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 simonbransby@m-j-p.co.uk 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 simonbransby@m-j-p.co.uk 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 simonbransby@m-j-p.co.uk 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 simonbransby@m-j-p.co.uk 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 simonbransby@m-j-p.co.uk or call 01603 877000

New approach to the offer of mortgages

Changes put forward by the Financial Services Authority will introduce some of most significant changes to the mortgage market this country has seen in recent times.

The FSA new rules for banks  to follow on approving mortgages are designed to make sure customers are not able to borrow more than they can afford. They include a ban on self-certification mortgages, new rules for those seeking to remortgage, stricter rules on interest-only mortgages, improved affordability checks, and a change in the rules on how advice is given by mortgage brokers.

These changes have come about prevent another boom in mortgage lending and in house prices. This is what happened in the middle of the last decade and why some right wing commentators say we are now facing one of the worst financial disasters ever witnessed.

So how does the affordability test, as proposed, work?

A lender will consider how much you spend on essential household expenditure such as heating and council tax plus basic living costs and other debt commitments. If these changes are implemented a lender will no longer have to consider how much you spend on discretionary spending such as on leisure activities and holidays as it will expect a borrower to change spending habits if the borrower wishes to succeed with the loan application.

Lenders will also apply a “stress test” on your finances so as to assess your ability to afford your mortgage repayments if interest rates rise in the future.

What about interest only loans?

Borrowers will only receive an interest-only mortgage if it can be proved there is a robust strategy to repay the capital, such as from the sale of a second home or have an Isa (Individual Savings Account) or from regular bonuses.

Replacing existing mortgages will also prove difficult under these new rules though the FSA have introduced “transitional arrangements” to help existing creditworthy borrowers that might not be able to move home or refinance as a result. Lenders will be allowed to waive the new affordability rules for existing borrowers if the borrower has met repayments for at least the last 12 months and have not fallen into arrears. Existing borrowers who need to borrow more will however be subject to the new affordability rules.

These new rules are unlikely to change the current attitude of borrowers and in the short term are likely to keep property prices stagnant.  Whether this will assist first time buyers remains to be seen, though our view is that they will only serve to make it more difficult for those looking to get onto the property ladder and force more people into looking to the rental market.   These rules could very well begin to turn our property market into those markets commonly found on the continent where home ownership is not a priority and indeed a goal of those looking for a home.

The rules will create a more stable housing market but one which will be seeing a reduced number of transactions and one where only those who have financial stability and a track record of proving it will be able to become home owners.  Whether this is good for the country as a whole and will lead to a more stable and balanced society will remain to be seen.

As conveyancers, there will be fewer transactions around and as those borrowing will face higher lender fees and perhaps spend more money to prove their track record and credit worthiness, there may be a temptation to make economies elsewhere, and perhaps look to find the conveyancer advertising the lowest price.

At MJP we understand this, and this is why we offer a competitive price for our moving service, but with the commitment to ensure we also provide a personalised service and one in which we take pride.   We are able to offer a quality service at a discounted price because we operate a unique case management system and have quality checks built into every stage of our process.  All out clients can access the system and receive regular updates straight to their phones.

Each client is also assigned his or her very own case handler who will oversee the transaction throughout its course.

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 davidpett@m-j-p.co.uk

"David Pett and his team have been excellent - regular updates and speedy responses to queries. Something that has been problematic with other solicitors in the past" 

Louise Stone - December 2011

Are Banks lending to the legal sector?

I have attended many conferences over the past month or so and have had to listen to one bank representative after another making claims of how wonderful they are when it comes to helping the legal profession.   Often presenting with a smile and twinkle in their eye I have had to sit and listen to how lending to the legal sector is up on the previous year and how they have extended overdrafts and provided loans for practices to develop.

Listening and drifting off to another world it is easy to get lost in the fluffy words and  believe how lucky we are to have banks who despite the deepening recession and meltdown in Europe, are still there to help when help is needed.

Unfortunately the reality bears no relationship to this fairyland rhetoric. Yes, banks are lending to the sector, and perhaps lending is up, but the fact is that a solicitor business is viewed no different from any other business, and unless you meet the credit criteria fixed by some faceless person stuck somewhere is a skyscraper in London, you will not be helped.  It’s as simple as that.

The truth is that banks will only lend when the exposure to bad debt is minimized with security and capital reserve requirements.  Ask yourself how many practices fit this criterion.  Moreover, the very reason for turning to the bank in the first place is that there is nothing in reserve and short term assistance is required. 

In fact banks look at solicitor practices differently, and in a way which  when compared with other businesses makes it even more difficult to satisfy the faceless men who make these decisions.  Most firms are profitable, but face cash flow problems. Apart from those who own the premises they occupy, there is normally no other assets of value in the business other than work in progress.  The problem is that banks when looking at the balance sheet refuse to attach any weight to it, even though the Inland Revenue is quick to value and tax it!  I am not sure why this is so when its no different to stock in a stock room.

So what can be done?  Very little I am afraid to say as the banks hold all of the cards and will clearly dictate the fate of many of those legal practices who are struggling to keep their heads above water.  All I can say is to forget loyalty and shop around.  Although most banks are the same, there are some that are worse than others.  The days of receiving a more favorable hearing if you have been with a bank for some time are long gone.  Loyalty is only a one way street for many of these banks.

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 davidpett@m-j-p.co.uk

Cut NHS compensation payments for clinical negligence by encouraging the delivery of an early apology

There is no doubt that those working in the NHS are committed to their work and we have some of the most skilled and hard working doctors and nurses in the world. 

However as in most sectors even the most trained and skilled employee can make mistakes/omissions particularly under pressure.  Not all mistakes or failures lead to unnecessary death or injury.   Sometimes we may not even beware that an oversight, mistake or omission has occurred.

On those occasions when something does go wrong however we often left feeling aggrieved and lost.    In the main there is very little information given about the situation, we are often left for months not knowing what has happened and who was to blame.    Unfortunately not all doctors and nurses are versed in the skills of PR and general communication.  In fact, another of complaints and claims for compensation would never appear if communication with a patient was given the priority it deserves.

When something goes wrong the first thing we need to know that a problem has occurred, the consequences of that problem, and what the hospital or GP intends to do next.  On top of this, and perhaps as equally important, if not more, is the communication of an early apology.

The number of clients we see who say they would never have dreamt of consulting with us if the Hospital or GP had held up their arms admitted they had made a mistake and apologized.  In all walks of life an apology can go a long way.

Will the situation improve? Sadly no as with the austerity measures there is unlikely to more money pumped into the NHS and therefore the level of communication is likely to decrease rather than improve.

So the next time you hear about the money lawyers are taking out of the NHS with compensation payments and fees, please remember this article and make it known to you local MP that there would be less compensation payouts if more money was invested in the improvement of doctor/administrator/client communication.

Sara Westwood and David Jones are members of MJP Clinical Negligence Team and between them have over 30 years of experience in the sensitive and professional handling of compensation claims arising out of Hospital and GP mishaps.  They can be contacted on 01603877000 or by e-mail at davidjones@m-j-p.co.uk

David Pett who is a partner with Morgan Jones and Pett wrote this Blog Entry.  His role involves the supervision of the firm’s Residential Conveyancing Team.  He also runs the Business Development and IT Team. He can be contacted at davidpett@m-j-p.co.uk

Your feedback would be appreciated – davidpett@m-j-p.co.uk

Loans available to help with divorce costs

It seems that with the probable demise of public funding in family related cases that more and more people will be looking for funding options.  In last week’s FT.com it was reported that the Co-operative Bank has begun offering loans to divorcees to help pay spiralling legal bills.

The article (http://bit.ly/dO6ZHI)  read:

‘The bank, which has its headquarters in Manchester, has entered an agreement with DWF whereby the law firm will introduce well-heeled clients to the bank so they can be considered for a loan.

It has proved a popular arrangement with those who depend on incomes from their estranged spouses, ensuring they can get access to lawyers.

Some private banks already offer so-called matrimonial dispute loans, but lawyers say many have pulled back in recent months and have tightened their lending policies.

David Pickering, head of family law at DWF, said: “The loans are still out there but private banks are increasingly demanding collateral and security. This is often difficult for an ex-wife when the family home, for example, is in joint names of both parties.”

The Co-op loan is unsecured and will be cleared once the divorce settlement is made. As a law firm, DWF is not licensed to provide loans and the scheme is purely a referral one.

Stephen Buckland, senior manager at Duncan Lawrie, a Belgravia-based bank, provides these types of loan, ranging from £25,000 to £250,000, and says demand is growing.

“I am aware that some private banks have tightened up their lending and at least one has pulled out altogether. We have been getting busier as firms of solicitors become aware we offer these loans and we have picked up a number of clients through personal referrals,” he said.

Suzanne Kingston of Dawsons solicitors said she believed funding was still available to clients but on less favourable terms than before the credit crunch.

The Co-operative Bank is part of the supermarket-to-financial services group that is Britain’s biggest mutual retailer. The group itself is gearing up to offer legal services to non-members when the UK legal market opens to greater competition this year and allows new entrants.

Paula France, account manager at the Manchester corporate banking centre of the bank, said: “This is an extension of our longstanding relationship with DWF, where we are seeking to provide facilities to their clients with a view to making the decision of choosing a law firm much easier.”

The number of “big money” divorces has been growing in recent years with estranged spouses winning big pay-outs.

These include the £48m awarded to Beverley Charman after 28 years of marriage to John Charman, the insurance magnate, and the £24m awarded to Heather Mills on her divorce from Sir Paul McCartney’.

Do not buy a house without first checking its condition - could save you misery and money!!

Why buy a house without first checking it is structurally sound?  You would not look to buy a car without making sure it was roadworthy. When you buy a property (other than a new home) you will not have any remedies against your seller if you find out that there is something wrong with the property after you have bought it. It is what we call ‘Buyer beware’.

For this reason we always at MJP Solicitors advise those looking to purchase to obtain a survey. There are various different types of survey.

The most basic is a mortgage valuation. Here the mortgage company surveys the property to ensure that is it worth what they are lending to you. They are not worried about any money that you are putting in and you are not able to rely on these to the same extent as you would a more thorough (and costly) survey.  These reports should not therefore be relied upon. 

The most common form of survey, and the one we recommend, is a homebuyers report. This is much more detailed than the simple valuation and will give you details of e.g. damp problems and roofing issues. You can rely more on this more thorough type of survey. They cost around £350 and represent a sound investment.  To know what you are buying before committing to a property is a must for any home buyer.

At MJP we can organise a Home Buyers Report for you.    We will be paid a commission for putting you in touch with a surveyor.  This is usually around £50.  We make a commitment to share this commission with you if you instruct the surveyor through us.  This all helps to reduce your moving costs.

Our fee for dealing with the legals involved in moving start from as low as £200. For further details please contact davidpett@m-j-p.co.uk