Monday 15 January 2018 is officially predicted to be the gloomiest day of the year. The fact is that for most of us the summer is too far away. This can be a truly depressing time of year and sadly for family lawyers it can also be one of our busiest periods. More divorce petitions will be lodged at Court during the early part of the year than at any other time.

If you are contemplating divorce you should ask yourself if you have exhausted all other avenues first, such as marriage guidance counselling. Divorce is a big step.

The mechanics of obtaining a divorce nowadays are usually straightforward, particularly if both agree that the marriage is over. The difficulties tend to lie in resolving practical issues stemming from the divorce such as how to separate, arrangements for the children and money matters.

It is vital that you appoint a specialist family lawyer. A personal recommendation from a friend or colleague is great. However, if you don’t know who to approach you should consider contacting Resolution (tel 01689 820272) whose members are committed to a constructive resolution of family disputes.

Further, make sure that your family lawyer has the contacts that you need. Such a specialist will be “networked”. Sometimes in putting a case together it is necessary to employ other professionals such as valuers, pension actuaries and in big money cases forensic accountants. Your family lawyer should also be able to recommend mediators and have contact with collaborative lawyers if needed.

You should listen to the advice your lawyer gives you, after all you are paying for it! A good family lawyer will take a sensible approach to your case and give you sound and pragmatic advice. Most family lawyers adopt a non-confrontational approach. A good lawyer will encourage solutions.

Caption: Louise Sheasby, Family Lawyer.

Three south Warwickshire men have raised £2,000 for Myton Hospice by undertaking a gruelling 24 km race over a Welsh mountain, used by the military for Special Forces training.

The three friends, who all train together at the same gym, took on the challenge to raise money for Myton Hospice “because we all have personal associations with the hospice through family and friends benefitting from their services,” said Arvi Samra, who lives in Warwick and is a conveyancing solicitor with Leamington law firm Blythe Liggins.

He was joined on the challenge by Andrew Doust from Leamington Spa, who owns a quantity surveyor practice in the town and is a 2nd Degree Black Sash in Shaolin Fist Kung and the county coach for Master Johns Kung Fu School and Shaolin Fist Kung Fu; and Phil Sims, also from Leamington, who is a Healthformation Coach and trains both Arvi and Andrew.

“The route is a real lung buster that throws everything at you, including the elements. There are steady slopes that allow a solid jogging pace, shocking inclines that have you almost on your hands and knees, loose stone tracks that require cautious foot placements and a forested vehicle track that allows for some rapid going. Even SAS recruits at the height of their physical abilities regard beating the clock in this event as a serious challenge,” said Arvi.

The trio are all veterans of various running events, such as the Wolf Run, Regency Run and the Two Castles, which is sponsored by Arvi’s firm, Blythe Liggins.

Caption: Myton Hospices corporate fundraiser Abigail Smith with (left to right) Phil Sims, Arvi Samra and Andrew Doust.

A former British Army nurse has opened a new health clinic in Leamington.

Clare Barkway, who has 30 years’ experience of general nursing and mental health, including 15 years in the Queen Alexandra Royal Army Nursing Corps, has launched The Health & Vitality Clinic in Augusta Place.

A former pupil at Myton School in Warwick, Clare studied nursing at what was then Mid-Warwickshire College in Leamington, before working as a mental nurse at the old Central Hospital in Warwick.

“I then spent 15 years nursing in the Army, serving in variety of locations before leaving to start my own business. I began by working from other health clinics in Leamington and Solihull, but always wanted to consolidate and have my own practice,” she said.

The clinic offers a wide range of treatments, including dermal fillers and anti-wrinkle injections, laser hair removal, laser lipolysis, skin rejuvenation, food tolerance testing, colon health and vitamin injections.
Commercial solicitor Nick Watts from Leamington law firm Blythe Liggins, who handled the legal work, said that the clinic had four staff and a chiropodist. “Clare has built up a loyal following through the years and hundreds of her clients are now joining her at the new clinic.”

Caption: Clare Barkway from The Health & Vitality Clinic in Leamington with Nick Watts from Blythe Liggins Solicitors.

A British soldier severely injured in Afghanistan has thanked all those who helped renovate his new lodgings at the Lord Leycester Hospital in Warwick.

Former Guardsman John Dawson was shot in the head by a sniper in Helmand Province, leaving him with life-long injuries

The Master of the Lord Leycester Hospital, Heidi Meyer, said they had been given a generous grant by the Grocers Livery Company to renovate a flat for the ‘wounded warrior’.

She said: “Working with BLESMA (a charity for limbless veterans), John was selected as an ideal person to occupy the flat. With his arrival we are truly meeting our founder Robert Dudley’s intent and our 1572 charter to provide for those “maimed or hurt in the wars, in the service of the Queens Majesty”.

Local organisations and individuals were quick to offer their support for this initiative, including former Warwick mayor Mandy Littlejohn, deputy patrons Rosie Bragg and Janet Honnoraty, the Army Benevolent Fund, Rugby for Heroes, the 353 charity, the Grenadier Guards, Warwick Relief in Need, the Lions and Blythe Liggins Solicitors.

Leamington solicitor Nick Watts from Blythe Liggins, who gave his time for free to handle all the legal work, said: “It has been heart-warming to see so many people rallying to support John. He gave so much for his country and it’s wonderful that so many people wanted him to know how much they appreciated his sacrifice.”

Mr Dawson was serving with the 1st Battalion Grenadier Guards when he went up a lookout tower to relieve another sentry and was shot in the head. “The boys came running and started to return fire and to give me first aid. I was evacuated and flown to Kabul where I was operated on in a US hospital before being flown back to Brize Norton and taken to the Queen Elizabeth Hospital in Birmingham. I was in a coma for a few weeks and was then taken for rehabilitation at a military unit in Surrey where I spent the next two years, 18 months of which I couldn’t even walk. I then spent a further two years at a brain trauma unit in Nuneaton.”

The former guardsman, who has titanium plates in his head and is blind in one eye, remains extremely positive and humorous. “I was very lucky really compared with the injuries that so many servicemen suffered out there, not to mention all those who never did come back.”

Although he remembers very little of that day he does recall that it was his parents’ wedding anniversary, and that his son was only five weeks old at the time.

He also remembers with great pride his meetings with senior members of the Royal Family. As well as being asked by Prince Harry for some advice about the Invictus Games, he also met the Queen and the Duke of Edinburgh at Windsor Castle, and again as a guest at Royal Ascot.

“People have been so kind to me and it’s wonderful to see how proud they are of our Armed Forces and to know that our military is held in such high esteem. I have been so lucky to get a place at the Lord Leycester Hospital where I live alongside other retired servicemen, and I am very grateful to the master and her team for all they have done for me,” he said.

Despite its name, the Lord Leycester Hospital has never been a medical establishment. The word hospital is used in its ancient sense meaning a charitable institution founded in the reign of Queen Elizabeth I and soldiers who live there are referred to as the Brethren. Today, the Lord Leycester is open to the public who can view 700-year-old rooms built by the medieval guilds of Warwick and where they conducted business as the civic and philanthropic heart of Warwick.

Caption: War hero John Dawson with solicitor Nick Watts and Lord Leycester Hospital Brethren John Wilcock (left) and John Maughan (right).

Work is beginning on the new £3.7 million Riding for the Disabled Association (RDA) national training centre in Shrewley, near Warwick.

The charity, whose president is Princess Anne, uses horse-riding and carriage driving to provide therapy for 25,000 disabled children and adults.

It plans to move from its current national office in Warwick to the new site at Lowlands Farm by December next year.

The Lowlands Equestrian Centre, which has been used by 4 RDA groups for many years, will now be the national centre for training riding coaches and other volunteers from all the country.

The charity’s chief executive Ed Bracher said there would be stables and grazing for 20 horses; indoor and outdoor arenas; training and conference facilities; and overnight accommodation and offices.
“As a working yard with indoor and outdoor arenas it will provide an ideal environment for hosting practical training sessions, workshop and demonstrations, events and competitions and will be an inspirational venue in which to bring together, train and inspire RDA volunteers and coaches from around the UK,” said Mr Bracher.

“We currently work with thousands of people across 500 sites in the UK. To have national facilities is a big step for us. We are delighted that the council has supported us with planning permission and that we are going to be able to develop the facilities in this area,” he said.

Kevin Mitchell, a partner and commercial lawyer with Blythe Liggins Solicitors in Leamington, handled all the legal work relating to the acquisition. “Our firm has acted for the RDA since it was launched back in 1969, providing all legal work and a legal helpline for the 500 RDA groups.

“The charity was granted planning permission in June and the final stage of the purchase was completed in August. A working group of RDA officers, architects and other advisers are now deciding on the next step regarding a phased development, including the demolition of existing equestrian buildings, the construction of new offices and the extension of the car park,” he said.

CAPTION: RDA chief executive Ed Bracher (left) with RDA chairman Sam Orde, Blythe Liggins solicitor Kevin Mitchell, Patrick Riley, who chairs the Project committee for the new national training centre, and yard manager Charlotte Williams on Rover.

Issued by Newsline PR. Tel: 01926 888308

Leading barristers from one of the longest established chambers in England will be in Leamington next month at a family law seminar, attended by lawyers from across the region.

Katherine Dunseath and Hamish Dunlop are based at the new Birmingham chambers of 3PB, one of the oldest and largest chambers in the country with almost 200 barristers and silks across five offices. They will be bringing delegates up to date with the latest legal developments in family law.

The seminar is being hosted at the offices of Blythe Liggins Solicitors in Rugby Road, Leamington, on October 19 and delegates will be given the opportunity of making a donation to Myton Hospice, the law firm’s main charity.

Louise Sheasby of Blythe Liggins’ family law department said: “This will be an excellent opportunity for local lawyers to discuss all the latest issues with two of the most respected leading barristers in family law.

CAPTION: Louise Sheasby, Family Law Department

A livestock research project manager, who played cricket in the United States for two years, is the August winner of our monthly cricket competition.

Each month, in association with Leamington solicitors Blythe Liggins, we celebrate a player who has done something special, with the winner being presented with a box of six new cricket balls for their club, provided by Blythe Liggins.

This time it is medium pace bowler Ed Smith, who claimed eight for ten – including seven clean bowled – playing for Kenilworth 3rds against Breforton, who were all out for 41. Ed, who played his early cricket in his hometown of Rochdale, joined Kenilworth in 2001 when he came to Warwick University to study for his PhD in bacterial population genetics.

Four years later he went as a research fellow to the Medical College of Wisconsin, where he played cricket with a team of ex-pat Indians in Milwaukee.

He returned to the UK in 2007 and re-joined Kenilworth, who he describes as being a fantastic, friendly club with brilliant facilities. “We have a relatively new clubhouse and a magnificent ground, which is so well looked after by Geoff Edmunds and his team. The club wouldn’t exist without Geoff, “said Ed, who is currently working at Stoneleigh as research project manager with the Texel sheep society.

Donna Bothamley, head of wills, trust and probate at Leamington law firm Blythe Liggins, said: “It was an amazing feat of bowling and we are very pleased to announce Ed as our August winner. He tells me that his previous best was eight for 28, which in itself was an incredible performance.”

CAPTION: Donna Bothamley, head of wills, trust and probate at Leamington law firm Blythe Liggins, presents Ed Smith (holding his match-winning ball) with his prize of six cricket balls.

The pre-action protocol for debt claims comes into effect on 1 October 2017.
The protocol will apply to all civil claims by a “business” (including sole traders) seeking payment of a debt from an “individual” (including sole traders).

The main requirements of the protocol include changes to the information which must be included in a letter before action to an individual in debt (debtor), the documentation which must be sent to the debtor with the letter before action and the time limits for responding.

THE LETTER OF CLAIM

The creditor must issue a letter of claim to the debtor before they commence proceedings and the protocol provides mandatory requirements for what the letter contains, as well as prescribed set of enclosures. These new requirements include:

• A requirement that the letter sets out clearly, the amount of the debt as well as any interest and charges due.

• Full details of the written (or oral) agreement should be set out, as well as the option for the debtor to request a copy of the written agreement.

• In the event that the debt has been assigned since being incurred, the letter of claim must provide the details of any assignment.

• If instalments are being paid against the debt, but the creditor is still wishing to commence a court claim, the letter of claim should provide an explanation as to why the current arrangement is unacceptable.

LETTER OF CLAIM ENCLOSURES

The protocol’s stated emphasis is to be open and transparent. Items that must be included with the letter of claim are designed to promote clarity in respect of the debt being recovered and include:

• Reply Form – on receipt of the letter of claim, a debtor can respond by way of a standard “tick box” style reply form, (set out in the protocol) and a copy of which must be provided by the creditor to the debtor with the letter of claim.

• Standard information form and financial statement – a standard document to enable the debtor to set out their income and expenditure.

• Up to date account statement – detailing interest and charges added.

The letter of claim must be delivered in paper format by post, unless expressly agreed otherwise with the debtor. The protocol makes clear that a standard clause in an agreement opting out of paper format is insufficient for this purpose.

A creditor must now give the debtor at least 30 days from the date of the letter of claim to respond. Any requests for documents or information by the debtor should be made at this stage. If a debtor states that debt advice is being sought or more time is required, the creditor must allow a reasonable period for the advice to be obtained and should avoid issuing proceedings until 30 days from the receipt of the completed reply form, or from the creditor providing the documents requested, whichever is later.

If a debtor requires more than 30 days to obtain the advice, the debtor must provide details as to why the advice cannot be obtained sooner and also when it is expected to be received. The protocol states that the creditor should then act reasonably in regards to providing extra time.

In the event that more time to pay is requested, attempts should be made for an agreement to be reached with due consideration afforded to the financial statement. If a repayment proposal is rejected, written reasons must be provided to the debtor.

If a debtor fails to respond, proceedings may be issued 30 days after the letter of claim. If a response is received but no agreement reached, the protocol states that the parties should “take stock” of their positions. In any case, in these circumstances creditors are expected to provide a further 14 days’ notice of their intention to commence proceedings.

CONCLUSION

The protocol’s clear intention is to protect debtors from claims made by creditors where there is insufficient information provided about the debt and introduces a number of new requirements which creditors and debtors are expected to follow before court proceedings are commenced.

Historically solicitors demanded payment in 14 days: now under the protocol it is 30 days. The hoops that have been introduced will inevitably increase the costs but may result in fewer proceedings being issued. We shall see.

For all debt recovery issues please contact Jacqueline Deeming on 01926 831231 or jad@blytheliggins.co.uk

A village cricketer, who in his county playing days smashed Freddie Flintoff’s bowling all over the park, has been voted our Player of the Month for July.

Each month, in association with Leamington solicitors Blythe Liggins, we celebrate a player who has done something special, with the winner being presented with a box of six new cricket balls for their club, provided by Blythe Liggins.

Our July winner is Gavin Shephard, whose knock of 156 in his first season with Norton Lindsey and Wolverton was almost emulated with a score of 110 the following week.

Gavin, who played county cricket for Warwickshire at all levels, was made Man of the Match in 2001 after being 73 not out facing six international bowlers – including Flintoff and one of the greatest test bowlers of all time, Sri Lankan Muttiam Muralitharan – playing for Warwickshire Cricket Board against Lancashire. “It was my greatest cricketing achievement,” said Gavin.

After playing for a number of Birmingham clubs, Gavin and his twin brother Stuart, who also played first class cricket, are now enjoying their first season with Norton Lindsey and Wolverton. “It’s a lovely, progressive club with great aspirations. There’s plenty of talent there and they’ve just spent £35,000 on nets,” said Gavin.

“It has a flourishing youth section, an excellent pitch and yes, amazing teas!”

Former England and Barbarians rugby international Richard Moon, a partner at sponsors Blythe Liggins, where he heads both the employment law department and the firm’s sports law unit, is also chairman of Ashorne and Moreton Morrell cricket club. “Gavin is an extremely talented batsman who has had more than his fair share of centuries and 150s. His county pedigree has stood him in great stead for village cricket where, now in his mid-40s, he is still proving to be a class act.”

In April 2017 the fee for registering Powers of Attorney Documents with the Office of the Public Guardian (OPG) was reduced from £110 per document to £82. For a married couple preparing both Health and Welfare and Financial documents, this was a saving of £112. At the time, it seemed that it was just bad luck to those who had set theirs up previous to this.

The OPG have however now admitted that the fees charged over the last four years were excessive and all those who were overcharged will be refunded during the current financial year. Government agencies are not permitted to charge more than the cost of processing applications unless the Ministry of Justice have exercised the power provided by legislation to do so.

We still await details of how the refunds will be processed by the OPG and the administration involved in ensuring monies are returned to those overcharged will be incredibly involved. We do, however, welcome the fact that the OPG are correcting the position so that those who were overcharged are repaid.

Caption: Donna Bothamley. Partner, Head of the Wills & Probate Team