I Don’t Like My Name!

If you do not like your name what can you do? Well the simple answer is that you can change it. You are free to change any part of your name — you can change your first name, your middle names, and your surname.  You can add or remove names, and you can change the spelling of names.

Can you change it to anything you want? Again the simple answer is yes. However, in some cases a change of name will break the law in another way.  For example, you cannot change your name for fraudulent reasons. At Nayyars we may refuse to accept instructions to change your name if it is potentially against the law, for example, anything that promotes the use of drugs, racial or religious hatred or is against minority groups.

At Nayyars we can draft and execute a Change of Name Deed for you. It is possible to do this yourself but most of our clients want a quick and easy method without any hassle.

We can do this in one appointment for you. We normally take all the relevant information and do the necessary checks with you over the telephone. We will then draft the document for you. An appointment is arranged for you to come in with photo ID, i.e. passport, and execute the Deed (i.e sign it!). Once done, we give you an original and certified copy.

You can then use that copy to start using your new name.

A few points to consider before you do come to see us though:

• Be sure you do actually want to change your name and be happy to use your new one for the rest of your life (however you can change it again by another Change of Name Deed in the future!);
• Think about the reason you want to change your name (there is no legal requirement to have a reason but always good for your own sanity to think about the reason);
• Know the exact spelling of the new name you want to use;
• Practice your new signature before you come (so many clients think about this for the first time when they are just about to sign on the dotted line!);
• If you are a child under the age of 18, you will need your parents’ permission;
• If you are a parent, then you need the permission of anyone else who has parental responsibility for your child to change their name.

If you want to make an appointment to change your name then contact our Team on 0161 491 8520.

What If I Lose My Mental Health in the Future?

This is a thought that has crossed my mind every time someone tells me one of their parents has been diagnosed with Dementia. Sadly this is becoming more and more common. From a legal perspective what can we do to ensure that steps have been put in place for our later years?

The Office for National Statistics puts UK life expectancy at 79.4 years for men and 83.1 years for women. Recent statistics show that 1 in 6 people over the age of 80 are diagnosed with Dementia. Currently, there are 850,000 people living with Dementia with this figure set to rise to over a million by 2025. ‘Dementia’ describes the different brain disorders which trigger loss of brain function.

Dementia can progressively result in a person no longer being able to make decisions for themselves. Most people have a loved one who they would want to step in and make those decisions for them. The legal way of doing this would be to put in place whilst they still had the capability a Lasting Power of Attorney. Anyone who is over the age of 18 and has mental capacity can make a Lasting Power of Attorney.

This is a legal document which can allow friends or family members to assist to make those decisions on their behalf. These decisions can be made in relation to their health and welfare or to manage their finances. The benefits are that whilst you are in good health you can nominate someone trustworthy to make important life decisions for you. It can be more difficult and costly to do this if you have already lost your capacity. Taking control of your future life while you are able to will make all the different should the worst happen.

If you have any queries about making a Lasting Power of Attorney then contact our Probate Team on 0161 491 8520.

What Can I Do to Win My Family Law Case?

We are often approached by clients who are in a lot of distress suffering from marital problems. This can be heightened when the marriage is breaking down with a lot of animosity. There have often been accusations thrown around and the parties have turned it into a personal vendetta against each other. As lawyers, our job is to try and de-stress the situation whilst still getting the best result for our clients.

Clients often ask the question how can they win their case? The answer to this is not straightforward and there are never any guarantees when a case goes to Court. However, depending on what type of case it is, there are always steps that a person can take that will help strengthen their chances of success at Court.

If it is a financial assets case then we would advise that our client gather together as much financial information as they can of the matrimonial assets, e.g bank statements, value of property, mortgage outstanding, value of any investments. We would ask for documentary evidence of this.

If it is a child contact case, then we need a chronology of dates of what has happened and what contact you have received. A record of any conversations or proof of unreasonable refusal would also help.

There is often a lot of factual information in family law cases, some relevant and some not. We would suggest clients prepare their own statement of what has happened. We can do this for them but it is often easier if clients spend time doing this themselves. We can then sieve through what would help their case and the best way to present it to the Court.

We would always ask clients to be as reasonable as possible in any family law case. The chances of winning the case are always strengthened if the Judge finds the client to be a good person who has dealt with the relationship breakdown in a fair way.

Each case will depend on its own facts but our Family Law Team are experts in getting the best results in these cases. We have a proven track record. If you want a confidential meeting with one of the Team call 0161 491 8520.

What Is a “Clean Break” in a Divorce Case?

As Family Lawyers we are often asked for a “clean break” when acting for clients who are going through a divorce. What exactly does this mean and is it possible?

A ‘clean break’ in financial terms is about dividing your assets and once this is done there are no other ongoing financial ties between you.  The parties do not have to pay each other any future money apart from child care.

The Courts actually encourage this and it must look at bringing your financial claims to an end at the earliest possible opportunity.  However, this will depend on a case by case basis.

The starting point is always analyzing your own situation. Is a clean break possible? It may not be an option because one partner needs on-going financial support. Payments can go on for years. A clean break is very likely to be achieved for short marriages and younger couples and for older couples and longer marriages where they have assets that can be divided.

Many couples want to agree their financial arrangements between themselves – which is a positive. However, get your agreement recognized – whether by court order if you are divorcing or a written agreement if you aren’t.  An order is legally binding and will give you certainty. It is very dangerous to just rely on a verbal agreement. A Court Order is legally binding and can be enforced.

If you do want a clean break in your financial affairs following a divorce then our expert Team of Family Lawyers can help negotiate and draw up an agreement with your spouse. If this cannot be agreed, then we can take the case to Court to ensure you get the financial split on the terms that you want.

Bitten by a Dog!

Being attacked by an animal is everyone’s worst nightmare. We recently acted for a client who was entering his home when he was viciously attacked by a dog. To make matters worse, it was a ferocious police dog that was on the search for a burglar. The dog continued to bite our client despite him falling to the ground in pain. The ordeal lasted almost half an hour until, eventually, police officers managed to pull the dog off using rope. At this point, our client was heavily bleeding.

He was rushed to hospital in an ambulance with a critical injury to his leg. He underwent numerous operations and remained an inpatient for a period of time. He suffered flashbacks and nightmares thinking about his ordeal and worrying about his children who had witnessed everything.

He was unable to return to his job as he could no longer stand on his leg. The pain was immense and he underwent an extensive course of physiotherapy. He subsequently had to change jobs due to his injuries, which resulted in him earning significantly less. As the breadwinner in his family this had a detrimental effect on his home life.

Taking on an organisation such as the Police can be a daunting task, but it is not one that we were afraid of at Nayyars. Our Team has been handling personal injury cases for over 20 years and has the technical expertise required to win these cases. We issued Court Proceedings against Greater Manchester Police who, upon presentation of the case, admitted negligence.

We built a strong and undisputable case and shortly before trial the Police made a significant financial offer which our client accepted.

Our client received enough money to rebuild his life after this dreadful attack.

If you have been the victim of an attack by an animal then don’t hesitate to contact Nayyars Solicitors. This is a complex area of law and we have the experience required to win.

Change in Personal Injury Claims

I was on the panel this week for a round table meeting entitled “The Claimant Journey” to discuss the proposed reforms to the Personal Injury Sector which are expected to come in April 2020. This was hosted by both Lyons Davidson in conjunction with Modern Insurance Magazine.

There were representatives from both sides of the fence who were meeting to discuss and work out a way forward within the framework of what will inevitably come into force. We worked on the premise that the reforms will come in on the date above.

The Government is legislating on the basis that the personal injury claims process is straightforward and the man on the street will be able to work an electronic portal system when injured to obtain compensation. There will be no need for lawyer involvement or advice. There will be a fixed tariff system for whiplash injuries and the threshold for the small claims track will increase to £5000.

Anyone involved acting for Claimants knows that this is quite simply an unworkable premise. At present no-one knows what the portal will look like nor how easy it will be to navigate. Will it incorporate Medco, AskMID and AskCUE?

Concepts and terms that lawyers take for granted will baffle and confuse the client. Will clients appreciate the importance of filling out the CNF correctly or fully understand the contents of the medical report? If not, they could be faced with problems with fundamental dishonesty arguments. It remains to be seen how vulnerable individuals or those for whom English is not their first language will be able to navigate this portal. What help, and assistance will be given to those who cannot follow the process? Will there be a telephone helpline?

There remain many unanswered questions. Will the portal incorporate Medco? How will medicolegal reports be paid for? Will experts be prepared to produce reports without the backing of solicitors who are ‘good for their money’? How will 2nd medical reports be obtained? The thought of it all is starting to give even me with my legal background a headache.

My cynical side wonders whether this is part of the game plan. What will be the drop out for Claimants along their journey when making claims? The worry is that Insurers will play the game and defend claims with the view that Joe Bloggs with get fed up and lose interest. There will be no lawyer at his side reassuring him that this is what insurers do to frighten the hell out of you but if you stand firm then they often throw the towel in.

The conclusion at the round table was that most clients will still want their hand held (justifiably) by a third party to help them make a claim. Whether that will be a lawyer or a CMC or other company providing that service remains to be seen. In the same way, everyone knows that the public can lodge a PPI or Flight Delay themselves but choose to pass over the hassle for a percentage of their compensation, the same will happen with whiplash claims.

However, it is not that simple. Personal Injury claims are not form filling. They require a lot more lawyer input. There are legal arguments and technical issues along the way. LVI and causation can raise their head in seemingly even the most straightforward of cases. The issues can be extensive and comparing the costs now recoverable will make it financially non-viable for lawyers to run these cases.

With profit margins being reduced, the larger claim companies will not be able to market themselves as heavily as they have been doing. There is likely to be significant third-party capture. There will be new entrants into the industry who will aim to operate at a low-cost level. The businesswoman in me thinks – why can’t we do that? The lawyer in me thinks we can’t compromise on the standards our regulator demands of us.

Which brings me to a question that was asked at the round table by a representative from a consumer organisation. Are we over servicing our clients in the personal injury sector? I can only speak for my firm when I answer but maybe we are. The contact levels are certainly high. We pride ourselves on being at the other end of a telephone and willing to update on a regular basis. Does a low value whiplash claim warrant this? Maybe the only workable solution to stay in this industry is to reduce service standards and accessibility. Make it a numbers game with a compromise on the level of service that is provided.

But even then, will staying in the market for low value whiplash claims be workable? The new tariff system drastically reduces damages payable and it is not financially viable for solicitors to act in these cases.

Is it finally the end for lawyers dealing with personal injury claims? After all we have weathered storm after storm. Over the years with the constant changes to the sector, we may have been pulled down time and time again, but we have always risen back up. One of panel members concluded that “we believe and hope there will be opportunities to come”…..I have my fingers crossed….

Government to Consider the Creation of New Offences for Causing Death or Serious Injury When Cycling

When Charlie Alliston was sentenced to 18 months in jail for causing the death of Kim Briggs as she stepped into Old Street, a campaign formed to change the UK’s laws on causing death or serious injury when cycling.

The current law is governed under section 35 of the Offences Against the Person Act 1861 but requires a cyclist to ‘have a degree of subjective recklessness so far as the foreseeability of causing injury is concerned’.

A cyclist may also be charged with dangerous or careless cycling under the Road Traffic Act 1988 for which the maximum fines range from £1,000.00 to £2,500.00.

However at present there is no specific offence for causing a death.

Comparatively, the maximum penalty for causing death or serious injury by driving a motor propelled vehicle is 14 years imprisonment and the Government has opened a Public Consultation to address the issue of which responses are due by 05 November 2018.

Most cyclists do not have insurance which would pay out for a civil action being pursued by someone who has been injured by their reckless riding. If you have been injured by the actions of a cyclist then you may wish to contact our Expert Personal Injury Team to see whether a claim can be pursued.

Pedestrian Claims: Can You Trust the Crossing?

The catastrophic injury team recently acted for an elderly lady that was seriously injured when crossing the road at a pelican crossing.

I’ll paint the scene; it was Christmas eve and our client had been shopping for a final Christmas present for her granddaughter. She’d walked the short journey from the bus stop in Bolton town centre and across the road to Argos at the retail park. This was a journey that she made often and knew well.

On the way back to the bus stop later that afternoon, brand new Baby Annabelle Doll in hand, she waited at the pelican crossing for the lights to turn green.

It all happened very quickly.

First the beeping and the flashes of the green light, then her first step into the road, and then the terrifying sound of a car screeching.

Finally a loud thud.

Our client woke up weeks later in intensive care, after having numerous operations and being told that she had died twice. She was told that she would see the rest of her days out in a wheel chair, and had lost most of her hearing. It was a miracle that she was alive.

Nayyars Solicitors lost no time in pursuing this claim for our client. We knew that she needed compensation quickly in order to provide some financial relief at such a difficult time. The challenge was that the Defendant lorry driver alleged that the accident occurred away from the pelican crossing, and that as such our client had been negligent in stepping into the road.

One member of our team was from the area surrounding the accident location and knew it well. We collated evidence strong enough to prove that our client must have been utilising the pelican crossing, and within three months we had put enough pressure on the defendant that they agreed to pay our client a considerable sum.

Unfortunately, this claim was not an isolated one and accidents at designated crossings happen more than you think. Our advice echoes that to our children; always look right, then left, then right again, whether you are using a crossing or not.

If you are injured as a pedestrian in a road traffic accident, do not hesitate to contact the personal injury team. We know how to get the results you need.

Highway Code Proposed Changes to Protect Cyclists and Pedestrians

Statistics show that sadly that 101 cyclists died in 2017 in road traffic accidents. As a personal injury lawyer, it is heart-breaking to act for families who have lost loved ones in an accident which could have been avoided had the driver taken a little more care.

Many of the deaths on the road are vulnerable roads users. They are pedestrians and cyclists. If you have ever been a pedestrian trying to cross the road at night or a cyclist moving along a busy road, you will know how dangerous it can be. Unfortunately, today’s cars are big and powerful and can cause a lot of damage if they hit somebody.

The planned changes are to protect pedestrians and cyclists when going straight on at junctions. This will bring the UK in line with the US who always give pedestrians priority.

According to the Highway Code, rule 170 states that pedestrians have priority “if they have started to cross” but does not state what should happen if someone is about to step off a pavement at the same time a vehicle arrives at a junction.

The proposals include introducing the “dutch reach” method of opening car doors. This means drivers have to open with the left hand, forcing them to turn their body and check for cyclists and pedestrians.

The RAC have welcomed the plans which they say will mean the road space is ‘shared safely’.

Drivers in Germany, Spain and France must leave a 1.5-metre minimum passing distance other than in urban areas where it is 1 metre for French motorists. The UK does not have the same rules.

Any changes that introduce safety and protect those who are likely to be injured on the road are welcome. All road users regardless of size should be treated equally.

If you have been involved in an accident on the road as a cyclist or a pedestrian then contact our Personal Injury Team today on 0161 491 8520.

Five Questions to Ask Your Family Law Solicitor

The first meeting with your family law Solicitor is very much a fact finding exercise to enable your Solicitor to advise you properly on the next steps. During that meeting you can expect to learn more about your options including what steps can be taken to reach a resolution in your case.

We appreciate that if you are seeking advice from a Family Law Solicitor, It could be a particularly emotional and stressful time for you and therefore I have put together a list of questions for you to ask your Solicitor to make the process that little bit easier:-

1. Are you qualified?

I would strongly recommend obtaining advice from a qualified practitioner such as a Solicitor or legal executive, and choose one who specialises in Family Law.

2. How much will my case cost?

Your Solicitor must provide you with an estimate, taking into account all of the aspects of your case.

Family Law solicitors usually charge on an hourly rate basis and can only give clients an estimate of what their costs might be. You will be required to make a payment on account of their costs so that they can start working on your case and provide you with an estimate of how much the case will cost you from start to finish.

The other option is a fixed fee scheme, which will give you the peace of mind that you will only be paying a set amount and you will know from the outset exactly how much your case will cost.

You should specifically ask if they offer a fixed fee or an estimate, whether it includes VAT, court fees or disbursements, and whether it has been tailored to your case or is just a general estimate given to all clients.

Although it can be difficult to give clients an exact quote in Family Law, we believe in transparency and give accurate cost information throughout your matter.

There are still some firms who offer Legal Aid to clients provided they meet the eligibility criteria.

3. How long will my case take?

It can be difficult to give clients this information, however your Solicitor should be able to give you a timeframe in which your case will be resolved. They should keep this under review as your case progresses and let you know if they think it will take longer than anticipated.

4. How will my case be resolved?

There are numerous ways of resolving your case, such as mediation, negotiation through solicitors, applying to court or dealing with it yourself with the help of a solicitor in the background.

5. How do you keep yourself up-to-date with the law?

This is very important. Family Law has undergone through many changes over the last few years and may do so in the future too.

It is imperative to invest in ongoing training and research to ensure clients are receiving the right advice. The impact of that on clients is huge – as you may be making life-changing decisions based on the legal advice you receive.

Our solicitors ensure that they stay abreast of any updates or any changes to the law to ensure we provide our clients with the correct and best possible advice.

We deal with all aspects of Family Law and offer affordable services which include fixed fee packages. Our charging system is transparent and we keep you informed at all times.

if you have a family matter you wish to discuss then do not hesitate to contact us today and speak to one of our experienced Solicitors.