Monday 24 January 2011

Apple customer nearly loses out on $10,000 i Tunes gift card

Gail Davis of Orpington, Kent, nearly missed out on a $10,000 gift card from Apple before because she thought she was being harangued by a time-wasting prankster. Her daughter was the lucky Apple customer to have purchased the 10 billionth application from Apple's store with her purchase of the virtual paper airplane app "Paper Glider"
“I thought it was a prank call,” said Davis. "I said ‘Thank you very much, I’m not interested’ and I hung up.”
Having told the legitimate Apple representative to go away, Davis frantically tried to phone the company back, after her daughters told her the "prank" might have been genuine.

All was resolved when she got through and received her award.

More than 1,000 solicitors support Will Aid charity scheme

Monday 24 January 2011 by Jonathan Rayner


'More than 1,100 solicitors have participated in a will-writing scheme that is set to raise at least £1.5m for nine UK charities.
Solicitors all over the country took part in November 2010’s Will Aid campaign, forgoing their usual fee for preparing a will, and instead asking clients to make a donation to the British Red Cross, Christian Aid, Age UK, NSPCC, Save the Children UK and other major charities'.



Read more on the Law Society Gazette Article  on Will Aid Charity Scheme : http://bit.ly/hAJlB5


RBS Six Nations Fixture List

RBS Six Nations Rugby - a total of 15 exciting games involving England, Wales, Scotland, Ireland, France & Italy.

Fri 4 Feb - Wales v England - Millennium Stadium - 19:45
Sat 5 Feb - Italy v Ireland - Sadio Flaminio - 14:30
Sat 5 Feb - France v Scotland - Stade de France - 16:00
Sat 12 Feb - England v Italy - Twickenham - 14:30
Sat 12 Feb - Scotland v Wales - Murrayfield - 17:00 
Sat 13 Feb - Ireland v France - Aviva Stadium - 15:00 
Sat 26 Feb - Italy v Wales - Stadio Flaminio - 14:30
Sat 26 Feb - England v France - Twickenham - 17:00
Sun 27 Feb - Scotland v Ireland - Murrayfield - 15:00
Sat 12 Mar - Italy v France - Stadio Flaminio - 14:30  
Sat 12 Mar - Wales v Ireland - Millenium Stadium - 17:00
Sun 13 Mar - England v Scotland - Twickenham - 15:00 
Sat 19 Mar - Scotland v Italy - Murrayfield - 14:30 
Sat 19 Mar - Ireland v England - Aviva Stadium - 15:00
Sat 19 Mar - France v Wales - Stade de France - 20:45 

Boy who suffered brain damage at birth awarded £6.4 million

It has today been reported that a boy who suffered severe brain damage during his delivery at an NHS birth centre in Hertfordshire has been awarded £6.4 million in settlement of his medical negligence claim. The payment to Theo, who cannot sit up without support and will never be able to walk, will be made by Barnet and Chase Farm Hospitals NHS Trust on behalf of the Edgware Birth Centre in north-west London. After the hearing, the family's solicitors said the trust "has admitted the birth centre was negligent and was responsible for the appalling injuries suffered by little Theo".

The Solicitors statement said: "Janet and Earnie were told the midwives at the birth centre were better trained and more experienced than many midwives working in hospitals.

"They were also reassured the birth centre would be safer for their baby and in the event their baby needed to be delivered in hospital this would be arranged as fast if not faster than for a woman already in hospital.

"Sadly this was not the case. Janet was left in the care of a student midwife. Theo's heart rate was not properly monitored and the student midwife failed to realise that Theo was in severe distress and needed to be delivered.

"Theo was gravely ill when he was born because he had been deprived of oxygen and there were further delays in arranging for him to be transferred to Barnet General Hospital."

Conservative MP says Lawyers have vested interest in opposing Legal Aid Cuts

Conservative Vale of Glamorgan MP Alun Cairns who backs reform to Legal Aid Cuts has labelled those working in the legal profession as lacking objectivity. He said: "Of course, some of these strongest opponents come from the legal profession whose incomes depend on the money that comes from legal aid so I hardly think they're the most objective people. There's a significant amount of waste and a significant amount of expenditure that could be drawn from elsewhere."

Rich coming from someone who has not had to struggle over the years on a very low hourly rate and who probably has no idea how difficult it is now becoming for a person on limited funds to gain access to the legal system.

UK Justice Secretary Kenneth Clarke has proposed cutting legal aid by £350m a year by 2015. The UK government has said it hopes this will lead to "cheaper and more efficient justice". Funding for a wide range of disputes, including some divorce cases and clinical negligence, is to be axed.

As with most of these cost cutting announcements the Government has not given any detail about the figures quoted, nor has it given any thought of the long term cost of making these cuts. If this forces more litigants to go it alone, how will this impact on Court time and resources? Furthermore by introducing competition this will lead to younger and inexperienced advocates and the number of appeals will no doubt increase as will dissatisfaction amongst the end user.

Despite media perception of the law, most lawyers practising these days are very cost conscious and have had the merits of mediation and conciliation drilled into them from an early age. By making it easier and less expensive to instruct a good and competent lawyer issues particularly those of as social nature are more likely to be resolved quickly and to the satisfaction of the end user than they would if left to the individual or less experienced lawyer to handle. Many lawyers also play the role of a 'social worker' to many clients and help to ensure clients receive the support they need - by removing the lawyer from this environment the Government could very well face larger 'bills' in other areas of social support, and even perhaps increased social unrest.

The message is simple: think long and hard about the impact of these cuts – do not make knee jerk decisions as these could prove costly in the long run.

Latest iPad Rumour

News from 9to5Mac has just emerged to suggest that the rear-facing cam on the tablet's sequel will only be a paltry 1-Megapixel number.
The website delved into the SDK of the upcoming tablet and found in its depths references to the camera as being 1-Megapixel, but the report claims that this will in fact be the same 0.7-Meg lens as is found on the 4th generation iPod Touch. That camera is limited to shots 960 by 720 pixels deep and video at native 720p. Not all that special, given the iPhone 4's excellent 5-Meg cam. The report added: 'The front camera is also said to be the same as is found on the Touch – a 0.2-Meg VGA. Obviously, this cam will be good enough to take part in Apple's Face Time video conferencing, but it's still not awe-inspiring'.



Possible Savings on Stamp Duty

If you are purchasing in excess of £250,000 you may be able to save money on stamp duty. At MJP we can put you in touch with Tax Planners who may be able to save you money. If you wish to take advantage of this service please speak with your case handler when instructing us. Remember our conveyancing fees start at £250 plus VAT. For further information please call Shelley on 01603877001 or e-mail shelleygrint@m-j-p.co.uk

Q&A: Moving your mortgage




Can re-mortgaging really save money?

More often than not more people pay more for their mortgage than they should.  Interest rates charged by some lenders are often high to compensate for the cost of advertising attractive headline interest rates.  On top of this lenders are charging high arrangement fees and levying heavy early redemption penalties. For these reasons you need to check very carefully before committing to any change.

Is there any help around to assist me?

There are professionals around that specialise in this area.  Some work for the lender and can only advise on the lender’s range of products. There are others who are totally independent and who are free to give advice on products from the whole of the market. Be careful however as some charge a fee for their advice whilst others charge both a fee and take a commission from the lender with which the mortgage is placed. It is best to shop around and to always check the rates quoted by the advisor.

At MJP we can put you in touch with an Independent Financial Advisor and if you decide to place instructions with the Advisor and we are paid a referral fee we will be happy to share this with you.

Can I do it myself?

Yes but with care!

Here is a check list:

  • Check the terms and conditions of your existing mortgage to see if there is penalty for switching mortgage. If there is, you must decide if it is worth switching to a different rate or stay put until the penalties have expired.
  • Explore with your current lender if they can offer a more favourable deal
  • Shop around in any event and look towards a different lender to get a better deal.


Could I re-mortgage instead?

Yes.


As well as reducing your monthly payments, you can also use re-mortgaging as a way of releasing some equity that has built-up in your property's value.


Borrowing through your mortgage may be much cheaper than taking out a personal loan, but the debt is secured meaning that if you cannot keep up with additional payments, you could risk losing your home.

Which deal is best for me?

There is a wide choice of  products and here are a few of the more popular ones:

  • Fixed-rate mortgages are ideal for people who want certainty and must be able to regulate how much they will be spending each month.
  • Discounted loans offer a reduction off the standard variable rate for a set period. If rates fall further, the rate that you will pay will also go down. However, when rates rise, so will your mortgage payments.
  • A capped-rate loan will set a limit on the rate you will pay. If rates rise, your payments will not go above that level. However, if rates fall below the cap so will your repayments.
  • Flexible mortgages allow you to overpay and underpay when you choose and without penalty. This is ideal for people who have fluctuating incomes or who want to clear their mortgage early.


What do I need to look out for?

Avoid deals with extended redemption penalties.

Extended redemption penalties are often hidden in the small print of a mortgage contract and are sometimes called early repayment penalties or charges.

Before you agree to a mortgage you should be presented with a key facts document. This should outline all the mortgage charges and small print in plain English.

Always read the key facts document thoroughly and if you are unsure of any clauses take advice. At MJP we can help you and provide advice on any queries you may have.

How do I apply?

Obtain a 'redemption statement' from your existing lender.
This will tell you how much you owe.

You must then complete an application form from your new lender.

Your new lender will value your home. This will cost between £200 and £300.

Most lenders will also charge an arrangement fee.

Some lenders offer dedicated re-mortgaging services with free legal work and valuations but others will charge for this service. At MJP we can offer a legal service for re-mortgaging at prices starting at £250 Plus VAT

How long does it take?

It should take about a month to complete the process, if not sooner

You will get a mortgage offer of advance, if the lender's surveyor is satisfied with the value and condition of your home.

Your new lender will liaise with your existing company.

Once you have received a completion statement from your solicitor or new lender, the process has finished.

For further details on how MJP solicitors can help you please call 01603877004 and ask for David Pett or email david.pett@m-j-p.co.uk

Morgan Jones and Pett Conveyancing Service - 01603877004

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’.

Sunday 23 January 2011

Problems with dental treatment?


Undergoing dental treatment can be an unnerving experience and although most dentists provide a top quality service, mishaps can unfortunately happen.  Some dental can from time to time cause damage and side effects. The question of whether this damage or side effects were caused by negligence is often difficult to determine. The Clinical Negligence team at MJP has experience in investigating this type of case.


Our team has dealt with many different types of cases including:


•            Negligent Root Canal Treatment
•            Dental Claims for Late or Misdiagnosis
•            Misinterpretation of Test Results
•            Incorrect Fitting of Crown / Bridges
•            Periodontal Disease Claims
•            Incorrect Oral Surgery
•            Dental Implant Claims
•            Orthodontic Errors

For further details please email sarawestwood@m-j-p.co.uk

Looking to change the ownership of your property?


Following divorce or separation - or where some other adjustment in the way in which you hold property is required - we can normally within 10 days process the necessary documents to transfer ownership from a joint name to sole name basis and can help ensure that any associated mortgages and/or life policies are also re-assigned.
We also provide clear and sensible advice about the different types of joint ownership to assist you in making clear informed decisions as you purchase your property.

For further details of our service please e-mail davidpett@m-j-p.co.uk

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

Why we should all embrace the Legal Services Act changes


Introduction

The beginning of every year is clearly the ideal time to make resolutions and to do one’s best to stick with them.  For me there can only be one resolution, apart from the obvious of eating and drinking less, and that is to do as much as I can as a partner within a high street practice to make sure that our business makes the most of the opportunity the Legal Services Act will offer when it is fully implemented in October.

There will be no hiding from it.   There was some doubt over whether the remainder of the Act would see daylight.  The Coalition Government as part of its general review of Labour Party introduced legislation was questioning whether the regulation was necessary. It seems however that unlike the infamous HIP regulations, the regulation passed this scrutiny and is now firmly back on course and is to be implemented in full and without revision.   

The question we should all be asking ourselves is whether we should be fearful of this change or whether we should be viewing it as a positive change and one which we should all be embracing.

There are some it must be said grim predictions of carnage in the profession. 

Professor Stephen Mason suggested that one third of the profession might disappear.  This was in an article published in the Times in May 2009.  He said There are currently too many law firms duplicating too many costs...the Legal Services Act will sort this out”.

The opening up of competition will certainly present a challenge to legal practices and no more so than from national corporates.

Tesco has shown little interest so far in providing legal services, unlike the Co-op whose business model appears to be working and indeed growing each year.   I have also read that the CPP Group are in talks with Irwin Mitchell about being able to offer legal services for the price of a pair of shoes! In addition the AA and SAGA have said they will offer legal services to not only their members but also to non-members.

For many firms relying upon conveyancing, Wills, Probate, low value Personal Injury and other types of work that can be commoditised and where there is no emotional involvement or great complexity, there clearly exists a threat from new market entrants offering a cheaper service.  It would be foolish for any of us to ignore this risk.

On the other hand there are many who have already began preparing for the change and who are excited about the opportunities these will introduce in terms of addressing succession concern as well as opening the door to investment offers and cost saving re-structuring options.

This article wishes to review those provisions of the Legal Services Act designed to increase competition in the supply of legal services and to examine and debate both concerns and opportunities.


Background

The origins of the Legal Services Act lie in competition law and the Office of Fair Trading’s Report 2001 entitled “Competition in the Profession”.   In the report, it states:

 “The professions are entrusted with the delivery of services of considerable public importance.  They work within a framework of law, but within that framework, their governing bodies have important degrees of freedom to control rights to enter and practise the relevant professions.  The exercise of these powers can have a significant impact on the economy, on the interests of the consumers, and on society generally, especially where the professions concerned have exclusive rights to provide certain services.  Restrictions on supply in the case of professional services, just as with other goods and services, will tend to drive up costs and prices, limit access of choice and cause customers to receive poorer value for money than they would under properly competitive conditions.  Such restrictions will tend also to inhibit innovation in the supply of services, again to the ultimate detriment to the public.

This was followed in 2003 when the Department for Constitutional Affairs published a document entitled “Competition and Regulation in the Legal Services Market”.

The Government then appointed Sir David Clementi to conduct an independent review of the regulation of legal services. His report was called “Review of the Regulatory Framework for Legal Services in England and Wales” and his foreword set out clearly the three main areas of concerns raised during the consultation process leading up to his report, namely: 

  • current regulatory framework
  • current complaints systems
  • the restrictive nature of the current business structures.

In his report, Clementi states:

I have learnt that certain lawyers dislike being described as part of an industry.  They see a conflict between lawyers as professionals and lawyers as business people.  The idea that there is a major conflict is in my view misplaced.  Access to justice requires not only that the legal advice given is sound, but also the presence of the business skills necessary to provide a cost-effective service in a consumer-friendly way.”

The central thrust of this early material is the emphasis on reducing cost and putting the consumer’s interests at the heart of change.  This is a theme which will be quite familiar to those who have had time to read and digest the recent report from Jackson.  The message that seems to come across loud and clear when one looks at reform in the legal process is the need on the one hand for greater consumer protection, and on the other a drive for further cost reduction. Unfortunately little is said about the difficulty many lawyers have and will continue to face in providing a sound, reliable and consumer friendly service, whilst at the same time making sure that there is enough money in the bank to remain solvent.

I sometimes think the Government would only be completely satisfied if all types of legal advice and services were to be dispensed by bodies like the Consumer Advice Bureau. The reality is that the only reform we seem to be seeing is reform designed with this type of aim very much in mind.

Indeed, Clementi was then followed by the publication of a White Paper entitled “Putting the Consumer First” with proposed introduced reforms along the lines which Clementi had recognised.  In this Paper it states:
 We will create a Legal Services Board, an Office for Legal Complaints, and will take steps to enable firms to provide services under alternative business structures to those presently available’. 

This then led on to the draft Legal Services Bill in May 2006 with the Bill receiving publication on 24 November 2006.  It passed through Parliament and was received Royal Assent on 13 October 2007. 

Alternative Business Structures

From about October 2011, “alternative business structures” (ABSs) will be permitted under Part 5 of the Legal Services Act, allowing participation by a larger proportion of individual non-lawyers in a firm, as well as external ownership or part ownership of law firms, and the possibility of firms providing new and novel combinations of legal and non-legal services. The SRA aims to have rules in place to govern the conditions under which ABSs will be permitted as and when the legislation allows.

There is nothing to prevent legal firms from preparing to set up an ABS;  indeed the SRA encourages the preparation of the setting up of ABSs and these can include for example, a discussion with potential business partners, a non-binding arrangement with a potential business partners for the setting up of an ABS (that is “subject to contract”), registration of company names, acquisition of domain names, an agreement to enter into exclusive negotiations with a potential business partner, or certain conditional contractual arrangements to be activated once the regulatory requirements have been relaxed and all the necessary approvals granted- e.g., an agreement to accept non-lawyers, or an outside investor into the partnership.

ABSs cannot be authorised until the Legal Services Board has finalised the detail of the new licensing scheme so that regulators, such as the Solicitors Regulatory Authority can prepare their own licensing regulations and apply to the LSB to become licensing authorities for the purposes of regulating ABSs.

The SRA has already begun work on the project.  The process will involve consultation and formation of new policies, rules and procedures.  Assuming the LSB approves the SRA’s application, secondary legislation will be needed to give the SRA the necessary powers.

Further information can be found at www.sra.org.uk

What options will the introduction of ABSs present?

The options these changes present to solicitors practices gives rise to many issues and ones which should already without doubt be occupying the minds of practitioners.  I suspect there are not that many firms however, who have begun such considerations. 

The impact of the LSA depends very much on where the legal practice is positioned in the market.  It goes without saying the challenges for a large London based legal firm is going to be completely different to that of a High Street sole practitioner.

            As mentioned above the big question to be answered is whether the ‘High Street’ firms will disappear overnight or whether they will they be able to reinvent themselves and move more effectively within the market than larger firms? 

Furthermore does the LSB spell the end of generalists?  Is the way forward with specialists or will generalists merge with say, accountants to offer a one-stop shop? What about seeking outside investment opportunities?

So what should a Practitioner be doing now in preparation for these changes?

As the above questions suggest, it very much depends on the circumstances in which your practice operates.

I foresee that the larger legal practices based mainly in main financial centres will begin, as they are already doing, to merge with each other and could very well become PLCs.

For those smaller practices like my own where we undertake different types of ‘High Street’ work, but are quite niche in the areas of the law in which we practice, there could very well be a number of favourable opportunities.

There will be a new regulatory structure with the Legal Services Board sitting at the top and with other existing regulatory bodies sitting underneath it.  These include the SRA, the BSB, ILEX, CLC, CIPA and the Faculty Office.  Running alongside all these regulatory bodies it was the plan at one time for there to be a ‘Consumer Panel’ to deal with complaints.  It seems however that this idea has fallen foul of of the Government’s Quango cleansing operation.  The present talk is about merging the consumer panel concept with the CAB.  I am not quite sure whether this would be a perfect marriage given the CAB exists to represent the interests of its clients and is not necessarily the best body to deal with complaints.

This new regulatory structure will present certain opportunities.  In my practice, we undertake both litigation and non contentious work.  We are already giving thought to separating these two disciplines of work and setting up limited companies to act as vehicles for their future operation.  This will then give us the opportunity once the 2007 Act is fully implemented to ‘shop’ and select for each different company which of the regulators we wish to be governed by. There may be some advantage for example for choosing as our conveyancing regulator, the Council of Licensed Conveyancers.  They operate less stringent rules on referrals. We may also witness a ‘costs war’ between each of the regulators in an effort to try and attract new members. 

The choice of regulator and the separation of litigation from non contentious work may also have some beneficial impact upon future legal indemnity premiums.  It may be an ideal opportunity to shop for insurance without the baggage of the whole practice’s claim record.

By restructuring a legal practice and separating the entities of work within it may also make separate parts of the business more attractive to outside investors or at the very least to those new entrants who may be looking to “buy up” existing legal practices. 

One of the main players in the market is the insurer DAS which underwrites over 300,000 legal policies each year and who have already declared an intention to come into the market and offer legal services.  It could very well be looking to expand through the acquisition of existing litigation practices.  By making sure your firm is structured in such a way that perhaps separates litigation from other areas in the practice, and is then able to demonstrate that the separate entity generates a profit, may very well make that entity easier and more attractive to ‘sell’ or merge. 


In my own practice we have a succession problem and one which I am certain is common to many other partnerships.  The ability to separate entities within the practice, to set up corporate vehicles for future delivery of services, and the ability to sell these separately presents a fantastic exit plan and one that ought to be explored by those firms that are facing a succession problem.

It will be possible to sell 100% of the legal practice to a non legal lawyer owner when ABSs are permitted.  As mentioned, there is nothing to prevent legal firms to exploring possible commercial arrangements at this stage.  Firms should be aware of jumping the gun however and should consult the guidance on alternative business structures which can be found on the SRA website. 

Cost Reduction Options

Other options open to legal practices that may be looking to become more competitive so as to be more attractive to outside investment, are the business models that already exist, such as the Keystone Virtual Legal Practice.  Keystones operate from a base in Mayfair in London which is used as a meeting point and a hub for administration.  All of the fee earners working within the firm are known as ‘partners’  and are engaged as consultants.  They all operate from home using the support provided by the administrative hub.  They retain 75% of the profit costs they generate with the other 25% going into a pot.  They are described as the fastest growing legal practice in England and Wales.

The other option is outsourcing.  Kerry Underwood’s firm, Underwoods, presently outsources its RTA portal work to a company in South Africa.  Other legal practices also have invested as we have in digital dictation software which again lays the foundation for outsourcing of typing and support staff.  We should be asking ourselves is it really necessary to operate out of expensive High Street offices, when as some of us already do, work from home. 

There is also the initiative taken by Quality Solicitors who are looking to offer firms  the benefit of adopting their national branding, in the hope that this brand will then be able to compete with the likes of the Co-Op and other new ‘brand recognised’ entrants.  One problem I foresee with the Quality Solicitor model, however, is that what happens if one of these Quality Solicitor firms finds itself on the front page of a national newspaper because of a major failing.  Such publicity is clearly going to have an adverse impact upon the brand as a whole and could lead to the whole thing falling over.  There is also a funding concern when comparing the probable size of their marketing budget with that of the likes of Tesco and the Co-Op. I may be wrong but I do not see how they can sustain a national marketing campaign without having to call upon members firms to contribute large sums of money each year.

So to recap, the options open to small and mid-size legal practices, are to either ‘take the bull by the horns’ and embrace these changes, to take steps to restructure with a view to selling businesses on or to merge, or to look at cost saving structures, such as loose associations between firms whereby a service company is established to provide services to four or five firms so the cost of those services can be shared and reduced.  This is very similar to what is already happening in London where we have seen certain of the Borough Councils joining forces in an effort to reduce overheads.

Our firm has already looked at the idea of forming arrangements with other firms to share referrals, and has recently launched an online referral and tracking  scheme for fee sharing on clinical negligence, RTA portal cases and other areas of law.  We see this as a building block for the creation of a network of smaller and mid-sized firms and to then explore cost sharing initiatives

The other option is to promote and emphasise when publicising business the fact that cheap is not always best.

This can be demonstrated by the fact that not all people, for example, are interested in purchasing the basic product line that Tesco and other supermarkets offer.  These products may appeal to a certain part of the community but are not everybody’s cup of tea.  There will always remain a place for a legal practice that can offer a competitively priced service but one that is based on good and sound principles of service and reliability. The only reservation I have about this is that even though you may be provide very reliable and quality service to clients, unless you have the marketing clout of Tescos or other similar companies, it may be difficult to get your message out to the public as a whole. 

Do something, because simply sitting back and doing nothing would clearly be the wrong thing to do and could very well be the final nail in the coffin.  Do what we have done and take advice from your accountants.  See what they have to say about restructuring.  

Implanon - How we are assisting those with concerns over unexpected pregnancies


The Clinical Negligence Team at MJP have been instructed on cases involving women who have unexpectedly fallen pregnant despite being fitted with the Implanon contraceptive device.
It is reported that over 550 women in the UK have fallen pregnant whilst relying on the Implanon contraceptive implant since its introduction to the UK in 1999. The implant was withdrawn from the market in October 2010 and replaced by a newer version, known as “Nexplanon”.
The manufacturer of the device advises that the 4cm single-rod device, which is situated in the inside of the upper non-dominant arm, is approximately 99% effective in preventing pregnancy. However, it appears that the device is only 99% effective if it is inserted into the arm correctly.
In a number of cases it appears that the Implanon was never actually inserted into the womans arm.
In some cases the Implanon has been implanted so deeply into the patient’s arm that damage has been caused to the bicep muscles and nerves necessitating surgery to remove the implant. In other cases, where the implant was very deep in the arm some women required physiotherapy and other treatment to aid recovery.
If you have become unexpectedly pregnant whilst on the Implanon implant or have been injured by implant insertion and would like to discuss the circumstances of your case please contact either Sara Westwood or David Jones  who are both specialist medical negligence solicitors on 01603877004 or via email sarawestwood@m-j-p.co.uk

Looking to Re-Mortgage? Q&A


What you should consider
When you decide to re-mortgage you will need to have a Solicitor to carry out the legal work involved. Your bank or building society will allow you to choose a Solicitor of your choice. Your choice of Solicitor will influence how quickly and efficiently your transaction is carried out.
How much will it cost?
Our prices start at £250 plus VAT
What do you need to do next?
You will need to make a mortgage application to your chosen bank or building society. We have established links with a number of Independent Financial Advisor's that are available to assist you in finding the right lender for you if you wish.
It is important for you to check how much is outstanding under your current mortgage and whether or not there is any penalty payment if you discharge your mortgage early.  If in doubt please ask your advisor or new lender to check.
Once a suitable lender has been chosen, you will be required to pay a valuation fee to your new lender who will arrange for a surveyor to visit your property, meanwhile the lender will take up financial references. If you are planning an endowment-based mortgage you will make your application for an endowment policy to an insurance company. Your lender or financial adviser will assist you with this. You may choose to use your already existing policy if you have one.
As you make your mortgage application you will be asked to nominate a Solicitor to deal with the legal paperwork. At this stage you should contact us to let us know we are to deal with the matter and to tell us the present whereabouts of your deeds. These will normally be with your existing bank or building society and it is useful if you can give us your mortgage account number.
What we will do to help you?
When you have received your mortgage offer you should return any documents that the lender sends you to sign to the lender immediately. At this stage, we would normally receive the paperwork from the lender. We shall then do the following-:
1. Check the terms and conditions of the mortgage offer to ascertain whether there are any special requirements that need to be complied with. For example, the lender may require certain work to be done to the property before the money can be released.
2. Check your title deeds to make sure they are in order and to enable us to assure your new lender that all the details of the property on the mortgage instructions are correct.
3. Conduct a local search of your property if your new lender requires it. The cost of this search varies from local authority to another.
4. Submit a `report on title' to your new lender to advise if there are any problems with the title deeds or with any of their special conditions.
5. Prepare your mortgage deed and any associated documents that your lender requires you to sign and we arrange for your signature to these.
6. Conduct a Bankruptcy Search for each borrower. This is to satisfy the Lender that you are not bankrupt. A Land Charges Search will also be carried out to ensure that no adverse entries have been made against the property.
7. Ask you what date you would like to complete your re-mortgage and then obtain a redemption figure from your present lender. The redemption figure is the amount that is required to pay your existing mortgage off. We must also redeem any other lending secured on your property.
8. Complete a Certificate on Title and also to request your mortgage advance in sufficient time for completion. You must ensure that your lender or financial adviser has put any new endowment policy "on risk".
9. Register your new mortgage at the Land Registry and finally return your deeds to your new lender after the registration is complete.
For further detail please contact David Pett on 01603877004 or e-mail davidpett@m-j-p.co.uk

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