As the pandemic continues, local law firms have reported a huge surge in the number of people wanting to write their wills.

As the Law Society attempts to put pressure on the Government to relax the rules about witnessing wills, local lawyers have been innovative in meeting the demand for new wills, or the updating of existing ones.

Donna Bothamley, Head of Wills and Probate at Leamington solicitors Blythe Liggins, is one of those introducing news way of getting the document signed, whilst observing strict social distancing.

She said: “A global pandemic certainly concentrates the mind, so it’s not surprising that we are seeing a huge increase in the number of people seeking our help.

“The difficulty is that wills have to be signed in front of two witnesses, who must then also sign the document – which is tricky when following demands for social distancing. We’ve actually had clients and witnesses signing wills on a car bonnet outside our offices, or sitting on the bench we have provided.

“The initial contact can be made by telephone or email and then instructions can be given over video calls. We can then arrange for the will to be signed at our office, where we will arrange safe social distancing. Alternatively, if they are self-isolating, we can arrange for the will to be signed at home with two neighbours, acting as witnesses, looking over the garden fence – at a safe social distance – or through a window.”

Mrs Bothamley said there is also a sharp rise in the number of people setting up Powers of Attorney documents, in case they become ill and required a family member or someone else to manage their affairs.

 

CAPTION: Donna Bothamley, Partner and Head of Wills & Probate

It may take a little longer than usual, but you can still secure your dream home…..

The Covid 19 pandemic has had quite an impact on the property market and if you are in the middle of moving house right now it can be difficult to decide what to do.

There are currently no formal restrictions on moving home although the guidance from the Government is that where possible buyers and sellers are encouraged to delay moving until stay-at-home measures are no longer in place. If the house you are moving into is empty you may proceed so long as you can observe social distancing and self-isolating rules. Removal companies have been advised to cancel all but the most essential moves so the practical logistics need to be considered carefully.

If you have already exchanged contracts then you should seek advice from your solicitor to see if it is possible to delay completion with the agreement of other parties in the chain.

If your mortgage offer is due to expire before you are able to complete then you should contact your mortgage lender or financial adviser to see if they are able to extend your offer until restrictions ease.

If you already have a mortgage and are not able to make payments your lender may agree to delay payments. However it is important to consider that missed payments and interest will be added on to the balance of your mortgage and future monthly payments may be higher.

In these uncertain times it is important to seek advice on how to secure your dream home.  We are still working, although behind closed doors, often progressing matters to the point of exchange, so that when restrictions are lifted completion can take place quickly. We are always ready to discuss your present or future property move so please do not hesitate to get in touch.

 

 

A Law Commission report published this week makes a number of important recommendations for changes to the powers and jurisdiction of employment tribunals. It recommends enlarging employment tribunals’ jurisdiction to include breach of contract claims during employment; raising the limit on breach of contract claims to £100,000 (up from the current limit of £25,000); and extending the time limit for all employment claims to six months (currently the majority of claims must be brought within 3 months).

Blythe Liggins’ employment lawyer, Richard Moon says:

“Although the Law Commission has no power to change the law, its recommendations are expected to be considered by the Government in due course and in the past, more than two-thirds of its law reform recommendations have been implemented”

“These changes, if implemented, could lead to a surge in employee claims”

Most businesses will have a standard insurance policy sold to them by a broker or bought direct from an insurer.

In many such policies you will find a section insuring the business for business interruption. Within that section the business may have cover if it is forced to close because of a contagious disease.

If you are a business closed because of coronavirus you should check your policy wording and contact your broker or insurer.

If you are not satisfied with their response please contact Richard Thornton at Blythe Liggins. We have an experienced team of dispute resolution lawyers who are here to help.

 

Every business has been impacted by the Coronavirus pandemic. Those businesses worst affected will be looking at their options including cutting costs, restructuring and making redundancies. But these are tough decisions and employees will be fighting for their livelihoods. An employer may well decide that a settlement agreement is the way to go to avoid the risk of an employee claim.

Blythe Liggins has had a specialist employment law team for over 25 years. We have helped many businesses through difficult times and have prepared bespoke settlement agreements in the toughest of challenging situations.

Blythe Liggins is here to help you.

If your business needs help with the tough decisions then please contact Richard Moon.

CAPTION: Richard Moon, Partner and Head of the Employment Law Department

It is not surprising in the current climate that we are seeing a huge increase in the number of people asking to make new Wills or updating existing out of date ones that they already hold. A global pandemic certainly concentrates the mind. People are usually quite aware of the issues that can arise if you don’t leave an up to date Will, but it is just one of those things that many don’t quite get around to sorting out.

But how do I sort my Will, whilst I am working from home and trying to home school my children? Or, how do I do my Will whilst I am self -isolating? Is there anything else I should be thinking about to make sure my affairs are in order?

The Law Society and Solicitors for the Elderly Group have both been putting some pressure on the Government to introduce emergency changes to the law to relax the rules about witnessing Wills. For now, however, the rules remain as they have for a long time. A Will is only valid if signed in front of two witnesses, who are both present at the same time and who both see the testator signing. The witnesses must then also sign the document.

Initial contact can be made with your professional advisor by telephone or email and Will instructions can be given over video calls. Wills can then be signed at a safe social distance arranged by your professional advisor. Alternatively, you can sign at home with two neighbours looking at a safe social distance over the garden fence or through a window.

Whilst reviewing your Will, it is also a good time to think about whether you ought to be setting up Powers of Attorney documents in case you become ill and require a family member or other person to be able to manage your affairs for you.

Whatever your requirement there is no better time to put your affairs in order, whilst we are all spending more time at home with our families and have the chance to discuss matters. The team at Blythe Liggins are here to help so call us to discuss your requirements.

 

CAPTION: Donna Bothamley, Partner and Head of the Wills & Probate Department

Covid-19 has had a negative impact upon many aspects of our daily lives.

People have been unable to go on holiday, let alone spend time with their friends and family socialising. It would be easy to imagine that, against this background, the Family Court system might have seized up to the point where husbands and wives in unhappy marriages are unable to commence divorce proceedings nor sort out finance and property matters as well as children issues, where they arise.

Not so.

Human ingenuity, in a time of crisis, has borne fruit and the Family Court system is alive, operational and fit for purpose.

Sir Nicholas Mostyn, one of the leading Judges in the UK, has introduced a brilliant initiative which enables private Court hearings to take place with a view to resolving finance and property issues. Quite naturally, to save time and cost, an application to the Court is a matter of last resort but at least with this initiative, finance and property issues can be resolved and people freed from what may be an unhappy and untenable marriage.

Family Law is alive and well, and able to serve those husbands and wives who need to put the past behind them and look forward to a brave new world. Contact one of our family team if you need advice on separation, divorce or any other family matter.

CAPTION: Andrew Brooks, Partner and Head of the Family Department

With Government guidance telling us only to go out when essential and not to mix with people who do not live in our household, what happens to children whose parents live apart? Can they still see both parents as they did before the restrictions?

Whether you have an agreement with your ex-partner or there is a Court Order in place, in the current uncertain times, it can be difficult to establish whether the existing or intended arrangements should continue or whether they should be altered in some way or even cancelled altogether.

The guidance received from the Courts and Tribunal’s Judiciary is quite clear: the expectation is that parents must care for their children by acting both sensibly and safely when making decisions about where and with whom their children should spend their time.

The Government guidance that was issued alongside the ‘stay-at-home’ rules on 23 March 2020 states that although children must not be moved between homes, there is an exception where parents do not live in the same household: children under the age of 18 can be moved between their parents’ homes.

This of course is on the basis of a careful assessment that parents must undertake together, as they remain jointly responsible for their children and therefore must make decisions together in the current crisis and focus on the best interests and safety of their children.

The guidance from the Courts and Tribunal’s Judiciary goes on to say that the best way to deal with the current difficulties is for parents to communicate with one another and discuss the worries they may have and hopefully reach good and practical solutions together.

The key message for parents that may be affected by the current crisis is this: where the coronavirus restrictions cause existing agreements/orders to be varied in line with the best interests of their children, the spirit of the order or of the agreement must be delivered by making safe, alternative arrangements for the children.

Let us not forget that our children’s lives have already been disrupted tremendously, given that they have been unable to go to school or social clubs for several weeks now nor spend time with their friends. Stopping them from seeing their other parent cannot possibly be in their best interests, unless of course it places them at risk of harm, in which case parents must use their common sense and make the appropriate decision in line with the best interests of their children.

If in any doubt as to what may or may not be in the best interests of a child or what may put a child at risk, please take advice from a specialist solicitor who can assist in these uncertain times so that the rightful decision is made for your children whilst ensuring their safety.

Blythe Liggins remain open for business and can provide that advice. We are not open for business “as usual”, as our offices are currently closed to the public in accordance with government guidelines, but we are still working behind locked doors and providing vital legal services to our existing clients and new clients.

Please be and keep safe and continue to provide safe care and arrangements for your children.

CAPTION: Sophia Mellor, Associate Solicitor in the Family Department

The Christmas season is normally a favourite time of the year for many families. However, for some, it may also be the worst time and certainly not one to look forward to.

Amongst us are those who appear to be in a happy family unit and indeed a happy marriage and yet, behind closed doors, it is not quite so. The mere thought of spending all that time together therefore becomes most stressful and a source of anxiety.

It is the thought of welcoming the extended family for the Christmas lunch and having to play happy families not only in front of the children but also in front of parents, siblings and in-laws. It is also the thought of the aftermath and how things will be going back to how they were, or even worse.

There is then a constant flow of mixed emotions: the hope that things might improve in the New Year and beyond and regrets for not ending a relationship that died a long time ago before the festive season. There is also a feeling of loyalty and duty to the children not to separate and break a family that could potentially still be happy.

Such parents usually have the comfort and security of a work routine throughout the year and so holidays, including the Christmas break, in families such as these, will normally be a source of torment and stress. This partly explains why there is usually a surge in divorce proceedings being initiated in the New Year, when some of these couples realise that their family situation cannot continue indefinitely.

Christmas is a time of the year when people should be happy. It simply cannot be right that people must sit with their family and others, suffering in silence, whilst others are enjoying themselves regardless of what pain some might be in. In fact, those enjoying themselves might not know anything about the situation and assume that all is well.

There is no right or wrong time to initiate divorce proceedings. Whether it is long before Christmas to end tensions during family gatherings, in the New Year in order to make a fresh start, at the start of the summer to prevent instability with the children’s current school year, it will be the right time whenever one decides to do what’s right for one’s family.

Support is available to any couple facing difficulties in their marriage, whether by way of marriage counselling to repair whatever damage has been caused, or by way of taking legal advice if the marriage has indeed come to an end. There is light at the end of the tunnel and divorce may actually be the start of a happier life. As they say, life is short and so one must be happy, including at Christmas time.

So, if you are one of the above referred to and are worried about the forthcoming festive season, try to think of the positives: this might be the last year you have to pretend. A much happier decade awaits you in the New Year, so it is the time to be jolly after all.

A very Merry Christmas to you all and a happy and healthy 2020.

Caption: Sophia Mellor, Solicitor in the Matrimonial Department at Blythe Liggins LLP

Countless people are treated by doctors, nurses, dentists and other medical professionals on a daily basis. Fortunately, the standard of healthcare in the UK is generally excellent and we can trust our medical professionals to provide good quality treatment.

It is the case, however, that things can go wrong and the outcome may not be what was expected by the patient. In many such cases, this is not due to fault on the part of the doctor but due to the medical condition of the patient before treatment began or complications which happen regardless of the care and skill of the doctor. Our bodies are complicated and individual to us and it is not always possible for a doctor to control the outcome of treatment, hence why we are warned of the risks of any procedure in advance so that we can make an informed decision about proceeding.

Our medical profession work incredibly hard in often difficult circumstances and, on the whole, genuinely want to help people. All professional people must, however, be accountable and should a medical professional act in an unreasonable manner and a patient suffers unnecessarily or even dies as a result, the English justice system rightly allows the wronged person (or their family) to pursue a negligence claim.

The first thing that must be established in such a claim is breach of duty. You need to prove that the medical professional acted in a way that fell below a standard considered as reasonable for their experience and specialism. Provided you can establish a breach of duty, you then need to show that the breach of duty caused you to suffer an injury which you would not otherwise have suffered. You have to prove both elements in order to succeed with a claim. It is sometimes possible to establish breach of duty but not causation, in which case the claim would fail. An example of this is where you can prove that a doctor was negligent in failing to diagnose your cancer but, even if it had been diagnosed earlier, your outcome would have been the same in any event.

If you succeed with your claim, you are entitled to be compensated for your pain, suffering and financial losses, both past and future. Some people suffer life-altering injuries meaning that they cannot return to their chosen career or their family now need to care for them.

Medical Negligence claims will not succeed where a medical professional has acted reasonably and so, if you have concerns that you may have suffered medical negligence, speak to one of the specialist solicitors at Blythe Liggins for an initial view on 01926 831231.

Caption: Claire Kirwan, Partner and Head of the Personal Injury Department at Blythe Liggins.