With ‘divorce day’ fresh in the memory, a Midlands solicitor has advised couples thinking of going their separate ways to seek specialist legal advice.

‘Divorce day’ was known as the first working Monday of the new year when applications traditionally surged, and saw 28,865 divorce applications made in January to March 2023, according to the Family Courts National Statistics.

The start of January still tends to be when enquiries noticeably swell for lawyers and Sophia Mellor, head of family law at Blythe Liggins Solicitors in Leamington Spa, said this spike is often due to couples preferring to wait until after the festive season, mostly in an attempt to prioritise the children of the family.

Enquiries in the New Year can also be due to a stressful Christmas and new year period, when tension and financial pressures increase.

Sophia said: “Many family lawyers see a noticeable surge in enquiries received from people who want to start divorce proceedings in January.

“We certainly see this and we find that enquiries about divorce often start to come in between Christmas and New Year, which is then followed by a noticeable peak around ‘divorce day’ and throughout the rest of the month.”

There has, however, been a change in instructions, which may be linked to the change in the law back in 2022.

Indeed, since April 2022, couples looking to separate can do so through a no-fault divorce, meaning married couples are able to divorce without having to apportion blame for the breakdown of the marriage.

The timing of divorce applications is no longer of relevance, and applicants will generally apply when it is right for them and their family.

Sophia added: “It is important parties seek specialist legal advice if they are deciding to end their marriage.

“Our family solicitors provide sensitive, knowledgeable and practical advice to ensure matters proceed as amicably as possible.

“Crucially, alongside divorce proceedings we can also help with financial matters, which is an extra element divorcing parties need to consider.”

For more information on Blythe Liggins, call 01926 831231 or visit www.blytheliggins.co.uk/services/family-law/divorce.

CAPTION:  Sophia Mellor, Partner and Head of Family Law at Blythe Liggins Solicitors.

Christmas is a time for giving – but what if one of your gifts turned out to be faulty or wasn’t quite what you wanted?

Jagdeep Sandher, head of dispute resolution at Leamington Spa solicitors Blythe Liggins, said there are more legal rights if the product is faulty but that stores are not legally obliged to let you return products if they are unwanted.

He said: “With faulty goods, whether it was bought in store or online, you will usually be entitled to a refund.

“Thirty days from purchase is usually the window for a refund and, after that timeframe, you may be able to have the product replaced or repaired as an alternative – though some retailers will still be ready to offer a refund. If they cannot offer a repair or a replacement then you are entitled to a refund.

“To be classed as faulty, there are legal standards which a product must fall short. For example, if the item is not satisfactory and as described, fit for purpose and able to last for a reasonable length of time, you can certainly put forward an argument that it is faulty.”

Jagdeep added that, while there were certain legal rights around obtaining a refund for faulty products, there was no legal obligation for retailers to offer a refund for an unwanted product which was bought in store.

He said: “If the store-bought good is simply unwanted, retailers are not legally obliged to let you return it – for example, if it’s a piece of clothing which is the wrong size or you don’t like the colour of it.

“However, retailers often tend to offer more lenient policies than this, particularly in the period following Christmas, possibly offering an extended window for exchanges or refunds, so it’s definitely worth finding out.

“If a store has a return policy, this will be stated on the original receipt and they are within their rights to adhere to it. This makes it worth being aware of the return policies on the gifts you buy for others.

“For future reference, it might be advisable to consider putting a gift receipt in with the presents you give as this will make it easier for the recipient if they do want to try and exchange it.

“The rules for online purchases are slightly different. This is because retailers offer a 14-day window for you to give notice of the return, and then a further 14 days after that to send the goods back.

“These are standard timeframes to be aware of but some retailers may offer more generous return policies if you check.”

CAPTION: Jagdeep Sandher, Partner and Head of Dispute Resolution at Blythe Liggins Solicitors in Leamington Spa.

With Christmas in sight, it is crucial for those who co-parent with a former partner to agree the festive childcare arrangements as far in advance as possible, to avoid disappointment and upset, not just to them but also to the children.

Indeed, both parents will be looking forward to spending quality time with their children at this special time of year.

Leaving it to the last minute may mean that a solution cannot be reached in time, as it won’t be possible to take it back to court if steps are taken only a few weeks before.

Even if there is a prior agreement it is sensible, and certainly courteous, for parents to reconfirm the arrangements a few weeks before just to ensure that all is fine, and again to avoid disappointment on the day.

However, if the arrangements have been disrupted again because of an ex-partner, perhaps it could be left until the new year to resolve the issue, once and for all, by entering into a proper agreement.

This would set out the arrangements for Christmas and New Year, as well as other relevant times of the year, so you are not facing the same position the following year.

If an agreement doesn’t work, then there’s the option of seeking advice from a specialist family law solicitor. With their help, the court can be approached for an order which would ensure clarity and, most importantly, stability in the arrangements for the children.

That way, everyone will know what to expect and the children can look forward to seeing both of their parents when next Christmas arrives.

A Child Arrangement Order will set out exactly when the children should spend time with which party, together with details as to the length of stays and arrangements for contact.

Such orders can include detailed arrangements for holiday contact – including Christmas arrangements – meaning that this time next year, a difficult and emotionally draining situation can be avoided.

Whatever the situation, remember that Father Christmas can visit different homes in the same night or on different nights, and that it is all about the magic for your precious children.

CAPTION:  Sophia Mellor, head of family law at Blythe Liggins Solicitors.

A new fixed costs regime has come into force in England and Wales for some types of litigation.

Jagdeep Sandher, head of dispute resolution at Leamington Spa solicitors Blythe Liggins, explains the implications.

The context

There has been a regime of fixed costs in litigation for some time but this has been very limited.

The new fixed cost regime dramatically increases the scope and means that this is likely to apply to less complex cases where the sum sought is between £25,000 and £100,000 where there are no issues of fraud, or £10,000 for personal injury cases.

What is the effect and how does this work?

The effect of these changes is to limit the costs risks to the parties involved in litigation and to fix them for each phase of the case, irrespective of whether the costs go over the limit of that phase.

The amount of potentially recoverable costs depends on what banding the case is allocated to. There are four bands and a case will be allocated to a particular band depending on its complexities.

It is generally for a judge to allocate a case to a particular banding, but there will no doubt be significant disputes between parties looking to have their case allocated to a higher banding to aid with costs recovery if they are successful.

The pros and cons

The benefit of a fixed costs regime is that each party will know at an early stage what its potential costs risk is and allows that party to budget and mitigate such risk.

However, the downside can be where costs actually incurred exceed the recoverable costs. This means that if successful and costs exceed recoverable costs, the successful party may be left out of pocket.

Broadly, the fixed costs regime is positive for those that find themselves in disputes as it allows an early stage risk assessment.

It may also push the parties to consider alternative dispute resolution at a much earlier stage which means that those disputes can be settled with limited costs being incurred.

The fixed costs regime also allows for the recovery of a percentage of damages being sought. The percentage will depend on what stage of proceedings the case settles at but can be as high as 40 per cent.

That will no doubt get parties thinking about settlement at an early stage.

Need advice?

If you find yourself in a position where you are involved in a dispute and would like to discuss your options and your potential costs risks, feel free to contact us by calling 01926 831231.

CAPTION:  Jagdeep Sandher, head of dispute resolution, at Leamington Spa solicitors Blythe Liggins.

Three packed shows for Annabel Greenhalgh and the charities that helped her have raised an incredible £6,000.

Tickets were in great demand for ‘A Doorway to the Stars’ staged in memory of 11-year-old Annabel, a much-loved girl who died suddenly and unexpectedly last year.

As well as the magical shows, which took place at Myton Upper School Hall in Warwick on Friday, November 17 and Saturday, November 18, there was also a merchandise stall and a raffle with prizes donated by local businesses, all helping to push up the amount raised.

The proceeds will go to Annabel’s parents’ chosen charities, the Birmingham Children’s Hospital, where Annabel received treatment, and The Fluency Trust.

The performances by Raise the Roof Theatre Company lived up to their much-anticipated billing and contained a touching mixture of singing, dancing and acting, all by performers from across Warwick who were keen to remember Annabel and the charities that helped her.

Amelia Fewtrill, who wrote ‘A Doorway to the Stars’ and has a close bond with Annabel’s family, said: “The demand for tickets was incredible and clearly shows the impact Annabel had on all those who knew her.

“We were determined to do Annabel justice, especially in front of three packed audiences, and I couldn’t be prouder of all the performers who gave their all and made the shows truly wonderful.”

Donna Bothamley, head of wills and probate at sponsors Blythe Liggins Solicitors, said: “A Doorway to the Stars was a fitting tribute to Annabel and it was incredible to see how the community pulled together to support the event. Our thanks go to Amelia, all the performers, the businesses that donated raffle prizes, and those who enjoyed the shows.

“The amount raised has exceeded expectations and will help two charities that do incredible work.”

Raise the Roof Theatre Company will return in 2024 with ‘The Festive Elves and the Shoemakers’.

CAPTIONS: A Doorway to the Stars. Photo credit to Kirsty Fairweather Photography.

A group of performers from across Warwick are taking to the stage for three special shows in memory of a much-loved girl who died suddenly and unexpectedly in 2022.

‘A Doorway to the Stars’, a magical mixture of singing, dancing and acting, will be staged at Myton Upper School Hall in Warwick in memory of 11-year-old Annabel Greenhalgh.

Proceeds from the show will go to Annabel’s parents’ chosen charities, the Birmingham Children’s Hospital, where Annabel received treatment, and The Fluency Trust, who help young people with a stammer.

Amelia Fewtrill, who wrote ‘A Doorway to the Stars’, which has led to the formation of Raise the Roof Theatre Company, said: “We are a small group of performers, professional and amateur, across all age groups, from the local community, all coming together for this important cause.

“We’d love as many people as possible to come and enjoy our show, remember Annabel and help raise funds for two worthy causes.”

The performances, which are sponsored by Blythe Liggins Solicitors, take place on Friday, November 17 at 7.30pm and Saturday, November 18 at 2.30pm and 7.30pm. Tickets are £5 each and can be purchased by emailing doorway_to_the_stars@hotmail.com

Donna Bothamley, head of wills and probate at sponsors Blythe Liggins Solicitors, said: “A Doorway to the Stars promises to be a fitting tribute to Annabel and we are so pleased to see how the community has come together to support this event.

“We’re sure it will raise plenty of money for the charities that played such an important part of Annabel’s life.”

For more information on Blythe Liggins, call 01926 831231 or visit www.blytheliggins.co.uk.

 

A leading Warwickshire personal injury solicitor has expressed her disappointment and frustration that there are still no answers more than two years after a devastating Leamington factory fire rocked the community.

An employee tragically lost his life in the incident and many more were deeply affected.

The fire took place at Leeson Polyurethanes Ltd on August 27, 2021 and Claire Kirwan, who is bringing civil claims on behalf of some of those affected by the fire, is calling for more urgency from the Health and Safety Executive (HSE) to conclude its findings.

Claire, a partner and head of the personal injury department at Blythe Liggins, said: “The lack of answers means ongoing uncertainty for those affected by the fire.

“While the HSE have advised that this investigation is not typical due to the size and complexity, it does seem to be taking a very long time.

“Throughout my 25-year legal career, I’ve not known a Health and Safety Executive report to take more than two years.

“We’ve been waiting for this report and we’re more than 24 months down the line and it’s still not finalised.”

The Health and Safety Executive is Britain’s national regulator for workplace health and safety.

Claire added: “The work the HSE does is very important but we are disappointed that this report is taking so long.

“I would urge the HSE to really push things forward so that we can have some much-needed answers for those that were affected so badly and continue to be affected.”

Claire, who has appeared on BBC Watchdog and Legal TV throughout her career, will continue to push for answers for her clients.

For more information on Blythe Liggins, call 01926 831231 or visit www.blytheliggins.co.uk.

CAPTION:  Claire Kirwan, Head of Personal Injury & Medical Negligence.

Organisers of Bonfire Night parties could face damages claims if anyone is injured, warns a Leamington solicitor.

Lois Harrison, Principal Associate at Leamington law firm Blythe Liggins, said there were potential serious legal implications of such accidents happening.

This is because party hosts are legally responsible for injuries caused by sub-standard fireworks, poor storage, or failure to maintain an adequate distance from the display.

Also, Lois warned that fireworks, although visually impressive, have the potential to damage neighbouring properties if proper controls are not put in place.

Retailers who sell fireworks or sparklers to children under 18 year of age may also find that sparks fly.

Other firework considerations to remember is that it is against the law for anyone to set off fireworks between 11pm or 7am except on certain occasions, Bonfire Night being one of them, when the cut off is midnight.

Lois said: “Hosting your own bonfire party can be fun, however, it may be best to avoid getting your fingers burned by going to a public display.

“Months of planning and organisation go into a properly organised event, so the safest bet is to attend one of these which should ensure a safe and fun evening for all.”

For more information on Blythe Liggins, call 01926 831231 or visit www.blytheliggins.co.uk. 

CAPTION:  Lois Harrison from Blythe Liggins warns bonfires may spark compensation claims.

The Myton Hospices recent Charity Dinner at Coombe Abbey has surpassed all expectations and raised an incredible £44,000.

The event on September 23 well and truly lived up to its billing as one of Warwickshire’s most anticipated and mouth-watering fundraising events.

Leamington solicitors Blythe Liggins was a Champagne sponsor for the gala evening and is a long-standing supporter of The Myton Hospices.

The special evening had a fantastic mix of delicious food, fantastic entertainment, an amazing auction and incredible prizes.

Donna Bothamley, head of the wills and probate department at Blythe Liggins, said: “Blythe Liggins was delighted to be Champagne sponsor for The Myton Hospices Charity Dinner and we’re thrilled it was such a success.

“The Myton Hospices is our long-standing named charity. It provides vital services for terminally ill people and their families across Coventry and Warwickshire and fundraising events like this help deliver the amazing support it gives.”

The Myton Hospices needs to generate £10.5 million this year to provide its services for free.

Charlotte Ingram, director of income generation and supporter engagement at The Myton Hospices, said: “Our charity dinner was an unforgettable night of fabulous food and great entertainment.

“Most importantly, it helped raise a significant amount for The Myton Hospices, enabling us to support more people, when they need us most. We would like to thank Blythe Liggins and all of our wonderful sponsors and supporters who helped to make the night such a success. ”

For more information on The Myton Hospices, visit www.mytonhospice.org.

For more information on Blythe Liggins, call 01926 831231 or visit www.blytheliggins.co.uk.

CAPTION:  Meganne Gill-Swift (left), events and campaigns fundraiser at The Myton Hospices, with Donna Bothamley, head of the wills and probate department at Blythe Liggins.

Two solicitors at a leading Warwickshire firm are celebrating their well-deserved promotion.

Lois Harrison and Jessica McDonnell have been promoted to Principal Associate and Senior Associate respectively at Blythe Liggins Solicitors in Leamington Spa.

Lois, who started at Blythe Liggins as an administrative assistant, now specialises in personal injury and medical negligence. She gained a first in her law degree from the University of Law in Birmingham before completing the Legal Practice Course. Lois said: “I aspired to a career in law from an early age am delighted to have been promoted to the position of Principal Associate at Blythe Liggins.

“I pride myself on my analytical mind and attention to detail: doing the best for my clients is what drives me and providing a first-class service is something I pride myself on.”

Lois is a member of the Association of Personal Injury Lawyers (APIL) and has almost 10 years’ experience in dealing with a wide range of claims, including the specialist area of medical negligence.

Jessica, who joined Blythe Liggins in 2014 straight from university and now works in the private client department, said: “Blythe Liggins is a firm which believes in its staff and provides every opportunity for progression.

“I’ve been with Blythe Liggins for over nine years and I am overjoyed with this promotion to Senior Associate.  I will  use this promotion to continue to provide my clients with the professional advice and support that they require from me.”

Jessica read Law at the University of Gloucestershire and completed the Legal Practice Course at the University of Law in Birmingham, before qualifying as a solicitor in 2020.

David Lester, senior partner at Blythe Liggins, said: “Lois and Jessica are a credit to the legal profession and to this firm and I’m delighted they have both been promoted within Blythe Liggins – which is well deserved.”

Outside of work Lois enjoys keeping fit and has taken part in a number of charitable runs, while Jessica is a keen marathon runner and has completed several marathons and half-marathons.

For more information on Blythe Liggins, call 01926 831231 or visit www.blytheliggins.co.uk.

CAPTION: Lois (left) and Jessica (right), pictured with David Lester, are celebrating promotion at Blythe Liggins Solicitors in Leamington Spa.