Help when you need it most. Do you need to appeal a SEN decision? p8. Will Legal Aid fund your family law case

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1 Issue 10 // Winter Issue 2 // Autumn 2011 Help when you need it most Will Legal Aid fund your family law case 25 years of providing expert medical negligence support The hazards of unguarded machinery Do you need to appeal a SEN decision? p8

2 Atherton Godfrey Solicitors // LEGALVOICE Welcome from Don It s hard to believe, but it is now 25 years since we handled our first medical negligence case. 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 02 In this issue Family Law Page years of providing expert medical negligence support Page 04 & 05 Wills and Probate Page 06 Personal Injury Page 07 Education Law Page 08 Excellent news! 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 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.

3 Issue 10 // Winter Family Law Will Legal Aid fund your family law case? 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. 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. What our clients say: 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. If you have been affected by a divorce or separation, talk to us. We are experienced family law specialists and can give you the expert advice you need. Very pleased all round, so will recommend Family client 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 check-legal-aid 03

4 Atherton Godfrey Solicitors // LEGALVOICE 25 years of providing expert 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. 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 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 or 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 04

5 Issue 10 // Winter medical negligence support Hospital errors led to man s death 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. 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. 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 What our clients say: 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. A highly professional and thorough service Clinical negligence client 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. With you every step of the way 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. 05

6 Atherton Godfrey Solicitors // LEGALVOICE Wills and Probate Vicky talks property, wills and lifetime planning Meet Vicky Sladdin, specialist wills and probate solicitor 06 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. 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. What our clients say: Efficient, understanding and professional Wills & probate client Vicky Sladdin

7 Issue 10 // Winter Personal Injury 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 Diane Parker 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. 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 What our clients say: I was kept well informed along the whole process personal injury client 07

8 Atherton Godfrey Solicitors // LEGALVOICE Education Law Statements of special education needs and appeals 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. Find us on Facebook Like us to make sure you re kept up to date with developments, promotions and events. or follow us on The high standard of our education law service has been acknowledged in the Chambers UK 2016 legal guide. 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. Extremely user friendly, sympathetic to the client and robust in the face of opposition CHAMBERS & PARTNERS UK 2016 Parents fight local authority school decision 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. The Tribunal s decision 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. Do you need to appeal a SEN decision? 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