) by boosting their Google ranking, and is helping companies such as Blythe Liggins to build digital communities online.

“Online marketing tools such as top tips on writing wills can assist online consumers many of whom are a younger demographic who may need legal advice – although, like the Internet itself, it is for all ages,” said Media Beard director Sarah Law.

Claire Kirwan said: “Everyone seems to have a digital footprint, a LinkedIn profile, a Facebook page or is using Twitter, not just for pleasure, but to communicate professionally. Media Beard is helping us harness the potential of these platforms to reach our existing clients as well as our potential news ones. Even though we have been established for over a hundred years, we are a modern law firm and want to embrace the world of social media.”

Photo caption: Claire Kirwan of Blythe Liggins (centre) with Katie Mellers-Hill and Sarah Law of Media Beard

Issued by Newsline PR.
March 2014

The winners of the competition to win two signed books about the First World War recently gathered at Leamington solicitors Blythe Liggins to meet the authors.

Blythe Liggins, a main sponsor of the First World War centenary concert which was held at the Spa Centre on Friday 31st October, hosted the evening at which winners had their books signed by local authors Sir Andrew Hamilton and Alan Reed.

Richard Thornton, joint senior partner at Blythe Liggins, greeted the president and the secretary of the Leamington branch of the Royal British Legion, Frank and Pat Edgington, before welcoming the authors and congratulating the winners.

The books – Stolen Lives – Individual Tragedies of the Great War (£25) and Meet at Dawn, Unarmed (£15) – can be bought at Warwick Books and Kenilworth Books.

CAPTION: (Seated left to right) Alan Reed, Sir Andrew Hamilton and Richard Thornton; (standing left to right) Michael Harris, Pauline Norton, Margaret Fisk and Frank and Pat Edgington. Winners Danielle Ochoa and Paul Stafford were unable to attend.