Can My Ex Stop Me Moving Away with My Children?

Have you split up from the parent of your child and now want a new life away from it all? Can your Ex-Partner stop you from moving away? They may have threatened to take legal action to stop you doing this. Would a Court stop you and what exactly are your rights?

The short and simple answer is your Ex-Partner cannot stop you moving away. In the UK, a Court will not stop you moving around to find a better place to live. They will not stop you living your life. They recognise the Court does not have a right to control your actions just because you are a parent. If you are the primary carer for your child then it is understandable that your child will also move with you. Unfortunately, for your Ex-Partner, this may mean that it will now be difficult to spend the same amount of time with them but that will not stop you from moving. The time they now have to spend together will have to be worked out again. The Courts recognise and will often sympathise with the Parent that will now have to live away from their child but will also realise that this is a practicality.

There are of course exceptions to the rule but these will have to be pretty meaningful. The reason will have to be more than the fact that it will be more difficult for your Ex-Partner to see the child or the time spent will now be reduced. Quite simply that will not be enough. There will have to be an impact on the welfare of the child before the Court will stop the move. If, for example, it is at a crucial stage in the child’s schooling or the child does not want to go and is old enough to make a reasoned decision, it may be considered.

Generally speaking though a parent can move to another city with the children. The Court will put an Order in place to make sure adequate time is spent with the other parent. However, you may want to take legal advice before you take this step.

If you do need assistance with Family Law issues then contact our Family Law Team today.

I Want My Money Back

Those 5 words can cause endless amounts of stress. If you have been tossing and turning at the frustration that the money you lent in good faith on the agreement it would be repaid is not being given back to you, then do not suffer in silence. At Nayyars, we have a fantastic track record of being successful in debt claims and getting clients their money back.

We have been instructed in numerous different types of debt claims ranging from friends who have lent each other money, to a business transaction to a monthly saving scheme where the collector refused to return the money. The basics remain the same. You have to be able to show that you had an agreement to lend money on the basis that it would be paid back. This in theory was a contract between you (the creditor) and the other party (the debtor). This contract has now breached by the refusal of the debtor to pay the money back despite your demands.

Firstly, you will need evidence of what the agreement was showing – the amounts, terms and timeframe for the money to be returned. This should ideally be in a written form of a contract. However, we realise that in an ideal world people do not draw up written contracts and instead many agreements are done on a verbal basis. All is not lost, if the agreement is simply a verbal one. We would ask if you have any evidence of what the agreement was so for example text messages, bank statements showing transfers, letters, phone records etc. Were there any witnesses to your discussions or agreements? How will you prove what you are saying? The court will always want to see evidence.

However, even if there is no evidence we can still take the case to court on your verbal account of what the agreement was. You would have to give evidence (usually on oath) of what the agreement was and that you are now seeking your money back.

You will have to prove that you did give the money and that it was not a gift. So for example, if you gave your girlfriend a diamond ring then there is a presumption that it was a gift and if you split up she does not have to return it to you. However, if you lent her £2000 on the basis that she will give it you back when she starts her new job next month then she has to repay it.

A claim for breach of contract must be brought within 6 years.

If you are owed money by someone, then contact our Debt Team today. We have a strong reputation for fighting to recover money that is rightfully yours. Our success rate and testimonials in this area speak for themselves.

Do not get frustrated. Get Legal.

Give the Nayyars Team a call today.

Attending a Personal Injury Trial

The thought of attending a Trial can be daunting. It is always better to know what to expect before you turn up at court.

First and formally, it is important to note that although a trial is the concluding phase of the personal injury claim process, at Nayyars Solicitors the vast majority of cases are resolved well before trial, and in many instances before Court proceedings are issued at all.

At trial, a Judge examines the evidence to decide whether the Defendant should be held legally responsible for the injuries and harm alleged by the Claimant.

Typically, the trial will consist of six main phases:

• Opening Statements

Opening statements are presented by both parties’ Barristers. They summarise to the Judge the claim being brought and the basis on which it is defended.

• Evidence in Chief

The Claimant is sworn in first, either by the holy book of their choice, or; for the non-religious, by an affirmation of their intention to tell the truth.

The Claimant always gives their evidence first, as the burden of proof is on the Claimant to prove their claim. The Claimant’s Barrister will start by getting the Claimant to confirm the contents of their Witness Statement, usually by confirming that they have read it recently and that the signature on the final page is their own.

The Barrister may then ask the Claimant some questions regarding the accident circumstances and the resulting injury.

• Cross Examination

It is then the Defendant Barrister’s role to pick apart the Claimant’s evidence, and to find inconsistencies within the same. Unlike with evidence in chief, Barristers are able to pose leading questions in cross examination. Examples of this type of question would be, “you crashed the car because you were speeding, didn’t you?” or; “you did receive training on the correct use of the machinery, didn’t you?”

Claimants often find this part of the trial the most unnerving, however it is important to remember that it is the Defendant Barristers job to disarm the Claimant and defend the claim.

• Re-examination

This stage allows the Claimant’s barrister to put further questions to the Claimant, off the back of the cross examination.

Steps 2, 3 and 4 and then repeated for the Defendant and any witnesses to the evidence.

• Closing Arguments

Once all the evidence has been heard, both parties Barristers will make closing statements summing up their arguments. The purpose of this stage of the trial is so that the parties can highlight all the key issues for the Judge to consider when forming his/her judgment.

• Judgment

Prior to making a decision, a Judge may take a break to re-consider the evidence in his/her chamber. Once they have formed their judgment, they may return to the Court to read the same. Judges are not required to provide judgment the same day that the evidence is heard, and may also give their findings in writing or at a further hearing where they consider it is more appropriate.

A Fast Track Trial usually lasts for 1 day. There is normally waiting time in the morning and a break for lunch.

At Nayyars, we will arrange for you to be represented at the Trial by a Barrister. We also aim to attend ourselves to make sure the day proceeds as smoothly as possible.

If you do have a case that is heading towards a Trial then contact your Case Handler who will be happy to discuss it further with you.

The Civil Liability Act 2018 – ‘The Whiplash Reforms’ Update: 28th March 2019

The Civil Liability Bill received royal assent on 20^th December 20018 becoming the Civil Liability Act 2018. This brought into legislation the mechanism for reforms to claims for whiplash injuries. For accidents occurring after the reforms are implemented, damages for whiplash injuries lasting up to two years will be set by a tariff proposed by the Lord Chancellor, which is yet to be decided. The tariff is expected to include claims for minor psychological injury but excludes more severe symptoms of psychological illness such as Post Traumatic Stress Disorder.

It is important to note that the reforms will not affect claims for whiplash injuries made by motorcyclists, cyclists or pedestrians and any other road user who are not using a mechanically propelled motor vehicle. The Act makes clear that settlement of whiplash claims before a medical report are banned.

So what is a whiplash injury? A whiplash injury is defined as an injury of soft tissue nature to the neck, back and shoulders that is, a sprain, strain, tear, rapture or less damage of the muscle, tendon or ligament in the neck, back or shoulders, or an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulders. This does not include however, a soft tissue injury which is part of or connected with another injury. The definition of course may change however, the Lord Chancellor cannot review or amend the definition until three years have elapsed since the date the reforms come into force.

There is likely to be a portal system designed with Litigations in Person in mind which will be both simple and user friendly. The Government expect that the reforms will come into force in April 2020 and will not come into force until a fully operative infrastructure is confirmed, including a portal system.

The main purpose of the Act is to save money and reduce the average motorists’ annual premiums charged by the motor insurance companies. The Treasury is likely to require motor insurers to report to the Financial Conduct Authority (FCA) with information regarding the impact of savings on annual premiums passed on to their customers. By the end of 2014 the Treasury are expected to report their findings to Government of the savings passed on to motorists in annual premiums.

The exact way in which the reforms will be implemented and what specific provisions will apply are yet to be confirmed and these are subject to change. For now, what we can say is that the reforms will likely lead to a dip in claims being made for whiplash injury; those claims that are presented will be tariffed against lesser awards of compensation. We are also likely to see less involvement from Claimant Solicitors and more from accident management companies assisting Litigants in Person(s) through an online portal process and taking a cut of the award of damages in a Damages Based Agreement (DBA) rather than the Conditional ‘No Win No Fee’ Agreements (CFA) commonly entered with personal injury Solicitors.

DATED 28^TH MARCH 2019

What Are ‘Extraordinary Circumstances’ for a Delayed Flight?

It can be extremely frustrating if you’re stranded because of a cancelled or delayed flight, especially with young children. However, you do have rights to compensation if you are travelling from a European Union airport or on a European Union airline.

You can only claim against the airline if the reason for the delay is the airline’s fault. Sometimes an airline can claim that there have been extraordinary circumstances so compensation is not due. An extraordinary circumstance is something that it out of the airline’s control.

Extraordinary circumstances are:

1. Acts of Terrorism or Sabotage

If an act of sabotage or terrorism could include hijacking of a plane or the discovery of a bomb in the airport.

2. Risks to security

Risks to security could include the closure of an airport where a plane needs to land as a consequence of security concerns, flight delays due to suspicious luggage or the need to divert a plane to remove a disruptive passenger.

3. Medical Emergency

You may be delayed due to a medical emergency on board. If no doctors are on the plane and a passenger or crew member becomes ill, the staff may choose to land early for medics to intervene.

4. Adverse weather conditions

The airline must prove that the weather conditions prevented your flight from operating. Adverse weather conditions include; fog, hailstorms, volcanic ash, snow or severe temperatures.

None of the above are the airline’s fault so under EC regulations they do not have to pay you compensation.

However, there can still be a possible flight delay claim if the flight is delayed due to; late staff, denied boarding due to an overbooked flight, understaffed flights and technical problems with the plane.

If you are still unsure whether you could claim for a flight delay, it’s worth giving us a call to check, as we have a team of experts ready to take your call.

Glossary of Common Personal Injury Terms

If you are pursuing a claim for the injury your solicitor will use certain legal terms or send you documents to read and you will come across terminology that may not understand and below are some examples which will assist you in understanding the process in personal injury claims:-

Claimant: A person making a claim for compensation.

Defendant: A person who is being sued for a claim for injury and losses arising out of the accident.

Limitation: The rule is that the limitation period for personal injury claims is three years. This three-year period runs from the date on which the accident or incident occurred in which the injuries were caused; or three years from the date of ‘knowledge’. In the majority of cases, it will be clear when the personal injuries were caused. There are however there some exceptions depending on the type of claim you are pursuing and your Solicitor will be able to advise you on the limitation date for your own case. A failure to commence a court action within the relevant period will mean almost certainly that your legal right to sue will be lost.

Negligence: Fault or wrongdoing where someone owes another person the duty to take care and not cause an accident or disease.

Causation:  once you have established that there has been negligence you are required to prove that your injury and/or losses have arisen from the breach of duty.

Damages:  your claim for compensation for injury and/or financial losses.

Contributory negligence:  This is where both parties are held partially liable which has resulted in your injury/loss and this is determined by a % and will be deduced from any damages that may be awarded to you.  An example is when there is a 50/50 split on liability and this will mean that your damages will be reduced by 50% to reflect the liability apportionment.

Barrister: A Barrister is someone who will represent your case at Court, provide legal written advice and assist in the preparation of various court documents.

Costs:  The Solicitor and Barrister’s legal fees for the work they have undertaken in pursing the claim on your behalf.

General damages:  This is commonly known as the claim for pain, suffering and loss of amenity and this is your claim for personal injury which compensates you for the following:-

• Physical pain, suffering and impairment
• Mental pain and anguish – In addition to physical pain, memories of the accident can cause ongoing trauma, resulting in persistent stress and anxiety
• Lower quality of life – Pain, mobility restrictions and mental anguish can make performing even everyday tasks more challenging resulting in increasing dependence on others.
• Loss of a unique career – If the injuries do not allow you to go back to your former place of employment and you are forced to change careers, you may be entitled to a claim for damages.
• Difficulty finding another job – Looking for a job after an accident that has resulted in considerable physical and mental pain can be even more difficult than usual.

Special damages:   in addition to your claim for general damages, you may also be rewarded for any direct financial losses which may include any of the following:-

• Loss of earnings
• Prescription charges and medical costs
• Property damage
• Insurance excess
• Damage to Vehicle
• Special care aids and equipment
• Adapted transport
• Car hire
• Travel expenses
• Cost of assistance
• Costs of care
• Adapted accommodation
• Therapy
• Out of pocket expenses

My Flight Is Delayed, What Am I Entitled To?

If you were travelling from a European Airport or a European Airline, you may have rights under the EU law if your flight is delayed or cancelled.

If your flight’s delayed for 2 or more hours

Your airline has to give you:

• food and drink
• access to phone calls and emails
• accommodation if you’re delayed overnight – and journeys between the airport and the hotel

If your flight’s delayed for 3 or more hours:

• You already have a legal right to food and drink, phone calls and accommodation – you get this when the flight is delayed for 2 hours or more.
• You’re also entitled to get compensation if the delay is the airline’s responsibility

You’re entitled to a set amount of compensation depending on:

• the distance of the flight
• the length of the flight
• whether you’re flying to an EU or non-EU destination

If you are still unsure whether you could claim for a flight delay, it’s worth giving us a call to check, as we have a team of experts ready to take your call.

Why Make an Islamic Will?

We get asked this question a lot at Nayyars and the answer is quite simple. There is no difference in an English Will and a Shariah Will in this country other than the division of the estate.

There are many reasons why a Will should be made but this blog will concentrate on the Islamic significance of making a Will.

It will fulfil an important religious duty. If you die without leaving a Will you are deemed to have died ‘intestate’ and so your wealth will be distributed in accordance with the English rules on intestacy – which do not apply the same criteria as those laid down by the Shari’a. The Holy Quran states a division that should be followed. Dying without a Will means in this Country that division will NOT be followed.

It will give you peace of mind that your wishes are followed avoiding unnecessary family disputes after you have passed away. We all know stories of family members squabbling after the death of a loved one. Do everything you can to avoid this in your lifetime.

If you have children under the age of 18, and you and your spouse should die, then the courts may take the decision as to who looks after them. By appointing legal Guardians in your Will you can ensure that this doesn’t happen.

It also makes financial sense. Making a tax efficient Will can save on the amount of Inheritance Tax your family may have to pay after you die.

Also, practically it will save hassle when you die. In the event of dying intestate, your family will have to apply to the courts to administer your estate – a far more lengthy and costly process than if you had written a Will.

Finally, it gives you the opportunity to help those less fortunate. By leaving a gift in your Will to a charitable cause – it helps not only the beneficiaries, but can help you too – for ‘sadaqa jariya’ (ongoing charity) is an action that continues to be rewarded after death.

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

Acid Attack

I have been acting for acid attack victims for a number of years now claiming compensation for the injuries that they have suffered. Statistically acid attacks are massively on the rise with as many as 2 acid attacks taking place every day in England. London has the highest concentration of acid attacks and as a country we need to react fast to stop this growing phenomenon.

One step in the right direction was the change in new guidelines that were published by the Sentencing Council last week. For the first time acid is to be defined as a “highly dangerous weapon”. This means that judges can impose harsher punishments for anyone caught carrying it in public.

Another change that has come into force to deter criminals carrying acid is that if an adult is convicted of carrying a corrosive substance in public for a second time he/she will be given a minimum 6 month prison term. Anyone under the age of 18 will be given a 4 month detention and training order. This is a new law.

These match the guidelines already in place for knives. The court will determine whether the weapon is highly dangerous on the facts and circumstances of the case.

However there still remains the problem that there is no crime of possession for acid. Unlike knife crime, the police must prove the person intended to use it before they can charge. With knife crime the onus is on the person stopped to prove they have a lawful reason for carrying the knife.

Criminals know the burden is on the police and with acid being easy to carry this has to be the next stage tackled.

If you have been injured in an attack involving acid then give me a call to see where we can help you.

Top 5 Mistakes That Can Harm Your Personal Injury Claim

If you are thinking of making a claim for personal injury, it can seem like a very daunting process.

An experienced lawyer will know that it is an Insurance companies’ duty (and indeed the duty of their legal representatives) to validate each claim on its merits.

Scrutiny is drawn to each and every aspect of your claim which can often lead to challenges for which the average layperson would never have anticipated or indeed appreciated at the outset.

Often clients will be very frustrated when challenged on who was responsible for an accident (‘liability) or what caused the injuries claimed (‘causation’) and; how much their injuries/losses are worth (‘quantum’). Clients do not always realise that they must prove their claim on the balance of probabilities (i.e. 51% more likely than not) on each three aspects:- liability, causation and quantum, none of which is self-proving.

The following are a non-exhaustive list of a few common mistakes:-

1. Failure to adequately document evidence.

– CCTV. It is normal for companies to delete CCTV footage after 1 month so act fast and make a polite request. If you know there could be CCTV evidence, make sure to inform your Solicitor straight away so they can make urgent enquiries!

– Dashcam footage. So long as your dashcam is properly installed in your vehicle it can be admissible in Court – but beware, incriminating dashcam footage can also be used against you.

– Videos. So long as the recording is in a public place it may be admissible in Court.

– Photographs (once again, so long as they’re in a public place). These could be photographs of the third party’s registration/vehicle, the accident location, the damage to your and/or their vehicle.

– Text messages/emails. Text messages between you and the third party can be very useful, particularly if the third party admits to having caused your accident or offers to pay for the damage to your vehicle.

– Invoices/receipts. If you pay for something you may not have otherwise not had to pay for but for the accident, keep hold of the invoices/remittance slips/receipts.

– Police references/notes. Did the police attend the scene? They may have completed a report which could be invaluable to establishing who was at fault for your accident.

– Witnesses. Were there any witnesses who saw the accident take place? Other motorists, pedestrians, cyclists etc? Be polite. Ask them if you can rely on their help/statement and keep hold of their details.

2. Not seeking medical treatment straight away or at all.

Not seeking medical attention may result in the other side arguing that you have failed to mitigate your loss and lead to a reduction in any award for damages. Visit your GP to get the all clear, even if you do not feel your injuries significant, better safe than sorry.

3. Failure to mention pre-existing medical conditions and/or other accidents.

At some point during the course of your claim for personal injury you will be asked to attend a medico-legal examination. At that examination, you will be asked to disclose to the expert information which will be used to determine an opinion in respect of the extent and cause of the injuries you have sustained as a result of your accident. Many clients will not feel it relevant to tell the expert about all or any pre-existing conditions or significant medical past, particularly those which concern the same areas of injury that they are claiming for. The last thing clients expect is to be confronted with allegations that they have exaggerated their claim or have been fundamentally dishonest/fraudulent. Be open and honest about the other accidents (if any) you have been involved in, these will help the expert decide whether or not there is any overlap to be taken into account when giving their prognosis.

4. Agreeing to give a “recorded statement” or discussing your claim with the Third Party Insurance Company.

It is common that the other driver’s insurance company will attempt to make contact with you to obtain “a bit more information”. They will come across very friendly and act like they are on your side, however, the sole purpose of this contact is to obtain a statement or statements that can be used against you at a later stage, also known as ‘third party capture’. You are within your right to decline to provide any information or sign any document for the third party’s insurance company and once you have instructed a Solicitor to represent you, they will handle ALL further communication with the third party’s insurance company.

5. Failure to mitigate losses.

It is the Claimant’s duty to mitigate their losses and this is often forgotten. The other party may seek to pay less or refuse to pay for certain losses they deem could and should have been mitigated. Whether it be taking a bus to get to those physiotherapy appointments rather than expensive private taxis, hiring luxury vehicles that are not like-for-like, there are an endless number of ways which a Claimant will be scrutinised for failing to mitigate their losses and these all fall to be decided on a case-by-case basis, so ensure you act reasonably in all circumstances.