Category Archive: Latest News

1. Signing Contracts When Working from Home: What’s the Risk?

   September 21, 2020 8:34 am Leave a Comment

   In an attempt to slow the spread of COVID-19, the offices of many businesses remain closed. For those that have opened their doors, many continue to recommend that their staff work from home or that the offices operate on a skeleton/reduced staff basis. This will inevitably mean that it may not always be possible for contractual parties to execute documents in person. So, what does that mean for you legally?

   It makes sense to start by explaining the two fundamental ways in which documents can be executed: either as a contract; or, as a deed.

   A deed is a written instrument, executed with strict formality. There are four formalities to satisfy when executing a document as a deed:

   1. a deed must be in writing;
      
      
   2. it must be clear from the face of the document that it is a deed (usually achieved by referring to the document as a deed within the document itself);
      
      
   3. it must be executed correctly according to various statutory requirements (this includes, for the most part, the need for signatures to be witnessed); and
      
      
   4. it must be delivered. Delivery does not mean physical delivery. A deed is ‘delivered’ when the parties to the deed make clear their intention to be bound by the deed.

   In contrast, a simple contract may be made under English law in writing (or orally) without the need for the formalities required of a deed.

   So how can I execute documents virtually?

   The Law Society has issued (non-exhaustive) guidance on the virtual execution of documents.

   Simple contracts can easily be executed through use of an electronic signature.

   Electronic signatures can take a number of different forms, including:

   1. typing your name into a contract or into an email containing the terms of a contract;
      
      
   2. electronically ‘pasting’ your signature or an image of your signature into an electronic version of the contract;
      
      
   3. accessing a contract through a web-based e-signature platform and clicking to have your name in a typed or handwriting font automatically inserted into the contract; or
      
      
   4. using a finger, light pen or stylus and a touchscreen to write your name electronically.

   In the case of deeds, matters are somewhat nuanced. The general attitude of the courts towards electronic signatures is that it seems theoretically possible for a deed to be validly executed electronically provided the requirements for a valid deed can be satisfied. However, an issue (amongst others surround the formalities for creation of a deed) arises at the point of requiring a signature to be witnessed. Generally speaking, signatures to a deed require an independent adult witness to be present. This is usually not an issue but, when you are working from home, social distancing or self-isolating due to COVID-19, things get tricky. To be independent, the witness must not be related to you. This means you cannot simply call on a family member, living in your household, to witness your signature to the document.

   With that in mind, how do you get your signature witnessed? Well, the Law Society has been somewhat unclear on this point but it appears that, where a witness cannot be in the same room as you when you sign a document electronically (which is the preferred and advised option), the solution may not be as simple as having the witness watch you sign the document via video call and then signing the document once it is sent on to them. After all, this could create evidentiary risk as to whether the person genuinely witnessed the signing.

   Until the issues surrounding virtual execution of deeds and, in particular, the remote witnessing of signatures are clarified by way of parliament or court ruling, it would appear that the safest approach is to avoid seeking to execute deeds electronically and for witnesses to be physically present for the signing of the same unless absolutely necessary and, if electronic signatures are to be used, to take legal advice on the steps to be taken to effect a valid execution. Electronic signature of simple contracts, however, should be of little issue.

   If you would like further information and advice on the execution of contracts, contact one of our specialist corporate and commercial solicitors on 01782 262031.

2. Your Guide to Losing a Loved One

   September 8, 2020 9:13 am Leave a Comment

   Losing a loved one is a difficult and sensitive time for any family. It is hard enough to cope with bereavement without the added stress of having to deal with the inevitable paperwork that follows. When someone passes away, it is crucial that their estate is dealt with by the distribution of their assets and the settling of any debts, known as ‘estate administration’. At Tinsdills, we provide a sympathetic and efficient service to try to make the process of estate administration as stress-free as possible. That is why we have created the following guide to help walk you through what to expect.

   1. Is there a Will in place?
      a) If the deceased left a Will, the first step is to locate the Will, check that it is valid and that it has been correctly executed (a valid Will names the Executors, who are responsible for administering the estate on behalf of your loved one).
      b) If the deceased did not leave a Will – i.e. a Will has not been created, the estate must be administered in accordance with the rules of intestacy. These rules are very rigid and govern who is entitled to administer the estate, known as the Administrators, and how the assets of the estate will be divided.
      c) The Executors or Administrators are known as the Personal Representatives of the estate.
      
      
   2. Valuations
      a) A valuation of the estate’s assets and liabilities will now need to be obtained. This will include writing to investment companies, banks, building societies and estate agents etc. to determine the exact assets and liabilities of the estate at the date of death of your loved one.
      
      
   3. Preparation of Documents
      a) Now that a valuation of the estate has been obtained, a HMRC Inheritance Tax return will need to be completed to report the value of your loved one’s estate to HMRC. The estate will either have Inheritance Tax to pay or it will be what is known as an ‘excepted estate’, where Inheritance Tax is not due.
      b) At the same time, the relevant application form needs to be completed, which brings together the information collected in relation to your loved one and the Personal Representatives of the estate, as well providing general details regarding the estate.  
      c) The Inheritance Tax return and probate application form then need to be signed by the Personal Representatives. If there is a valid Will in place, the application to the probate registry will be for a Grant of Probate. If there is not a Will in place, the application to the probate registry will be for Letters of Administration.
      
      
   4. Filing of Documents
      a) Once signed by the Personal Representatives, the Inheritance Tax return and application form need to be filed at the probate registry, along with the original Will, two copies of the original Will (if applicable) and your loved one’s death certificate. There will also be a fee due to the probate registry for them to process the application.
      b) If Inheritance Tax is due on the estate, the application form will generally be submitted once the Inheritance Tax has been paid or an arrangement has been agreed with HMRC regarding payment.
      
      
   5. Issuing Grant of Probate or Letters of Administration
      a) Once the Grant of Probate or Letters of Administration has been granted by the probate registry, the Personal Representatives will have the formal authority to administer the estate.
      
      
   6. Settling the Estate
      a) The Personal Representatives must now collect in the assets of the estate and pay any remaining debts or other expenses.
      b) All money from assets such as insurance policy claims, balance of bank and building society accounts and proceeds from the sale of shares or property should be collected in.
      c) When all assets have been collected in, any remaining debts of the estate should then be paid.
      d) The Personal Representatives should then prepare the estate account. This account should include a breakdown of the total assets, liabilities, fees and administration expenses of your loved one’s estate.
      
      
   7. Distribution of the Estate
      a) Once all debts of the estate have been paid, the Personal Representatives should now distribute the estate in accordance with the terms of the Will or the rules of intestacy.
      b) Once the Personal Representatives can confirm that all monies have been accounted for within the estate, the estate administration is complete.
      

   Contact us

   Tinsdills are highly experienced in estate administration matters and can deliver expert advice on your next steps. No matter what the circumstances, we will help you throughout this process. 

   If you would like to discuss estate administration matters in any further detail, please do not hesitate to contact Tinsdills’ highly experienced Wills, Trusts and Probate solicitors who will be pleased to assist you.

3. Video Witnessed Wills: Worth the Risk?

   August 27, 2020 11:20 am Leave a Comment

   2020 has certainly been the year of change; many long-established business practices have had to be adapted in order to keep businesses and services going. 

   In a recent announcement it was revealed that the Government will introduce a temporary change in the law that allows Wills to be witnessed using video conferencing such as Facetime, Zoom and Skype during the coronavirus pandemic.

   The temporary law is set to come in to force in September but will be back dated to include Wills executed from  31 January 2020 and the change is proposed to remain in place until 31 January 2022.

   But is this too little too late, or is it something that will genuinely assist the most vulnerable during these unprecedented times?

   This change in law has created a system that accommodates those who are shielding or unable to attend a Solicitor appointment, and gives clients peace of mind that they are able to create, amend or even execute their Will during these troubling times.

   However, like any other new system, legal or otherwise, this change does not come about without practical implications that all legal practitioners should take into account. The legal requirements for creating a valid Will still rely heavily on the rules set out in the Wills Act 1837, which require the Will maker to sign their Will ‘in the presence of’ at least two independent witnesses. Only now, the new legislation allows for witnesses’ ‘presence’ to be physical or virtual, meaning that in order for a Will to be valid during a virtual Will signing certain criteria must be met:

   • The quality of the sound and video must be sufficient for the Will maker and witnesses to see and hear what is happening
   • The video-link must be in real-time, i.e. the witnesses cannot watch a pre-recorded video of the Will maker signing the Will
   • The witnesses must be able to see the Will maker actually sign the Will, so if for example the video only shows the Will maker’s head and shoulders, the Will cannot be valid
   • The witnesses must each sign the Will also via a video conference(s) (the guidance recommends that this should be done within 24 hours)
   • All signatures must be ‘wet’, remote electronic signatures will not be accepted
   • Ideally, best practice would advise that the meetings are also recorded, and the recordings kept for evidence.

   Further implications then arise when considering how those who are self-isolating will actually get the Will to the witnesses. They would either need to go out to post the Will themselves or ask someone to collect it from them, in which case an arrangement to have the Will witnessed in person at a distance or through a window might well have been a simpler and arguably less risky solution in legal terms.

   Additional consideration must also be given to circumstances where the Will is lost in transit or the Will maker dies before the witnesses have been able to sign it. Furthermore, there are arguments to suggest that the current requirements for witnessing Wills offer greater protection, making it harder for someone to be influenced to make a Will against their wishes; this protection may not necessarily be as robust during a video conference.

   The Law Society argues that the Will reforms will “help alleviate the difficulties that some members of the public have encountered when making Wills during the pandemic”, but the society makes it clear that the government needs to ensure the legislation is drafted in a way that will “minimise unintended consequences and ensure validity.”

   Making a Will is an important step and unfortunately the pandemic has created situations that mean the practicalities of having a properly executed Will can be both problematic and a matter of urgency. This new legislation will provide a temporary solution to those most at risk during the pandemic to ensure that their Wills can be executed properly and safely.

   However, great caution should be taken if you are considering signing and witnessing a Will via video-conferencing before the legislation is published in September, and even then Wills should ideally be made in the physical presence of witnesses wherever possible to eliminate any room for doubt, leaving video witnessing as an absolute last resort.

4. House Boundaries: Everyone owns the one to the left, right?

   August 24, 2020 11:22 am Leave a Comment

   A: There is no set rule as to which boundaries belong to a property. It is possible that your property is responsible for the left boundary, but it’s just as likely that all boundaries are yours. You can try to find out more via:

   • The transfer deed
   • The official title plan
   • The property information form
   • Check surrounding properties

   Knowing which house boundaries to your property you own is something practical that people often don’t think about until any issues begin to arise. 

   A common misconception held by a lot of people is that you always own the boundary to the left of your property. Thinking about the practicalities of this leads to some questions; who owns the shared boundary to the rear? In a row of houses, surely someone must at some point own their right boundary in order for all boundaries to be maintained? What if the garden is an obscure shape with no defined ‘left’ boundary? 

   The truth is, there is no general rule as to which boundaries that a property owns. It is entirely possible that your property is only responsible for the maintenance of the left boundary but it is equally possible that you are responsible for maintaining all of the boundaries to the property. 

   It is likely that during the stress of a house move, your main concern is not which boundaries to the property you must maintain. In this respect, there are a number of ways in which you may be able to find out which boundaries to your property that you own. 

   

   • The transfer deed (or previous transfer deeds for the property) may contain some details regarding which boundaries belong to the property. This is more likely if you are purchasing a new build property. 
     
   • The official title plan for the property may show which boundaries are owned. This will be indicated by a ’T’ mark pointing inwards towards your property, as shown by the below diagram.
     
   • If not indicated in the transfer deed or official plan, it may be that you have to rely on the information provided by the seller in the Property Information Form. Of course, this will be less reliable than the official documents at points 1 and 2. 
     
   • As a final resort, if no other information is provided in any of the above forms, it could be possible to infer which boundaries you own based on the surrounding properties on your street. This will never be a conclusive way of determining which boundaries are owned and should only be considered with the involvement of a conveyancer when all other options have been exhausted. 

   

   If you wish to find out anymore information regarding house boundaries or you need help with a boundary dispute, please contact our Client Service Advisors who will be able to assist you further. 

5. Our Local Community Partnerships

   August 20, 2020 1:49 pm Leave a Comment

   At Tinsdills, the local community is a key pillar of our company ethos. We love to play a role in contributing to and helping our local community thrive.
   
   We’re more than just a law firm – we support local projects, charities and sports clubs throughout Staffordshire and Cheshire, giving back to these organisations wherever possible, making a positive impact through our involvement for our clients, staff and general public alike.
   

   Corporate Charity Partners
   
   We’re proud to have supported Douglas Macmillan Hospice for several years – achieving Bronze and Silver Awards for our donations during this time. But we haven’t stopped there, each year we also sponsor the Douglas Macmillan 5k which sees members of the team dusting off their running shoes to help raise funds for this incredible charity.

   More recently we re-evaluated how we get involved with local charities, and with a desire to make a wider impact on the local community, we made the decision to move away from focusing on one ‘corporate charity’, instead choosing to support a variety of initiatives throughout Staffordshire and Cheshire alongside our long-standing partnership with Douglas Macmillan Hospice. To date we have worked with, Alice Charity, local food banks, Headway, Children In Need and The Donna Louise Trust.
   

   Engaged Fundraisers
   
   Throughout the year, our colleagues attend quiz evenings for charity and regularly take part in food donation drives supporting our local food bank.

   Getting creative with each of our fundraisers is almost as satisfying as the fundraising itself. Last year, as part of Douglas Macmillan’s ‘Bring a Pound’ campaign, we created a balloon tombola which saw our colleagues bursting balloons around the office to raise almost £130.

   We also focus our attention to some of the region’s smaller charities who are incredible at the work they do. We are proud supporters of Alice Charity, a charity which works with vulnerable children and families without basic living necessities to provide them with vital supplies as part of Alice’s Peoples Pantry – with a view to breaking the cycle of poverty, and reducing the impact these hardships can bring on young people’s lives.

   Every year we enjoy supporting Children In Need. We encourage our colleagues to be imaginative with fundraising concepts and in 2019, we held a dress down day whilst hosting a classic ‘how many sweets in the jar’ competition to raise £110 for a wonderful charity close to many of our team’s hearts.

   Local Sports Team Sponsorships
   
   Throughout Staffordshire and Cheshire, we’re dedicated supporters of local sports clubs including Trentham Rugby Club, Leek Rugby Club, Sandbach Football Club, Blythe Bridge Marvels and the Red Street Eagles.

   In addition, we sponsor a Tee at Wolstanton Golf Club with our team regularly taking part in many of their Charity Golf Days helping to raise funds for a variety of initiatives city-wide.

   We’re all about people at Tinsdills and as a successful law firm, it’s incredibly important to ensure wherever possible we’re committing time and resource to support our local community through events, donations and volunteering. To read more about our Corporate Social Responsibility strategy, click here.

6. £20 million support scheme to boost local economy–what you need to know.

   August 7, 2020 3:30 pm Leave a Comment

   A recent government announcement provided a beacon of hope for small and medium sized businesses trying to recover from the effects of the coronavirus pandemic.

   The government has announced £20 million in grants will be made available to eligible small and medium sized businesses to provide access to digital supplies and specialist advice, boosting recovery and helping SMEs get back on track.

   The timely announcement comes as lockdown restrictions have been lifted and businesses across the UK begin to reopen their doors to the public once again. However, the forced closures, lack of trade and ongoing fears leaves businesses uncertain about their future. 

   It is hoped that the grants will provide necessary resources to enable small and medium sized businesses to recover and to help them adopt new technology in order to continue to deliver business activities.

   Grants of up to £5000 will be available to qualifying businesses which can be used towards:

   • HR advice
   • Accountancy advice
   • Legal advice
   • Financial advice
   • IT advice
   • Digital advice
   • Purchase of minor equipment*

   *Minor equipment must be purchased to help businesses adapt to the new climate or to adopt new technology in order to diversify business activity. 

   Funding for the initiative has been allocated to Growth Hubs within each Local Enterprise Partnership (LEP) and businesses interested in applying for these additional support grants should contact their local Growth Hub for more information. You can find your local Growth Hub here: https://www.lepnetwork.net/local-growth-hub-contacts/

   Corporate and commercial solicitor at Tinsdills Solicitors, Ryan Marr, commented on the recent announcement:

   “This will hopefully be a positive step in the recovery of both the local and national economy. It is reassuring to see the government proactively supporting our communities so that they are able to thrive.

   These grants will provide small to medium sized businesses with access to a support network that they potentially would not have had the means to obtain before. Having the opportunity to utilise professional advice and support, whether it be legal, financial or otherwise, can help businesses gain a competitive edge and secure long-term success.”

   If you would like to find out how Tinsdills Solicitors can support your business, contact us on 01782 262031 and we would be happy to help.

   You can read the official press release here: https://www.gov.uk/government/news/20-million-in-new-grants-to-boost-recovery-of-small-businesses

7. Legal Update: Changes Introduced to Insolvency Provisions and the Law on Termination of B2B Supply Contracts

   August 6, 2020 10:59 am Leave a Comment

   The Corporate Insolvency and Governance Act 2020 (“CIGA 2020”) was first introduced as a bill in May 2020 and, having been fast-tracked though Parliament in light of the COVID-19 pandemic, came into force on 26 June 2020.

   According to its explanatory notes, “the overarching objective [of the CIGA 2020] … is to provide businesses with the flexibility and breathing space they need to continue trading during this difficult time” but, whilst the changes may bring relief to customers, they do little to help suppliers who are struggling to cope in the wake of the COVID-19 pandemic.

   The CIGA 2020 introduces new provisions into the Insolvency Act 1986 aimed at ensuring the continuity of supplies and restricting contractual termination provisions related to events of insolvency. Whilst the CIGA 2020 has been fast-tracked in the wake of the COVID-19 pandemic, the changes introduced have been intended for some time and will be permanent, save in respect of a temporary ‘small suppliers’ exception.

   The changes made by the CIGA 2020 are not intended to apply to consumer contracts but will apply to any B2B contract for the supply of goods or services. They will also apply to contracts for the sale of any assets, stock, consumables or other goods; intellectual property licences which also involve the provision of some services; and joint venture agreements (where the supply of goods or services will be an integral part of the wider transaction).

   Effect of CIGA 2020 on insolvency procedure triggered provisions in contracts

   If a company enters into a relevant insolvency procedure (such as liquidation, administration, moratoriums (including the new moratorium created by the CIGA 2020), voluntary agreements, the appointment of a provisional liquidator and other procedures) on or after 26 June 2020, a supplier of any goods or services to that insolvent company will no longer be able to rely on a contract term entitling the supplier to terminate the contract because of the commencement of insolvency procedures.Subject to certain exemptions, you must continue to supply to the insolvent company.

   The CIGA 2020 also expressly prohibits making the continued supply of goods and/or services to a company after that company has entered into a relevant insolvency procedure subject to the payment of any outstanding charges for supply which accrued before the procedure began. You can no longer cease to supply because an invoice issued before the procedure began remains unpaid.

   A person supplying goods or services to a company which enters into a relevant insolvency procedure will also no longer be able to rely on a contract term entitling it to do ‘any other thing’ as a consequence of that company becoming subject to such a procedure. This would include withholding deliveries from an insolvent customer if the trigger for that right is the entry into the procedure.

   The restrictions will remain in place throughout the duration of the insolvency procedure.

   It is still potentially possible to rely on the termination (and other) rights contained in a contract for the supply of goods/services but only where the supplier can satisfy a court that not allowing the enforcement of such provisions would result in ‘hardship’ for the supplier. Unfortunately, the CIGA 2020 does not define what ‘hardship’ means and so it will be for the courts to interpret this as they see fit.

   Temporary exemption for small businesses

   Whilst the changes brought into force by the CIGA 2020 seem to favour customers over suppliers, there is at least some good news for small businesses who supply goods or services. As part of the CIGA 2020, a temporary exemption from the changes was introduced for qualifying small businesses.

   The exemption will run until the end of September 2020 and applies to ‘small’ businesses who meet at least two of the following conditions (in their most recent financial year):

   • turnover of not more than £10.2 million;

   • balance sheet total not more than £5.1 million; and

   • not more than 50 employees

   This exemption means that ‘small’ business suppliers will still be able to enforce the provisions of their contracts during this period.

   Other exemptions to the changes are available but these are limited in nature

   Recommended actions for suppliers

   • Review/redraft any standard contracts used by the business that involve an element of supply of goods/services so they are fit to be used under CIGA 2020.

   • Review contract management procedures and retrain those responsible for managing any contracts with customers to which they supply to ensure that they understand the implications of the CIGA 2020.

   • Review any existing contracts (particularly those of high value/importance) to identify any changes to the way in which they will need to be managed going forward.

   • Review your processes for financially monitoring customers so that you can manage risk and ensure you have an earlier warning of any insolvency.

   Suppliers will need to consider how to account for the additional risk that the CIGA 2020 forces them to take in any contract pricing. For example, suppliers may wish to consider contracts that increase the amount payable in the event of non-payment within the contractually agreed time. There are, however, certain legal requirements necessary to make such provisions enforceable.

   Additionally, suppliers may have to consider simply raising their prices to any business customers whose future solvency is in doubt, or, particularly in the case of high risk customers, insisting on payments being made before any supply takes place.

   If you would like to speak to one of our commercial solicitors regarding the changes that have been introduced by the CIGA 2020 or to discuss amending your standard commercial supply contracts, please telephone on 01782 262031 or by email at lawyers@tinsdills.co.uk

8. A Guide To: Road Traffic Accident Claims

   July 30, 2020 9:22 am Leave a Comment

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   Unfortunately, road traffic accidents are a common occurrence in the UK with resultant injuries ranging in severity – from minor to serious, life altering injuries.

   At Tinsdills, we assist clients by securing the strongest possible compensation to help cover losses incurred as a result of a road traffic accident. Some of the most common categories we work with are pedestrian, cyclist and motorcycle accident claims – and in this blog, we detail further information on making a claim and some helpful facts to help guide you through the process.

   Motorcycle Accidents – Key facts and stats

   Motorcyclists are vulnerable road users and are much more likely to be injured in an accident than motorists. This is because they have much less physical protection than those travelling in motor vehicles.

   According to Department for Transport figures, in Great Britain, 19,297 motorcyclists were injured in reported road accidents in 2016, with 5,553 being seriously injured and 319 being killed, bearing out the vulnerable nature of motorcyclists. There are of course likely to be many more accidents than these as the figures only include those accidents reported by motorcyclists.

   Most common types of motorcycle accidents

   The most common types of motorcycling accidents include the following:-

   • Other motorists emerging from a minor road into the path of the motorcyclist on a major road.
   • Other motorists turning from a major road into a minor road across the path of the opposing motorcyclist.
   • Turning or an emerging motor vehicle colliding with a filtering motorcyclist.
   • The driver of a motor vehicle losing control of their own vehicle and colliding with the motorcyclist.
   • The motorcyclist becoming injured as a result of the condition of the road, for example, striking a pothole or a missing drain cover.

   What should I do if I am involved in an accident as a motorcyclist?

   If you are able to, you should obtain the details of the motorist that has been involved in the accident including their registration number, make and model of the vehicle and also obtain their insurance details. If possible, take a photograph of the vehicle and any damage and take a description of the driver.

   If possible, you should ensure that you take details of any witnesses to the accident and take photographs of the surrounding area if you are unfamiliar with it so that you can precisely identify the accident location. Check out the local area for any CCTV that may be available or any dashcam footage from any vehicles that may have stopped and witnessed your accident. You may, of course, have your own footage from your wearable technology.

   If your accident is as a result of a defect in the road you should do the following:-

   • Take a photograph of the pothole or defect, including measurements, together with a photograph of the surrounding area to provide context. If this is not possible at the time of your accident, return to the scene or ask someone to return for you and take photographs. At Tinsdills, we have a guide to photographing defects, please click here.
   • Take details of any witnesses to the accident. Check the area for any CCTV footage that may be available or dashcam footage from any witnesses. You should also check your own footage from any wearable technology that you have.

   Cycling Accidents – Key facts and stats

   The number of cyclists in the UK has risen drastically in the last decade and this is a trend that looks set to continue with more people taking up cycling during the lockdown caused by the coronavirus.

   Cyclists are particularly vulnerable road users as they are much more likely to be injured on the road than other road users who travel in motor vehicles. This is because they simply have much less protection than those travelling in motor vehicles.

   According to Department for Transport figures, in 2018, 17,550 cyclists were injured in road accidents that were reported, included 4,205 who were seriously injured or killed, bearing out the vulnerable nature of cyclists. There are likely of course to be many more accidents than these on the roads as these figures are only the accidents reported by cyclists.

   Most common types of cycling accidents

   The most common types of cycling accidents include the following:-

   • The cyclist being struck by a HGV either by the wing mirror or as a result of being in the HGV’s blind spot.
   • The motorist pulling out into the path of a cyclist.
   • The motorist turning into a junction and across the path of the cyclist.
   • The cyclist being struck from behind having been unseen by the motorist.
   • The overtaking motorist failing to allow enough space when overtaking the cyclist.
   • The cyclist becoming injured as a result of the condition of the road, for example, striking a pothole.

   Claiming after being hit by a motor vehicle

   If you have been involved in an accident as a pedestrian and have been hit by a motor vehicle such as a car, van, lorry or motorbike, then you may be able to make a claim as a pedestrian against the person responsible.

   As a vulnerable road user, you may well be more severely injured if you are struck by a motorist as you will not have any of the protection of other road users in vehicles. These injuries can often be serious and greatly affect your life.

   The law will protect pedestrian victims of road traffic accidents. If you are injured through no fault of your own, perhaps after being struck by a motor vehicle whilst crossing the road or as a result of a motor vehicle mounting the pavement, then you could hold them to account and could be entitled to compensation related to the severity of your injuries.

   Our solicitors are dedicated to providing helpful legal advice to all of our clients to ensure they get the amount of compensation and closure they deserve from accidents caused by motor vehicles whilst they are in the vulnerable position of being a pedestrian.

   If you’ve been injured as a result of a road traffic accident, our friendly team of personal injury lawyers are well-versed in helping clients receive deserved compensation. Get in touch with us to discuss your claim.

    

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9. A Guide To: Buying a New Build Home

   July 14, 2020 4:38 pm Leave a Comment

   Purchasing a new build property can be a daunting prospect if you are unfamiliar with the process. That’s why we have created a guide to help identify the steps you will take, as well as useful things to consider, to ensure that you successfully purchase your dream home.

   1. Find the Developers building properties in your desired area – make sure that you thoroughly research and read any relevant reviews for these Developers. This will be particularly important if you are purchasing a property that is yet to be built or in an area that you are not familiar with. 
      
      
   2. Visit the New Build site or contact the Developer and find the home (or style of home) that you wish to buy. 
      
      
   3. Contact our Client Service Advisors for an estimate of conveyancing costs.
      
      
   4. Once Tinsdills has been instructed, we will issue you with a Client Care Pack which includes our Terms of Business, a request for proof of identity and payment on account for searches. You will need to sign and return the Terms of Business and provide the requested information to enable us to start work on your purchase.
      
      
   5. You may have to pay a reservation fee to the Developers’ sales office in order to secure the property (this will usually only secure the property for 28 days). This reservation fee may not be refundable and you should consider the terms of any reservation agreement that you are asked to sign very carefully. The Developer will also perform their financial checks at this stage such as a credit check and ensuring that you have a mortgage offer in principle. At this stage you should consider whether you wish to use (and let the Developer know if so) the Help to Buy Equity Loan Scheme or the Shared Ownership Scheme, if applicable. Please see our article regarding the Help to Buy Loan here. 
      
      
   6. The Developer will send your solicitor the Reservation Form so that they can move forward with your purchase. 
      
      
   7. If you are having a mortgage, you should now apply to your chosen lender with the property details. (You will probably have a mortgage promise already at this point as this is necessary for most Reservation Forms). If you are using the Help to Buy Loan Scheme, they will need to authorise your mortgage offer.
      
      
   8. Your mortgage lender should arrange a valuation survey for the property. If you are buying a property yet to be built, they will use the plans and specifications in order to do this. 
      
      
   9. The Developer will send your solicitor a Contract pack, together with all of the necessary information for the property. Your solicitor will raise any enquiries necessary at this stage. 
      
      
   10. Tinsdills will order the searches to be undertaken on the property. Searches are compulsory if you are having a mortgage. They are advisable on a cash purchase also, but not compulsory. Your solicitor will review the search results and again send any enquiries necessary to the Developer. 
       
       
   11. When you receive your formal mortgage offer, your solicitor should receive their copy at the same time. Your solicitor will draft the final completion statement and include details of any charges and payments required. These will include any additional payments that you have agreed with the Developer and the Developer will send your solicitor their financial Completion Statement. At this point your solicitor will advise the lender of any 3rd party payments’ (e.g. gifted deposit) and discuss with you if a co-ownership agreement is needed.
       
       
   12. Once Tinsdills receive all search results, your mortgage offer and replies to any enquiries raised, your solicitor will prepare a Purchase Report for you.
       
       
   13. Tinsdills will send you the Purchase Report, the Completion Statement, and any documents you may not have seen as yet. You will also be asked to make an appointment to see your solicitor to discuss the matter in detail, sign the documents required, discuss payment details for the deposit/balance due and finally, advise you of the completion date that the Developer expects to achieve. When exchanging Contracts on a New Build property, your solicitor will often do this with the Completion date ‘on notice’. This means that after exchange, your solicitor will wait to be informed that the property is ready in order to progress to legal Completion. There will usually be a timescale for this within the contract. 
       
       
   14. Once Tinsdills are in receipt of deposit funds from you, Contracts will be exchanged and your solicitor will send the deposit onto the Developer. As mentioned at stage 2, the property is usually held for 28 days with the reservation fee. This means that Contract exchange must happen before this period finishes in order to ensure the property is secured. This is something to consider if you need some time in order to access your funds etc. The Developer may well extend the period for which the property is held and Tinsdills can assist in negotiating this for you.
       
       
   15. If your solicitor has exchanged contracts for completion ‘on notice’, when the property is physically complete, it will be inspected by the NHBC or other structural provider and your solicitor will be served with a notice providing a period of time, usually between 7-10 days to complete. You will be asked to complete your pre occupation inspection at this stage. It is very important that you inspect the property thoroughly; you will not be able to refuse to complete and/or retain any sums of money if the property is finished to your satisfaction at the end of the notice period.
       
       
   16. Tinsdills will request the mortgage funds from your lender once there is a fixed Completion date – they usually require 5 working days notice. Any final balance due from you will also be requested at this time. If you are using the Help to Buy Loan Scheme, your solicitor will also request funds from them at this time. If you have a Help to Buy ISA, your solicitor will also request the relevant bonus. 
       
       
   17. Completion Day – Your solicitor will send the purchase price to the Developer by bank transfer. Once received by them, they will release the keys and you will be informed at that time by telephone. They will also provide you with any relevant paperwork for the site and any contents at this stage (or just after). This should include any guarantees and manuals. 
       
       
   18. After completion, your solicitor will arrange payment of your stamp duty (if required) and also apply to HM Land Registry to register the property in your name. Once this is finalised, you will receive a copy of your Title Information Document from your solicitor and your lender will also receive a copy. This process may take slightly longer for a newly built property as the property will not have been registered previously. 

   Things to Consider 

   • Make a Snagging List
     Walk around your new home (if you are able) and identify anything that you don’t think has been completed to a satisfactory standard. These could include defects with fixtures and fittings or additional items that you paid for that have not been installed correctly, or even at all. The ideal time to make this list would be before Completion (and after Contract exchange if possible) but making sure you do this as soon as possible is advisable. These issues can then be fixed prior to Completion leaving less possibility of disputes about liability for the issues. A good way to avoid these issues would be to take a photo with a timestamp in order to show when the defect/issue was present.
      
   • Warranty
     With all New Build properties, the Developer provides a warranty; this may be an NHBC certificate, Architects certificate or some other guarantee. You should familiarise yourself with the limited scope of these guarantees.
     
     
   • Possibility for further development
     Consider whether any possible further development of the site after the current stage has been completed will affect your enjoyment of the property or its value. Speak to the Developer about any future plans they may have, a good indicator of this may be any land adjoining the development that is left undeveloped. This may not be something that you will receive an answer for, but is still something to consider. 
     
     
   • Site Visit
     Visit the current and past sites for the Developer. This will give you an idea about the final property that you will be purchasing and its specifications, but will also give you a feel of the overall development. It will also allow you to see things such as access routes and new roads in person. 
     
     
   • Leasehold v Freehold
     Consider whether you wish to purchase a freehold or leasehold property. If you are looking at a leasehold property, you will need to be aware of what is contained within the lease and any restrictions placed on the property. This is something that you will be made aware of within your Purchaser’s Report. 
     
     
   • Long-Stop Dates
     Long-Stop dates are put in place by the Developer to set a final deadline for completion of the development of your property. If this deadline is not reached, you will be owed money by the Developer for the duration that the property is not completed beyond the deadline. Having a clear Long-Stop date in place with the Developer from the beginning ensures that you are aware of the timescales involved with your property allowing you to plan ahead and make any necessary arrangements. Always ask what the Long-Stop date affecting your property is. 

   Contact our team today for further advice and guidance on the purchase of a new build property.

10. A Guide To: Medical Negligence Claims

    July 8, 2020 1:59 pm Leave a Comment

    This article serves as a short guide to medical negligence claims, covering topics including fatal accidents, medical negligence resulting in death, how to make medical negligence claims and what will happen when you do.

    Firstly, let’s consider what happens once you’ve decided to take advice on making a medical negligence claim. If you consider you have sustained injury or losses attributed to medical negligence, you should discuss your claim with your solicitor.
    
    Remember that you cannot succeed in a medical negligence claim unless:

    1. Independent medical experts (other doctors) are willing to provide reports saying that the treatment you received fell below the standard of reasonable competence (we call this issue breach of duty), and,
    2. An independent medical expert is willing to provide a report explaining whether, and if so, to what extent the outcome for your medical condition has been adversely affected by the sub-standard treatment you received and, identifying the nature and the extent of the damage caused (we call this issue causation).

    The team at Tinsdills will review your claim and take stock of the merits of the claim at each stage as more information and expert evidence becomes available, helping you to build the strongest possible case.

    Steps Towards Making A Medical Negligence Claim

    Your claim will then follow the below steps – these could be in a slightly different order, or might not all be necessary, depending on the specific nature of your claim. Throughout, we will consider what rehabilitation might help you and liaise with your opponent about this.
    
    On your behalf, the medical negligence team at Tinsdills Solicitors will:

    • Consider with you the benefit in making a formal complaint to the treating doctor or service provider and reviewing any response.
    • Identify the relevant medical record to be obtained and request copies of your medical records.
    • Identify the issues to be investigated and the appropriate independent experts to instruct.
    • Obtain independent expert evidence on breach of duty; causation and your present condition and prognosis. This may involve you being examined by the expert(s) so that they can prepare their report.
    • Send a letter of notification/letter of claim to the hospital or clinician identified to be at fault setting out the allegations being made and providing a summary of losses sustained.
    • Consider the response to the letter of claim.
    • Identify the issues between you and your opponent on the issue of both breach of duty and causation.
    • Consider with you the value of your claim in the light of the expert evidence on causation, present conditions and prognosis.
    • When it is possible to do so; assess the value of your claim and enter negotiations with a view to settlement.
    • If a negotiated settlement is not possible, either because of an issue over breach of duty and/or causation or if there is insufficient time before the 3-year limitation period expires, we will start court proceedings.

    Medical Negligence Claims Resulting In Death

    Inevitably, the steps will be different for claims seeking compensation for medical negligence resulting in death. In these circumstances, family and relatives should still begin by speaking to our legal team at Tinsdills Solicitors, before following the steps below. As before, some of these steps may not be necessary or may be in a different order, depending on the specifics of your claim. Tinsdills will review your claim at all essential stages as more information becomes available, and proceed through the below steps with you.

    • Firstly, you should contact Tinsdills to discuss what has happened. Be prepared to tell us if your relative left a Will. If so, be prepared to tell us who the executors are and whether a Grant of Probate has already been obtained.
    • There may have been a post mortem and the Coroner may have opened an inquest into the death. It may, in some cases, be necessary to wait for the outcome of the Coroner’s inquest before we can make progress with a claim. We are able to represent the family at the inquest, if you wish.
    • We will then identify all appropriate witnesses to the circumstances leading to the death. It’s important to preserve all documentary evidence as to your relative’s finances, income and pensions (if any).
    • Tinsdills will work with you to identify all persons having an expectation of a benefit from the deceased (financial or non-financial) at the date of death so as to identify the dependants for whom claims can be made.
    • Next we will request copies of the inquest documents and relevant medical records of the person who has died.
    • Then we will identify the issues to be investigated and the appropriate independent experts to instruct. The same investigation is required to find evidence to prove both breach of duty and causation.
    • We will prepare a calculation and a schedule setting out the claims to be brought for the benefit of the Estate and also for the benefit of any surviving spouse, and any dependants eligible to bring claims.
    • We will then move on to sending a letter of notification/letter of claim to the party at fault setting out the allegations being made and providing a summary of the losses sustained.
    • We will consider the response to the letter of claim.
    • Next, it is necessary to take stock, to identify what, if anything, can be agreed and what remains in issue. We then review the case as a whole and consider with you the possibility of seeking to negotiate a settlement to avoid issuing court proceedings.
    • We will then consider if any additional evidence might be required to prove those aspects of the claim that remain in issue.
    • If a negotiated settlement is not possible, we will start court proceedings.

    If you are confused or require guidance or reassurance at any point throughout these processes, you should contact your solicitor at Tinsdills looking after your claim. We will gladly explain or clarify the procedure so that you feel comfortable and informed throughout. If you would like to learn more about our medical negligence services, click here.