The George Ide LLP Blog specialises in providing a host of information regarding personal injury claims, what to do in the event of medical negligence, personal grievances and a wide range of other legal matters. From wills and probate to why you should consider an insurance policy, the George Ide blog is designed to provide helpful advice and insight into a number of legal situations.
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Although Brexit is not yet fully settled, much economic uncertainty has been removed by the resounding victory of the Conservative Party in the General Election on 12th December 2019. So what effect will this have... The post Investment – The Near Term Future for the United Kingdom appeared first on George...
Although Brexit is not yet fully settled, much economic uncertainty has been removed by the resounding victory of the Conservative Party in the General Election on 12th December 2019.
So what effect will this have financially for you?
The Conservatives have indicated a budget in early March, with promises of tax cuts, which could encourage further spending to assist UK economic recovery.
However, the UK base interest rate remains at almost a historical low of 0.75% and does not seem likely to rise significantly in the near term. This could provide further impetus to the housing sector, which was also concerned regarding a future Labour Government, due to the extensive proposals in the Labour Party manifesto.
Overseas, despite continuing concern on the deteriorating Iran situation, the United States main investment index the Dow Jones remains at or near to an all-time high, with US economic fundamentals strong.
There is some concern in the US market regarding the impeachment of Donald Trump by the Democrat majority in Congress, but no US President has ever been removed from office as a direct result of impeachment – Richard Nixon resigning before action could be taken.
Further it is necessary to achieve a two thirds majority in what is already a Republican dominated Senate, so the chance of removal is remote.
One other concern however worldwide is the possibility of a significantly increased oil price if the Middle East situation deteriorates, with implications for western economies and inflation. Much will now depend also upon what action if any President Trump decides to take, following the latest Iran missile strike.
The UK FT100 Index has increased moderately since the General Election and continues to offer an average dividend yield of around 4%, which is competitive for those requiring income, against cash deposits.
Concerns remain of course but investment risk can be managed, with risk and reward being often linked. Such entails regular review of investment strategy, in the light of changing individual circumstances, not to mention often difficult world events.
As always professional assistance should be sought in reviewing investments and income requirements with George Ide Investment Department remaining happy to assist.
John Atkinson. Chartered Wealth Manager.
The post Investment – The Near Term Future for the United Kingdom appeared first on George Ide.
How do our Courts assess compensation for personal injury and loss? It is a common misapprehension that people with devastating life changing injuries are entitled to £1 million- plus awards for the injuries alone. Sadly,... The post The Assessment Of Personal Injury Compensation appeared first on George...
How do our Courts assess compensation for personal injury and loss?
It is a common misapprehension that people with devastating life changing injuries are entitled to £1 million- plus awards for the injuries alone. Sadly, awards in England and Wales are not generous, athough our Courts have for very many years wrestled with the question of how one truly compensates for pain suffering and loss of amenity (reduced quality of life). It is extremely challenging to put a £ to something as subjective as pain. It is however vitally important that compensation truly recognises the devastating impact of life changing injuries.
Our Judges award compensation for injuries according to the latest-end of 2019- edition of the Judicial College Guidelines. By way of example, the following are the highest awards to be made for particular injuries (the guide covers, essentially, all parts of the body/ injury types);
–Tetraplegia i.e. loss of use of all 4 limbs, £380,000
-Paraplegia i.e. loss of use of legs/ function from the waist down, £267,000
-The most severe brain damage, £380,000
-Moderate brain damage, rendering a person unfit to work, £205,000
-Severe spinal fracture with immobility of the neck and loss of use of 1 or more limbs, £123,000
-Above knee amputation, £129,000
-The most serious knee injury, £90,000
-Knee fractures with serious constant pain, £65,500
Injuries are valued by reference to expert opinions, for instance from orthopaedic surgeons, neurologists, neuropsychologists, psychiatrists, and these experts are independent and are reporting to the Court i.e. they owe a duty of impartiality. Defendants/ insurance companies tend to obtain their own opinions, particularly in cases of serious/ life changing injury.
The reason a serious/ disabling knee injury claim, for example, can end up with a total award in excess of £1 million, is that, with the right legal/ expert team, all aspects of lifelong loss can be fully investigated and costed. For instance, a 20-year-old may face 50 years’ loss of earnings at say £30,000 per year (less any residual earnings), may need lifelong (70 years’) paid help and support at say £200 per week, and may need a bungalow i.e. to avoid stairs.
Financial loss claims tend to be supported by a range of experts such as employment, accountancy, pensions, housing, care, occupational therapy/aids and equipment, transport, footwear etc., to ensure that reliable lifelong costs are considered.
A recent case of ours, involving a leg injury, was settled in negotiations in 2019 for almost £850,000. More important than pure money, however, was that we enabled our client to have peace of mind as to loss of earnings, potential future surgery costs etc., safe in the knowledge that they would always be able to undertake their leisure pursuits, because necessary/ disability adaptations were all factored in.
The purpose of compensation is, so far as possible, to put the injured person back in the same position they would have been in had the accident/injuries not occurred. It is all about helping people to get their lives back and to restore peace of mind.
Once upon a time defamation was all but restricted to the rich and famous who would do battle with the mainstream media. Now the use of social media means that the risk of defaming someone... The post Social Media and Defamation appeared first on George...
Once upon a time defamation was all but restricted to the rich and famous who would do battle with the mainstream media. Now the use of social media means that the risk of defaming someone is there for all those who use social media. Things “published” in the heat of the moment on “Facebook “, “Twitter “ or similar can reach many people and is often soon beyond the control of the person who initially posted it.
Defamation includes Libel and Slander. It is “Libel” that has to be in lasting form (such as a social media post) whereas slander is temporary in nature 9 the spoken word or even gestures.) If that “post “includes something that is untrue and adversely affects a person’s reputation it could amount to libel.
The Defamation Act 2013 has brought some order to what was previously “ common law “ ( i.e. law based on case law ) AND , very importantly, restricted the scope of claims by a requirement that a statement is NOT to be regarded as defamatory if it did not or would not cause “ serious harm “ It is for the courts to decide what amounts to serious harm.
As a victim of defamation, you should think very carefully before resorting to the courts. The risk of being ordered to pay the other parties’ costs if you are wrong is very real and potentially costly. As the “perpetrator” you should be aware that there are people with nothing to lose and lawyers who will take such cases on a “no win no fee “arrangement. People in this situation often, literally, have nothing to lose !
The best advice you will ever have is this. “Don’t Do It – don’t” post or say anything that maybe defamatory UNLESS you want to run the risk of spending ( lots of ) time and money on lawyers and in court.
However, If you should find yourself in this predicament – seek legal advice immediately!
Earlier this year it was revealed that Lloyds Bank found a significant number of documents in its ‘Safe Custody’ storage service, including around 9,000 wills. The storage facility was apparently closed to new customers in... The post How Safe Is Your Will? appeared first on George...
Earlier this year it was revealed that Lloyds Bank found a significant number of documents in its ‘Safe Custody’ storage service, including around 9,000 wills. The storage facility was apparently closed to new customers in 2011 but this year the bank discovered thousands of papers were still stored there.
Anyone who has applied for a Grant of Probate will know the application is made on the basis of the deceased’s last will. Therefore, this discovery could cause significant problems if an estate has already been administered and it transpires Lloyds were holding a later will.
As it is hoped individuals will have been advised to review their wills regularly and the facility operated by Lloyds was closed in 2011, many of the wills held may have been superseded by later ones. However, where this is not the case, executors and families may be faced with the prospect that an estate has been administered incorrectly. There is also the possibility, of course, that an estate has been administered on the basis the deceased died intestate, i.e., without a will.
Where a Grant of Probate has been issued and a later will is subsequently located, provided the Executors have acted in good faith, the original Grant may be revoked by a District Judge or Registrar on application. However, if the estate has already been distributed incorrectly, the Executors could still face the prospect of trying to recover property from the unintended recipients and this is something that could prove extremely difficult, or perhaps even impossible in some cases. The identity of the Executors may also differ between the Wills.
The situation that has arisen at Lloyds Bank demonstrates the importance that should be placed on the storage of wills and being able to locate them on someone’s death. Placing wills in a safe deposit box at a bank is not advisable as the bank cannot open it until they have sight of the Grant of Probate and the Grant of Probate cannot be obtained without the will. It is important to tell your Executors where your will is stored so they know where to locate it after your death.
We offer to store all wills we write at no cost to the client. In addition, Certainty the National Will Register, who are endorsed by the Law Society, provide a national will registration service and we register all wills we prepare with this service free of charge.
Christmas is coming around; a general election is approaching, and it is the turn of the family department at George Ide to put something interesting and innovative together for you lovely readers! As a busy,... The post All I want for Christmas is you……………… appeared first on George...
Christmas is coming around; a general election is approaching, and it is the turn of the family department at George Ide to put something interesting and innovative together for you lovely readers! As a busy, harassed family lawyer, mediator, wife, mother of two and expecting a small army for Christmas dinner I confess my first thought – “I’ll take the easy route and refresh something I have done before around Christmas time”.
It is therefore with some irony that my previous work proudly reports “Meghan Markle has purportedly received an invite from Her Majesty the Queen to join the family for a Christmas meal.” Well, what a difference a few years can make. The 2019 headlines report a rift between the Sussexes and other royals and Harry has declined the invitation to participate in the traditional royal Christmas. Marriage and children can change everything!
Divorce and separation can also change everything. Parents and children competing for one another’s attentions, the minefield of gift giving and managing expectation of the extended family. If you are co-parenting children as separated parents planning is key to enjoying a successful relationship not only with your children but the other parent too. If you have not yet agreed upon your Christmas arrangements, you really should be tackling the issue quickly. If it is the first Christmas apart family traditions may need to alter, time must be shared, and present buying thought through in a little more detail.
When thinking about any arrangements for children it is important to put the interests of the children first. This will mean altering your own traditions and expectations, this should be seen as an opportunity to create something new and exciting for the children. The true meaning of Christmas is, after all, not about opening presents on Christmas morning. Many parents want to share in the big day, particularly with younger children. It is important to think about how the arrangements will feel for the children. Deciding to hand the children over after lunch on Christmas Day is all well and good for the adults but for the child this means having to get dressed and leave behind the lovely presents they have only just opened. All too often as adults we fail to consider how arrangements we make for our children will feel for them.
If you need to settle the arrangements for your family get in touch regarding our mediation services. We can provide a structured environment to help you find solutions and where appropriate can meet with the children to seek their views too. If 2019 has been a difficult year for making arrangements get 2020 off to a good start by thinking about the whole year ahead and planning.
I am an experienced family lawyer and accredited mediator and can work with you and your family in several ways to bring about resolution.
Wishing you all a very Merry Christmas.
Tina Day. Head of Family. Chartered Legal Executive, Family Mediator and Collaborative Lawyer.
Leases granted after 13 October 2003 for a term of more than seven years are compulsorily registerable with HM Land Registry. As a Landlord you may think that this is purely a Tenant’s problem, however... The post Registering Leases; Why is this important? appeared first on George...
Leases granted after 13 October 2003 for a term of more than seven years are compulsorily registerable with HM Land Registry. As a Landlord you may think that this is purely a Tenant’s problem, however from a Landlord’s perspective it is important that you ensure your Tenant registers their Lease, as failure to do so will have implications for you as well as your Tenant.
You may ask what the status of that unregistered Lease would be? Failure to register a Lease created out of an existing registered Title means that the grant of that unregistered Lease cannot “operate at law” (Section 27 Land Registration Act 2002). Equitable principles would therefore step in to salvage what was clearly the intention of the parties. Equity treats the Lease as creating an equitable term of years equivalent to the term of years intended to be created at law. In other words, the Tenant now has an equitable Lease rather than a legal one.
Equitable Leases have their drawbacks for both the Tenant and the Landlord, but in particular there are circumstances where an unregistered Lease makes the Landlord’s life difficult when it comes to enforcing Tenant’s covenants – a most unsatisfactory position for any Landlord to find themselves in.
It is therefore common to see a clause in such Leases compelling the Tenant to register their Lease as promptly as possible post-Completion. The aim of the clause is to cover a few possible issues which include a right for the Landlord to damages against the Tenant if it suffers a loss as a result of the Tenant’s failure to register the Lease.
Some Tenants may argue that such a registration Clause in the Lease is unnecessary given that statute obliges them to register in any event, but Landlords should ensure that they are contractually protected from any losses that are incurred.
We would also advise any Landlords with concerns to check with HM Land Registry to ensure that their Tenants have registered their Leases long before any problems might arise (Title searches using a Plan can be undertaken for a small fee via the HM Land Registry services page on the Government website). Do not assume that this was done when the Lease was granted as you may not have instructed your Legal Advisor at the time to follow up on this aspect post-Completion.
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