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Archive for October, 2008

Asbestos claims

Wednesday, October 29th, 2008

Asbestos-related claims have recently been the subject of review the outcome of which has resulted in a significant change in the way such claims are dealt with by the Courts.

The decsion affects thousands of cases across England and Wales involving medical conditions caused by exposure to asbestos fibres -such as asbestosis, lung cancer and mesothelioma . Such illnesses are frequently initially detected by the presence of pleural plaques - a thickening of a membrane which surrounds the lungs.

These plaques do not, in themselves, cause illness but do indicate the presence of asbestos fibres which can lead to the onset of any one of the serious conditions mentioned .

The Courts have  now decided that the presence of plaques alone does not justify an award.This is because a claimant has to be able to demonstate actual physical harm-the plaques themselves do not cause illness ; although they may lead to illness in the future that in itself in not sufficient to justify an award of compensation .

This is so even if the anxiety caused by the presence of such plaques causes a recognised psychiatric illness , such as depression.

Some commentators feel that the Court has been unduly harsh.It seems unlikely that the decision will be over-turned , however, and the alteration represents a significant shift in the Courts’ treatment of claims of this nature.

If you have a claim of this nature you should ensure that you obtain specialist legal advice

If you have a claim and are not sure how to proceed contact our experts in our Personal Injury department who will be pleased to assist and advise you upon the best course of action to take .

New Intestacy Rules

Wednesday, October 29th, 2008

Important changes affecting people who die without leaving  a will have  been announced by the Government. These are likely to have far-ranging consequences for the majority of people in the UK who still do not have a will.

The new rules will come into effect in February 2009 and will mean that the survivng husband or wife will receive a maximum of £250,000 from the estate, no matter what it’s value, if there are surviving children.

This rule will also apply to civil partnerships;however, the rule will  NOT apply to unmarried couples living together.

If you are at all unsure about whether you need a will , wish to review your existing  will or have any enquiries about wills or probate matters generally please contact our Wills and Probate  experts .Obtaining the right advice now may prove invaluable to you and your family  in years to come.

Maternity Leave now extended

Thursday, October 23rd, 2008

Important changes have recently been introduced regarding Maternity Leave that may have far-ranging consequences for employees and employers alike.

With effect from October 2008 existing rights, which previously applied to the initial 26 week period of Maternity Leave, have been extended so that they now  cover the entire duration of the extended Maternity Leave period i.e up to a maximum of 12 months.

It is important to remember , of course,that an employee on Maternity Leave retains full employment status and as such all of the rights which apply to any other employee.

Repossession …and how to avoid it.

Thursday, October 23rd, 2008

It is now likely that the usual rules for possession will be relaxed following a recent directive from the Government but be warned…this does not mean you can now take a ” mortgage holiday”.

It simply means that the Courts are far more likely to be sympathetic to people genuinely trying to pay off  arrears.

Generally speaking a lender is entitled to issue possession proceedings if you are two or more months in arrers with your mortgage payments.

This means they can apply to the County Court to take legal ownership of your property . Even worse,they can then apply to evict you if you fail to leave the property voluntarily.

You should ensure that you make every effort to pay what you can realistically afford rather than pay nothing at all  because you are a few pounds , or possibly more, short. This will gain you far more credibility with the Court and increase your chances of a successful result dramatically.

If you do find yourself facing difficulties paying your mortgage ,you should certainly ensure that you take advice sooner rather than later. We are happy to advise on such cases having many years experience in successfully dealing with claims .You simply need to telephone, or e.mail if you prefer for an appointment to suit.

Information on Compromise Agreements

Thursday, October 23rd, 2008

In these dificult economic times employers are increasingly turning to Compromise Agreements to terminate employment. But what are they? How do they work? What are the consequences for you of such an agreement? Who pays for them?

These are all common questions . We here at Willsons as employment experts are happy to answer them for you  .

It is essential that you take proper legal advice before entering into a Compromise Agreement.Indeed it is a legal requirement .

Our employment experts will help guide you through the key points and ensure that you avoid  common pitfalls .

If you need any advice all you have to do is telephone , or if you prefer e.mail,for an appointment when we will be pleased to see you .

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