Help when you
need it most
Will Legal Aid fund your family
law case
25 years of providing expert medical
negligence support
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Over the years, the department has
expanded significantly with the recruitment
of specialist solicitors who handle an
increasing range of negligence claims for
clients throughout the UK. I’m pleased to
say that the team’s expertise is recognised
on a national level, and three of the team
are also personally recommended in
leading legal directories.
Atherton Godfrey has recently been
shortlisted in the Excellence in People
Development and Training category of the
Doncaster Chamber Business Awards.
This is an important achievement as I feel it
is testament to the importance we put on
making sure our staff are well trained in
their particular field of work.
Another area I’m especially pleased about is
the work of our charity committee.
They have organised the firm’s support of
some excellent causes this year, including
Aurora, Headway, the Dyspraxia Foundation
and Children in Need.
More charity work was undertaken by our
Wills and Probate Department with one of
our regular charity wills campaigns in June,
the proceeds going to Aurora, our chosen
charity. Our very generous clients helped
to make the campaign a success yet
again, raising well over £3,000.
In recent years, we have supported a
national will writing campaign and
have raised over £16,000. However,
we have decided to focus more on
local charities this coming year.
Watch our website for more details of
the campaigns as we launch them.
I hope you enjoy reading more
about these topics in this issue.
DON BIRD Senior Partner
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In this
issue
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Atherton Godfrey has been
shortlisted in the Excellence
in People Development and
Training category of the
17th annual Doncaster
Chamber Business Awards.
In their search for the winner, the judges will be looking for evidence that staff can access development opportunities and are able to progress through the organisation – and that’s something we’re very proud of providing here.
Staff development has always been important at Atherton Godfrey. The firm has been shortlisted in the Law Careers Training and Recruitment Awards for the past several years and went on to win the Best Recruiter Award in 2013. In addition, partner and head of personal injury,
Diane Parker has made it to the finals
in the Best Training Principal category for the last 3 years running.
These awards are particularly important as it’s the trainees themselves who make the nominations.
Senior partner, Don Bird, said: “Providing excellent client care is very important to us and this can only be achieved by having well trained staff, who have the expert knowledge needed to handle the often complex legal needs of our clients, confidently. We recognise the vital role that all our staff play in the development of the practice and we are committed to providing rewarding careers for all. We are proud to say that there are no restrictions to career progression – indeed, several of the partners began their legal careers as trainees with Atherton Godfrey.”
Family Law
Alison Sharland had been awarded over £10 million in her 2012 divorce settlement. However, she maintained that at the time of the divorce, her husband had not disclosed the fact that he was in talks to float his company on the stock market.
In the judgement, Lady Hale noted that the issue was one of fraud.
The case opens the way for other settlements to be reopened, if there is evidence that one party deliberately misled the other about their financial position.
Although there have been previous cases where assets have been hidden, this is the first case that has revisited a settlement because of false information about someone’s future financial position.
Landmark ruling on
non-disclosure in
divorce case
The Supreme Court has ruled to allow a divorcee to reopen the
hearing into her settlement, after her husband deliberately lied about
his financial position.
What our clients say:
Will Legal
Aid fund
your
family law
case?
Legal Aid is still available in certain situations, for example:
Where a local authority issues court proceedings, or is considering doing so, in respect of a child, you are automatically entitled to Legal Aid throughout the
proceedings, irrespective of your financial
circumstances; For protection from domestic abuse (psychological, sexual, emotional, financial or physical), for matters including divorce, dissolution of civil partnership, property, finance and children matters; Also, family mediation, protection from forced marriage and child abduction. There are certain conditions that will need to be met, but our friendly and highly experienced team will be happy to offer you a free first interview so that they can explain everything to you.
You can also find more information on a useful website – https://www.gov.uk/ check-legal-aid
“Very pleased all round, so will recommend”
Family clientIf you have been affected by a
divorce or separation, talk to us.
We are experienced family law
specialists and can give you the
25 years of providing expert
The prestigious series of guides review the strengths of law firms in countries around the world and provide research and law firm rankings to help clients identify the best law firm for the job.
The recommendations are based on extensive research that focuses on the opinions of clients, other solicitor firms and barristers, and also the nature of work that the firms have been involved in.
“Highly regarded practice with a
distinguished reputation for
handling maximum severity
claims. Well equipped to act on
a diverse range of cases,
including brain and spinal injury
claims and dental negligence
matters.” CHAMBERS &
PARTNERS UK 2016.
Featured in top legal guides
We have, for the fourth year running, received recommendations
from Chambers UK for the standard of our clinical negligence work
and from the Legal 500 for the standard of both our clinical
negligence and personal injury work.
More help for children injured at birth
As one of the area’s largest law firms, we are now able to offer legal aid for children who have been seriously injured at birth, after securing a contract from the Legal Aid Agency.
Atherton Godfrey, has been providing medical negligence services for 25 years, and has won national recognition for its work. We are one of only a few law firms in the area able to offer legal aid in birth injury cases.
John McQuater, partner and head of the firm’s Litigation Department, said: “This is a particularly important development. Birth injuries are some of the most tragic cases we see; ones that not only impact on the child’s quality of life, but they also have a profound effect on the entire family and the emotional turmoil they cause should not be underestimated.
Parents, or in some cases the child themselves, are desperate to get answers and reassurance that lessons have been learned. It is only fair that those dealing with such an emotional situation should not then be subject to further anxiety over how their claim will be funded.”
Birth injury cases are complex and should be handled by specialist lawyers who have legal and medical knowledge, and substantial experience in accurately assessing the correct levels of compensation, which can run into millions of pounds.
To be eligible to pursue a claim with legal aid support, there are certain conditions that have to be met. For more information, please us on 01302 320621 or email info@athertongodfrey.co.uk
Did you know you have 3 years to start your
compensation claim from the date of the injury
– except in the case of a child who has 3 years
from their 18th birthday
medical negligence support
Medical negligence cases can be extremely complex. Because of this, they are often quite lengthy and can take several years to complete. Our team of experts understands this and will be with you every step of the way. We will be in touch regularly, even if there isn’t anything new to tell you - you will know exactly what stage your claim is at.
Her husband, James, had a history of heart problems, he’d had a valve replacement and had recently been diagnosed with cancer of the stomach.
In June 2010, he was taken to Doncaster Royal Infirmary, where he was diagnosed with worsening heart failure. Whilst in A&E, Mr Needham was given Vitamin K to reverse the blood thinning effects of the Warfarin he was taking, but this was never noted in his records, and his Warfarin was not restarted until several days later. Mr Needham suffered a stroke four days after being admitted and died 10 days later. Armed with this information, we needed to find out the exact sequence of events leading up to Mr Needham’s death, that would help us to establish if the hospital had been negligent. To do this, we would have to access medical records from both the hospital and Mr Needham’s GP and we
would also need expert reports from various specialists and consultants. Unfortunately, Mr Needham hadn’t left a will, so before we could start investigating, we had to help Mrs Needham obtain a Grant of Administration, so that she was legally able to act on her husband's behalf. Once that was in place, we were able start and were able to work on a no win no fee basis, so there wouldn’t be any further financial pressure on Mrs Needham. After a lengthy legal battle with the hospital trust, we were able to prove there had been serious failings that had directly contributed to Mr Needham’s death. We secured compensation which included an amount for the pain and suffering inflicted on Mr Needham as well as Mrs Needham’s loss of income, funeral expenses and bereavement.
Our
clients
deserve
the best
We know that
compensation doesn’t ease the pain of bereavement, but it does ease the financial pressure if you’re the dependent or you’re left to deal with all the
arrangements.
You will want answers to some very important questions, and reassurances that lessons have been learned. This is why we will always work hard to secure the best possible
compensation and get the answers you need. Where some solicitors will take the first offer just to close the case quickly, we will keep going until we know we have done our best for you.
Hospital errors led to
man’s death
In March 2011, Mrs Needham came to Atherton Godfrey for help.
Her husband had died in hospital and she felt that the poor
treatment he’d received had contributed to his death.
With you
every step
of the way
What our clients say:
Wills and Probate
Here Vicky answers some of the most common questions about lifetime planning.
We want to make sure we can leave our
property to our children – how can we
make sure this happens?
We can advise you on how to protect your share in your home by changing the way your property is held, and by making a Will to make sure your spouse can continue living in your share of the home, after which it can be left to your children.
We can also advise you about making gifts during your lifetime as part of Inheritance Tax Planning, and to make things easier for your family, once you are gone.
Are there any risks in making lifetime gifts
to my children?
Making lifetime gifts does have consequences for both you and your children, including taxation issues, and potential situations arising such as your child’s bankruptcy or divorce. This is why it’s important that we always obtain full
information about your financial, personal and family circumstances to enable us to fully advise you before you decide how to proceed.
We’ve been married for 45 years,
why would we need a Will?
It doesn’t matter how long you’ve been together. Making a Will enables you to make sure your spouse is adequately protected once you have gone. Without a Will, your spouse may not necessarily benefit from all the assets that you have,
depending on the value of the assets, and the rules of intestacy will determine who gets what and this may not be what you would have wished.
How long does it take to make a Will?
We work with you to make sure that all your wishes are taken care of and send you a draft of the Will for you to consider. Once you are happy with everything, we then make you an appointment to come in and sign your Will; we provide the witness. We always aim to have a draft Will with you within 7 days of receiving your final instructions. Once your Will has been validly signed, we store it free of charge in our secure deed store and send you a copy for your records.
What if I change my mind in the future and
want to change something in my will?
Your Will is not a once in a lifetime document. As your financial or personal circumstances change, or if there are changes to the law, you should consider updating your Will. We recommend reviewing your Will every 2 to 5 years in any event, or sooner if your circumstances change. It’s always better to review your Will more often than not at all.
Vicky talks
property, wills and
lifetime planning
Meet Vicky Sladdin, specialist wills and
probate solicitor
“A common concern among my clients is
losing the assets they have worked and
saved for all their life. They want to make
sure their belongings pass on to their family
or friends and get quite upset at the thought
of this not being possible.”
“Efficient, understanding and
professional”
What our clients say:
Wills & probate client
Wills and Probate
Personal Injury
Health and Safety breaches bring heavy fines for business owners who jeopardise the safety of their employees. Tragically though, fatalities can also result from these reckless actions.
In Derby, Richmond Cabinet Company Limited was prosecuted after a worker had four of his fingers severed when he caught his hand on an unguarded saw blade that he was cleaning.
The fine on this occasion was £20,000 with £12,649 costs, but the most shocking factor is that Richmond Cabinet Company had already been prosecuted in April 2013 after a very similar incident.
In another prosecution, Worcestershire based Countrywide Farmers PLC received a fine of £30,000 and costs of £5,157 after one of their workers was injured in an incident involving an unguarded rotating saw blade, that resulted in him losing two fingers.
But, by far the most tragic accident involved a 51-year-old Mansfield man who was killed after he was dragged into an industrial blender.
Nottingham Crown Court was told that the worker had been helping to clear a blockage from the machinery when the incident occurred. The guard had been removed and the machine was not “isolated or locked off from the electricity supply.”
Mansfield based, Rettenmaier UK Manufacturing Limited admitted that there were no written systems of work, or instructions for operating machinery and clearing blockages. There was no proper training for staff and no risk assessments for any work on the plant.
Rettenmaier UK was fined £200,000 with costs of £10,000. On top of the fines imposed by the courts, the victims of workplace accidents can also pursue personal injury claims for compensation. In the case of bereaved families, claims for bereavement damages can be made against the business owners.
Diane Parker, said: ”There are strict health and safety measures in place to guard against workplace injuries. Where there has been a blatant disregard for safety, and that has resulted in injury, then those in breach can be legally held to account.”
Workplace accidents are all too common and
can often be avoided. Diane Parker, partner and
head of personal injury, specialises in workplace
accidents and industrial disease compensation
claims and is recommended in the Legal 500.
The hazards of
unguarded
machinery
“I was kept well informed along
the whole process”
What our clients say:
personal injury client
D
Diiaannee PPaarrkkeerr
If you have been injured in a workplace accident,
talk to us. We can give you the expert advice you
need. Call in strict confidence 01302 320621.
Education Law
Find us on
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Jack was a 10-year-old boy with cerebral palsy. He had an Education, Health and Care Plan (EHCP) that set out the additional support he needed in school to enable him to learn the curriculum alongside his peers.
He had been progressing well and had made a lot of good friends; however, during a review of his EHCP, the local authority decided that his special needs could no longer be accommodated in mainstream school because of the cost and that on transfer to secondary school, he should attend a special school. Jack’s parents did not agree to this. Jack would be separated from his friends and he would be limited in what he could learn in a special school.
His parents appealed the decision to the First Tier Tribunal (Special Educational Needs and Disability) on the grounds that the local authority’s decision amounted to disability discrimination and failed to have regard to the right of parents to choose where their child was educated.
Statistics recently released by the Department of Education show that there were 235,980 Statements of Special Educational Needs (SEN) compared with 4,205 EHCPS. The latter will increase considerably over the next year in line with requirements to transfer the next groups of children and young people with Statements of SEN to the new EHCPs.
The new system aims to improve participation and decision making, but there will be occasions when appeals need to be made to the First Tier Tribunal (Special Educational Needs and Disability).
Appeals can be brought for a number of reasons, including the local authority refusing to carry out an EHC needs assessment or re-assessment or deciding that it’s not necessary to issue an EHC plan following an assessment. Appeals can be made by both parents and children over the school leaving age and must be made to the tribunal within two months.
Statements of
special
education needs
and appeals
Whether you are at the stage of needing representation for an
appeal you have made, or are about to make, or you would
simply like advice on a decision that has been made and the
options available to you, we will be happy to help you.
Call 01302 320621
The Tribunal found that the local authority had failed to show that Jack’s attendance at the mainstream school would interfere with the education of other pupils and the appeal was upheld. The parent’s preferred school was named in the EHCP, allowing Jack to attend the school of his parent’s choice.
Education law specialist, Angela Sandhal, who joined Atherton Godfrey after 10 years with a national law firm, is recommended for her work with clients.
Angela specialises in Special
Educational Needs appeals, discrimination claims, university and student disputes, including academic appeals and fitness to practice disputes. She advises schools and acts for teaching professionals, students and agencies.
