Coronavirus Claims Contract Confusion

 

What impact will the coronavirus have on performance of contracts?


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

From general commercial contracts where you may wish to terminate or delay a contract or be a victim of the same, or special occasions where you may have put down significant deposits. Insurance cover may not always be sufficient in these circumstances to claim back compensation or deposits. We can advise you if you are unsure of your rights.

A Force Majeure clause may assist in your liability for what could otherwise have been a breach of contract. If there is no such clause in your contract you can seek to rely on the common law doctrine of frustration of a contract.  Frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed.

Generally a party shall not be liable for any failure of or delay in the performance of an agreement for the period that such failure or delay is beyond the reasonable control of a party and provided the legal requirements are fulfilled.

We Can Help

At MW Solicitors, our mission is “To make quality legal services accessible to everyone” including those trying to resolve contract disputes or insurance claims.

If you are a creditor or an Insolvency Practitioner and would like to talk to one of our Commercial Debt Resolution Team . Call us today on 020 3551 8500 or fill in our Contact Us form to arrange a callback at your convenience.

 

Is Your Will Up To Date?

 

During this difficult period of lockdown and self-isolation MW are using all available technology to ensure that it is business as usual for clients especially when people are wanting to make a Will.


Mark Stubberfield
Mark Stubberfield
Regional Partner & Head of Court of Protection

The health and wellbeing of our staff and clients is paramount to us which means that we are unable to offer face to face appointments.  We are able to offer a range of alternative meeting types by email, post, telephone or video conferencing – whichever meets your needs best.

Once we have your instructions we will prepare the draft of your Will for you to approve.  Once the Will is approved the next step is to arrange for it to be signed.  A Will needs to be signed by you in the presence of two independent witnesses.  This means that you and the witnesses need to be able to see each other when the Will is signed.  Your beneficiaries or the spouses of beneficiaries cannot be a witness.  As people are currently unable to interact with anyone outside of their household this usually means that there is no one in the house who is able to act as a witness.  This is not something that can be done by a video link which makes matters difficult when having to social distance and keep two metres apart from others.

At the moment, the creative way forward is to arrange to sign a Will with witnesses watching through a window.  If the two witnesses can stand two metres apart and see you sign the Will through a window, then Will can then be passed to them (either through a letterbox or keeping two metres apart) for them to sign. Alternatively, everyone would need to ensure that they are keeping more than two metres apart at all times.  People may wish to wear gloves when doing this and there is no need to all use the same pen so everyone can keep their own if they would prefer.

It is also suggested that this be videoed, if possible, should anyone ever question if it was dealt with correctly.

Another option would be to re-sign the Will in the usual fashion once the current guidance is lifted.

Discussions are ongoing with the Government to try and relax the rules on signing Wills due to the Coronavirus COVID-19 restrictions but until any changes are made we all have to try to deal with matters the best that we can to ensure that Wills are validly executed.

We Can Help

At MW, our mission is "To make quality legal services accessible to everyone", a maxim which is even more relevant in these unprecedented times.  We hope that you find this information useful and please contact us should. 

If you are in any doubt as to your need for a Will, want to update your Will or if you require any assistance with any other matter, call us today on 0203 551 8500 or use our Contact Us form to arrange a callback at your convenience.

questions

 

A Lasting Power of Attorney (LPA) is a legal document which gives chosen individuals authority to make decisions on your behalf if you are unable to.


Katie Woodcock
Katie Woodcock
Solicitor - Estate & Trust Disputes Specialist

As a population, we are living longer and recent research by Alzheimer’s Research UK shows that sadly, 1 in 3 of us will be affected by the disorder. In addition, long term conditions and mental health concerns can also affect our capacity to make decisions.

As a contentious practitioner, I see many disputes between Attorneys who were, in the first instance, appointed by loved ones with the very best of intentions. Breakdowns in family structure and relationships can lead to dispute and differing of opinions which, if not managed correctly and discussed on an open basis, can fester and lead to expensive and unwanted litigation.

How do we choose who we wish to make those very important decisions when we are unable to and what should we take in to account when deciding who should be our Attorney? The question of whom to appoint is very important and the following points should be discussed with the person(s) you are considering appointing: 

  1. What is their understanding of Lasting Powers of Attorney?
  2. What are their motivations to be your Attorney?
  3. Do they understand the legal implications of becoming an Attorney?
  4. Are they willing to take on the responsibility?
  5. How will they work with their co-attorneys?
  6. If you are appointing Attorneys for property and financial affairs, how financially savvy are they?
  7. If you are appointing more than one Attorney, are there any pre-existing issues between them?
  8. If you are appointing just one Attorney, would you appoint a replacement in case they cannot act?
  9. Are there any issues which are likely to arise between your Attorneys?
  10. Do they hold different moral standards or beliefs from each other?
  11. Do they hold any views that may conflict with your views and prevent them from acting in your best interests?
  12. Are they financially secure themselves?
  13. Have they ever been bankrupt?
  14. Do they have any criminal convictions?
  15. Are they in good health?

Approaching these questions on an open basis with your Attorneys prior to appointment could prevent disputes arising further down the line. It is also important to keep lines of communication between you and your co-Attorneys open; the role of Attorney places strict legal obligations upon an individual which should not be entered in to without appropriate legal advice.

The costs of resolving disputes between attorneys and indeed, litigation in itself can be high and so I advocate the use of mediation and round table meetings in an effort to resolve disputes. Of course, the Court of Protection is a last resort should discussions and resolution not be possible. However, the most cost-effective and speedy way of resolving is often to talk and mediate disputes.

We Can Help

At MW Solicitors, our mission is "To make quality legal services accessible to everyone", including those who need to appoint or resolve disputes between Attorneys. 

Katie Woodcock is a specialist solicitor in our Estate and Trust Dispute Team. She would be happy to talk through any issues you may have on 020 3551 8500 or use our Contact Us form to arrange a callback with our Estate and Trust Disputes Team.

NHS Hospital

 

At the end of last year, we reported on a judicial review which was given permission to proceed.


Fiona McNelis
Fiona McNelis
Senior Associate Solicitor & Head of Public Law, Civil

The judicial review hearing took place on 12th February 2020 and the Court granted relief to the effect that the inquest verdict be quashed and a new inquest take place before a different Coroner. 

The Court held that the Coroner was wrong not to put the issue of neglect before the jury at the inquest especially in light of a Prevention of Future Deaths report sent by the Coroner to one of the Trusts involved.  The Prevention of Future Deaths report indicated the matters of concern to be:

  1. the failure to arrange consultation between the mental health doctors and the doctors responsible for her physical health.

  2. the failure to provide suitable or adequate care for her needs.

  3. the failure to provide appropriate care at the Centre.

The Court held that it was unfortunate that the Coroner did not provide any explanation as to why neglect was not put to the jury bearing in mind submissions made to him on this point.  As a result, the inquest was flawed. 

The Court also felt that it could not substitute the verdict as the issue of neglect was one for the jury and not something that the Court could second guess.

We now await the details of the Coroner who will hear this inquest and arrangements for the new inquest to take place. 

Media Coverage

We Can Help

At MW, our mission is "To make quality legal services accessible to everyone" including bereaved families who deserve to know the circumstances of their loved ones death.

If you have a family member or loved one who died whilst in the care of NHS Mental Health facilities and wish to talk to one of our specialist Lawyers, call us today on 020 3551 8500 or use our Contact Us form to arrange a callback at your convenience.

Wrongful Arrest

BBC Scotland reports that a man who was wrongfully arrested and sent to prison on remand has been awarded £100,000 in compensation from Police Scotland.


Fiona McNelis
Fiona McNelis
Senior Associate Solicitor & Head of Public Law, Civil

Whilst this is a Scottish case and therefore outside the jurisdiction of the UK Courts, it stresses the importance of holding public bodies to account for their actions.

In this case, Mr Webb was arrested and spent 3 nights on remand in prison.

Mr Webb had no criminal convictions and this is clearly a case where the Scottish Police were guilty of mistakenly identifying Mr Webb as the suspect.  Mr Webb produced his passport, driving licence and photos of himself as evidence to show that he was not the suspect.  Yet the police arrested him, took him to the police station and detained him.  It beggars belief that this can happen.

We Can Help

At MW, our mission is "To make quality legal services accessible to everyone" including those who have been wrongfully arrested.

If you or a family member have been falsely arrested and wish to talk to one of our specialist Lawyers, call us today on 020 3551 8500 or  use our Contact Us form to arrange a callback at your convenience.

Extinction Rebellion

 

In recent news the Court has ruled that the Extinction Rebellion arrests were unlawful.  The Police had no power to impose a ban preventing 2 or more Extinction Rebellion protesters from taking part in protests under the Public Order Act. 


Fiona McNelis
Fiona McNelis
Senior Associate Solicitor & Head of Public Law, Civil

MW anticipate this will now lead to lots of claims against the police for unlawful arrest and detention by members of Extinction Rebellion.  At MW Solicitors we have specialist Solicitors with experience dealing with Actions Against the Police cases.

We Can Help

At McMillan Williams, our mission is to "To make quality legal services accessible to everyone" including those who wish to pursue an action against the police or other authority, Our Team can help you with claims against the police for unlawful arrest and detention and other matters.

We offer a range of alternative funding options including Legal Aid and conditional fee agreements (no win no fee) to ensure that you get the justice you need.

Don't delay call us today on 0203 551 8500 or use our Contact Us form to arrange a callback at your convenience

Police

An independent report commissioned by the Mayor of Manchester reveals that abusers walked free as a result of errors made by the Greater Manchester Police and Childrens Services. 


Fiona McNelis
Fiona McNelis
Senior Associate Solicitor & Head of Public Law, Civil

Some of the police officers involved in the original investigations are still serving police officers and the police watchdog has been asked to investigate.

The independent report concluded that the investigation of the sexual exploitation of vulnerable girls in care were shut down prematurely in 2005. The reason given by the police for this was a lack of resources, which was found to be untrue in this report.  These cases were not prioritised by the police or treated seriously.

The re-investigation of these cases has identified other possible victims. 

The Greater Manchester Police have apologised to the victims.

It appears that at the time the Greater Manchester Police were more concerned with meeting performance driven targets based on the government’s priority offences (vehicle crime, domestic burglary and robbery) than securing justice and convicting the abusers.  Information gathered has revealed that the abusers were known to the police in 2004 but they were allowed to continue their campaign of abuse of vulnerable people and targeted places such as care homes for children. 

We Can Help

At MW, our mission is "To make quality legal services accessible to everyone" including victims of abuse.  We are a top 200 firm with dedicated specialist teams in the fields of abuse, personal injury and actions against the Police and other public bodies.  This means that we are fully aware of the issues involved in dealing with these large organisations and are well placed to equip you with the tools needed to succeed in your aims.

If you wish to talk to one of our Abuse Lawyers call us today on 020 3551 8500 or use our Contact Us form to arrange a callback at your convenience.

 

Death in NHS Care

 

MW Solicitors Civil Litigator Fiona McNelis was involved in an Article 2 inquest at the end of March 2019 where the Coroner investigated the circumstances of the death of our clients’ sister who died in a mental health hospital of malnutrition as a consequence of a gastric bypass aged 45.

The case


Fiona McNelis
Fiona McNelis
Senior Associate Solicitor & Head of Public Law, Civil

The client's sister underwent a gastric bypass operation in March 2010 (against the wishes of her family) which resulted in complications as she suffered from malabsorption.  This lead to problems ensuring that she had the right supplements and nutrients and she had to be fed through a PEG tube at stages.  There were long periods when she was not eating and in the family’s view no proper care or joined up care plan was put in place to treat her.   

From approximately the summer of 2016, she started to deteriorate badly resulting in gradual organ failure and then her sad and untimely death on 31st July 2017.

It was a very sad inquest and one which was hard fought and very traumatic for the family.  A number of difficulties needed to be resolved.

  • Funding the case was an issue. 

  • Part of the matter was funded by CrowdJustice.

  • The clients approached MW approximately one week before the day listed for the inquest.  It was listed for ½ a day in spite of the fact that there were 4 NHS Trusts involved in providing care. 

  • The Coroner delayed in ruling that this was an Article 2 inquest and then tried to renege on this at a later date.

The outcome

We were very fortunate to have an excellent jury who were fully engaged and asked lots of questions throughout the inquest.

By the end of the inquest, all parties agreed that one Trust in particular were guilty of at least neglect in this case and in our view, this was a case of gross neglect and we asked the Coroner to put this verdict to the jury and to consider whether any criminal sanctions should follow.  The Coroner refused to do so and offered no reason for this.

If this verdict had been put to the jury, we believe that they would have returned this verdict.

In the end, the jury went as far as they could within the directions given to them by the Coroner and found that the cause of death was

“inadequate provision and intake of sufficient nourishment and nutrition, furthered by an inability to appropriate the necessary medical intervention whilst at the Bracton Centre.”

What Happens Next?

The consequence of this means that there may be a civil claim against the Trust concerned and this is on hold pending the outcome of the judicial review. 

MW Solicitors also applied for an Attorney General Fiat which is also on hold now that the Court have granted permission on the papers.

The Administrative Court will now list this matter for a hearing of the substantive Judicial Review application.

We Can Help

At MW, our mission is "To make quality legal services accessible to everyone" including bereaved families who deserve to know the circumstances of their loved ones death.

If you have a family member or loved one who died whilst in the care of NHS Mental Health facilities and wish to talk to one of our specialist Lawyers, call us today on 020 3551 8500 or use our Contact Us form to arrange a callback at your convenience.

 

 

 

 

 

Boundary Disputes

 

In recent news two multi-millionaire neighbours are in dispute over a 12 inch strip of land between their respective properties. 

The properties are separated by a passageway. Party A carried out extensive renovation works including excavating their basement under the passageway right up to Party B’s flank wall. Party B is seeking an injunction to compel Party A to move the outer wall of his property away from their property by 12 inches and to partially fill in the basement claiming that they own part of the passageway. Party A denies any encroachment and insists that the passageway forms part of the property’s title.  This is not an unheard of scenario and one which many people are involved in on a daily basis throughout the country. Resolving these kinds of disputes can not only be costly and time consuming but often also lead to further animosity and resentment between neighbours.

Are you Aware of Your Property's Boundary?

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A boundary dispute occurs when two people both believe they have rights over a piece of land. One person erects a fence, plants a hedge, builds a structure or paves their driveway over the land that the other thought to have owned and inevitably a dispute arises. 

How do I avoid a Boundary Dispute?

While it is not always possible best practice is to firstly identify where your boundary is before the works start. This can be done by gathering as much information as possible about not only your property but neighbouring properties as well. Title deeds, photographs, Ordnance Survey Maps and declarations from previous owners can all assist in determining the boundary of the land.   Regrettably this information is often vague and can be inconsistent so the best way to deal with the situation is to try to agree the boundary with your neighbour and resolve the matter amicably.

If an agreement cannot be reached you may need to consider involving surveyors and/or solicitors.

Seeking the advice of a surveyor who specialises in boundaries and boundary disputes may help to resolve matters quickly especially if the report provided by the surveyor is accepted by your neighbour. If an agreement cannot be reached, involving the court to determine the boundary may be the only remaining option.

Boundary disputes can be complex and we always suggest getting some legal advice if a dispute is inevitable it may also import to consider whether any works carried out by your neighbour fall within the ambit of the Party Wall etc. Act 1996 and what steps need to be taken in this regard. MW also have specialist solicitors who have extensive experience dealing with Construction disputes.

Boundary disputes often entail disproportionate time and expense being spent by parties and their advisers, arguing about a small piece of land. Disputes take place in close quarters and the stress and personal tone of them can mean that the most reasonable of people can become embroiled in hostile exchanges and lose a sense of perspective over what is at stake.

We Can Help

At MW, our Civil & Commercial Litigation Department has specialist property dispute solicitors who can assist with the most complex of disputes, including:

  • Boundary disputes
  • Easements (e.g. rights of way etc.)
  • Nuisance (e.g. tree roots, noise, water ingress, damp etc.)
  • Trespass
  • What is Adverse Possession?
 

 
Our expert Solicitors are waiting to take your call and assist you in getting the best result, as quickly as possible.  Call us today on 020 3551 8500 or use our Contact Us form to arrange a callback at your convenience.

Commercial Dispute Resolution

MW was instructed to act for Ms Walker who approached Meta Panchamia in our Commercial Dispute Resolution Department for advice on an action commenced against her by Prestige Finance Ltd (PF).

The case


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

PF has advanced an unregulated loan to our client in April 2005 (the then £25,000 regulated threshold) despite our client having asked for a loan for £18,000. The loan was to pay off some debts but when she signed this agreement she did not know she would actually end up in more debt. The loan was for £27,050 with costs and interest at 14.5% per annum (when the Bank of England base rate was 4.75%) over 240 months, provided she did not default in which case there were penalty payments.  Her claim was that she was misled into signing the agreement.

Our client in fact, wanted the loan to be for a short term and wanted to be able to repay it when she could afford to do so.  The terms were never properly explained, the broker involved persuaded our  client to take a larger loan and required her to secure it against her property for which she had no legal advice.

The major issue was the interest was extortionate at 14.5% with penalties if she missed  a payment. When she approached us she had paid just over £48,000. She had put in her own defence and needed proper guidance on some complex areas of finance law.

It appeared to us that our client had a strong arguable case. An amended defence was filed asking for the agreement to be re-written given the unfairness. Our client had also been subjected to a breach of data protection and a counterclaim was added. The finance company had sent her personal data to a third party notwithstanding the fact that they had also lost her file.

The Outcome

Despite efforts to try and settle the matter the case was heard in Brentford County Court and a reserved judgment was handed down on 16 October 2019 when Judge Nisa decided that the agreement should be re-written. The interest rate was reduced to 5.5% and that meant our client is to be repaid £1,856 back along with £500 in damages for the data protection breach and costs. The possession application was lifted and the charge will be removed.

The client was of course very pleased as this matter has caused her sleepless nights. She is finally able to get on with her life without the constant pressure of a loan company demanding repayment of an unreasonable sum.

It is unfortunate that some finance companies can convince vulnerable consumers into signing loan agreements where the terms dictate that the amount due to the loan company, will never be paid off until after their lifetime. Here we were able to assist the client which resulted in a very successful outcome.

We Can Help

At MW Solicitors, Our Mission is "to make quality legal services accessible to everyone" including those who may have fallen into financial difficulties through no fault of their own. 

If you need help or would like to talk to one of our Commercial Dispute Litigators to discuss your issues, call us today on 020 3551 8500 or use our Contact Us form to arrange a callback at your convenience.

 

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