Case study: Personal Injury Claim

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1 when it s a case of personal injury, clinical negligence, employment or business advice Newsletter no.20 June 2015 Welcome to Simpkins and Co s monthly e-newsletter Keeping you up-to-date with the changes in legislation, interesting cases and issues that arise in the following areas of the law; Personal Injury, Clinical Negligence and Employment. We hope you will find it interesting and useful. You ve already Clicked here This is a printable A4 version of our newsletter We ve listened to your feedback and have produced an A4 version of our newsletter which we hope you will find more user friendly if you wish to print it. Case study: Personal Injury Claim Our client sustained life threatening injuries following a car accident in April As a favour to a friend, the victim was in a broken down car which was being towed to the garage when it was struck by another vehicle. Due to the severity of his injuries he was airlifted to hospital where he underwent major surgery. Prior to the accident our client ran a business and was an extremely active person and endurance sport enthusiast, and had clocked up thirty two marathons. As a family man, his wife had to give up a high-powered professional job to help care for her husband and their children during his rehabilitation and hospitalisation. Our client will now face disability and mobility issues for the rest of his life, which has been particularly difficult for a man of his previous physical strength. Steve Simpkins has supported our client during this extremely difficult period, endeavouring to protect him from any further unnecessary strain or stress. continued over

2 Case study continued Court proceedings were issued and we secured an out of court settlement of 850,000 for our client. Our client said, Despite the crash I still feel lucky to be alive as it literally came down to me being an inch away from death. Somebody was looking after me that day. Regarding the claim, this type of legal expertise needs someone at the helm who has the right demeanour and personality to deal with sensitive and often upsetting situations and guide a client through not only physical trauma but also the pressures of the claim itself. Anyone in a similar situation to mine will be in very safe hands if they decide to use your company. I cannot fault anything that you have done for me and I will always have the utmost respect for you as a lawyer and a person. For advice you can trust and rely on contact Simpkins and Co to arrange a FREE initial consultation FREEPHONE: or from mobiles: e: info@simpkinsand.co.uk

3 Zero-hours contract restrictions in force New provisions were brought into force on 26th May for the Small Business, Enterprise and Employment Act These render that exclusivity clauses in zero-hours contracts, are unenforceable. Various other employment measures have also been brought into force. These include an increase in the maximum financial penalty, to 20,000 per worker, for underpayment of the national minimum wage. Basic aspects of running a business When starting up a business there is a range of legal requirements that must be adhered to. This is a brief introduction to some of the areas of the law that need to be considered. Legal Status of the Company When starting a business one of the initial decisions you will need to make is to decide on the legal status of your company. This will affect how you run your business and will have implications for how you pay your tax and record your accounts. The two main formats are sole trader and limited company. However, there are additional options such as a Limited Liability Partnership (LLP) and a Community Interest Company (CIC). Whilst it is possible to change the legal status of your company once you are trading, it can be very disruptive and costly. For this reason, it is important to give this some careful thought at the outset of the business.

4 The Company Name For limited companies, the name of the company should be registered with Companies House ( gov.uk/ ).There is a legal requirement for the name to be displayed at the company s registered office and on all company literature. The registration of the name at Companies House does not offer any protection against someone trading using the same trading name. It merely prevents others from registering their company in the same name. To protect your trading name and possible logo design, think about registering the name as a trademark. For further information on this, look at the website of the Intellectual Property Office at If you are a sole trader and intend to use a trading name other than your own personal name, there is a legal requirement to display that name, both at your business premises and on any company literature. Tax, National Insurance and other Financial Requirements Tax and National Insurance contributions vary according to the legal status of your business. Sole traders pay their taxes through the HRMC s self assessment system. In limited companies, each Director is treated as an employee and pays their tax contributions through Pay As You Earn (PAYE). The company is also responsible for deducting the tax and National Insurance contributions of it s employees. Limited companies are legally required to submit their accounts to Companies House to be audited. Your first set of accounts needs to be submitted within 21 months of the company formation. Small companies with an annual turnover of less than 6.5 million do not have to be audited and can therefore submit abbreviated accounts. Companies may also have to register for VAT and pay Corporation Tax. For further information on tax matters see the HM Revenues and Customs website at Most businesses will also have to pay business rates to their local authority as a contribution to the provision of local services. Call us on if you wish to discuss an Employment Law matter

5 Health & Safety Law All businesses, no matter how small, need to be aware of how Health and Safety legislation affects them. All businesses, regardless of size, must carry out risk assessments. If your company employs more than five people, there is a legal requirement to record theses assessments. Employers have a legal duty to ensure that their employees work in a safe environment and this also extends to ensuring the safety and well being of their customers whilst on the company premises. Additional Health & Safety legislation may apply to any equipment used within the context of your business, for example, handling of hazardous substances or the use of personal safety equipment. Insurance Cover Any business employing staff is legally required to take out employer s liability insurance with a minimum of 5 million worth of cover. The insurance certificate must be clearly displayed on the premises. If your business deals directly with members of the public on the premises, you will need to take out Public Liability Insurance to cover any accidents or injuries concerning members of the public. Professional indemnity insurance covers the business for any professional errors that may result in claims against the company. If you are a sole trader you may wish to consider some form of income protection insurance, in the event that you were unable to work due to illness or injury. Call us on if you wish to discuss an Employment Law matter

6 Consumer Law and Trading Licences All businesses selling goods and/or services must abide by the legislation concerning such areas, for example, The Sale of Goods Act Some specific types of business will require trading licences, usually granted by the local authority. These businesses include childminders, taxi drivers and tattoo artists. In addition, any venue providing entertainment and/or serving alcohol will need to obtain the necessary licences. Employment Law If your business employs any staff you will need to comply with a range of Employment legislation including the National Minimum Wage Act, the Equality Act, the Working Time Regulations and theemployment Act. Call us on if you wish to discuss an Employment Law matter Simpkins and Co Solicitors only deal in certain areas of the law, the ones we specialise in, which means you get the best advice from the right people. We are specialists in personal injury, employment law, clinical negligence and business advice claims. We are always happy to take enquiries from Bureau advisors or clients. We operate a FREE initial consultation where we can also advise in relation to funding options as we appreciate that clients are often concerned in relation to potential legal costs. Contact us to arrange an initial FREE consultation: FREEPHONE: or from mobiles: The above information and the content of this e-newsletter should never be taken as specific legal advice. If you have a legal problem then please contact Simpkins and Co, Highcliffe, Dorset, on to discuss your issue in detail. Personal Injury Clinical Negligence Employment Law Business Advice Suite 4, Brearley House, 278 Lymington Road, Highcliffe, Christchurch, Dorset BH23 5ET London office: 1 Northumberland Avenue, Trafalgar Square, London WC2N 5BW t: e: info@simpkinsand.co.uk FREEPHONE: or from mobiles: Simpkins & Co are authorised and regulated by the Solicitors Regulation Authority number: Recognised name: Simpkins & Co Members of the Employment Lawyers Association (ELA)