There are vulnerable people living in Warwickshire who have no control over important later-life decisions, according to a Leamington solicitor for the elderly.

Donna Bothamley, head of wills & probate at Leamington solicitors Blythe Liggins, said a new report by SFE (Solicitors for the Elderly) revealed that whilst some people had a will in place to manage their affairs after death, only a few had a lasting power of attorney (LPA) in place.

An LPA safeguards their wishes in the event they are no longer able to make decisions for themselves due to accident or illness like dementia, for example, decisions about their housing, assets, heath and care.

“Most people want a family member or friend to make important decisions on their behalf in the event of illness or an accident,” said Mrs Bothamley. “However, few are aware that without a lasting power of attorney in place, any individuals’ affairs, such as their end-of-life wishes and health treatments, could be left in the hands of third party solicitors, social workers, medical doctors, or even the British courts.”

Mrs Bothamley said that even the minority of those who had taken steps to plan ahead may still be at risk due to poor quality legal advice and invalid documents. The SFE report found that many people with a lasting power of attorney in place did not use experts or legal guidance, instead taking a gamble by using online resources, non-legal advisers or off-the-shelf kits.

Mrs Bothamley, who was recently recognised by the SFE with the Older Client in Practice Award, said most people assumed that if they suffered an illness or accident, their next of kin would be responsible for vital decisions. The reality is starkly different – loved ones may not be able to make a decision on their behalf unless they had a lasting power of attorney in place.

“An LPA is by far the most powerful and important legal document an individual can have. If you have children, own a home, or have views on your preferred health treatment, we urge you to go to an expert to get the right advice.”

CAPTION: Donna Bothamley with her Older Client in Practice Award.

A leading employment barrister will be briefing a gathering of businesses leaders in Leamington on Friday November 13 on recent changes to employment law.

Mugni Islam-Choudhury, an experienced employment law specialist from No.5 Chambers in Birmingham, will be speaking at a free breakfast seminar hosted by Leamington law firm Blythe Liggins.

Richard Moon, the head of employment law, who will be chairing the autumn breakfast meeting, said Mr Islam-Choudhury was an experienced employment law specialist with a particular expertise in the areas of unfair dismissal, redundancy, discrimination, the Transfer of Undertakings (Protection of Employment) Regulations and contractual claims who had conducted employment related hearings in the Employment Tribunal, EAT and Civil courts for 17 years.

Mr Moon said local businessmen would be updated on key changes in employment law over the last 12 months. “Employers need to be updated as to changes brought in by the Government into the employment field and recent developments in employment law, particularly relating to working time and mobile workers.”

The breakfast briefing will commence at 8.15 am and will be concluded by 9.30 am. Those wishing to attend should register with Tracy Butler on 01926 884704 or email tab@blytheliggins.co.uk.

Issued by Newsline PR. Tel: 01926 888308

Caption: Richard Moon. Partner, Employment Team

Richard Moon, head of employment law at Leamington solicitors Blythe Liggins, is to give a radio commentary on the Italy versus Canada match in the Rugby World Cup on September 26.

Mr Moon, who also heads the firm’s sports law unit, played scrumhalf for England, the Barbarians and Harlequins and sat on the governing body of the RFU.

He also represented Cambridge University where he was paired in the Varsity Match with fly-half Rob Andrew, former England star and current director of operations for the RFU.

A rugby commentator for both BBC 5 Live Sports Extra and BBC CWR, his commentary for the official Rugby World Cup Radio will be going out on the Rugby World Cup App and website, in stadia on radios, on Tunein Radio and to some international radio stations who cannot attend the matches.

Mr Moon, whose brother Rupert played at scrum half for Wales, was instrumental in setting up both the Rugby Coaches Association with Sir Ian McGeechan, a former head coach of the British and Irish Lions, and the Rugby Union Players Association.

In addition to rugby associations, Blythe Liggins’ sports law unit has represented a number of sporting individuals and organisations, from local concerns such as Warwick Boat Club and Leamington Cricket Club to Bowls England, the national Elite Cricket Coaches Association, Riding for the Disabled and international rugby players, county cricketers, athletics coaches and Olympic horsemen.

CAPTION: Richard Moon preparing to give a radio commentary at Twickenham.

A study by the London School of Hygiene and Tropical Medicine has found that around 750 patients a month are dying unnecessarily in NHS hospitals.

Factors such as inattentive monitoring of the patient’s condition, patients being prescribed the wrong medicine and doctors making the wrong diagnosis are amongst the possible causes of the vast number of avoidable deaths.

The Health Secretary, Jeremy Hunt, announced earlier this year that hospitals in England would be required to monitor the rate of avoidable deaths and said that these deaths are the ‘biggest scandal in global healthcare’.

Lois Harrison, a lawyer from the Medical Negligence Team at Blythe Liggins said, “Losing a loved one is an incredibly painful and difficult experience without the added torment that their death could have been avoided.

This significant number of failings by hospitals is unacceptable and needs to be urgently addressed”.

Caption: Lois Harrison, Medical Negligence Team at Blythe Liggins

Certainly no joy for Mr Joy-Morancho. He was caught out in a High Court case, deliberately misleading the Court about his wealth.

Mr Joy-Morancho was lambasted by the High Court Judge, Mr Peter Singer, for being dishonest and for deliberately attempting to deceive the Court.

The High Court Judge went so far as to say, that the evidence of Mr Joy-Morancho was “breathtaking”. He then said that his evidence was a “rotten edifice founded on concealment and misrepresentation and therefore a sham, a charade, bogus, spurious and contrived”.

The message is: be straight with the Court and don’t attempt to deceive the Judge. If you do you can expect to have a costs order made against you and in this case the husband had to cough up £334,000 to cover his wife’s costs which were wasted as a result of his deceit.

So no joy for Mr Joy-Morancho.

Caption: Andrew Brooks, Partner, Family Team.

A former international show jumper who became managing director of an international hair extensions business has set up her own recruitment agency in Warwickshire.

Claire Bartley, who was managing director of Racoon International, a Southam-based company whose hair extensions are sold to salons and individuals around the world, including Hollywood stars, has launched Sunshine Recruitment Group in Southam.

Claire, who had a successful equestrian career representing both England and Great Britain, gained her recruitment experience at agencies such as Arden Shields and Prestige Nursing.

“I have a lot of experience, both as a recruitment consultant and as a businesswoman on the receiving end of agency candidates, and I feel there is a gap in the market for a recruitment agency that feels passionately about matching the right person with the right job,” she said.

“Recruitment can become a numbers game where some agencies fail to vet the candidates thoroughly and employers then feel deluged by applicants. I feel many have lost track of what they are meant to be achieving.

“That’s why I’ve launched Sunshine Recruitment Group, to offer that service which I believe is missing in the region. We thoroughly interview our clients and our candidates and only submit up to three hand-picked candidates, all of whom are ideally qualified for the post.”

The agency covers a broad spectrum of interesting roles from marketing and business development to carpenters and electricians. We even offer executive placement and headhunting services.
Sunshine Recruitment Group, which caters for most jobs – permanent, temporary and contract across all industries – has moved into offices in Brewster’s Corner off Pendicke Street, where Claire is already recruiting more staff for her own operation.

The lease was negotiated by Nick Watts, a commercial solicitor with Blythe Liggins in Leamington. “I have been a client of Blythe Liggins in Leamington for many years and I must thank Nick for handling the lease so quickly and thoroughly.”

Mr Watts said: “Claire is targeting businesses within a 30-mile radius of Southam, a region which is thriving with lots of expanding businesses looking for high calibre staff. I think she will do extremely well.”

CAPTION: Entrepreneur Claire Bartley with Blythe Liggins solicitor Nick Watts.

Issued by Newsline PR. Tel: 01926 888308

The Court of Appeal has made a decision that all of a couple’s assets amounting to £550,000 should be awarded to the wife.

After a long marriage the parties separated in 2011. After they separated the husband Essam Aly moved to Bahrain to work and live there. He made no attempt to pay any maintenance whatsoever with respect to the two children of the family and his wife.

Lord Justice McFarlane, a leading Family Law Judge in the Court of Appeal , upheld the decision to give all of the assets to the wife because effectively the husband had “abdicated responsibility” for her and his children.

He added further:

“Looking to the future, there was no expectation that she could look to him for any future payment of maintenance and it was therefore necessary for her to achieve an award representing effectively most of the capital assets.

The Judge had in front of him a case where he was entitled to hold there was no realistic expectation of getting any further maintenance out of the husband.”

Had the husband behaved honourably then it is likely that the capital assets would have been divided equally, but the husband in that case would need to pay maintenance.

The National Institute for Health and Care Excellence (NICE) has this month issued a new guideline named “Suspected cancer: recognition and referral” to offer advice on the recognition of and referral for suspected cancer in children, young people and adults.

As NICE states, “Cancer has an enormous impact, both in terms of the number of people affected by it and the individual impact it has on people with cancer and those close to them. More than 300,000 new cancers (excluding skin cancers) are diagnosed annually in the UK, across over 200 different cancer types. Each of these cancer types has different presenting features, though they sometimes overlap. Approximately one third of the population will develop a cancer in their lifetime.”

The first opportunity to identify people with potential cancer and in need of referral often occurs in primary care such as a GP surgery as this is where people first present with symptoms.

The new recommendations are intended to assist primary care providers in recognising suspected cancer and making referrals. The recommendations are organised by symptoms and investigation findings, as well as by the site of suspected cancer to make diagnosis and appropriate referral easier.

The guideline recommends that it is clearly explained to people that most will not be diagnosed with cancer and that alternative diagnoses are discussed.

The guideline can also be used by people to assist in which symptoms to look out for and it actively encourages people to raise their concerns regarding any symptoms.

It is hoped that the new guideline will put people in contact with cancer specialist treatment teams a lot faster and enable referral directly to diagnostic tests by the primary care providers, to speed up the process and free up specialist cancer experts.

In addition to improving the effective cancer referral process the guideline aims to help people understand what to expect if they have symptoms that may suggest cancer.

Sadly too often patients are only referred to specialist cancer treatment teams when the cancer is at an advanced stage meaning that many patients are denied the opportunity of effective lifesaving treatment at an early stage.

It is hoped the new guideline will improve cancer diagnosis and referral to improve the prospects of successful treatment for many more people.

If you suspect that you or a member of your family has suffered as a result of a delayed diagnosis of cancer please call Blythe Liggins for a consultation with a specialist solicitor.

Caption: Adam Lloyd, Solicitor in the Medical Negligence and Personal Injury Department

A team of Leamington wills and probate lawyers have become ‘Dementia Friends’ in order to help elderly clients.

Donna Bothamley, head of wills, trusts and elderly client advice at Blythe Liggins in Rugby Road, said it is important that people living with dementia organise their financial and legal affairs while they are still able to do so, ensuring that their affairs are set up in a way they want.

“During our work we come across people diagnosed with dementia and their families who need advice on such matters as Powers of Attorney or The Court of Protection. By becoming dementia friends we’re better able to understand the needs of those clients and their families,” said Mrs Bothamley.

The Dementia Friends course, run by Alzheimer’s Society, was delivered by Tony Britton, who set up The Pam Britton Trust for Dementia in memory of his late wife Pam. She was diagnosed with early onset dementia when she was still in her 50s and died aged 64.

“We need more volunteers like Blythe Liggins to help us – ideally people who have completed a course like them, or who have personal experience of caring for a loved one with the illness who now feels able to offer that experience to others within their community,” said Mr Britton.

“When a person with dementia finds that their mental abilities are declining, they often feel vulnerable and are in need of reassurance and support. The people closest to them – including their carers, friends and family – may also need our support to do everything they can to help the person to retain their sense of identity and feelings of self-worth.”

Mrs Bothamley, a member of Solicitors for the Elderly, and her team advise clients on straightforward Powers of Attorney and Court of Protection matters as well as contested applications.

Anyone interested in supporting The Pam Britton Trust can call Mr Britton on 07867 698073 or Age UK Warwickshire at its office in Clemens Street, Leamington, on 01926 458100.

CAPTION: Donna Bothamley with Tony Britton (centre) and commercial lawyer Kevin Mitchell.

A Leamington commercial solicitor has marked his 20-year business association with a local couple running care homes by completing the purchase of a further property in the town.

Representing Barry and Eibhlin Thorpe-Smith, Kevin Mitchell of Leamington solicitors Blythe Liggins handled the purchase of Adelaide House in Adelaide Road, a 23 bedroom residential care home previously owned by David and Breda Sutton, who converted the building in 1984.

“We have worked with Kevin for 20 years and he has handled all the transactions with our care homes business, as well as our own conveyancing,” said Mr Thorpe-Smith. “His business acumen and knowledge of commercial law have been invaluable to us.”

Mr Mitchell said: “They really care about elderly people and although they retired three years ago it was inevitable that they would return to the care home business so when Adelaide House came on the market they didn’t hesitate and instructed me to handle the buying of the business.”

The couple, who met in Saudi Arabia where Barry, an accountant, was a hospital administrator and Eibhlin was nursing, bought their first 12 bedroom room care home in Clarendon Avenue, Leamington Spa, in 1991 and went on to own four homes in Leamington and a fifth in Pershore, with 35 bedrooms.
“We tried retirement but once we heard that Adelaide House was on the market the pull was too much for us,” said Barry, who is from Leamington where father Rick was deputy headmaster at Campion School until his retirement in 1983.

His wife Eibhlin said: “It wasn’t so much another business venture for us but a very personal project, one that we will find very rewarding and fulfilling.”

CAPTION: Care home owners Barry and Eibhlin Thorpe-Smith with solicitor Kevin Mitchell (left).