It is compulsory for a car user to have motor insurance and in the event they cause an accident, their insurance pays for the damage and compensates any injury and it is also compulsory for an employer to have liability insurance for an accident at the workplace, however companies do not have to in law insure against someone getting injured on their premises even if it is proven it was the companies fault.
There are sanctions and penalties for not having insurance in these instances. You may get banned from driving in the future if you drive without insurance and a company can be prosecuted and face big fines for not having valid employers liability insurance. The employer’s liability insurance certificate must also be displayed where your employees can access it. A company can be fined up to £1,000 for not displaying the certificate or failing to make it available to an HSE inspector.
In public places maintained by the Council, the Council usually self insures an area, such as pavements, parks and other public places. We have pursued numerous successful claims against the Council and have won in Court numerous times despite denials of liability by a Council who used a defence to say they had inspected the area previously and found no defects, we have been able to prove in instances those inspections either didn’t actually happen or were not adequate.
However if you go into a pub, restaurant, shop or other public or retail place there is no guarantee that premises is insured for an accident which may occur. In the event of an accident, a company will not only be prosecuted for having no public liability insurance, it will remain liable to the injured party and have to pay all the compensation, its own legal costs and the claimant’s costs out of its own funds however in many cases this would result in the company ceasing to trade and no money being paid to the injured person.
Bizarrely it is not mandatory for an unregulated cosmetic surgery to have any insurance. Treatments can be done by unqualified people and it is common for these people to use harmful chemicals, yet still it is not compulsory to have insurance. If someone sustains harm from negligent treatment then a beauty clinic can simply cease trading avoiding the need to pay the injured person. It is our view that it should be mandatory for salons and therapists to have appropriate public liability insurance because of the potential for damage that can be caused treatment and by the techniques they use. We have acted successfully for clients who have suffered injuries as a result of negligent cosmetic procedures against both insured and uninsured clinics.
We call for the government to make it compulsory for all companies , especially cosmetic surgeries to have adequate insurance in order to compensate any victims of negligence.
McHale and Co are an APIL accredited Practice (Association of Personal Injury Solicitors) which means we are recognised for excellence. It’s really important that the lawyer you choose is the right lawyer for you – so look out for the APIL quality mark logo. We are highly experienced with dealing with all types of claims.
APIL members are accredited individually and by firm. To be accredited, they must satisfy specific and extensive criteria providing evidence of their competency and experience in handling personal injury claims.
We have offices in various locations – Altrincham and Heywood ensuring we are accessible to most. We are not a factory firm, and your claim will be handled by or with the supervision of a highly qualified solicitor. If you have been involved in an accident within the last three years and it wasn’t your fault, simply call us on 0161 928 3848 or email mch@mchaleandco.co.uk
It has recently been well publicised that applications for a grant of probate can now be submitted by individuals online. We have found that this, along with the constant threat of an increase in probate fees and a raft of online ‘how to’ guides, has lead to more and more people questioning – why do I need a solicitor, can’t I just save money and do it myself?
Before you proceed to start dealing with an estate yourself it is worth considering what the extent of your responsibility and liability is in your role as executor and what are the risks you’re undertaking.
Firstly, do you understand what the Will says? Are you able to contact all the beneficiaries? Does the Will create a trust? Is the Will even valid? How would you know if it wasn’t? For anyone who isn’t used to reading and writing Wills understanding the terminology used can be difficult, a misunderstanding could lead to you being liable to a disappointed beneficiary.
If there isn’t a Will how do you work out who is entitled to what under the rules of intestacy? How do you contact distant family members or protect yourself against missing beneficiaries?
While an application for a grant of probate can, in certain circumstances, be submitted online this doesn’t mean that the process is any simpler than it was before. You are still required to give a full account to the HMRC about all assets and debts. Are you aware of all tax allowances available? Do you fully understand the implications of gifts the deceased may have made in the past 7 years? What about annual premiums on life policies or pension annuities, are you able to account to the HMRC about these in full detail?
Once you have obtained the grant it is important that all debts are settled before the estate is distributed. Executors are responsible for ensuring the estate pays any income or capital gains tax that might be due along with all other debts. If any debts are missed and become apparent once the estate has been distributed, as an executor you remain personally liable for those debts regardless of whether you are able to access estate funds or not. How can you be sure all assets and debts have been dealt with? How can you protect yourself against any unknown debts of the deceased?
As an executor you can be held liable for any mistakes you make or for acts you fail to complete. How can you be sure you have done everything you need to? How do you deal with a beneficiary who is pushing you for funds before you feel ready to distribute? What about if a beneficiary wants to take ownership of an asset in lieu of their share, are you able to deal with this request properly and account to the other beneficiaries?
While some estates can be ‘easy’ most are not and in an increasingly litigious society it is important to protect yourself. There is no defence to a lay executor for not understanding their role or responsibilities fully. If you have been appointed as an executor it is important you seek legal advice from a professional, it could be much more costly in the long run if you don’t.
We are always here to help so please call on 0161 928 3848 or email mch@mchaleandco.co.uk. We have face to face, video or telephone calls available respecting safe social distancing requirements.
The housing market has recently been re-opened by the Government, which means it is prime time for new tenants and purchasers to begin the hunt for their forever homes. You may find yourself in a position where you need to evict a tenant in order to sell your property or need to evict a difficult tenant to reclaim ownership of your property, but what do you do when you are facing those issues during a global pandemic?
In respect of landlord and tenant matters the Government passed The Coronavirus Act 2020. The Coronavirus Act 2020 stays all claims that have been issued under the Housing Act 1988 at Court for a 90 day period from 27th March 2020 and also stays all matters that were in the process of being issued; for example if your Claim Form and Particulars were sent to Court or your tenant was sent an Eviction Notice.
Therefore, procedurally, you cannot do anything in respect of evicting your tenant until 25th June 2020 other than discussing matters with them and determining whether your tenant may wish to leave the premises without you having to instigate Court proceedings. During these times do not underestimate the power of a friendly conversation with your tenant as they may be willing to co-operate. However, if your tenant will not co-operate you need practical advice regarding the next steps you should take.
Any section 8 or section 21 notices served on tenants before 27th March 2020 (i.e. posted before 24th March 2020 and emailed or hand delivered before 4pm on 27th March 2020) are still valid. Upon the expiration date of the notice they should vacate the premises. Special consideration should be given by landlords where the tenants could not vacate; for example, at the height of the coronavirus pandemic when viewings were not taking place and the Government advice was to remain at home indefinitely.
Upon expiration of a valid section 8 or section 21 notice, and your tenant refuses to vacate the premises, you are still required to obtain a possession Order from the Court to lawfully evict your tenant. Failure to do so could enable your tenant to file an unlawful eviction claim against you.
It is anticipated that further guidance will be provided by the Government just before 25th June 2020 to enable practitioners to provide practical and accurate advice in the run up to the stay on proceedings expiring.
If you find yourself in need of advice regarding a landlord and tenant matter, do not hesitate to contact our experienced litigation team on 0161 928 3848. The team would be happy to have a no obligation and free telephone consultation with you to determine if they can assist you.
In the run up to 29th August 2019, you will no doubt have heard of the looming deadline to make a claim regarding your mis-sold PPI and the threat of losing the opportunity to do so if you did not make a claim. The Financial Conduct Authority confirmed that after this date you could no longer make a claim.
You will no doubt have heard of the case of Plevin v Paragon Personal Finance Ltd [2014], which opened the flood gates for claims similar to Plevin enabling you to receive the redress rightly owed to you for the mis-selling of PPI policies, which was rife during the 1990’s and early 2000’s. However, you may not have heard of Harrison & Anor v Santander UK PLC [2014] EWCA Civ 361, which was at the Court of Appeal stage when the Plevin ruling was made, and was a case that our litigation team here at McHale & Co Solicitors progressed to Court of Appeal level and had intended to take to the Supreme Court had Plevin failed. Due to our connection to this case and our years’ worth of experience, we consider ourselves to be experts in the field of mis-sold PPI claims.
The Plevin refund enabled you to make a complaint regarding the commission received by the bank if you were unaware that this commission was over 50% of the PPI premiums you were paying. The Financial Conduct Authority set this 50% as the Plevin tipping point, which meant the banks only refunded any premiums paid over the 50%.
What you are probably unaware of is that if you have already had a successful claim under Plevin, you may be entitled to further redress.
It has transpired in recent months that the banks have not provided full refunds of all of the PPI premiums, associated contractual interest and any fees incurred in respect of the PPI Policy. As most commission payments were around 70%-80% of the PPI Premiums paid by you and the tipping point for unfairness is 50%, the banks have actually only refunded around 30%– 40% of the PPI premiums paid by you. You may be owed some considerable sums by the bank.
Our litigation team would be more than happy to investigate this further for you and if you wish to have a free no obligation conversation with a member of our team, please send an email to mch@mchaleandco.co.uk and we will be in touch with a questionnaire for you to fill out.
In 2007 the HMRC introduced the ‘transferable nil rate band’ for married couples. This meant that when the first spouse passed away and left everything to their husband or wife not only was this free from inheritance tax (regardless of value) due to the existing spouse exemption but they would also be passing on their nil rate band allowance. This means that when the second spouse passes away not only do they have their own allowances to offset against any tax due on their estate but also the unused allowances of their spouse.
This change had huge implications for Will drafting at the time. Previously when a married couple had a combined estate which exceed one nil rate band it was important that a Will was drafted so that on the death of the first spouse their nil rate band was ‘banked’. This often meant leaving a tax free gift into a discretionary trust.
While many couples updated their Wills after this change to make simpler Wills and remove these trusts, not everyone did. Some never got around to it while others saw the additional benefits of discretionary trusts and decided to keep them. It is therefore common to still come across what we call ‘pre-2007 Wills’ with these arrangements in place.
Whenever a Will creates a discretionary trust it is so important that the trust is dealt with properly at the time. One of biggest advantages of a discretionary trust is the flexibility they offer, they can be administered in a tax efficient way depending on the families circumstances at the time. Often when a trust exists there are several options including;
Implementing the trust fully and investing the funds
Distributing the trust in full to the surviving spouse and closing it down
Distributing the trust in full to other beneficiaries (children, grandchildren etc) and closing it down
Creating a loan back arrangement with the surviving spouse or other beneficiary
A combination of the above
All of the above options have different implications for inheritance not only on the first death when the Trust is created but also on the death of the surviving spouse. The different options will affect not only what is in the survivor’s estate but also what allowances they can claim from their spouse’s estate.
What we also come across all too often, are families whose parents had these arrangements in place but who didn’t deal with the trust at all on the first death. Often, they come to us with the misunderstanding that ‘Dads Will left everything to Mum’ so nothing has been done and the property remains in the name of both parents. We then try and work out what nil rate band can be claimed based on little bits of information that can be recalled from years before. When we break it down, we can often work out what the most tax efficient option is but we then face an uphill battle of proving this to the HMRC.
If a trust is dealt with properly on the first death the appropriate paperwork can be stored with the surviving spouse’s Will so on their death it is clear what happened and all the necessary evidence is there to demonstrate this to the HMRC. This can save enormous amounts of time, money and tax!
If you would like to discuss this further please do not hesitate to get in touch with our private client team – it’s never too late, or too early, to put things in place.
We are always here to help so please call on 0161 928 3848 or email mch@mchaleandco.co.uk. We have face to face, video or telephone calls available respecting safe social distancing requirements.
It may seem like a daft question and “hopefully never” I hear you say, but did you know that every 90 seconds someone is admitted to the hospital in the UK with an acquired brain injury.
I have two lovely clients that are sadly incapacitated as a result of a catastrophic stroke. As they have no immediate family I look after their finances as a Deputy officially appointed by the Court of Protection.
Lovely and diligent as I am perhaps you would prefer to have a close family member look after your finances in the event that you lost capacity. The best way to do this is to put Lasting Powers of Attorney (LPA) in place now and choose yourself who you want to look after your affairs in the event that this happens to you.
The most important thing to note about an LPA is that you must have mental capacity in order to obtain one. The person giving their power away is the Donor and they give their power to the Attorneys. You can have as many attorneys as you want and you can specify if they should act jointly at all or times or if you are happy for them to act independently. The “lasting” bit specifically refers to the fact that the power lasts beyond incapacity. So, if the Donor either permanently or temporarily loses capacity then the LPA can be used.
Couples
Although many couples have jointly owned assets, in a lot of cases couples will still maintain separate bank accounts often for tax reasons such as to take advantage of ISAs. If all assets are joint and one partner suffers from an injury or illness that affects their capacity then in reality their partner can still access funds to pay the bills, buy food, fix the roof etc.
However, with separate funds it can sometimes lead to distressing situations where the bank will not allow you to access your partner’s funds should they lose capacity. We have also been made aware of instances where banks have frozen joint accounts in certain circumstances.
The problems become more apparent when you are single or widowed.
Age?
So what age do you think is best – 30s, 40s, 50s, 60s, 70s, 80s, 90s?
How do I get an LPA?
Although you can obtain an LPA by doing it yourself we had a client recently who had been notified about his LPA and he didn’t know anything about it. He remembered signing something but did not fully grasp what it was for. It is frightening to think how easily the system can be abused.
Don’t put you or your family at risk get a fixed price quote from a Solicitor for the work so we can explain the risks and how to protect yourself, so that you fully understand what the process involves.
We have several people that can assist you here at McHale & Co but to get started please call and ask for Philippa Wright on 0161 928 3848 or email at mch@mchaleandco.co.uk
I recently had some clients that started the conversation by telling me they just wanted simple wills, each to each other and then on second death all to the children. Nothing too complicated their affairs were simple. They were in the early 50s, they had 3 children who were getting on with their lives, two were married and they had 2 grandchildren and another on the way.
As our conversation progressed, we identified a few issues that made them think a bit more closely about whether simple Wills were the right way to go.
I asked them to consider the following issues and let me know if any of them were areas of concern:
What would the position be if one of you dies:
and the other were to remarry
or decided just to squander all the money and there was nothing left for the children
or they made a new Will leaving everything to the cat’s home or their “friend” from up the road
Does anyone in the family have financial issues, and therefore is the risk of insolvency something of concern.
Are you concerned about how you might fund the cost of care home fees in later life.
After a good-humoured discussion, we uncovered that Mrs Client was concerned about remarriage if she were to die first. She was concerned that her Partner could be unduly influenced by a new love and her children could miss out. Spouse of child A had set up a new company, and whilst it was doing well, it was not without risks. We also discussed how their parents were concerned about care home fees and whilst it wasn’t on their radar maybe it should be.
We came up with a Will that suited their family circumstances right now and agreed that it would be good to review it in 2/3 years’ time.
I consider myself lucky to be working in this area of law. We take the time to get to know our clients and we genuinely help people come up with good solutions for their own individual families. Sometimes we ask the clients to think about difficult issues such as the above, or who do you want to care for the children if you die, or even what would happen if a child should die before you.
If you want a frank and honest discussion that helps you create the best Will for your family circumstances, please don’t leave it too late. It may not be as expensive as you think, and we will do our best to make the process as simple and easy as possible for you.
We are always here to help so please call on 0161 928 3848 or email mch@mchaleandco.co.uk. We have face to face, video or telephone calls available respecting safe social distancing requirements.
I appreciate that in the current climate it may be tempting to write your own Will. Of course you can if you want but is this the best thing for you?
Lots of people think that their affairs are simple but when we get talking it becomes clear that it may not be as simple as you think. For example did you know that you could end up paying inheritance tax when you don’t need to. A properly drafted will can ensure you maximise all the available tax allowances to reduce the amount of tax you pay. Did I mention that inheritance tax is 40%, yes I did say 40%!
You also want to make sure that part of your estate doesn’t fall into intestacy. Which means you lose the chance to say who it goes to. Whilst I am on the subject you will also want to ensure that you have appointed the right executors. If you have children with an ex partner you may want to ensure that your ex does not get control of the money left in your Will. This is a risk without a correctly drafted Will.
A Will made with a qualified Solicitor is not necessarily as expensive as you may think. We offer a free initial consultation and the service includes:
Personal attention from a qualified professional who will apply their knowledge to your individual circumstances and often ask you to consider things you have never thought of.
Drafting of the Will to meet your needs and an explanation of any relevant legal issues
Ensuring the Will is Executed in accordance with the law. Executed basically making sure that the Will is drafted and signed correctly so that when it is needed for Probate it can be presented effectively.
Storage – we store your Will for free and provide copies as required.
In addition, like all Solicitors firms we are insured and therefore you are protected by our Professional Indemnity Insurance policy.
Don’t leave it too late. We would strongly recommend ensuring you write a Will to provide for what happens after you’ve gone. It may not be as expensive as you think and we will do our best to make the process as simple and easy as possible for you. We have a team of people that can help so please contact me and we will get the process started for you:
You may have read in the papers that there is a 76% increase of people choosing to make their Will during the lockdown. We are definitely seeing a surge of enquiries during this period and I thought you may find it interesting to understand the ways we are dealing with the enquiries.
On taking initial instructions I confess I’m an old fashioned visual person and I prefer to see people face to face. However, I have discovered it can be just as effective to hold a telephone meeting as long as we both set aside a suitable amount of time. In addition we have had meetings in peoples gardens, and our largest meeting room to ensure social distancing rules are achieved. We are also holding face to face meeting using a suitable format such as WhatsApp, face time or video conferencing.
The most challenging part of ensuring that you have a valid Will is the execution. This is one of those legal jargon words that simply means that the Will is validly signed and witnessed. You can go to lots of time and trouble designing the perfect Will but if its not executed correctly it’s simply not valid.
We are proud of our creative ways to ensure that our Wills are executed correctly. We send you full instructions how to do this yourself if you can find 2 witnesses. If you can’t find witnesses then we can attend your house and watch you sign through the window, the back door, front door, the patio windows etc. We ensure that social distance rules are adhered to and good hygiene practices in line with government guidelines.
If making your last will and testament is on your mind, please don’t hesitate to contact me. We will respond quickly and come up with a plan that works for your individual circumstances and you can contact me in the following ways:
Our expert team of Dispute Resolution solicitors are highly experienced in advising unmarried clients who have separated.
Unfortunately, the concept of “common law wife” and “common law husband” are myths. The rights of unmarried individuals upon separation are not as straight-forward as married individuals. The rules which apply are entirely separate.
If you are married, the starting point is each party receiving 50% and this figure shifts, depending on, for example, who has custody of the children.
If you are not married but have purchased property together then you should own 50% of the equity in the property, unless you have agreed otherwise, in writing.
If you did not purchase the property together, you will likely need to establish interest in assets by way of establishing a resulting trust, constructive trust and/or proprietary estoppel. To support your claims, we will need to gather evidence of the both party’s intentions, financial contributions and the entire background and history of the relationship.
Of course, it is preferable to resolve any breakup amicably and without the involvement of lawyers. Unfortunately, individuals do not always agree, and it is important to obtain legal advice, at an early stage to ensure you recover the monies you are entitled to.
We offer a fixed fee service to assist you in advising you of your rights or assisting you in bringing or defending a TOLATA claim. You can contact our Dispute Resolution Team on 0161 928 3848 or mch@mchaleandco.co.uk.
If you are unable to meet your contractual obligations because of COVID19, whether regarding payments or other obligations, our expert Dispute Resolution Team is here to help.
At this difficult time, everyone’s priority must be the health of themselves, loved ones, work colleagues and the public at large. Governments across the world have adopted differing degrees of policies to curb the spread of COVID-19, also known as the Coronavirus disease. To date, the UK government has adopted relatively less stringent measures. However, more stringent measures are inevitable.
Whilst the health of the public is more important, it is also extremely important to limit the impact COVID-19 has on business. A downturn in all sectors is inevitable and so businesses should ensure they consider all their options when trying to stay profitable or, indeed, afloat.
Most businesses, and some individuals, are engaged in supply contracts and service contracts. Many of these contracts contain a “Force Majeure” clause, which is French for “Superior Force”. As this suggests, these clauses allow a party to avoid their contractual obligations if events outside of their control mean they cannot perform the contract.
In most European jurisdictions, their civil law implies a Force Majeure clause into contracts. In the United Kingdom, no such right is implied and therefore the specific Force Majeure clause must be examined to determine if it can be relied upon. If disease is not excluded then Force Majeure may apply. It is also important to establish that you would be willing to carry out the contract, but are unable to carry it out, because of COVID-19. We anticipate most businesses will argue on the basis of a reduction in turnover, because of COVID-19, so they cannot meet their contractual obligations. Potential outcomes are:
The right to terminate the contract;
An extension of time to fulfil obligations;
A suspension of obligations;
A renegotiation of obligations.
As a result of the unprecedented nature of the current circumstances, there is no case law on what approach the courts will take. However, we are expecting guidance to be published in the near future by both the courts and large business and insurer organisations.
Businesses may therefore use the Force Majeure clause as leverage to avoid insolvency, during these difficult times.
We offer a fixed fee service to assist you in relying upon your Force Majeure clause and negotiating on your behalf generally. You can contact our Dispute Resolution Team on 0161 928 3848 or mch@mchaleandco.co.uk.
There may come a time when you are more than capable of looking after yourself but just struggle to deal with your own finances. It may be that you don’t have any close family or that you don’t want to burden them as they have their own worries and responsibilities. Where do you turn to for help?
Well you could leave things to helpful friends and neighbours or until the social services get involved. However, this means that you lose the chance to select your own attorney.
Alternatively, you could consider appointing a professional attorney.
I am really proud to say that some clients have chosen me as their attorney to look after their finances should they lose capacity in the future. It is a privilege to be chosen to take on this role and my commitment is that I would take the same amount of care with your finances as I did with my Dad’s. He passed away last year and had been suffering from Alzheimer’s.
With today’s increasingly ageing population dementia related illnesses are on the increase. The current statistics from the Alzheimer’s society forecast that over a million people will have dementia by 2021.
Of course, I hope that my clients never need my assistance and that they retain their full capacity through their life. However at least they have the peace of mind that someone is appointed who knows them and will act in their best interests. You also have the additional protection that comes with any professional of knowledge, experience and protection by professional indemnity insurance.
We make the normal charge for creating the LPAs and the only addition is a two-hour meeting to establish your individual needs. This will take place when the documents are registered.
After this, there is no additional cost until I am asked to work on your behalf and assist you as necessary.
Just for those that don’t know, there are two types of LPA:
Property and financial affairs (allowing an attorney to make decisions about paying bills, dealing with the bank, collecting benefits, selling your house, etc.)
Health and welfare (allowing decisions on treatment, care, medication, where you live, etc.)
If this is something that is on your mind, please call and ask for Philippa Wright on 0161 928 3848 or email at philippa.wright@mchaleandco.co.uk
