Mediation required in all family matters

On the 22^nd April this year a considerable change was made by the government to the way separating couples will be required to deal with their divorce and any negotiations relating to financial matters or the arrangements to be made for the care of their children.

All couples will now be required to at least consider mediation as a way forward before they will be able to approach the courts. It is the government’s intention to keep lawyers away from the process as much as possible.

Many family lawyers are concerned that this may result in couples not receiving the appropriate advice at a very important time in their lives. Indeed it is proposed that there will be advice centres staffed by trainee lawyers and students.

Neil Remnant of JMP Solicitors who has been in practice as a family lawyer for 40 years commented “As a resolution member I am committed to providing a constructive and non confrontational approach to dealing with separation and in my opinion mediation should run in conjunction with the court process”.

At JMP Solicitors Neil provides set fee arrangements for advising separating couples and in the vast majority of cases settlements are achieved without expensive and lengthy court proceedings.

There is no doubt that it is essential that separating couples receive the correct and proper help and advice at what is a very important time of their lives when the decisions they make could affect the rest of their lives. The best legal advice is absolutely essential and should not be overlooked.

Contact Neil Remnant on nremnant@jmp-solicitors.com or on 01476 565 295.

Hospital fined over patient death

A vulnerable diabetic patient died because a hospital trust failed to implement basic handover procedures and ensure essential record-keeping, a court has heard.

Staff at Stafford Hospital did not follow – sometimes even look at – medical notes that clearly stated Gillian Astbury needed insulin, regular blood tests and a special diet.

A system for communicating patient needs at staff handovers was ‘inconsistent and sometimes non-existent’ the trust itself admitted. Record-keeping and monitoring of patient care plans were also far below acceptable standards.

Specific to the care of Ms Astbury, 66, a Type 1 diabetic, mistakes were made at up to eight shift changes and as many as 11 drugs rounds. The failure to administer insulin was the direct cause of her death.

The Health and Safety Executive investigated, in line with its policy to investigate deaths that occur in the health sector where there is evidence that clear standards have not been met because of a systematic failure in management systems.

Mid Staffordshire NHS Foundation Trust was prosecuted by HSE and pleaded guilty to an offence under the Health and Safety at Work etc Act. At Stafford Crown Court, it was today fined £200,000 and ordered to pay £27,049 costs.

Peter Galsworthy, HSE Head of Operations in the West Midlands, said:
“Mid Staffordshire NHS Foundation Trust failed to implement a proper handover system, or to oversee the proper completion of nursing records and the monitoring of care plans. In doing so they put Gillian Astbury at risk. The Trust’s systems were simply not robust enough to ensure that staff consistently followed principles of good communication and record keeping. Gillian’s death was entirely preventable. She just needed to be given insulin.

“Gillian Astbury and her loved ones were failed by Mid Staffordshire NHS Foundation Trust. Every hospital patient has the right to expect more. Serious safety management flaws were identified by our investigation. We expect lessons to be learned across the NHS to prevent this happening again.”

At court today, Mr Justice Haddon-Cave said:
“It was a wholly avoidable and tragic death of a vulnerable patient admitted to hospital for care but who died because of a lack of it.”

He added: “A significant fine is called for to reflect the gravity of the offence, the loss of a life and in order to send out a strong message to all organisations, public or private, responsible for the care and welfare of members of the public.”

(source: BBC)
 

Record compensation payments to teachers

Britain’s three biggest teaching unions have revealed that teachers were awarded a record £40m in compensation last year after assaults by pupils, injuries at work and discrimination from school leaders.
 

The largest single payment was made to a teacher from the West Midlands who won almost £114,000 after being attacked by two pupils as she attempted to break up a fight.

 

New office signage

New office signage on our Grantham Solicitors office

Compensation culture a 'myth'

The TUC has said that a compensation culture that the Conservatives claim is "out of control" is a myth.


Claims against employers have more than halved since 2003 to 91,115 last year. A study by the union and personal injury lawyers showed that 85% of workers hurt or made ill at work get no compensation.

(source: Daily Mirror)

Pensioners should draw up care plans

Justice Minister Simon Hughes has suggested that pensioners should draw up legal plans setting out how they wish to be cared for in old age to protect them against exploitation.

 

Since 2007 more than 900,000 elderly people in the UK have registered lasting powers of attorney so that a person can take decisions on their behalf if they lose mental capacity.

  

Ministers are concerned that four out of five registrations relate only to property and finance, rather than to health and welfare - with few pensioners drawing up plans for how they want to be cared for, should they develop a condition such as dementia.

 

 Mr Hughes said the absence of such plans meant too many elderly people were forced to live in circumstances they would never have chosen, while others were put at risk of exploitation and abuse.

 

(source: The Sunday Telegraph)

 

To make plans for your later life care please contact Yvonne Carratt at JMP Solicitors on 01476 565 295 or via email on ycarratt@jmp-solicitors.com

Crash at Anton's Gowt near Boston - Car upside down in ditch

Police have closed a road in the county after a car was found upside-down in a water-filled dyke.
Emergency services are on the scene at the Leagate Road junction with Mere Booth Road at Anton's Gowt, two miles north-west of Boston.

"The road is currently closed whilst emergency services deal with an incident," Lincolnshire Police said in a statement.

"Police were contacted shortly before 8am this morning and advised that there was a vehicle upside-down in a ditch full of water at the side of the road.

"Police officers and fire crews are currently at the scene attempting to enter the vehicle.
"It is not clear at this time whether there was anyone inside the car at the time of the collision."

Lincolnshire's roads policing unit have asked motorists to stay clear of the area for at least the next couple of hours.


Read more: http://www.lincolnshireecho.co.uk/Car-upside-ditch-Anton-s-Gowt-near-Boston/story-20948564-detail/story.html?ito=email_newsletter_lincolnshireecho#ixzz2yqbWw4no

(source: Lincolnshire Echo)

STEP Will Writing Code awarded to Yvonne Carratt

JMP Solicitors' director and head of later life legal planning, Yvonne Carratt has been awarded an accreditation from the Society of Trusts and Estates Practitioners in respect of Will writing.
The STEP Code for Will Preparation in England & Wales is a set of ethical principles that operate for the benefit of clients and demonstrate openly the commitment of STEP members to transparency and client service. It recognises that, in providing will preparation services, STEP members should operate within an ethical environment.

There has been a growing trend in recent years for people to use off the shelf Will making kits and Will writing companies with little or no experience of law. It is important that when you make a Will, you instruct a specialist so as to benefit from their years of legal training and experience in the provision of Wills, Trusts and Probate law.

By using Will writing companies and off the shelf products many people think they have a Will and companies are selling these products in the knowledge that the client will never know if the Will was defective in any way.

To make an appointment with Yvonne Carratt to discuss making a Will or renewing an existing Will please contact her on 01476 565 295 or via email on ycarratt@jmp-solicitors.com.

The Colour Purple

The Supreme Court has refused the appeal of chocolate maker Cadbury to trademark its particular iconic shade of purple, known as Pantone 2685C.

 

The judgment of Lords Neuberger, Wilson and Hughes ends the war between Nestle and Cadbury on the use of the colour and overturns Cadbury's previous success in 2013 in the Court of Appeal.

 

Cadbury initially filed a trademark application for Pantone 2685C in 2004 however despite the trade mark being published in the Trade Marks Journal in 2008, the mark could not be registered as a consequence of Nestle's objection.

 

Bailiff behaviour to change

Over 400 years of bailiff law is to change with the introduction of statutory measures to be introduced on 6th April 2014.

The main changes include a name change from 'Bailiff' to 'Enforcement Agent' together with a requirement for the enforcement agent to give seven clear days notice of their intended visit to the premises to take control of goods. This enables time for the defaulting party to meet the conditions prior to any enforcement being carried out.

Enforcement visits must also now be carried out between the hours of 6am and 9pm and enforcement agents must now identify vulnerable persons and refer them to seek advice.

The changes place standards upon the bailiffs, however it also becomes an offence to interfere with controlled goods or to obstruct an enforcement agent in the course of carrying out their duties.                       

Statutory Increase on Employment Rates

On 6th April 2014 a range of new employment statutory payments will be introduced.

Redundancy Payment
The maximum amount of pay for the purpose of calculating "a week's pay" in respect of redundancy will increase from £450 to £464.

Unfair Dismissal
The maximum amount of compensation for an unfair dismissal claim increases from £74,200 to £76,574.

Statutory Sick Pay
Statutory sick pay will increase from £86.70 to £87.55.

Statutory Maternity Pay
Payment under statute in respect of maternity leave will increase