Divorce Lawyer Levenshulme

I am doing a full circle. I am a Levenshulme girl who attended the local comprehensive school and I am now back to where I first started and opening an office on a road I walked down every day growing up.

In the 1970’s divorce was not as common as it is today. If it happened, it was not openly discussed. In fact, the word “divorce” was almost used in hushed tones.

Thankfully times have changed. People recognise as sad as it is, couples do separate and family units are divided. As a Divorce Lawyer my first aim is always to handle the case with as much sensitivity as possible. I know what a serious and stressful time this is for clients. I will always do my best to get the result they want.

However, being compassionate does not take away the fact that my primary role is winning their case (whatever the client’s definition of “win” is). At the outset, I will ask my client what they want first and foremost to achieve. All clients are different and for some the outcome they seek may not be the norm. My job is to carry out my client’s instructions.

I do get emotionally involved in cases. It is difficult not to. Some may say it is a weakness, I disagree I consider it is a strength. What that does is mean that my clients know they have someone who is on their side in what is often their darkest hour. That is very important to me as a Divorce Lawyer.

Growing up in Levenshulme made me a ‘go getter’ with a feisty attitude. I apply that to the work that I do. If you are looking for a strong and confident lawyer then pop in and see me.

Having said that, in the grim world of divorce law, I will always greet my own clients with a smile. Divorce is a very stressful time. My aim is to help take some of the stress away.

I am incredibly excited to now be based in Levenshulme and know a lot of the locals. If you want to come and see me then our doors are always open. We offer a fixed fee initial appointment where you will be given no nonsense straightforward legal advice.

If you want to make an appointment then call 0161 491 8520.

Divorce Service Launched Online

The Ministry of Justice (MoJ) has launched the divorce application online nationwide.

The purpose of this system is to allow couples to apply for an uncontested divorce through online forms, which will eliminate the need to fill in paper forms and post them to the courts. The MoJ states that 13,000 hours are currently dedicated by the court staff dealing with complex applications regarding a divorce.

This online divorce application will contribute to a 95% decrease in the number of applications being returned back to the parties as a result of minute unforeseeable mistakes, as compared to the paper divorce forms.  

The Justice Minister states “Allowing divorce applications to be made online will help make sure we are best supporting people going through an often difficult and painful time.

More people will have the option of moving from paper-based processes to online systems which will cut waste, speed up services which can be safely expedited, and otherwise better fit with modern day life.”

The divorce process being available online is a huge leap forward in the digital world and regardless of how efficient it sounds, for the average person wanting to apply it would raise many complications.

The law governing family law in very complex and it tends to rely on historic and old fashioned routes. Although, the new online system will allow people to apply for a divorce, the vast majority of people are likely to get it wrong without having access to expert help and advice at hand. There will be a lot of litigants in person and more disputed divorces, as we need a no-fault divorce process in the legal system alongside the online divorce process. The legal system needs to implement a no-fault divorce process. This process needs to be given immediate consideration, so the blame game can be put to rest once and for all. By the introducing such a process, the online divorce can then serve its purpose effectively.

We Are Super Excited to Confirm More Amazing News with You!

We have today found out that we are Finalists in 3 categories in the Personal Injury Awards 2018 which are being held at the Manchester Hilton Hotel on 28^th November 2018. This is in addition to other awards we have been nominated and won this year!

Nayyars have had a great year so far in 2018 and the awards we keep getting nominated for, recognise this.

In the Personal Injury Awards 2018, we have been nominated for Claimant Team of the Year, Claimant Lawyer of the Year (Ayesha Nayyar) and Catastrophic Lawyer of the Year (Ayesha Nayyar).  There are some heavy weights in these categories who have been in the industry for a long time. It is incredibly flattering to be in the running with them!

I am incredibly proud for Nayyars to be finalists in Claimant Team of the Year. This is a testament to how amazing each and every one of the Nayyars Team are. For many of them, this is their first legal job and they have done exceptionally well to become so experienced in a short space of time. The senior managers spend a lot of time investing in training and supervising to make sure we get it right. We work together as a Team and have a strong management structure. From the top to the bottom we adopt an ‘open door’ policy. When times are good we celebrate together and when times are bad, we pitch in and work our way back up. None of the success would be possible without the Team.

Being nominated as Claimant Lawyer of the Year and Catastrophic Lawyer of the Year is extremely flattering. Over the years I have always looked up to and admired finalists in these categories. Now I am nominated in them myself!

I often get asked what makes Nayyars different and why we have done exceptionally well. The answer is quite simple – we work incredibly hard at what we do. We never take our success for granted and are always hungry for more. We aim to keep our feet on the ground but are confident enough to recognise (without being arrogant) that we are amazing!

As a family-based business myself and, my husband and business partner, Juwad always aim to operate as one big happy family. Nothing gives us more pride than our success being recognised! Fingers crossed and watch this space.

Claiming as a Secondary Victim as a Result of a Fatal Accident

Where someone has lost a loved one as a result of criminality/negligence and they witness the event or its immediate aftermath, then they may be able to claim for their psychological injury as a result. The test that applies in these cases is the “dearness, nearness and hearness test” established following the Hillsborough disaster:

1. Dearness

There must have been a close tie of love and affection with the victim

2. Nearness

They must have witnessed the event or the immediate aftermath of the event leading to the death

3. Hearness

The cause of the injury must have be a traumatic event rather than the death itself

Historically, judges have been strict in their interpretation of the second stage of this test. Generally, only those that were witness to the tragic event itself or arrived on the scene in the following moments are able to claim. For example, in the past it has not been sufficient for parents to arrive at the hospital after an accident to witness their child’s body being wheeled in from the ambulance.

We know how to argue this point of law. We undertake extensive research into every case and always fight for our clients. We know how Courts interpret the test and how to get the best results. Often, by evidencing that the hours following the accident formed one “seamless sequence” rather than separate events, we are able to establish that our clients were “near” enough to the accident to pass the second stage of the test.

This is a complex argument that stems from the case of Walters v North Glamorgan NHS Trust and was later confirmed in Galli-Atkinson v Seghal. In the latter case the Court of Appeal found that, a mother who had arrived at the scene of a road traffic accident an hour after the event itself, only to find that her daughter has passed away, did satisfy the test because the “event” extended from the moment of the accident until the moment that she left the mortuary.

By all accounts, this is a much disputed area of law. If you intend to make a claim as a secondary victim following a fatal accident, make sure that you have the right Solicitors on board.

Our Macmillan Coffee Morning

A massive thank you to everyone who came and supported our Macmillan Coffee morning on Wednesday. At Nayyars we hold this as an annual event and invite clients, the local community, friends and family along to enjoy cakes made by the Nayyars Team.

It is a great event and every year our baking skills get better! This year we baked away and we appreciate everyone who came along to support the cause.

The Team baked a number of cakes including lemon cake, banoffee pie, cornflake tart, kit-kat cupcakes and courgette & cheese muffins! Mary Berry eat your heart out!

We are still counting the money raised. 100% of it will be given to Macmillan Cancer Support.

Thanks for taking the time out to join us and make Nayyars Macmillan Coffee Morning 2018 a success!

Medical Negligence – Can I Make a Claim?

If you have been to a doctor or nurse or anyone in the medical profession and are worried that they did not provide you with the right standard of treatment then we can investigate a medical negligence claim for you.

The legal definition of medical negligence (also known as clinical negligence) is very strict. You must prove the following two conditions:

1. Liability – you will have to prove that the Doctor or Nurse provided you with treatment below the standard that a similar professional would have done.
2. Causation – that negligence has caused your harm. The harm would not have otherwise occurred if the correct medical treatment had been provided to you.

The case will fail if other doctors state that they would have done the same or that treatment was one of a range of options of treatment available to you. Even though at the end it may have not been the best option, if it was a reasonable option available at the time then the case will not succeed.

The time limit for making these cases is 3 years from the date of knowledge that the treatment was negligent. This could be the exact date of the treatment or you could find out that it was negligent later. For children then have until their 21^st birthday to start a claim for medical negligence. If someone dies as a result of medical negligence then their family have 3 years from the date of the death to pursue a claim.

If you suspect there may have been negligence then you should contact solicitors straight away. These cases are run on a no win no fee basis. Once we have taken full details from you we will apply for your medical records. A formal Letter of Claim is then sent to the Hospital Trust or Doctor alleging negligence. The Defendant then has 4 months within which to either admit the negligence or deny it giving reasons. If liability is denied then medical evidence is obtained to determine whether negligence did occur.

If it can be proved that negligence did occur then we would claim compensation for both injury and financial losses caused as a result.

At Nayyars we are experts in dealing with clinical negligence claims and deal with such cases in a confidential and sympathetic manner.

If you would like to speak to us please call 0161 491 8520.

Just Been in a Car Accident

An accident can happen at any time. However careful you might be someone else could cause an accident and hit your car.

If you’ve just been in a car accident and it wasn’t your fault, what should you do? Working in the Nayyars New Claims Team where we take details of accidents from new clients it is unfortunate that some of them have not taken the right steps at the accident scene.

The law states that you must stop immediately. This is for any car/vehicle accident whether you are at fault or not. Bring your car to stop at a safe place and be ready to get out and exchange details.

It is legally an offence to leave the scene of an accident and the police can charge you for not abiding by this. If you were in an accident and somebody at the scene was seriously hurt or even died and had left the scene, you could face a higher charge.

However panicked you are do not drive off! If you fear for your safety dial 999 and inform the police before you do anything else.

By immediately stopping your initial thoughts should be to help people who might be injured, if the accident was a severe impact the emergency services should be called. If the emergency services are not needed the next step would be to exchange names and addresses and vehicle details with the other driver. If you have hit a home owner’s front wall or fence, you should give your details to the home owner. If they are not there then write your details down and post this to them, they will find this at a later point.

Once all passengers and drivers are checked and safe, and details have been exchanged, it is also a good idea to ask any witness’ if they saw anything and if they would be willing to act as a witness. If yes, then note down the witness’ contact number, name and address.

The police should be informed of the accident if there is serious injury, property damage or an unsettled/continuing argument between parties which could become serious. Once the police have arrived you should ask them for a police log number.  Do not forget to note down the name of the reporting office, the log number and the station they have come from.

It is a good idea to take photographs at the scene of the accident. This is only after anyone involved has been checked on. The photographs could include; the location of the accident, the third party themselves, the third party vehicle (registration/make/model), your vehicle and the damage it has sustained etc. It is also a good thought to take photos of your injuries and to keep taking photos of your sustained injuries post-accident. This can be a good proof of evidence that your injuries have lasted.

It is always important to keep a note of all medical attention sought. This can be notes from your local GP, hospital or potentially physiotherapy if you have been referred by your doctor. You should always keep a detailed description of any treatment given which can help you in the long run. You should keep into account the effects of your injuries, this can include any time taken off work, how long you have been off work and how your injuries/pain has impacted your life post-accident.

Notify your insurance company. You need to inform your insurance company of every accident you have. Work together and tell them the truth about your accident and the injuries you have sustained. Explain clearly, as there may be consequences if you are found out to be giving false information to your insurers. This could include the withdrawal of coverage for the accident.

Nayyars Macmillan Coffee Morning 2018

Anyone who knows the Nayyars Team knows that we love cake! However, we are also a charitable bunch and love raising money for charity at every opportunity.  Every year, we combine the two and take part in the Macmillan Coffee Morning.

We invite our clients, the local community, friends and family to come and join us between 11-1pm to eat cake and drink coffee for a donation to charity. The more the merrier.

The fun part for us is that the Team try and bake their cakes. We have had some amazing bakers over the last few years. Come and sample our lemon cake or chocolate brownies! If you do not trust our baking skills then yes there are shop bought cakes too!

Sadly cancer is a word that no-one wants to hear. But the reality is that we all know someone who has been affected by cancer. Having the Nayyars Coffee Morning every year is our way of helping the fight against cancer. If you are reading this blog and it is a cause close to your heart then please do come and join us. If you are unable to join us, but would still like to donate then you can contact us on 0161 491 8520 and make a monetary pledge.

This year we are doing our event a couple of days earlier than the National Macmillan Coffee Morning. We have so much going on at Nayyars at present but we did not want to miss what is always an amazing morning.

Our event will take place on Wednesday 26^th September 2018

Please come and join us. Everyone is welcome! Spread the word.

I Will Always Fight For My Clients

I am writing this blog in the early hours of the morning. Everyone who knows me will tell you I am a self confessed workaholic who never switches off!

My thought process led me to put pen to paper (or finger to phone!) and start putting down my thoughts on why we are so busy with our Family Law cases.

We have done exceptionally well with the results in our Divorce and Child Contact cases recently and are quickly becoming known as the ‘go to’ lawyers when marriages breakdown. There is often the misconception that you need to go to a big law firm for divorce cases. Most of our clients would disagree. We get a lot of transfer cases from clients who went to big firm and paid lots of money. They were just another number and did not get the result they wanted. At Nayyars that will never happen.

The reason for that is quite simple. We are passionate about one thing and one thing only. That one thing is WINNING. I now have grey hair and wrinkles (sad face emoji if I could) but I can, hand on my heart, tell you that I toss and turn and lose a lot of sleep at night worrying about my clients. We have regular meetings in the Family Law Team where we discuss tactically how we are going to get results. We analyse cases with a fine tooth comb. By the end we know every strength and every weakness of every single case.

We then go about the preparation tasks. These are often laborious and time consuming. However we have the philosophy that ‘failing to prepare is preparing to fail’ so hours are spent making sure no stone is left unturned so our clients win. We collate documentary evidence and witness statements.  We go into every court case with the maximum chances of getting the result our clients deserves.

However, we are not afraid to give no-nonsense advice. If your case is weak, we will tell you.  If your case is strong, we will not let you give in.

I get emotionally involved in cases. Some may say it is a weakness. I disagree, I think it is my biggest strength. I am not embarrassed to say I have cried with clients listening to their story. However, looking back, I have laughed and high-fived more!

I know when opponents see me they realise they are up against a tough lawyer. When we go to court we fight tooth and nail to win. Whatever the Judge may decide at the end, our clients have given it their best.

When I analyse our successes I will always give a lot of credit to the Nayyars Team. They are amazing! We all share the same philosophy and that’s what gets us results.

It’s busy times at Nayyars which is always a good sign. However I am happy to meet all new clients. We do most of our work on a fixed fee basis as we recognise how important being clear and competitive about costs is to our clients.

If you do want an appointment with me the give the office a call on 0161 491 8520.

An Important Legal Document – A Lasting Power of Attorney

If you want to give someone else authority to make decisions on your behalf then you can consult Nayyars Solicitors who can draft and register a Lasting Power of Attorney (LPA). This is a legal document. To do this you must be over the age of 18 and be of sound mind. If you lack mental capacity already then you will not be able to do this.

A lasting power of attorney gives someone else the power to make important decisions on your behalf so you must think very carefully before you make one. You do not need to live in the UK or be a British citizen to make one.

There are 2 types of LPA’s. The first is to do with your health and welfare. You can give some the power to make decisions in relation to your health if you lose the capacity to make decisions yourself. People who are suffering from a progressive illness may choose to do this. this can only be used when you are unable to make your own decisions.

The second type is giving someone the power to manage your property and financial affairs. You can give them power to look after a particular bank account or property.

You can cancel a LPA at any time provided you retain mental capacity.

One of the most important decisions you will make is who you appoint to be your attorney. It must be someone that you trust implicitly. If you choose more than one person you need to decide whether they can make decisions together or separately. The person you choose does not have to be a relative, just someone that you trust and has the mental capacity to do so. He or she does not have to be a British Citizen or live in the UK.

At Nayyars Solicitors we will prepare all the necessary paperwork for you and then arrange to meet with you and your attorneys so the documents can be signed in the correct legal manner. We will do all of the drafting and checking for you. There may be other documents needed which we will collate for you.

Once the document has been executed in the correct legal manner we will then arrange for it to be registered with the Office of the Public Guardian. On average it takes between 8-10 weeks to register but it can be quicker.

The process when handled by Nayyars is a quick and smooth one. We will explain it fully to you and make sure you are aware of the implications of what you are doing. The Team at Nayyars view confidentiality as paramount and client care is always at the forefront of our mind when carrying out this type of work.

If you need a LPA making then contact Nayyars today.