Monday, 27 February 2012

Compensation for delay in referring patient for physiotherapy

Compensation recovered for a Claimant who had a delay in referring her for physiotherapy which only took place some months later which had caused her condition to actually become worse. 

For further details on this or indeed any other clinical negligence claims contact:

Simon Bransby at or call 01603 877064

Abdominoplasty error leads to compensation payment

A five figure sum recovered for a young lady who had routine plastic surgery but had not been properly assessed and the hospital had not taken her through a proper consent process.  She has been left with scarring and a psychiatric reaction. 

For further details on this or indeed any other claims contact
Simon Bransby at or call 01603 877064

£30,000 compensation claim for HIP replacement hospital error

In excess of £30,000 recovered for a hip replacement which was carried out negligently when a globule of cement was dropped into the hip causing a thermal burn to the femoral nerve and required remedial surgery  After an initial period of disability the Claimant had made a reasonably good recovery but needed care and assistance from his partner in the early days. 

For further details on this or indeed any other clinical negligence claims contact:

Simon Bransby at or call 01603 877064

Childbirth failure leads to compensation payment

Compensation recovered for a lady who had a swab left inside her vagina following a routine childbirth.  Fortunately the swab was detected quite early on but still resulted in a period of pain and suffering and extreme discomfort. 

For further details on this or indeed any other clinical negligence claims contact:

Simon Bransby at or call 01603 877064

Compensation of £50,000 for hospital failure to convey test results

This is an interesting case where the Claimant was suffering symptoms of an overactive thyroid. Tests were carried out by the hospital which revealed he did in fact suffer from this condition but they never communicated the results to him and he was only told some three years later. In the meantime he had lost his job due to concentration issues linked to the problem.  Settlement reached for over £50,000 to reflect this.  

The case was complicated by the fact that although the Claimant had lost his job, he was able to obtain some part-time work and a large part of the fact he could not work was due to the current economic climate, which the Defendants alleged but we were able to say he had lost his original job as a direct result of the negligence and therefore the Defendants had to pay the price.  The settlement reflected that most of the Claimant’s loss of earnings were in fact recoverable. 

For further details on this or indeed any other clinical negligence claims contact:

Simon Bransby at or call 01603 877064

Bus accident leads to five figure compensation claim

Significant five figure sum recovered for Claimant who was injured when his car was hit but a bus.  The case was particularly interesting as he muddled by trying to carry on working but eventually had to give up, suffering a psychiatric injury which was not of immediate onset. 

Arguments from the Defendant as to what caused the psychiatric injury were put forward but the compensation agreed reflected the fact the Claimant was able to recover all of his loss of earnings. 

For further details on this or indeed any other personal injury claims contact Simon Bransby at or call 01603 877064

Injury at school leads to compensation payment

Compensation recovered for a child who was injured in a PE class which was improperly supervised by a teacher.

The Defendants had denied liability for a number of years and the case involved having to employ a leading expert on physical education within schools. 

For further details on this or indeed any other personal injury claims contact:

Simon Bransby at or call 01603 877064

Injury with saw leads to compensation payment

Five figure sums recovered for 2 Claimants, one of whom was not properly trained in the use of a saw, and suffered serious injuries to his hand and another, a cleaning lady who recovered compensation when she tripped over a “Henry” style hoover which she was using and fell down stairs.

The cleaning lady was a particularly interesting case as she was a foreigner and often required the help of an interpreter. 

For further details on this or indeed any other personal injury claims contact:

Simon Bransby at or call 01603 877064

Hair Extension compensation claim

Compensation recovered for a model who had hair extensions applied which caused her hair loss and aggravation of her scalp.  The award included loss of earnings for missed modelling sessions as well as a cancelled holiday. 

This was quite a complicated claim as there was a clear dispute between the parties as to the facts of the case. The Claimant said that she had relied upon the hairdresser’s experience and expertise in telling her what the best product was to give her the effect that she wishes for but they failed to take into account a number of factors, carry out a strand test, properly counsel her about the risks.

The hairdresser then ignored her complaints that there was a problem for too long meaning that by the time the extensions were removed they had caused irritation to her scalp and hair loss, requiring use of hair growth tablets, special shampoo and precluded her from being able to use a hair dryer, or any hair products such as hair spray, hair gel and such like. Inspite of the dispute as to the facts of the case and continued denial of liability, upon taking the case to court the Defendant backed down and paid the claim on a full liability basis (although without making such an admission).

If you have suffered in this way and require a free and no obligation consultation with us please email Simon and we will be happy to help. 

Simon Bransby at or call 01603 877000

Sunday, 19 February 2012

How much holiday can I take?

There is a minimum right to paid holiday; if you work five days per week you are entitled 28 days for someone working five days a week. This is capped at a statutory maximum of 28 days for all working patterns. Part-time workers are entitled to the same level of holiday pro rata. You start building up holiday as soon as you start work. If you started work on or before 25 October 2001 (14 April 2002 in Northern Ireland) there are no legal rules about how your holiday builds up

Your employer can control when you take your holiday and provide in your contract for you to have more holiday than you are entitled to under current law. You get paid your normal pay for your holiday. Once you finish a job, you get paid for any holiday you have not taken.  Bank and public holidays can be included in your minimum entitlement. You continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave.

You must give your employer advance notice that you want to take holiday. This notice should be at least twice as long as the amount of holiday you want to take.

Your employer can refuse permission for your holiday as long as they give you notice which is at least as long as the holiday requested. So to refuse a request for a week's leave, they would have to tell you a week in advance. Your contract may set out other rules about when you can take your holiday. This is allowed so long as the rules don't effectively prevent you from taking holiday at all.

In light of a recent European Court of Justice (ECJ) ruling, the following is applicable if you become ill during your holiday or just before you were due to take it. You can ask to convert the period of holiday concerned to sick leave and ask to take the missed annual leave at a later date.

Statutory annual leave cannot be replaced by a payment in lieu except where the worker's employment is terminated (Regulation 13(9) Working Time Regulations 1998). Employers are able to make a payment in lieu of any additional, contractual holidays, as long as this provision is contained in the employee’s contract.

Regulation 13(9) prevents the carry-forward of the four-week element of statutory leave entitlement.

Maternity leave and holiday entitlement

Holiday entitlement continues during maternity leave.  Some employees may ask to take their statutory holiday either before or at the end of the maternity period depending on how much holiday statutory holiday entitlement is available.  As statutory holiday is taken through the notice procedure above if employer and employee are in agreement then the unused holiday entitlement can be taken when the employer and employee agree.   There may be a problem taking statutory holiday at the end of the maternity if this means the unused statutory holiday is carried over into the next holiday year.  If this were to happen then if the holiday is not taken before the end of the holiday year the employee loses the holiday, as it is unlawful to carry forward any of the unused statutory holiday.  Essentially therefore the holiday should be taken before maternity leave commences.

Check however as if the employee has had holiday before the maternity leave commences and there is only contractual holiday due then providing the contract provides for the contractual holiday to be carried forward and or salary to be paid in lieu then there should be no problem.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at

Monday, 6 February 2012

What is a Home Buyers Report?

This is a survey of a property you may be looking to buy that’s much more detailed than the basic valuation. It’s for your benefit, rather than the mortgage lender.

It will highlight potential problems with a property, such as subsidence, damp or woodworm. This can help you decide whether to go ahead or not with the purchase, or whether to look to renegotiate the price.

It is always a sensible (and we would say essential) precaution to have a survey of your purchase property especially if the property is an older build. 

A recent Which? Survey disclosed:

‘Those who missed problems spent an average of £2,500 putting them right. One in ten spent more than £10,000. Mark Morris from Newbury told us: ‘Since moving in, I’ve found the rot and damp was much worse than I thought. I’ve also spent several hundred pounds making the electrics safe.’ A quarter said that if they’d known in advance, they would have tried to renegotiate the price, and more than one in ten said they wouldn’t have bought at all'.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at

Wednesday, 1 February 2012

Government to support buyers of new build homes

The Government has today announced it will in March launch a scheme which is aimed at those looking to purchase new-build homes.  

The ‘NewBuy Guarantee scheme’, will allow lenders to offer large mortgages on new-build homes without running the risk of losing money if the property falls into negative equity and is repossessed. Essentially the loan will be guaranteed by the developers and government (taxpayers).

It is hoped this will enable would be movers looking to buy a new-build property up to the value of £500,000 to overcome the problem of finding  large sums of money to put down as a deposit.  The scheme is looking at underwriting 95% mortgages.

It is reported, Nationwide building Society, one of the lenders which will take part, is currently working with the government to work out exactly how the scheme will operate.

The Council of Mortgage Lenders said discussions are on-going, and when the final details are announced the £500,000 cap could vary around the country.

MJP Conveyancing welcomes this move but as similar schemes have in the past operated  with little impact, we will wait and see what affect this will have on lifting the deposit affordability barrier which continues to dampen the growth within the property market.

Morgan Jones and Pett solicitors offer a fast, low cost and professional home moving service with prices starting at £230 plus VAT. Call now ion 01603877001 or via email at for a FREE quote

Flood risk alert for future home owners and coveyancers

Buying a property that may be within the range of a flood plain has become even riskier due to the news that around 200,000 homes at risk from flooding could face problems getting insurance from next year.

Properties that have a 75% chance of flooding in any one year are those most at risk. Boston and Skegness in Lincolnshire is the constituency with the most homes at significant risk of  flooding with 7,550 properties under threat, followed by the Vale of Clwyd (7,339 homes), Folkestone and Hythe (7,196), and Windsor (7,125). Some properties in Great Yarmouth also fall into this category.

The reason for this is that an existing deal with the Government expires in 2013 and time is running out for ongoing talks about a new safety net arrangement.

The Association of British Insurers’ director-general Otto Thoresen said: "Insurers want to make sure that every home has access to affordable insurance, should the worst happen, and we're concerned that those people most at risk will lose out unless the Government considers a safety net.

"We are frustrated with the progress of our talks with the Government on this issue and want it to look urgently at a model that would allow flood cover to remain widely available and competitively priced. No country in the world has an entirely free market providing universal affordable flood insurance, and action is needed now to avoid 200,000 high-risk homes struggling to afford cover."

The possible non - availability of insurance may make it more difficult for people to find a mortgage for properties in the affected area and may lead to current home owners in those areas feeling trapped. 

Those acting for prospective owners of such property need to keep a close eye on this development and to warn clients of the what is happening and how this could affect the future value of the property.    Looking more closely at environmental reports and assessing the risk of flooding will clearly be needed as will the requirement to report the risk if indentified to the lender.

Unless Government acts quickly to extend the current arrangement we could see a large number of transactions failing over the next 12 months. 

By David Pett Solicitor and Partner

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at