Passport Fees Increase 2018

If you are considering going on holiday then now is the time to check whether you need to re-new your passport as the fees are increasing on March 27^th.

The present fees for an adult passport are £72.50 and will be increasing to £85. This is for all postal applications.

The present fees for a child under the age of 16 passports are £46 and will be increasing to £58.50. This is an increase of a whopping 27%!

Fees for Fast Track applications will rise by £39 for adults to £142 and now be £122 for children. The new rules will also introduce a premium collect service which will cost adults £177 and children £151

If you want to avoid paying the increased fees and save yourself some money then now is the time to send off your applications. Online applications will also rise but by less. The fees for adults will be £75.50 and a child will be £49.

It is expected to generate an additional income of £50 million for HM Passport Office in the year 2018-2019.

The reason behind this is to reduce administrative costs and encourage people to use the on-line service. However not everybody has access to the internet or is internet savvy!

If your passport is due for renewal then act fast!

Can You Claim If You Fall on the Street?

If you are out in the street and fall over, can you make a claim for compensation if you are injured?

If you have fallen as a result of a defective pavement, walkway, car park, road and other outdoor surface then depending on what caused you to fall you could make a claim. Falls in public places can result in serious injuries including fractures and head injuries.

If the land is owned privately, then the claim will be against the public liability insurers of the landowners so for example the insurance company of the doctor’s surgery or car park. If you have fallen on land that is public highway then the insurance company of the Highway Authority responsible for the land will be liable. It is fairly straightforward to work out who is responsible for the land and direct the claim to them. Your Solicitors can do a Land Registry search to find this out if you are not sure.

When you fall, it is up to you to prove that you fell due to an “actionable defect”. The defect has to be a certain height. Roads do not have to be completely flat. There has to be an actionable defect so for example a broken paving slab or grid.

If you do have a fall, remember you need evidence of the defect. This can be proved in various ways including close up photographs. If possible take the photograph with an object next to it to show the height of what caused you to fall. The photographs should also show the location clearly. If possible take written measurements of the defect. If there are any witnesses then their details must be obtained. You should always report defects and accidents to the relevant responsible owner so either the local Council or landowner.

Claims for falls in public places can be difficult. Most Highway Authorities have regular inspections that take place and will have a valid defence if they can show that they inspected their pavements and roads regularly and kept written records. However, at Nayyars we have a strong record of succeeding in these cases and can tell you fairly early on how strong your case is. We offer a No Win No Fee service on personal injury cases so you have nothing to lose.

If all of the above have been done then you may have a good case against the responsible party. If you contact our specialist Personal Injury Department we can start your case for you.

What to Expect When Going to Trial for a Car Accident Claim for an Injury

One of the first questions we get asked as lawyers is “Will I have to go to Court?” The simple answer to that is most car accident claims are successfully settled without having to go to a Trial at court.

If your opponent (the Defendant) has refused to deal with your claim on a satisfactory basis either by not accepting fault or by not offering the correct level of damages for your injury and/or losses, then a Trial is necessary to attempt to reach settlement.

Court proceedings will be issued by your Solicitor if an amicable settlement cannot be reached with the Defendant. Your Solicitor will have followed the relevant rules before going to court, as the rules state that taking your claim to court should be a ‘last resort’. Once the court have issued the proceedings the Defendant files a Defence; their formal response to your claim.

The court then gives a timetable to the parties of how the claim will progress towards a Trial if settlement is still not reached. Once all the orders of the court have been dealt with; both parties having sent the other side all the evidence they intend to rely on, the Court will set a date for the trial.

It is important to ensure that you have given your Solicitor all the evidence you have about the claim for example, details of any witnesses, police if they attended or any photographs of the accident scene or damage suffered. It is very unlikely that any new evidence can be relied on at the trial if it has not been sent to the other party before the trial.

The trial is a civil hearing at a County Court, without a jury.  Only the trial Judge and both parties and their legal representatives together with any relevant witnesses or experts go to the trial.

Both parties will give their evidence to the Judge, relying on the witness statements and documents previously sent to the other side.

You (the Claimant) will have to prove the claim in respect of fault (negligence) of the Defendant and that the negligence of the Defendant caused the injuries and/or losses suffered and/or claimed.

After the Claimant has given their evidence, the Defendant has the opportunity to cross-examine the Claimant and any witnesses. The Defendant gives their evidence and cross examination of the Defendant will be done by your legal representative, usually a barrister.

The legal representatives both sum up their cases to the Judge once all the witnesses have given evidence and been cross examined.

The Judge then gives his decision (Judgment) summing up the important points justifying his decision. This can be given immediately or the Judge can advise that time for consideration of all the evidence is required and the Judgment will follow at a later date.

Going to court can be stressful. As lawyers we understand that. You will however be represented by a Barrister and usually one of the Nayyars Team will also be present to guide you through the day. We normally arrange for you to speak to your Barrister beforehand too in a conference. Rest assured if your case is one of the few that does reach a Trial, we will make sure we everything possible beforehand to ensure you win!

Excluding Your Children from Your Will

At the time of drafting your Will you are entitled to leave your Estate to anyone you wish. You do not have to leave it to certain family members. Remember if you do not leave a Will then your Estate will be divided in accordance with the English laws of inheritance. This may mean that family members you did not want to leave any of your property to stand to inherit your Estate. It may mean that your nearest and dearest, just because they are not close blood relatives, do not receive anything.

You are entitled to exclude your children from your Will. However, be aware that if your Will is not clearly drafted then after your death your estate could face a claim against the Inheritance Provisions Financial Dependency Act 1975 (IPFDA 1975). There are a number of reasons why you may leave your children out of your will. One of the most common reasons is because you have fallen out with your children.

The IPFDA 1975 will provide reasonable provision of the estate for the maintenance of the family and the children i.e. dependants who have not been reasonably provided for when someone has passed away.

The courts are robust and strict. They rely on a number of key factors to help them ascertain a good reason why the children are excluded from the Will and whether or not they should be entitled to a bequest. It is incumbent upon you to ensure you have acted reasonable when you make your Will.

You need to make sure you have a good reason for the distribution of your estate. You also need to ensure that you have acted reasonably in your decision to exclude your children from your Will. The added consequence should you wish to exclude your children from your Will, may mean that it could result in your Will being partly disregarded. However, it can be much worse if you have no Will at all. It goes without saying, if you do not have a Will then you have no right on how your estate will be distributed.

We would suggest making it clear in the Will or accompanying document the reason for excluding your children out of the Will to stop any issues arising later.

Our Private Client Team can provide guidance on how best to draft your Will. Please contact us today for an initial appointment. We can provide an express 48 hour service for the provision of Wills.

Have you been in a Car Accident with an Uninsured Driver? Fear not

Panic is almost immediately likely to set in if you discover the person driving the car that caused the accident was not insured. However, it is not the end of the world if you are hit by an uninsured driver. The government set up the Motor Insurers Bureau in 1946 to assist those who have suffered loss at the hands of an uninsured driver. They operate under 2 different Agreements, one for Uninsured Drivers and one for Untraced Drivers (Hit and Run). Please see our earlier blog for untraced driver information.

The Motor Insurers Bureau (MIB) is funded by an estimated £30 a year from every insured driver’s premiums. The MIB was therefore set up to manage a fund designated to compensate those injured in an accident caused by uninsured drivers.

Shocking figures released by the MIB show that every three days someone is involved in an accident with an uninsured driver which will ultimately lead to a fatality. There are estimated one million car drivers who are still using the UK’s national road network without insurance.

The MIB settles about 25,000 claims a year and on average 120 relate to an accident where someone has died at the hands of a driver who either had no insurance or left the scene.

We are here to help you successfully claim against an uninsured driver. See below the process in order to submit a claim to the MIB;

• A search is conducted through an online database called “AskMID” which will confirm whether the other vehicle involved in the accident is insured.
• You will need the name and address of the other driver as well as the vehicle registration number, make and model of the other vehicle.
• If the person driving the other vehicle refused to give you details of their insurance make a formal complaint to the police. You are entitled to do this as a refusal to give insurance information is a criminal offence.
• If you have comprehensive motor insurance for your vehicle you should make a claim for any repairs through your own insurer.

Once the MIB receive a completed claim form detailing the accident, the MIB will carry out their own investigations to establish the facts and assess any compensation that might be due. This may include obtaining a police report, contacting other bodies such as the DVLA and obtaining independent reports from motor engineers or witnesses.

When the MIB have completed their investigations, if you are entitled to compensation, the MIB will make a final compensation payment. Compensation is only payable where some fault can be established on the part of the driver you consider responsible.

If you have been involved in an accident with an uninsured driver, don’t delay the matter! Call us today to speak to our friendly team who deal with uninsured driver accidents.

What does “Causation” mean in a Personal Injury Claim?

There are many stages that a claim has to satisfy before the claim is successful. One of these stages is known as causation; but what is causation? Causation is a term used by people in the legal profession to describe whether the accident could have CAUSED the injury.

Often, the fault in the accident is not in dispute –  it is the question ‘has the injury been caused by the accident?’ that is in dispute.  The other driver in an accident may admit to causing the damage to your car, but raise an issue with the personal injury element, arguing the damage couldn’t have CAUSED the injury.

The Defendant’s Insurers tend to raise causation when they believe the impact to the vehicle was so light that it could not have caused injury.  However, legally it is for the Claimant to prove his case. The Claimant needs to prove he was injured if, for the example, the accident happened at a low speed and there was little damage to the cars.

The question therefore is, how do you prove to the Defendant insurers that you are injured? There are several ways to do this.  One of the main ways to overcome causation is your Solicitor showing that you must have been injured because after the accident you went to the GP/hospital. Seeking medical attention will help with your pain management but will also help show that after the accident you were injured.  We advise that you continue visiting the GP if you still are experiencing pain 2 months after the accident.

Another way in which your Solicitor can show that you were injured after the accident is by keeping prescription receipts. If you used medication as a form of pain relief then you are confirming that you were injured and that the accident did CAUSE you an injury.

At Nayyars, we would send you to see a medical expert who is experienced in dealing with individuals who have suffered from a road traffic accident. They will consider the extent of your injury and would advise the time it will take for a complete recovery. This report therefore will assist in confirming that you were injured as a result of the accident and will be sent over to the Defendant’s Insurer’s to review and evaluate.

The Defendant’s Insurers tend to be satisfied that causation is no longer an issue if the Claimant can provide on the evidence that despite the accident being a minor one the Claimant was injured.

If you have been involved in a low impact collision then Nayyars Solicitors are experts in making claims where the extent of the injury is disputed. Tactically and technically we know how to get results in these cases. Contact one of our Personal Injury Team today.

Verbal Contracts – Giving Only Your Word?

Often when you find yourself paying for a good or service, you haven’t signed a written contract detailing your agreement and showing you are bound. In these kind of situations, it is difficult to know what your rights and responsibilities are, as it is not as easy to refer back to conversations in your memory as it is a written document. So, when are you bound by your words?

One of the most common examples is a verbal contract with your Driving Instructor. Driving Instructors provide a service in return for money which is often handled in cash payments without any formal documentation exchanging hands or being signed. Let’s use the example of a driving instructor telling you in a conversation that if you cancel a driving lesson less than 5 days before the agreed date, you would still be charged for it.

An emergency arises and you contact your driving instructor two days before your lesson apologising, and he is furious, warning you he will take you to court if you do not pay for the missed lessons.

So what are your rights and responsibilities when you have exchanged nothing in writing?

The issue with verbal contracts is that they are much harder to prove. The instructor would need evidence to prove that a binding agreement has been reached. There are 4 elements which he needs to show existed:

1. That an offer to provide services with particular terms was made
2. That the offer was accepted
3. That there was “consideration” – which means that there must have been an exchange of goods, rights or services with value.
4. There was an intention to be legally bound

It is often the last hurdle which is the most difficult to prove – were both parties aware that their words were legally binding? During the conversation, you may have thought it would be to discourage early cancellations and wouldn’t apply in cases of emergencies. You also may not have explicitly agreed to this. In these cases – you did not have the intention to be legally bound by the terms of the agreement.

If you expressly agreed this would be okay even over text-message or over a phone call, your driving instructor would find it much easier to prove there is a contract and you must pay the amount.

However, always remember when being threatened with court proceedings, that if the claim is less than £300, the person taking it to Court would have to pay a £35 fee, and the costs of any legal representation. So, often over a £25 driving lesson, they won’t take you to court simply because the claim is worth less than how much it will cost them to take it to court.

The above example is based on a low value claim, however if you are owed or are being chased for a larger amount of money then it is worth seeking legal advice on your rights. Remember the absence of a written contract does not mean that a contract does not exist!

Even if you are taken to court, or simply want some advice, just contact Nayyars Solicitors on 0161 491 8520 and we can help deal with your claim.

The Myth of Unmarried Couples

If I had a pound for every time I have heard a co-habiting couple express their surprise that their relationship was not legally recognised I would probably be very rich! There are now 3.3 million couples who live together in the UK without being married. Nothing wrong with that but what can be very wrong is that they think they have the same rights as couples who are married. Put simply, they do not. That is the myth of unmarried couples.

Let me break this down and make it very clear – hear me once and take it in.

If you are not legally married to your partner, regardless of how long you have been living together, you are not treated the same as a married couple. Leaving yourself without a civil marriage registration can be very dangerous if you have not protected your legal rights.

There is also the myth that surrounds the use of the word “common law spouse”. As a lawyer, I dislike that word immensely. Why? Because it gives the impression that if couples live together for long enough, or have children together, they acquire legal rights in the same way married couples do. This is not true. In only very limited circumstances can a court deal with finances or property should an unmarried couple separate, and that excludes provision of income.

If the couple have children then even if they are unmarried, each parent still has financial obligations to their children. That is where it ends though. They do not have any financial obligations to their partner. Should they split up the partner may be left without a home, an income and no access to savings. Could this happen to you?

Whilst in a relationship, no couple ever wants to think about what would happen if they were to split up. However, to protect both your interests, we would strongly advise you to seek legal advice. There are various steps you can take to protect yourself if your relationship ends or if one of you dies. You could draw up a Co-habitation Agreement or a Declaration of Trust. You should consider having a Will drafted too.

We have a Family Law Team that can help guide you. Give us a call today for a no-obligation confidential discussion.

Accidents with Foreign-Registered Vehicles

If you are involved in an accident with a vehicle that is registered in another country then the procedure for making a claim can differ. There are some steps that you can take to help make your claim easier.

Find out if the driver is insured

You should find out which country the driver is from and if the driver is insured which insurance company provides the cover. Obtaining the other driver’s insurance details is usually done at the road side, at the time of the accident, but if that isn’t possible, provide as many details as possible about the driver and the vehicle. If possible take photographs of the vehicle, it’s driver and registration plate.

Foreign Registered Lorries

It is particularly important that you make every effort to find out the registration numbers of both the front and the back of the lorry. This is because in some countries trailers are registered separately and have their own registration numbers and insurers. If possible, take photographs on your mobile phone.

Green Card

You may have been given the details of the other driver’s Green Card. A Green Card is an international proof of insurance. If the other driver has given you this information, please keep a record of this as it will be useful for your claim. Again, take a photograph on your mobile phone.

Under the Green Card system, if the insurer of the foreign registered vehicle has an agent in this country that agent will deal with your claim.

When making a claim, please ensure that you provide all the available information which should include where possible:

• The name of the foreign insurer
• Owner or policy holder’s name
• Driver’s name, address and contact details
• Vehicle registration number
• Policy or Green Card number and photocopies of any documents provided in relation to the accident
• Accident date and exact location
• Accident circumstances
• Any photographs

Once you have the relevant information then contact us at Nayyars and we can assist you with your claim.

10 Reasons You Should Instruct a Personal Injury Solicitor You Can Meet

We live in a world full of technology that affects most aspects of life. Due to this, many people instruct solicitors without actually ever meeting them. This is also common amongst personal injury solicitors and the traditional method of meeting the solicitor in person is no longer common practice. The effect of this is that the client and solicitor relationship is affected as well as the outcome of the claim for a number of reasons:-

1. You will find it easier to talk about your accident and injuries and will remember more details at a meeting, enabling your solicitor to be better-equipped to fight your case. Most people prefer to talk face-to-face about important and sensitive matters rather than by telephone.
2. Your solicitor will be able to see any physical injuries such as scarring and take photographs of them if required.
3. An experienced solicitor may detect that you have psychological symptoms as a result of the accident that you may not be aware of and suggest that you may need to talk to your GP about conditions such as post-traumatic stress or travel anxiety.
4. It is much safer to take papers to a solicitor’s office when you go to meet them rather than risk them being lost in the post, particularly if the documents are important or valuable. You will be able to take them home with you after we have copied them rather than waiting a few days for them to be returned by the Royal Mail.
5. You will probably form a good working relationship with your solicitor after meeting them which will ensure you receive a high level of service as the case progresses.
6. A solicitor who has met you will be more likely to be convinced that you are a genuine, truthful person than one who hasn’t met you if an insurance company (as they often do) alleges that you are exaggerating or lying about your claim.
7. As the case progresses, it is much easier for us to discuss complex documents with you such as medical reports and barristers’ advice if we are both in the same room with the same documents in front of us rather than doing so by telephone.
8. At Nayyars, the solicitors will generally be able to obtain more information from you during a meeting than if you are discussing the case on the phone. We often like clients to draw diagrams to show how accidents occur which cannot be done on the phone. We also often ask clients to show us how Road Traffic Accidents occurred by demonstrating with model cars. If necessary we will write you a list of further information needed for you to take home with you after the meeting.
9. We won’t be able to make you a good cup of tea if you don’t come and see us!
10. Finally, Personal Injury claims are all about the client. The more we know about the person who has been injured, the better we at Nayyars Solicitors will be able to assist them and obtain the best possible outcome.