Last week the Supreme Court ruled that Ms Brewster was entitled to her late partner’s pension despite the fact that she and Mr McMullan were not married and that Mr McMullan had seemingly not named Ms Brewster on the requisite form for her to be eligible to receive his pension as a survivor. If the couple had been married then Ms Brewster would automatically have been eligible for the survivor’s pension.
The couple had lived together for 10 years and became engaged on Christmas Eve 2009, two days before Mr McMullan died aged 43.

The Supreme Court ruled unanimously that Ms Brewster should receive payments under the pension scheme, and the decision has been welcomed by the Law Society of England and Wales as a victory for equal treatment before the law for unmarried couples.

Cohabitees do not have the same legal rights as married couples despite there being an increasing trend for couples to reside together without being married. As such, cohabiting couples need to ensure they are adequately protected should anything happen to either of them.

If you would like some advice regarding cohabitation, please contact a member of the Blythe Liggins Family Team.

Caption: Eilidh Rose, Solicitor. Family Team

Restaurant goers have had their Christmas ruined by contracting salmonella at a Chinese Restaurant in Birmingham.

After eating at a popular Chinese restaurant in Birmingham on the first weekend in December, a family suffered with severe gastric symptoms to include diarrhoea, vomiting and abdominal pains. A sample confirmed that the food poisoning was in fact salmonella and resulted in one victim being hospitalised.
The impact continued for several weeks with the victims still suffering with ongoing symptoms over 8 weeks later.

Lois Harrison is investigating the matter on behalf of the family and said “We have been informed that Public Health England are investigating and want to prevent this happening again in the future. The restaurant has had a 0 hygiene rating since May 2016 and it is simply terrible that it continues to trade whilst their hygiene issues remain”.

If you have been affected by food poisoning and would like some free initial advice on whether you have a claim, please contact Lois Harrison on 01926 884751.

The £38 million turnover Travel Management Group (TMG), launched 30 years ago in Leamington Spa, has been sold in a multimillion pound deal to one of the UK’s leading independent corporate travel management companies.

TMG and Cambridge Business Travel have both been acquired in simultaneous deals by Gray Dawes Travel in London and Colchester.

David Lester, joint senior partner and head of the commercial department at Blythe Liggins Solicitors, who advised TMG on the deal, said the two acquisitions would help make Gray Dawes one of the UK’s 20 largest travel management companies.

Founded in 1986, TMG is one of the UK’s leading independent travel management specialists, with dedicated departments for corporate, events, leisure and sport.

As well as providing business travel for many blue chip organisations, TMG is Europe’s leading professional sport travel agency, with a client base that has included Manchester United, Arsenal, Chelsea, Leicester Tigers and Middlesex CCC, as well as the FA and Premier League.

TMG founder and chairman Ian Dunwoody said: “Gray Dawes’ acquisition of TMG provides a major growth opportunity for both our business and extended services for our clients. With the stability and backing of one of the longest established travel management companies in the country, TMG customers will benefit from even wider products, services and innovation.”

Mr Dunwoody, who said the complex negotiations had gone on for several months, praised David Lester and his legal team at Blythe Liggins for their high standard of work. “They have been absolutely amazing and have guided me every step of the way, offering excellent and knowledgeable advice at every stage.”
Gray Dawes chief executive Suzanne Horner said: “Having TMG and Cambridge Business Travel join Gray Dawes brings 2016 to an exciting and satisfying close. The goal has been to propel our business into one of the 20 largest travel management companies in the UK, trading in excess of £100m per year.
“These acquisitions enable us to achieve this strategic position in 2017.

“The staff and customers of both companies are an excellent fit for Gray Dawes and their locations of Leamington Spa and Cambridge provide us with new geographic opportunity.

“Together with our recent appointment as member of Radius Travel (a global travel organisation), Gray Dawes now brings the benefits of scale and global reach to our ever-growing customer base.”

CAPTION: (top to bottom) David Lester, joint senior partner with Blythe Liggins Solicitors, Ian Dunwoody, founder and chairman of TMG and Suzanne Horner, chief executive of Gray Dawes Travel.

Issued by Newsline PR. Tel: 01926 888308

Two friends who studied law together in Birmingham have qualified as solicitors at a Leamington law firm.

Lois Harrison and Eilidh Rose, who were both in the same class at the University of Law in Birmingham, were trainee solicitors at Blythe Liggins solicitors in Rugby Road.

Lois, who joined the firm in 2007 in the conveyancing department, later becoming a chartered legal executive, has now qualified as a solicitor and is currently working in the personal injury and medical negligence department.

Eilidh, who also studied Spanish at Bristol University, has completed her two-year training contract with the firm and has also now qualified as a solicitor, working in the matrimonial department.

Joint senior partner Richard Thornton: “Both of them have shown considerable promise and have worked hard to achieve their success. I am confident that they will have very successful careers at Blythe Liggins and indeed both are already proving to be invaluable members of the team.”

CAPTION: Newly-qualified solicitors Lois Harrison (left) and Eilidh Rose.

With Christmas Day less than two weeks away, it can be a challenging time for parents who are separating to reach an agreement about how children should spend their time over the festive break.

It is important to remember that arrangements over Christmas can produce a considerable amount of stress for both adults and children. This stress can be minimised by careful planning and focussing on the children’s needs.

For parents who have recently separated or are in the process of separating, these are some suggestions which may help.

Talk to the other parent

Whenever possible, set aside time to discuss plans with the other parent beforehand.

Plan ahead

Think through how you would like to spend time with your children. Consider making a calendar in advance to show the children how time will be spent between households.

Talk to your children

Don’t ask the children to choose between you but listen to their ideas, discuss what is possible and then do your best to incorporate some of their suggestions. Instead of just informing children about plans over Christmas, consider talking with them.

Support your children’s relationship with the other parent

Convey a positive attitude about your child spending time with the other parent. Some children may struggle with missing the parent they are not with during longer periods of time. Children can maintain contact with the absent parent by way of regular telephone calls, emails or via FaceTime and Skype.

Practical Considerations

Discuss Christmas presents, travel arrangements and which activities each of you will attend. This will avoid unnecessary conflict and arguments which can cause stress and upset for the adults and children involved.

By adopting these suggestions what can be a difficult time will be more enjoyable for everyone, so plan ahead and have a wonderful Christmas.

Resolution is a national organisation of family lawyers committed to non confrontational divorce, separation and other family problems.

Resolution members agree to follow a Code of Practice which actively promotes a constructive approach to family issues and to consider the needs of the whole family, in particular the best interests of the children.

Resolution are running an awareness campaign from 28 November – 2 December 2016 (known as Good Divorce Week) which amongst other things is intended to promote their new Code of Practice. On Wednesday, 30 November it is hoped that over 150 members will be travelling to Westminster to meet their MP in order to promote Resolution’s campaign for no fault divorce and improving rights for cohabiting couples.

Andrew Brooks, head of the Family Department at Blythe Liggins was keen to get behind the campaign. Andrew said “I’ve been a member of Resolution for 25 years and I’m keen to promote their new Code of Practice, which I wholly endorse. I can assure anyone who is thinking of instructing us that I and all of my team have always been keen to adopt Resolution’s Code of Practice. Experience has shown me that the outcome in such cases has been beneficial not only to our clients, but to their children too”.

Blythe Liggins also fully support Resolution’s campaign for a no fault divorce and improving rights for cohabiting couples. Blythe Liggins will shortly make available on their webpage a link to Resolution’s new Code of Practice.

A group of volunteers from a Leamington law firm have given up their time to redecorate rooms at a special school near Hatton, on the outskirts of Warwick.

The working party from Blythe Liggins, in Rugby Road, arrived at Northleigh House School last week to give the premises a facelift, complete with paint, brushes and rollers.

Team leader Richard Moon, head of employment law, said: “Blythe Liggins has a long tradition of working for the local community and we were so impressed by the work done by the dedicated staff at Northleigh House that we wanted to do our bit to help.”

Viv Morgan, chair of trustees, said that Northleigh was a small school, based in a beautiful country house, dedicated to overcoming the effects of bullying. “The under-pinning atmosphere at Northleigh is one of absolute positive regard for every student – kindness, inclusion and respect for each individual’s differences.

“The school was established in 2012 to address the growing need for a safe, calm and progressive learning environment to help secondary-aged children recover emotionally and academically from the effects of high anxiety in a mainstream school setting.

“By ‘doing things differently’ we are able to help each young person to regain their inner confidence and to begin, again, to trust other people. We promote a culture where every member of the school, whether student or staff, is valued, respected and plays a vital role in the development of Northleigh’s community,” she said.

CAPTION: Viv Morgan (left), chair of trustees at Northfield House School, with some of the Blythe Liggins working party:(left to right) Eilidh Rose, Katie Farrell, Collin Trystman, Chris Bowen and Richard Moon.

If you have been injured abroad whilst on a package holiday as a result of an accident that was not your fault, you can make a claim for compensation in this country. This applies anywhere in the world whether you have booked a relaxing beach holiday in Spain or an adventure holiday in Guatemala.

The company you booked the holiday with is not only responsible for ensuring the holiday matches the description given when the holiday was booked but is also responsible for things that go wrong whilst you are on your holiday, to include accidents.

A ‘package’ holiday is defined as a pre-arranged combination of the following:

• Transport
• Accommodation
• Other tourist services

The package must be sold or offered for sale within the UK.

If you go on an adventure holiday then you must accept there are risks involved in the normal pursuit of the activities but, if you are injured as a result of something such as defective equipment, you can still make a claim even if you have signed a disclaimer.

If you have suffered from food poisoning you can claim against the holiday company as they owe a duty in respect of the food provided.

You have better protection if you have booked a package holiday but other accident claims can be made in this country. If you are injured on your flight to or from your holiday you may be able to claim direct against the airline. If you suffer an injury or illness aboard a cruise ship you can also make a claim against the cruise operator.

If you are injured on holiday as a result of a road traffic accident, you may also be able to claim in this country even if the person responsible has no insurance.

If you are able to claim under the Package Tour Regulations you have three years in which to do so but if your claim cannot be pursued as a package claim different time limits apply. If you have been injured or suffered an illness abroad then please contact us as soon as possible for an initial no obligation consultation.

Caption: Adam Lloyd. Solicitor – Personal Injury and Medical Negligence Department

Most relationships are not characterised by domestic violence, but a minority are. Domestic violence can come in the form of physical abuse, but can also very often be of a psychological nature causing the victim to lose all sense of self-esteem and feeling “controlled” by the perpetrator.

At a conference on the issue of domestic violence in London last week, health workers from around the country, together with other leading experts on the topic of domestic violence, determined that one out of five incidents of domestic violence occurred in front of children.

Children are particularly vulnerable since they have no sense of control over a domestic violence situation and as a consequence may suffer from bedwetting, insomnia and anxiety.

Brought up in an environment with domestic violence can also “normalise” violent acts and later on in life children brought up in such an environment can themselves perpetrate domestic violence and abuse as adults.

One of the prime mantras of the conference was the need for the victims of domestic violence to be able to “open up” to health professionals they come in contact with so as to create a safe and private environment. In particular the conference believes that front line staff such as GPs, nurses, paediatricians and mental health professionals should continue to be vigilant toward indicators of abuse including repeated injuries that come with a “vague or implausible explanation”. Depression and anxiety can also be indicators of domestic violence.

Above all else the conference identified the need for a multi-agency approach toward identifying the victims of domestic violence whilst being supportive and compassionate toward their needs. When domestic violence remains unaddressed and spirals out of control there are also legal remedies that are available to assist the victim and protect their physical wellbeing, as well as the children of the family. The police in particular are now in the frontline of victim support and protection and ultimately a civil law remedy might also prove to be appropriate when circumstances arise.

Above all else, domestic violence cannot and should not be tolerated in any shape or form and those suffering should be identified and looked after and the perpetrators should themselves be encouraged to seek help.

Caption: Andrew Brooks. Partner, Head of the Family Department