Bromley shoppers offered FREE summer legal health check

LawStore in the Glades Shopping Centre in Bromley is getting a fresh new look for Summer 2012

and to celebrate is offering free legal health checks to all Bromley shoppers.

As part of your spring clean why not take the opportunity to put your legal affairs in order and pop into LawStore to see one of our solicitors and check out our new Store makeover.

Whether you’re planning to move house and need conveyancing advice or you’ve decided it is high time you sort out your Will or you’d like advice on a family law or employment issue; the LawStore health check will well and truly get rid of those Winter blues and propel you into Summer in a positive, organised way.

The private and personal consultation with one of LawStore’s expert solicitors will enable you to seek free confidential advice about your legal issue. Should the matter need to proceed then LawStore will also offer a 10% discount off its already competitive pricing.

LawStore has been serving the Bromley community in Regents Arcade for nearly two years. In that time it has helped hundreds of local people resolve their legal issues in a relaxed and informal setting, free of complicated legal jargon or concerns about paying for a solicitors’ time. It was designed to move away from the traditional solicitor’s office, which is often impersonal and intimidating.      

LawStore is open Monday to Saturday from 9am and 6pm and is staffed by experienced solicitors.

You can drop by without an appointment or telephone 020 8466 5764 to fix a time to see a solicitor for the free health check. Same day appointments are often available. Advice on a wide range of legal matters is available including: Personal Injury, Family Law, Employment Law, Conveyancing, Consumer / Contract, Motor / Driving, Wills / Trusts, Debt Recovery, Property Disputes and Clinical Negligence.

 The free 15  minute health check is available from Tuesday 1 May until 31 August.

 For further information please visit www.thelaw-store.co.uk

LawStore is situated at 81 Regents Arcade, Glades Shopping Centre, Bromley BR1 1DD. It first opened its doors for customers on 1^st November, 2010.

LawStore is run by MTA Solicitors LLP, which has been helping local people with legal advice for over 10 years.

MTA Solicitors LLP is a nationwide law practice with offices in London, Manchester and Bromley.

 Click here to see the summer flyer LAWSTORE_summer_flyer_side1.JPG (1.53 mb)

David Green, Managing Partner at MTA Solicitors LLP, discusses the consultation for the formal regulation of wills:

The LSB, has spent nine months examining will writing, and says it is concerned about the quality of wills and the failure to ensure that wills and consumer assets are looked after when things go wrong.

It says it wants to preserve competition and consumer choice in the area while setting some minimum standards.

After receiving comments on its proposals, the board plans to make a formal report later in the year that may include recommendations to the Lord Chancellor to amend the list of regulated activities.

At MTA Solicitors we realise that making a Will can be a daunting prospect and it is certainly one that people don’t want to be doing over and over again. We therefore ensure that we take the time to consult with our clients to get all the correct details, and then check and recheck the document throughout and on completing drafting.

We tend to advise our clients that when contemplating making a will it is important to avoid opting for a cheap quick-fix. Mistakes are common with DIY wills, and consulting with a Solicitor who is experienced in drafting wills is money well spent, and probably the best approach to ensure everything runs according to your wishes following your death.

Although regulation may increase initial costs for some consumers, a well-drafted Will can reduce costs in the long run. I believe regulation has to be a good thing if it ultimately improves the quality of will writers, and a better service for consumers.

For more information see:  “Will-writing must be regulated, says legal body”:  BBC News: Business

 The recent Welfare Reform Bill has been passed back to the House of Commons with amendments from the House of Lords

Interestingly in relation to family law, the House has re-instated the proposal for a fee for involving the Child Support Agency. The principle is that Parents would be charged a fee for using the services of the CSA. The concept has seen strong opposition in some areas. Resolution, seeing itself as a body that aims to help family lawyers facilitate the resolution of family issues, has heavily criticised the idea. It is concerned that it may increase the unwillingness of a parent who does not want to negotiate when they know there is less chance they will be forced into any agreement if their previous partner cannot afford to involve the CSA. It also questions whether any charge will significantly make any difference towards the costs of the CSA, which is the main reason a charge is suggested.

There are also strongly-criticised suggestions to reform benefits. In brief, it is suggested that there is a £26,000 benefit cap and housing benefit and child benefit are to be curtailed to fit in this cap. The Children’s Commissioners have raised concerns that, especially in families with a number of children, this could significantly lower the standard of living for a child. They argue that families in need of benefits are those nearest to the line of poverty as they have the lowest income. Decreasing benefits will only increase the number of children under the poverty line. They highlight that their own assessment shows that the benefit cap and a lower income for families receiving benefits would lead to homelessness, poor health and educational outcomes for children of these families. The families living will need to divert money away from necessities for children's health and wellbeing such as heating, warm clothing, and nutritious food in order to cover their household costs.

The next month or so may be crucial as to the finality of these issues as Government wanted any passing of the bill by the end of the parliamentary session.

Emma Peart

Solicitor

MTA Solicitors LLP

Do you know what you’re getting into?

A homeowner who says he was tricked into buying a property next to a neighbour from hell is suing the property's former owners.

This particular homeowner has launched a legal battle for compensation after he bought a semi-detached house next to a highly antisocial man whose behaviour was so extreme he had been given a ten-year Asbo.

The owner is suing vendors for damages of £100,000 because they deliberately 'misled' him about their next-door neighbour, it is claimed in a High Court claim form.

The claim form says the neighbour was unfriendly, with a history known to the vendor, of extreme anti-social behaviour, and subjected nearby residents to sustained, unpleasant anti social behaviour. The vendors have yet to file their defence.

Here are some straight forward steps that you can take to avoid ending up with a neighbour from hell and getting into a situation which could have been avoided:

• Do your research

If you are new to an area it is worth checking out all the publically available information that you have access to via the internet. You can check out the local council website, the local newspaper website, look up any blogs and check out school league tables. All these things can give you a feel for the type of area and any problems that there might be.

• Check out the area

It is always worth checking the area at different times during the day and night. Areas that seem quiet during the day could be very different in the evenings and at weekends. Are there pubs, clubs nearby? They may be noisy at closing time.

A road that seems quiet during the day could become a hotspot for car racers at night.

Roads near schools can become clogged at ‘school run’ times.

Speak to the locals! The local residents will have the best knowledge of the area. Pop into the local pub or café and get chatting.

Look at local shops - are there gangs of children/young people or adults congregating outside the local shops? (especially at weekends and school holidays). If this is the case, it may be quite intimidating.

Are there any communal playground areas, public seating, parks or designated 'activity' areas? These could cause you nuisance, noise or other troublesome activities if near your potential home.

• Check our your street

Weekends, especially if the weather is good, is the best time to check for general noise in the street. Are there stereos blaring? Are there lots of parked cars outside any particular house, which might indicate a lot of coming and going and more noise.

Check the houses/properties at the back, sides or front of the property you’re interested in, as well as your immediate neighbours; there could be problem issues with any of these neighbours.

There is also nothing to stop you knocking on a few neighbours doors to say you are thinking of buying in the street and what is it like living there. You will get a general feel for the street then.

• Ask questions

Don’t be afraid to ask lots of questions of your vendors. Why are they moving? What are the neighbours like? What is good about the area? Ask about shared property responsibilities and boundary lines.

• Trust your judgement

Overall trust your intuition. If something sends alarm bells ringing then make sure you check it out fully, and just because everything else is right don’t overlook the one thing that could escalate into an issue and cause you a lot of problems in the future

MTA Solicitors can help with your neighbour dispute, either call on 0207 437 0731 or email on info@mtasolicitors.com

See the aricle as shown in the Daily Mail: Homeowner sues couple

As more women are contacting solicitors to discuss their legal position in the wake of the PIP breast implants scandal, MTA Solicitors LLP has outlined five key points that women need to know about seeking compensation.

1) THERE IS A TIME LIMIT ON CLAIMS. Most claims against private clinics or private hospitals are likely to be run on the basis of breach of contract, for which the limit is usually six years from the date contractual duties are performed – i.e. when the implants were fitted. For implants fitted more than six years ago, it will be difficult to pursue a claim. However, would-be claimants need to be aware that their case could also be regarded as personal injury claims, which means that the limitation is three years from a claimant’s date of knowledge that she was fitted with a defective implant.

2) UNDER THE CONSUMER PROTECTION ACT 1987 a private or NHS patient can take proceedings against the manufacturer of the PIP implant if they can show that they suffered personal injury as a result of the implants. However, as the manufacturer had gone into liquidation, there are unlikely to be any assets available to pay for compensation. It is unclear whether the company’s public liability insurance would cover such claims. Hence this option may be fraught with difficulty.

3) THE SALE OF GOODS ACT 1979 is by far the most straightforward way to recover damages for patients fitted with PIP implants at a private clinic. The Act states that the goods have to be of a satisfactory quality and this includes that they are safe and durable. It can be argued that no reasonable person would regard implants containing industrial rather than medical grade silicone as satisfactory. Sharon Lam is a solicitor at MTA Solicitors LLP, she says: “It is no defence for private clinics to argue that they were unaware that the implants were defective or sub-standard. In most cases, clinics were well aware that PIP implants cost much less than implants made by other manufacturers containing medical grade silicone. Yet most patients were not told of the different types of implants.”

4) UNDER THE LAW OF NEGLIGENCE both private and NHS patients can take action against their respective hospitals if they can show that the clinics or hospitals were negligent in using the PIP implant. The following points are very relevant:

· Prices of the PIP implants were much lower than the medical grade silicone ones. Clinicians should have been asking questions about the quality of the PIP implants or offering patients the choice to have alternative implants. It may also be argued that the clinicians have a duty of care to advise patients that the implants were much cheaper than the other alternatives. It is possible that the private clinics have profited in offering consumers the cheaper options, which come with a history of complaints about their quality.

· Concerns were raised about PIP implants as early as 2006 but it was not until 2010 that the MHRA (Medicines and Healthcare products Regulatory Agency) issued a medical device alert to UK clinicians to cease using the implants. It is possible that MHRA was negligent in not acting on the complaints sooner. Unlike medicine which has stringent requirements for clinical trials and licensing, MHRA relied on private sector organisations to approve medical devices. It may be possible to argue that the MHRA had failed in its regulatory duties to issue warnings, inspect the manufacturer and its manufacturing process, investigate the complaints made about PIP silicone implants and insist assurance of quality through clinical trials.

5) COMPENSATION MAY BE CLAIMED FOR A RANGE OF FACTORS and is not limited to the cost of removal and replacement. The following may also be part of a compensation claim for patients of a successful claim:

· pain and suffering due to the removal/replacement surgery;

· additional scars as a result of the removal surgery;

· psychological trauma of discovering that they have a potentially defective implant in their bodies; · adverse effect on their health that they may suffer in the future as a result of the PIP implant and/or release of the industrial grade silicone following rupture. This is currently not proven scientifically but may include pains in the breast, pain to lymph glands or other health concerns; and;

· other losses and expenses as a result of the removal and replacement surgeries, including travelling expenses, medication, loss of earnings and care and assistance.

Sharon Lam of MTA Solicitors LLP concludes: “The first step for women is to speak to their doctor or clinic regarding their health. For those wanting to establish their exact legal position, they should contact a solicitor with experience in this type of work. A reputable personal injury / clinical negligence solicitor will be able to assist with writing to clinics, obtaining medical records and pursuing a compensation claim. We’ve seen a rise in women contacting us over the past two weeks as the Government’s position has slowly become clearer.”

Emma Peart from MTA Solicitors discusses new proposals from the Government's Law advisors regarding Unmarried couples and inheritance rights.

If a couple have not entered into marriage or a civil partnership, there is currently no legislation automatically entitling them to a share of their partner’s estate if they pass away. The person would have needed to be pro-active and made provisions to their partner through a will, or in the case of property also through a joint tenancy, failing which it is very difficult to make a claim through the courts under the current intestacy law.

However the Law Commission has moved forward in its proposals for reform to entitle a cohabitant to claim from the estate. The Law Commission started a Report in 2007, the provisions of which were rejected by Government in September. However the Law Commission has today refreshed its concerns in this area and suggested that unmarried couples who live together for five years should automatically take their partner’s entire estate if they die without a will. If there are children from the relationship still living at the home then it is suggested that the cohabitant should take the whole of the estate as long as there had been a relationship for two years.

The measures are part of a major review of inheritance law aimed at updating it for modern relationships and families to offer more protection to cohabitants financially upon the death of the partner.

The argument facing the Commission however is that should cohabitants be given the same protection as married couples given that it could be the case they have opted out of marriage and therefore the rights attached to it.

If you are unsure of your rights you should seek legal advice from an Estate or wills and probate solicitor who will best advise on inheritance law and claims on an estate.

Prosure Insurance Ltd, a brand new insurance brokerage has opened up in the Glades in Bromley. Based in LawStore alongside MTA Solicitors legal service offerings, Prosure specialises in motor insurance and provides a wide range of flexible, affordable insurance products to meet the needs of local everyday life.

The LawStore environment gives shoppers the opportunity to get an insurance quote as part of their high street shopping experience, in a relaxed, informal setting, something new for Bromley.

 Prosure offers car insurance policies for young drivers right the way through to retirement age and prides itself on its competitive policies and treating its customers fairly. It also specialises in niche areas such as Classic Cars, Modified 4x4s and Specialist vehicles, such as American and Kit Cars.

Matthew Best, Head of Operations at Prosure has over 24 years experience in the insurance market place, “Providing a high street brokerage for Bromley is really exciting. LawStore is the perfect environment for an Insurance brokerage and I am confident that this uniqueness will encourage business.

“I have a passion for cars and having owned many classic vehicles over the years including a BMW 2002 lux and a 1931 Morris Minor called Fred, I know how important cars are to people. I am committed to giving my customers a personal service and finding the right policy for people’s individual needs.

“I have access to the leading, competitive market rates, and have unique and exclusive schemes from leading car insurers that are only available to Prosure Insurance Ltd.”

With two offices in Bromley, one in LawStore in the Glades and one at Elmfield Park, this Kent insurance broker is easily able to service its customers face to face or on the phone. Prosure at LawStore is open 9 – 5pm everyday with late night opening until 8pm on Thursdays and Saturday mornings until 12.45pm. Shoppers are able to pop in without an appointment and get an immediate insurance quote. With every new policy sold customers will also receive a years subscription to MTA Legal Advance, giving discounted legal services. Visit www.mtalegaladvance.co.uk for further details.

Prosure Ltd also offers Home Insurance, Commercial Property Insurance and Travel Insurance. 

For further information please visit www.prosureinsurance.co.uk.

Interesting to see today that although the total number of defamation cases only rose by 4% last year, the number of online defamation cases almost doubled, according to research.

This is probably due to the increased and ever increasing interest in Twitter, Facebook and other micro blogging sites.

The main issues are the speed at which comments against an individual or a company can get out on the internet and also the lack of accountability and responsibility taken by platform providers for users content.

I believe that this should be a major focus of the proposed Defamation Bill currently being debated as these platforms have to take some responsibility. There needs to be some regulations on the frameworks in which social networking sites operate in order to curb this free for all, say what you like culture, which can be very damaging and can currently only be  reneged through the courts. Watch this space for the outcome of the Defamation Bill.

My hope would be that web publishers should be able to avoid litigation if they take down a user's comment as soon as they have been put on notice that it is defamatory. A similar approach might be taken to links to defamatory content on other websites, as it remains unclear whether such links are actionable in every case.

Are your ideas and inventions protected?

Understanding Intellectual Property

UK Intellectual Property Law can be very complex but for your idea or brand to be fully protected you need to be covered in all areas of Intellectual Property. Do you know what they are and how to ensure that you are covered?

Intellectual Property (IP) lets people own the work they create. So IP might be a brand, an invention, a design, software, a song or another intellectual creation.

If for example the IP you are trying to protect is a car, the four types of IP working together to offer complete protection would be:

Patents which would protect the working parts of the car and the processes used to make its various components.

A registered Trade Mark which would protect the car's name and symbol.

A registered design which would protect the shape and visual appeal of the car and its various components.

Copyright which would protect the car's owner manual and even images of the car and the jingle used in its television advertisement.

This is a very basic explanation but covers all the bases. Just ensure that you have looked into all the different areas so that your idea cant be replicated in any shape or form.

For further information or advice about Intellectual Property contact MTA Corporate or see ipo.gov.uk 

More Common Than You Might Think! 

So you read the news that Alexander McQueen left £50,000 to his pet dog and thought 'only in the celebrity world' - however leaving a cash inheritance to your pet is actually quite common.

A survey conducted by More Than Pet Insurance found that British pet owners plan to bequeath a staggering  £26 billion to their pets and many will do so without telling their family or friends, research suggests.

The new findings also reveal 35% of pet owners plan to leave their pets more than £10,000 in their wills, with a further 37% admitting they intend to leave more to their pets than a close relative or family friend.

And it is not just money that pets will inherit.

Over a fifth of owners plan to leave them the family home and a quarter of pets will inherit a wide range of sentimental personal items, including: pet's favourite sofa or armchair, photos of the pet and owner together, an item of clothing or a pair of shoes, jewellery and even the owner's ashes.

Half of pet owners who included pets in their wills did so because they did not want their pet to end up in a rescue centre.

By writing a Will you are setting out your final wishes and quite rightly you will want to ensure that your loved ones are looked after following your death.

There is no reason why this should not extend to your pet animals. Pet owners will tell you that their pet animals provide them with unconditional love and companionship during their entire lifetime; is it therefore not understandable that pet owners will want to leave money to their pets? This was certainly what Alexander McQueen thought.

So is it legally possible to leave a legacy to your pet animal in your Will? The answer is yes, but it is not a simple case of leaving a legacy directly to the pet animal. In law a pet animal is not considered in the same light as a human, perhaps rather insensitively a pet animal is considered as more of an asset.

There are a couple of options available to ensure that your pet animal is looked after in the event of your death:

1) By gifting your pet animal together with an appropriate cash legacy to a friend or relative who you know will be able to care for your pet animal in the same way that you would. It is of course advisable to discuss this idea with your selected friend or relative before you set out your wishes in a Will!

2) By gifting your pet animal together with an appropriate cash legacy to an animal charity that operates a re-homing service; for example the RSPCA operate a free 'Home for Life' service. It is always advisable to seek information from the chosen charity before you set out your wishes in a Will.

For further information on making a Will - contact our expert Will Writing and Probate Law department at MTA Solicitors LLP