Road Traffic Accident Causes & Personal Injury Claims

If you are involved in a Road traffic accident and suffered injury due to the negligence of another driver, we at Nayyars are in a position to assist with your recovery and ensure that you get the best possible award for damages for your injury and without unnecessary delay.

Top causes for an accident are:

1. Failure to look properly: Approximately a third of road accidents are thought to be caused by drivers failing to look properly. This may be down to a lack of the necessary concentration or distraction by something in the vehicle or outside the vehicle on the road. If someone fails to be vigilant and alert and fails to look properly then their negligence will be proved and your claim will injury can proceed.
2. Failure to judge another person’s speed:  Approximately a fifth of road accidents are thought to be down to this, for example, when pulling out of a junction or when negotiating a roundabout and having misjudged the other person’s speed. Another is to wrongly assume that another vehicle will make the manoeuvre that you expect them to make. Even if a vehicle is indicating, for example, that they are going to turn off the road you should not act on this until you are confident that they are undertaking that manoeuvre as to you would then be relying on a misleading signal.
3. Being careless /in a hurry: This can cause some people to drive dangerously and can make people to drive more aggressively. Tailgating is an example and can cause accidents.  Sadly, many people still use their mobile phones whilst driving, despite this meaning that they are four times more likely to have an accident.  If you’re feeling tired, then always take a break. If you become distracted, do not drive until your focus returns. Overall, you must do everything in your power to stay safe.
4. Losing control: Making manoeuvres without slowing to a safe speed when for example, taking a turn or bend in the road or changing lanes can cause a loss of control and accidents.  Weather conditions such as heavy rain, ice, hail and snow are also a common cause. By keeping your car and tyres in peak condition, driving slowly and carefully in difficult conditions, whilst also avoiding sudden acceleration, braking and turning, you will stand a better chance of keeping control of your vehicle.
5. Drink/Drug driving: is one of the most highly publicised causes of road accidents. Drink/drug driving accidents have reduced in number considerably over the past three decades, but statistics show that it’s still the cause of over a tenth of annual road deaths/ and or serious injuries. Being caught under the influence when behind the wheel can mean a ban from driving, a fine of up to £5000, a criminal record and potentially community service. If a fatality is caused by drink driving, then a mandatory prison sentence will follow.

If you have been involved in a Road Traffic Accident then give the Nayyars Team a call today on 0161 491 8520.

Top 5 Reasons People Get Divorced

42% of marriages end in divorce within the UK, and 34% of couples divorce before their 20th anniversary. And of those, “unreasonable behaviour” (one of the five motives you can use to divorce in English law) remains the most commonly cited reason for divorce. Unreasonable behaviour is an umbrella term, and understanding the individual factors of this broad-brush statistic is imperative. Here are the 5 most common reasons for divorce.

1. Infidelity

Infidelity is one of the primary motives for divorce, and even with couples therapy, betrays trust in which many marriages cannot withstand.

2. Lack of communication/growing apart

With time, marriages can dwindle and become overlooked. Growing apart can occur naturally with time, or it can happen as a result of lack of communication.

3. Finance

Problems can arise when it comes to money if husband and wife have different value bases, for instance, if one person likes spending money freely and the other is more frugal and prefers saving.

4. Substance abuse

Substance abuse has extensive negative impacts on a marriage, as well as the whole family. While many couples try to work through this issue, often it can be too much for a partner to handle.

5. Excessive conflict/arguing

Constant arguing in a relationship can be because partners can feel like they’re not being listened to or valued. It can be difficult to understand another person’s perspective, which leads many issues with no resolution.

Please contact the Nayyars team on 0161 491 8520 for an appointment

Work Experience at Nayyars

Having 11 weeks off of school for summer may sound ideal to most teenagers, but not when you’re an international student attending school in Saudi Arabia. The summer of senior year is hectic. The pressure is on to fill our resumes with valuable experience that will look attractive in university applications, while maintaining our school workload, as well as fulfilling our community service requirements – all while vacationing around the world, visiting family and attempting to have fun. As I was to spend 4 weeks in the UK for my summer holidays, I decided to do something productive with my time and I applied to intern at Nayyars over a two week period.

Living in Saudi Arabia, in a gated community, it’s difficult to find opportunities for work experience that pertain to one’s future goals. I have worked as a summer camp counsellor and interned in a university alumni department. Whilst these experiences were beneficial in their own ways, they didn’t help me ascertain what I wanted to do after high school.

Whilst at Nayyars I have surprised myself as to how much I have managed to learn in such a short amount of time. From how to interpret a will, to writing memos and research notes on a variety of issues; to analysing police reports and exploring family law cases. Overall the things I’ve learnt in school and in other work placements, the knowledge and experience I have gained at Nayyar’s has been the most impactful and has pushed me into seriously considering a discipline I’d never thought myself capable or confident enough to pursue, Law.

The tight knit nature of the firm surprised me the most. I was expecting to experience what we all see on legal dramas like Suits and Law & Order….crowded and hectic space with interns getting yelled at to make coffee and male protagonists patronizing employees. This obviously wasn’t the case, as Nayyars is unique in the way its female dominated as well as an incredibly warm and inclusive place to walk into in order to access any sort of legal help. Since I’ve been here we’ve had a feast in celebration of Eid, enjoyed ice lollies in the office on a hot day, and celebrated a birthday. The sense of community and respect amongst the personnel is amazing and definitely is what made me most comfortable.

Prior to the work placement, I wanted to pursue a Criminology degree in university. However, upon arrival into the welcoming environment here at Nayyars, having been given a taste of various fields of law, sitting in on real consultations, and learning from such experienced professionals in the field, I now intend to pursue a qualifying Law degree with a minor in Criminology. Being given the trust, direction and inspiration from Ayesha Nayyar and her team to produce meaningful work has given me the confidence to push myself out of my boundaries and strive for higher goals. Thank you Nayyars for giving me this remarkable opportunity.

Am I Eligible for a Divorce?

Sadly, not all marriages are destined to last forever and heartbreaking though it maybe, sometimes you have to bid farewell to your married status.

This is a touchy subject, but one that needs to be addressed as not everyone is eligible for a divorce in the UK.

Listed below is the criteria that has to be met, before a divorce is finalised.

1. You must be married for at least a YEAR before you can make an application for a divorce. The marriage may have come to an end before the completion of a year, however legally you cannot make an application until the full year period has been completed.
2. You must also prove that your marriage has ‘irretrievably broken down’. This point can be established by the following ways:

a) Adultery

You must prove by way of evidence that your spouse has had sexual intercourse with someone of the opposite sex and because of this, it has now become intolerable to live with them.  The ground is specifically to be used if the spouse receiving the divorce has had sexual intercourse – anything short of this will not be sufficient. You would also need evidence of the same, this could be by way of photographs.  You could name the individual your spouse is having sexual relationship with as co-respondents, but this can be difficult as they might refuse to confirm that they were a part to the sexual behaviour.  You must also advise the court of the adultery by way of an application within 6 months of finding out- unless the adultery is still continuing.

As solicitors, we are aware that this ground is very difficult to satisfy and therefore the next option may be chosen instead.

b) Unreasonable behaviour

Arguably the most common ground to apply for a divorce and the easiest to satisfy.  Many people choose to apply for a divorce under this ground, even if their spouse has been disloyal in their marriage.

To satisfy this ground, you must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with them.  This ground has two sections to it, the behaviour has to be unreasonable and it is unreasonable for YOU to live with your spouse because of it. This is a two way test. The objective view is whether the allegation against your spouse is unreasonable. The subjective view is whether it is so severe that you cannot be expected to live with this person. The latter is your opinion and this is possibly why it has become the most used ground for divorce.

It is recommended that more than 2 allegations is given as to why you would want a divorce, examples of this could be: violence, not devoting enough time to the marriage to even not having a sexual relation with the person.  Your solicitor would further be able to confirm whether the issues you are having can be accounted for when applying for a divorce.

c) Desertion

This ground is to be used when your spouse has deserted you for two or more years for a continuous period. In reality, this ground is rarely used.

d) Two years separation with consent

This ground is to be used where the parties have agreed to live separately for two years. After the two year period divorce proceedings can be issued.  We recommend that you keep hold of some proof to show that your partner has agreed to live separately.

e) Five years separation without consent.

This ground is to be used when you and your spouse have been living separately for 5 years or more. Consent from the other party is not required and you can apply for a divorce without getting your spouse involved with the decision.

If you have made the decision that you are going to get divorced then get legal help at the outset. You should always go and speak to a specialist Family Solicitor. They can give you clear advice and explain to you what your legal rights are. Try not to speak to friends and family about this as they may not give you the right information.

Our Family Law Team can deal with your problem in a sensitive and confidential manner. Contact us today.

How to Make an Islamic Will

This is a basic guide to making an Islamic Will. This is not intended to be a religious authority and you are advised to always consult your local Imam for further guidance.

The steps you should take are:

1. Assess what you have and value your assets

Go through and make a list of everything you own. This will be called your Estate and includes your home, its contents, your car, your clothes, your savings. You then have to deduct your debts such as unpaid dowry (mahr) and Zakah (charity).

If your assets are more than £325,000 then you will need to consider how to limit your inheritance tax payments on death. There are a number of different ways of doing this including making a lifetime gift, preferably seven years before death and making a bequest of up to a third of the estate to a charity (gifts to charities registered in the UK do not attract inheritance tax).

2. Decide on your funeral and burial arrangements

You should specify in your Will that you would like your funeral and burial rites to be carried out in accordance with the practices of Islam. These including the request that a post mortem should not be carried out, having a Muslim burial, stating that you do not want your organs to be used and advising where and how your body is buried. If you do wish to be buried abroad then consider the cost of this.

3. Decide what to leave to whom

After the payment of any taxes, debts, and funeral and administration expenses, up to a maximum of one third of your estate can be left to whomever you wish – this may include friends and family not entitled to inherit under Shari’a, as well as charities.

After that the division is to be made in accordance with Islamic principles as to who receives and how much. You will need to specify that the remainder of the estate (which will amount to a minimum of two thirds) is to be distributed in fixed shares amongst your legal heirs in accordance with whichever madhhab you follow.

As regards calculating the shares, the basic principles are these:

• The closest relatives (husband, wife, son, daughter, father, and mother) will always inherit a share and will always have precedence over and exclude more distant relatives.
• In the absence of the closest relatives, the more distant relatives (such as grandparents and grandchildren, for example) will then be entitled to inherit fixed shares.

It is prudent to have what is called a residuary clause dealing with what should happen to the estate if there are no surviving relatives.

5. Choose your executor(s) wisely

You will need to choose up to four people to carry out the wishes expressed in your Will. Executors can also be beneficiaries in your Will. If you are choosing friends or relatives, make sure they are willing to accept what can be a lengthy and time-consuming responsibility. If you are choosing lawyers, remember that they will probably expect to be paid for their services from your estate. The more complicated your affairs, the more prudent it is to choose a specialist lawyer. There is no combination of relatives for which it is not possible to calculate their Qur’anic shares – so a properly drafted Islamic Will should never fail for uncertainty.

6. Choose a guardian for children

If it is possible that you may have children under the age of 18 when you die, you should appoint a guardian to look after them in the unlikely event of both you and your spouse dying while they are still minors.

If you wish to make an Islamic Will then contact the Nayyars Team today. We can speak a number of different languages.

Bitcoin – The Virtual Currency

Bitcoin seems to be the buzz word that everyone is talking about right now. Cryptocurrencies are forms of money with no physical presence. Bitcoin is the most popular cryptocurrency today with a steady stream of about 3,600 new bitcoins a day and about 16.5 million now in circulation. At present there seems to be a confusion of where bitcoin legally stands.

What is Bitcoin? There are two key traits of Bitcoin: First of all, it is digital and it is seen as an alternative currency. Unlike the notes or coins in your pocket, it largely exists online. Although there are some specialist ATMs which issue bitcoins, it may be best to think of them as being more like virtual tokens. Secondly, Bitcoin is not printed by governments or traditional banks. This means that it is not a legal tender, you can’t use it to pay your taxes or settle debts.

Bitcoin and other cryptocurrency is a new technological innovation that has not yet been fully implemented into the legal framework of many countries across the globe. There are many legal aspects of Bitcoin and cryptocurrency in general to consider. The laws that apply to Bitcoin typically apply to other cryptocurrency, the umbrella term Virtual Currency is often used.

Bitcoin and cryptocurrency has various legal aspects to consider depending on the country. Some countries class Bitcoin and other virtual currency as money and legal, some class it as an asset and legal, some class it as neither illegal nor legal, with no legal frameworks in place.

Bitcoin is a controversial currency. In Russia, Ecuador and Bangladesh, Bitcoin is banned outright. In other countries such as China, Bitcoin is illegal for commercial use but legal for private individuals to hold, trade, mine, buy and sell. Some countries Bitcoin is banned due to already existing laws, such as Iceland.

In the United Kingdom however like many countries, Bitcoin is unregulated with no legal framework in place. However, a recent ruling in the EU court system meant Bitcoin was exempt from VAT taxes in any EU member state. A number of regulatory gaps currently exist as the law has not been able to keep up with the technology.

Key legal issues of recent times include the following:

• Large thefts of Bitcoins prompting industry action
• EU court hearings on weather VAT applies to Bitcoin, the courts ruled Bitcoin is VAT free.
• Banning of Bitcoin in certain countries.
• Bitcoin taxation in the US, eventually declared Bitcoin as an asset.
• Loss of Bitcoin private keys hard to prove.
• Online drugs marketplaces.
• Chargeback ability and scams.
• Hiding assets.
• Lack of legal protections

Most Bitcoin use around the world is legal and unregulated at present. Some countries have incorporated it into their financial system, but very few have outright banned it. Bitcoin has therefore got a great potential to become a global currency. Even in countries where it is banned, it is very difficult to regulate the use fully without internet censorship. It shows there is a great potential for growth and incorporation into legal frameworks and to the existing financial system. The key legal issues surrounding Bitcoin have been discussed and these are the main issues to consider when considering legislation for Bitcoin.

There are likely to be more legal precedents set in the next few years surrounding digital currencies. Lawyers in the US have already filed or are considering filing lawsuits that are intended to ask the courts to impose some guidelines and regulatory mandates on cryptocurrencies. Further legal developments over the next several years are likely to occur, for both good and ill of Bitcoin and other cryptocurrency.

The laws around Bitcoin are yet to be developed. As an innovative law firm, we will be closely watching developments in this area at Nayyars Solicitors and tackling any legal challenges that arise as a result.

Who Do I Choose to Be a Guardian in My Will?

Drafting a Will can be a daunting task. There are many reasons why a person should make a Will. As a parent, I have to confess my main reason was to name Guardians for my young children should the unthinkable happen. No-one wants to think about their children having a life without them but the practicalities involved, unfortunately, do have been addressed should that happen. Most parent I have draft Wills for gulp when asked the question but then heave a sigh of relief when the matter has been addressed.

In your Will you can name a legal guardian who can have responsibility for your children. This may be the most important decision you will make in your lifetime so you need to give it serious thought.

Grandparents – many of us have parents who play an active part in helping bring up our children. They know them and love them unconditionally but is that enough for them to qualify for the role? The age of the grandparents should be considered. Would they be able to cope with your children as teenagers? A Court may be hesitant to place young children with elderly grandparents.

Your Siblings – you may wish to choose one of your siblings as guardian of your children. They may have children and therefore already be living a child friendly lifestyle and their cousins are already part of the family. However, do consider the practicalities of this, where will your children live? Is there room for them in the house? Does your sibling live nearby or would your children have to leave their school and familiar surroundings to go and live in another city?

Friends – if you are lucky enough to have a close friend who would take on the responsibility of your children, then this may be an excellent choice. However, are your children as close to your friend as you are? Would your friend be able to cope? What would the reaction of your family be to this?

Whoever you choose should be competent and able to bring up your children. You should be happy with their beliefs and opinions, for example on education, morals, religion and lifestyle. These should be the way you would have wanted your children raised.

We would always advise that you discuss with your chosen Guardian the fact that you will be naming them in your Will before it is drafted. They have to be happy and willing to take on the role. You can also put your wishes in a separate letter that can be stored with your Will for your Guardian to refer to if needed.

Reading this article has probably given you a lot to think about. We would never advise rushing into making such a big decision. However, even though the matter is upsetting, if you do put a plan in place should the worst happen, then at least you know you have left your children in capable hands.

If you do wish to draw up a Will then contact the Nayyars Team today who promise to handle the matter sensitively.

Applying for British Citizenship

It is important to note that not everyone can apply for British Citizenship and you will need to satisfy a number of criteria.

There are few different ways you can become a British Citizen and the most common is called ‘Naturalisation’.

You can apply for naturalisation if you meet the following criteria:

– You are over the age of 18;

– You are of good character; you can’t have a serious or recent criminal record and you have not been involved in any immigration offences in the last 10 years; – You will continue to live in the UK once you are naturalised;  – you have met the knowledge of English and life in the UK requirement;  -you meet the residency requirement which is that you must have lived in the UK for at least the 5 years before the date of your application and; – spent no more than 450 days outside the UK during those 5 years – spent no more than 90 days outside the UK in the last 12 month – had settlement (‘indefinite leave to remain’) in the UK for the last 12 months if you’re from outside the European Economic Area (EEA) – had permanent residence status for the last 12 months if you’re a citizen of an EEA country – you need to provide a permanent residence document – not broken any immigration laws while in the UK

Why do Applications fail? Interestingly, most applications that fail, do so because applicants do not meet the residency requirements or the applicant has not met the knowledge of English and life in the UK requirement.

You will also need to prove that you have knowledge of English.  This means that you have sufficient English speaking and writing skill. You can prove this by having one of the following: English qualification at B1, B2, C1 or C2 level

You will also have to take a test. This is called “Life in the UK”. The test costs £50 and you will have 45 minutes to answer 24 questions about British traditions and customs. This is probably the most worrisome aspect for applicants. I know this because it is the part I get asked about most but unfortunately, there is no getting out of it as the test is mandatory. The only circumstances where an applicant is exempt if they are under the age of 18 or over 65 or have a long-term physical or mental condition. The test is taken at a test centre.

Nayyars Solicitors have an excellent success rate in Citizenship Applications. For advice on naturalisation and applications, contact our Immigration Team who can start the process for you.

Nayyars Social Committee

I am the unofficial Chair of the Nayyars Social Committee. It sounds like a daunting title but in reality it is a lot of fun! The Nayyars Team love to work hard but also play hard.

Since I have joined, we have always had nights out and events. As the Firm grew bigger and the social events increased, it was Ayesha’s idea a couple of years ago to introduce the ‘Nayyars Social Committee’.

And so far, this has proven to be a great idea!

One person from each department is chosen to be part of the Committee for the year and takes part in our monthly meetings where we come up with ideas on what social events we can plan next. The Committee Member feeds back ideas from their department as to what they would like to do next.

The good thing is that everyone gets a chance to air their choice of social event and every idea is considered (and we have some crazy ones!).

Most of our social events involve some kind of fund-raising for various charities. This year we have also decided to have a “Charity of the Year”. All our fund-raising for the year will be paid to this charity. Everyone has made suggestions for the ‘Charity of the Year’.

To keep the spirit going throughout the year, we organise events within the office on landmark dates like Valentines, Easter, Halloween and Christmas. A lot of our events involve homemade food (this is a big thing for us at Nayyars as we have a few amazing cooks amongst us), dressing up, games and music.

We have lined up for 2018 already a Valentines Party, Easter Egg Hunt and Spa day at the Office….so watch this space!

The Social aspect at Nayyars is great. It does make a difference for everybody as all ideas can be heard, we all bond as a team and we do see the funny side of each other on events and at the end of the day we do manage to have a good time at work!!

FAQ about Personal Injury Trials

• Do I have to attend?

Yes. Claimants are required to attend trial to give evidence. All witnesses have to attend too.

• Can I bring someone with me?

Yes. Most trials are heard in open Court and in theory- anyone is able to attend.

• What should I wear?

We always advise our clients to dress as smartly as possible. A suit if possible.

• Who will represent me?

We will arrange for a Barrister to represent you.

• Will I know beforehand what questions will be asked?

We will not know what exact questions will be asked however we can guide you on the type of questions that can be asked. We would advise you to refresh yourself with you witness statement.

• How long will the Trial last?

A Fast Track trial typically lasts 1 day. You should be prepared to spend the whole day at court. There will be waiting time and a break for lunch.

• Is the Judge’s decision final?

Yes. This is the final stage of the process and a claim. In a very small percentage of cases Claimants may have a right to appeal. Your Solicitor will be able to advise you of this.

• I can speak some English, but I’m not sure whether I’ll understand all of the questions put to me in Court. What should I do?

If there is even a small chance that you will not understand some of the language used in Court, then you need an interpreter to attend with you. Nayyars Solicitors will always arrange this for you. It is important because a Judge may refuse to hear your evidence if they feel that you cannot understand the questions completely.

• If I lose at trial because I’ve been dishonest about my claim, nothing happens, right?

Wrong. If a Judge finds that you have been dishonest about your claim, they can make a finding of “fundamental dishonesty”. This is an order against the Claimant to pay the Defendant’s costs of defending the claim. Good Solicitors will always advise you where they think that this is a risk. At Nayyars, we operate an upfront policy where you will always be advised of the litigation risks of running a claim to trial. We always assess our client’s prospects and advise them appropriately.

If you have a case that is heading towards a Trial date contact your Case Handler who should be able to guide you further.

At Nayyars we have an expert legal team who can help prepare you case for Trial.