• Over 80 carers service provider information stalls
• Carers assessments
• Live entertainment
• Pampering treatments
• Informative workshops

We Solicitors attended the event to raise awareness of the legal issues surrounding care and the assistance that is available to carers and in particular those they care for. We gave advice on Wills and Lasting Powers of Attorney.

We provided a Free Prize Draw for a Will. The lucky winner was drawn at the end of the day. We had over 50 entrants and spoke to over 60 carers throughout the day providing information and individual advice.

It was a hugely successful event.

A reduction in the security bond discovery period after the client's death from 7 to 2 years for all new bonds taken out on or after 1 May 2010

• 
  Adding Local Housing Allowance to the list of benefits that qualify a customer for exemption from payment of OPG fees
• 
  Allowing the Public Guardian to investigate EPA attorneys together with other interested parties should the need arise
  Clarifying that a certified copy of an EPA will only be accepted if the original cannot be produced due to its being lost or destroyed
• 
  Amending the 'Application for registering an EPA' form to allow for the registration of a certified copy only if the original cannot be produced due to its being lost or destroyed
• 
  Amending the 'Notice of intention to apply for registration of an Enduring Power of Attorney' form to require attorneys who are not joining in the application to register an EPA to be named

The changes will mean that new and amended versions of forms EP1PG ‘Notice of intention to apply for registration of an Enduring Power of Attorney', EP2PG 'Application to register an Enduring Power of Attorney' and OPG506A ‘Application for a fee exemption or remission' will be issued on the 1 May 2010 and will be available for download from the OPG website.
Previous versions of these forms will continue to be accepted by the OPG until the 1 November 2010. After this date however, only the new versions of these forms will be accepted.

The victims are expected to get £1,200-£9,000 each plus other expenses for loss of weddings, holidays and wages.

The group that owns Argos and Homebase, furniture chain Walmsleys and other smaller firms had admitted liability for selling the Chinese-made sofas.

Some Land of Leather customers will not get a pay-out, after an earlier ruling.

Read more...
http://news.bbc.co.uk/1/hi/uk/8644156.stm

These "ambulance-chasing" companies often take a chunk of any damages pay an up front charge or fee out of your compensation, you should run a mile.

You shouldn't have to pay anything to pursue a valid personal injury claim."

So ignore the claims-management companies and go straight to a solicitor for advice. You can find a personal injury
   
specialist by contacting the Law Society or the Association of Personal Injury Lawyers.

"Don't be sucked in by claims- management firms' TV marketing  campaigns, they are only trying to profit from other people's misfortune," adds Wingate. "Cut out the middle man, and go straight to a solicitor. Many will offer a free initial consultation and if you decide to  pursue your claim, they may offer a  no-win, no-fee agreement."

The Law Society says you should be wary of anybody who knocks on your door uninvited, cold calls your home phone or visits you in hospital to talk about making a claim, practices now banned under Government regulations.

If you have already signed up to a claims-management service it may not be too late as you get a 14-day cooling-off period in which you can cancel.

Claims-management companies have been blamed for a surge in personal injury claims inrecent years, says head of communications at insurer esure Adrian Webb. "Cars are safer and injuries are less severe but the number of
personal injury claims is steadily growing.

"We have seen a massive surge in low-value claims against insurers and this is pushing up the cost of motor  premiums for everybody."

Webb also says the rising number of daytime TV adverts is partly to blame.

"Some claims companies encourage people to chase borderline claims or even exaggerate their injuries," he says.

"Don't even consider  it or you could open yourself up to criminal action for fraud."

Before pursuing any personal injury claim, first check whether you have a type of insurance called legal expenses cover, says Roy Hebburn, divisional claims manager at insurer Allianz.

"This is often available as an add-on to motor and household insurance policies, so it is always worth checking," he explains.

"Many more people have this cover than realise it."

If you've got this cover you can either contact your insurer who will direct you to a lawyer without charge or mention it to your own solicitor who can charge their costs to the insurer.

The vast majority of motor-related personal injury claims are settled without litigation.

If the injury was caused by an uninsured driver you can also claim compensation from a State scheme called the Motor Insurers' Bureau.

"All passengers in a car accident are virtually 100 per cent certain of success,"  says Hebburn.

"You should be able to make a successful claim for compensation, without having to cede any of your damages to a lawyer. There is no need to put your hand in your pocket."

Alternatively, you could seek compensation direct from the negligent party's insurer rather than appointing a solicitor to handle your case.

Insurers actively encourage people to do this because they won't have to pay your solicitor's costs and claim they will settle such cases quickly and fairly. How- ever, only do this if you are confident of arguing your case, says Wingate.

"One danger is that you often don't know the  long-term consequences of your injury. Whiplash, for example, may not appear for weeks, while injuries that initially seemed minor may become more serious.

"Insurance companies are keen to settle claims quickly but you might not get the compensation you deserve."

Law Society launches campaign to restrict will writing to the legal profession

There has been much coverage recently about Will writing organisations.  Last year the Probate Section of the Law Society launched an investigation into Will writing societies and companies and problems which people have faced with the Wills prepared by them.

The Law Society has now launched a campaign to restrict will writing to the legal profession.

Perpetuities and Accumulation Act 2009

The Perpetuities and Accumulation Act 2009 received Royal Assent in November 2009 and will come into force this year.

The Statute introduces a single 125-year perpetuity period which will always apply with the option to choose a shorter period.  The new period will apply to life time trusts.

Intestacy and Family Provision Claims on Death

The law relating to intestacy and family provision claims on death are being reviewed by the Law Commission.

• The proposals in the Consultation paper for consideration include:
• A surviving spouse, where deceased has no children would inherit the whole estate
• In cases where the deceased had children, there are options as to whether the surviving spouse should inherit all, or make minor amendments;
• Couples who have had a child together or lived continuously as a couple for more than five years should have the same rights on intestacy as spouses
• Where couples have lived together for more than two (but less than five) years up to the date of death, the survivor should be entitled to held of the share of the estate that a surviving spouse would have received
• Whether the current preference in intestacy rules for parents over brother and sisters should be retained
• Whether the limit to the value of assets that can be administered without having to obtain formal authority to deal with the estate should be raised from the present level
• With regard to family provision claims, whether a wider range of family members should be entitled to bring a claim

This comprehensive guide produced for Solicitors, professionals, families and attorneys of the elderly or the vulnerable.

It identifies risk factors and assists those in contact with the elderly to identify abuse and how to deal with it, whether it is in a care home, at home, or in the NHS and it provides remedies for various forms of neglect and abuse and including financial, physical and physiological.

The guide reiterates the benefits of seeking the help and advice of a Solicitor when preparing a Will and especially a Lasting Power of Attorney. A Solicitor adheres to the Solicitors Code of Conduct 2007 and has a duty when acting for clients for example:

• When making a Will a Solicitor has a duty to that their client ensure there is no undue influence or pressure to make a Will and can confirm that the client has testamentary capacity should this later be questioned.
• When making an LPA a Solicitor can fully advise you of the various benefits and pitfalls you may not have thought of. For example to have a condition in the power to have accounts checked by a third party can ensure added protections and this could be carried out by a solicitor.
• Appointing a solicitor to be your Attorney as a Solicitor has a much higher duty of care t act in your best interests and to ensure your affairs are dealt with correctly. A family member or trusted friend could be appointed in a condition of the power to check the accounts of a solicitor.

There are many aspects of Wills and LPA which can be tailored to your needs that Solicitors come across regularly and will have the know-how and experience to deal with.

In addition, the guide provides many useful contact and recourses and a separate guide at the end - Information for an Attorney Acting under a Property and Affairs Lasting Power of Attorney.

In a previous Consultation, ‘Reviewing the Mental Capacity Act 2005: Forms, Supervision and Fees' the new simpler Lasting Power of Attorney forms were introduced.

In the most recent consultation paper, which was the next step in the review process two Statutory Instruments were laid in Parliament which are due to come into force on the 1 May 2010.

The changes made are summarised below:

• A reduction in the security bond discovery period after the client's death from 7 to 2 years for all new bonds taken out on or after 1 May 2010
• Adding Local Housing Allowance to the list of benefits that qualify a customer for exemption from payment of OPG fees
• Allowing the Public Guardian to investigate EPA attorneys together with other interested parties should the need arise
• Clarifying that a certified copy of an EPA will only be accepted if the original cannot be produced due to its being lost or destroyed
• Amending the 'Application for registering an EPA' form to allow for the registration of a certified copy only if the original cannot be produced due to its being lost or destroyed
• Amending the 'Notice of intention to apply for registration of an Enduring Power of Attorney' form to require attorneys who are not joining in the application to register an EPA to be named

The changes will mean that new and amended versions of forms EP1PG ‘Notice of intention to apply for registration of an Enduring Power of Attorney', EP2PG 'Application to register an Enduring Power of Attorney' and OPG506A ‘Application for a fee exemption or remission' will be issued on the 1 May 2010 and will be available for download from the OPG website.

Previous versions of these forms will continue to be accepted by the OPG until the 1 November 2010. After this date however, only the new versions of these forms will be accepted.

In the UK alone slip, trip and fall incidents at work caused over 10,000 accidents including 3 fatalities last year. Most slip, trip and fall accidents are preventable with a few simple solutions including management of spillages and cleaning regimes, effective matting systems, choice of suitable footwear, specification of appropriate flooring and housekeeping to name a few.

The law states that employers have a duty to ensure workers are kept safe and that their health is not affected this includes slips, trips and falls.

WE solicitors have experienced staff who can help with these type of accidents along with other accidents at work. If you have been involved in an accident at work and are interested in making a claim please contact the Personal injury Department on 0870 165 9413.

Seroxat was the worlds best selling ant depressant.

Have you had difficulties withdrawing from the anti-depressant drug Seroxat? Have you found it impossible to withdraw from it? Are you having difficulties in withdrawing from Seroxat now?

The High Court in England made a Group Litigation Order in relation to the Group Action brought by around 500 individuals alleging harm from problems withdrawing from Seroxat.

On 19 May 2009 the High Court ordered that any individual who wishes to pursue a compensation claim must join the Group Action before 15 January 2010.

If you are having problems please contact We Solicitors on 0800 294 3065.

The report was based on 7 Chinese workers who started to complain of various respiratory and breathing problems resulting in two of the workers dying. The workers at the time were spraying paint onto polystyrene slabs. Lung biopsys on three of the women showed that the nanoparticles used in the paint where present in the lungs.

This evidence is the first concrete link that nanopartciles are in fact harmful to humans despite knowing for several years that the particles where harmful to animals. It has been demonstrated that nanoparticles can suppress the immune system of mice which again raises doubts for anyone working with these substances.

What are nanoparticles? The needle-like fibre shape of CNTs, similar to asbestos fibers, raises fears that widespread use of carbon nanotubes may lead to mesothelioma , cancer of the lining of the lungs often caused by exposure to asbestos. A recently-published pilot study[30] supports this prediction. Scientists exposed the mesothelial lining of the body cavity of mice, as a surrogate for the mesothelial lining of the chest cavity, to long multi-walled carbon nanotubes and observed asbestos-like, length-dependent, pathogenic behaviour which included inflammation and formation of lesions known as granulomas. Authors of the study conclude:

"This is of considerable importance, because research and business communities continue to invest heavily in carbon nanotubes for a wide range of products under the assumption that they are no more hazardous than graphite. Our results suggest the need for further research and great caution before introducing such products into the market if long-term harm is to be avoided."[

According to co-author Dr. Andrew Maynard:

"This study is exactly the kind of strategic, highly focused research needed to ensure the safe and responsible development of nanotechnology. It looks at a specific nanoscale material expected to have widespread commercial applications and asks specific questions about a specific health hazard. Even though scientists have been raising concerns about the safety of long, thin carbon nanotubes for over a decade, none of the research needs in the current U.S. federal nanotechnology environment, health and safety risk research strategy address this question."

The Health & Safety Executive have already published a number of Information Sheets for Employers setting out the potential harmful affects of this as yet untested industry

Why does it matter? These particles are similar in size and shape to asbestos. The world is still living with the largest industrial catastrophe namely peoples exposure to asbestos be it at work or in the environment. These particles are used in everything from tennis rackets and car parts to clothing.

Interestingly insurers have already identified this as a potential battleground in years to come similar to that of the asbestos litigation which continues to rumble on around the world.

Liverpool Magistrates Court found that unsafe levels of legionella bacteria where found in water supplying showers, baths and sinks in the hospital. It was report by the HSE that the hospital had stopped testing for legionella between may 2006 and February 2007.

Whilst the hospital argued that the patients did not contract the disease from the hospital they pleaded guilty to safety breaches and putting employees and the public at risk.

Investigators from the HSE also found that the hospital had failed to report an instance of a member of staff being diagnosed with latex-linked occupational dermatitis.

Dermatitis is a significant injury and there have been recent cases of workers being forced to take early retirement because of the severity of the injuries suffered. In one case previously mentioned in an earlier article a worker at Prysmian Cables and Systems Ltd was exposed to dodecylbenzene oil (DDB), whilst manufacturing cable. The worker was awarded a six-figure sum by way of damages.

Employers are under a statutory duty to ensure that workers are safe when working with chemicals and to provide the necessary protective equipment.

If you have a similar problem please contact Steven Evans today on Freephone 0800 294 3065 or email info@wesolicitors.com.

Who are at Risk?

A study in 2004 of US workers placed construction labourers at the most at risk followed by vehicle mechanics and skilled construction workers.

What are the risks?

Lead exposure can stay in system for decades until old age and many people may not associate their symptoms with exposure to lead. Lead exposure can cause the following:

• Brain damage
• Cardiovascular disorders
• Premature death
• Kidney nephritis/nephropathy
• Cancer
• Reproductive risks to men and women

What are safe levels?

The HSE sets a recommended action level of 50micrograms of lead pr 100ml of blood for men and 25 micrograms in women. If the blood levels reach 60 micrograms the worker will or should be suspended from work.

The Problem?

The UK, unlike France and Germany, are not reviewing their safe levels of lead. In a recent report from the Journal of Occupational and Environmental Medicine which found that the symptoms mentioned previously started to manifest themselves at 30 micrograms of blood and not 50 micrograms which is the UK safe limit.

If you have any concerns about working with lead and being exposed to levels of lead call Steven Evans today on 0800 294 3065 or email info@wesolicitors.com.

The Lexcel mark means that WE Solicitors join the ranks of a select few firms who can display that they are committed to providing an excellent service to their clients and have structures in places to ensure this is the case.

 David Wingate, WE Solicitors senior partner said
“ This was a very proud achievement for the firm as a whole. WE are committed to providing our clients an excellent service. This Lexcel mark provides a framework which ensures that clients are always at the centre of what we do. Very few firms ever bother to consider the service they provide to their clients and forget that without clients we have no reason to be here.”

The Lexcel mark is only given to firms who can demonstrate that they have met the high standards in the way the firm is managed.  A Lexcel firm offers:
    
•    Excellent client service
•    Cost efficiency
•    Minimum risks

Firma are examined thoroughly before they get the Lexcel quality mark and are checked annually to ensure that these high standards are maintained.

Agricultural workers are clearly at risk.

Parkinsons disease affects up to 120,000 in the UK.

Over the last few years Insurers have become increasingly quick to contact injured parties offering them compensation there and then. In many instances the amount offered seems very reasonable to a layperson. However the insurers are simply trying to "buy" off the claim at an early stage. Does a layperson know what he or she can claim for? Do they appreciate they can claim for items such as being handicapped on the open labour market? Are they aware that a solicitor can arrange rehabilitation treatment?

The insurance industry is simply trying to save money and under settle injured peoples claims to ensure their profits are maintained.

This comes a few weeks after it was reported in the Independent that insurers who were dramatically raising car and home insurance premiums where making huge profits, (see article http://www.independent.co.uk/news/uk/premium-rises-revive-insurance-profits-an-industry-badly-hit-by-the-recession-could-enjoy-a-nearrecord-year-writes-paul-durman-1460403.html )

This also comes weeks after it was again reported in the Independent that Insurers were attempting to distance themselves from bankers to ensure that they can continue with large bonuses derived from the hike in premiums. http://www.independent.co.uk/news/business/news/insurers-join-forces-to-beat-backlash-as-bonus-row-heats-up-1801430.html

We constantly hear that solicitors are destroying the insurance industry but the profits and bonuses do not support this argument.

Injured people need to question why a business entity such as an insurer whose sole purpose is to make money for shareholders does not want them not to see a solicitor?

We would urge anyone who is injured to seek legal advice before accepting any money by way of compensation. We leave you with this story we recently heard at a conference where an insurer had offered an injured party £5,000. Thankfully they declined the offer and went to see a solicitor who settled the case in excess of £20,000. This is way insurers do not want people to seek legal advice!

• You get to chose the firm you want
• You get to pick and chose the solicitor you feel most comfortable with.
• You can determine whether or not the firm has the necessary expertise to handle your legal case.
• You can build a rapport with the solicitor handling your case
• Solicitors are regularly scrutinised by their governing body the law society to ensure that they afford clients the highest standards
• Solicitors have to have insurance just in case anything goes wrong with the case.

WE solicitors are experts in industrial disease litigation.  Over the years we have received many clients who have been referred to solicitors who do not have the necessary expertise in this area but the details have simply been sold to highest bidding solicitor.

Have peace of mind and go directly to a solicitor who can deal with your case.