How Long Does It Take To Get A Divorce?

When a marriage breaks down the next step is for the parties to take legal action to dissolve the marriage. We know this is a big step with significant repercussions for the family unit. A common question we get asked is how long does it take to get a divorce? In short, the answer is to how long it takes to get divorced is around 4-6 months if everything goes smoothly. Every case and court is different and we work on a time scale of around 6 months with you from instructing us to getting the final divorce document. Be aware though, it can take up to 12 months. Remember you do have to be married for 12 months before you can start divorce proceedings in the first place. If you have been married for less than 12 months, then you will have to wait.

There is no such thing as a “quickie divorce”. All divorce procedures follow the same format and it depends on the circumstances of the divorce and the speed of the court where the divorce is being issued. If someone tells you to go for a “quickie divorce” then contact us as we will always move as
fast as we can to help you with the minimum amount of stress.

Between the Decree Nisi (first stage of the divorce) and Decree Absolute (the divorce certificate) you will have to wait for 6 weeks. There is nothing you can do about that. This waiting period does slow down the process but it also gives you a chance to withdraw your petition if you change your mind.

There is no way to speed the divorce process up further but there are ways to not slow it down. I encourage clients to try and agree as much as possible with their ex beforehand. If you are in a position to discuss it with your ex then this saves a lot of time. You could let them know that you are seeing a solicitor to get the ball rolling and suggest they do the same. However, if you cannot reach an agreement then we can do the negotiation and settlement on your behalf.

Unfortunately, the concept of fault divorce causes a lot of frustration for parties. It is an old-fashioned concept and one thankfully there is talk of abolishing. At present, you will have to choose one of the 5 grounds that there are for divorce when completing the divorce petition. We can guide you on these but most of our clients choose either the ground of “unreasonable behaviour” or “2 years separation with consent”. If both parties reply to letters and provide documents promptly that will also speed up the procedure.

Most people will approach a solicitor when they are finally ready to get divorced. The road before then has often been a stressful one. The last thing clients want is added stress. We will be as quick as you want us to be in trying to get the marriage ended. We will also guide you to try and get the divorce done as quickly as possible.

We offer a fixed fee divorce service with an initial free appointment.

Can You Have A Good Divorce?

Can you ever have a “good” divorce? Yes – Ayesha thinks you can. Whether it’s dissolving a marriage or a civil partnership, a good divorce is one where the parties remain amicable, they step away from their emotions and put their sensible heads on. We know it’s easier said than done but it’s couples who, even though they realise the marriage has broken down, have worked together to reach the goal of dissolving the marriage, sharing out their assets and agreeing what’s best for the children that ultimately do the best. This takes away a lot of the stress, heartache and importantly costly legal fees. Watch Ayesha’s appearance as an expert divorce lawyer on Channel 4’s Steph’s Packed Lunch.

Should violent offenders go to prison for longer?

Should violent offenders go to prison for longer? As a lawyer who has acted for victims of violent crime for years, this is a subject I feel very strongly about. In my view, the starting point is looking at why we send offenders to prison. In my view primarily it serves a punishment, secondly it gets dangerous people off our streets acts, thirdly it acts as an effective deterrent and finally it is an institution that should aim to rehabilitate the offender. It is a controversial topic and one that always stirs up a heated debate.  Listen to our discussion on whether we should get tougher on those who break the law or whether the get tough approach will not work.

What if I need to change my Will?

When you make a Will the plan is always that it is to last until you die. However, we all know that is not always the case. Circumstances change and this could result in you wanting to make changes to your Will. Your Will should always contain your present intentions. If you have a Will and your wishes have changed, then take immediate action. If you die, without changing your Will, then the last Will and its provisions will apply. This could cause problems for those you leave behind. Do not leave it to chance, come and speak to one of our Wills and Probate Lawyers.

Even if you do not wish to change your Will, there are certain events that will result in your Will not taking effect in its format or being invalid. You should always consider getting a new Will.  If you get married or enter into a civil partnership this will make your Will invalid. However, converting a civil partnership into a marriage will not.

The other change in life event is Divorce; this will not render your Will invalid but it may change the provisions relating to your ex-spouse or civil partner. They will be treated as though they have died before you. No gifts or appointments to them will take effect.

We would recommend that if you have a Will that you read it every year. If you are in any doubt as to its contents and wishes, then make an appointment to see a solicitor who will explain it clearly. When you are reading the Will, check whether anything has changed, eg have you had more grandchildren? Are you still happy with the executors that you have originally chosen?

Our Wills and Probate Team are experts in this area and can guide you on all areas of Will Writing. We offer fixed fees at competitive rates.

If you wish to make an appointment give us a call on 0161 491 8520.

What can you claim in a car accident?

This blog will guide you on the types of losses you can claim for if you have been involved in a road traffic accident.

If you have been injured in an accident, the first thing that may come to mind is whether I can claim for injury?  However, in addition to receiving compensation for your personal injury you may be entitled to pursue a claim for any financial losses which have arisen as a direct result of you being involved in an accident.

I have listed below an example of the most common types of claim you can make.

Personal injury

The value of your injury claim will be based on the nature and extent of your injury.  We value what your claim is worth upon receipt of a medical report from an independent medical expert.  A claim can be made for both physical and psychological injuries.

Claim for financial losses

Compensation for vehicle damage

If the vehicle you were driving at the time of the accident has been damaged or written off then you can claim for the repair costs or the pre-accident vehicle of your vehicle.   This would need to be supported with documentary evidence either by way of an Engineer’s report or estimate from a garage.

Cost of a hire vehicle

You can claim for the cost of hiring an alternative vehicle if your vehicle has been rendered unroadworthy. You can either pay for the cost of the hire vehicle upfront or hire a vehicle on a credit basis which means you do not pay any charges upfront and enter into a credit hire agreement with the hire company.

Loss of use of vehicle

If you choose not to hire a vehicle whilst you await payment for the damage to your vehicle to repair or replace it – you are entitled to claim a daily rate for the “loss of use of vehicle.”

Vehicle recovery

You may have to have your vehicle towed from the scene of the accident to a storage unit if you are unable to leave your damaged vehicle outside of your home.  The recovery company will charge you a recovery fee for this service and you are entitled to claim for the same.

Vehicle storage expenses

You may have to store your vehicle in a safe place and you are entitled to claim the storage charges expense and the storage company will usually charge you a daily rate.

Loss of fuel in the tank

If your vehicle is beyond economic repair and you choose to dispose of it then you are entitled to claim the expense of the fuel that was in the tank at the time of your accident.

Travel expenses

You are entitled to claim any travel expenses relating to your road accident, including those to and from hospital and your GP. You will need to keep hold of the receipts or if you relied on friends or family members to give you lifts,  you are entitled to claim a mileage rate which is usually claimed at £0.45 per mile.

Damage to personal clothing/items

This can include items such as mobile phones, child car seats, sunglasses and other items you own which were in the vehicle and were damaged as a result of the collision. The insurers will request to see proof of the damage and receipts.

Cost of medical treatment for your injuries

You can claim for past and future medical expenses which can include the cost of purchasing over the counter painkillers, rehab costs such as physiotherapy and even the cost of surgery.

Loss of earnings

If you were unable to work as a result of your road accident you are entitled to claim lost income as a net amount – income after tax and national insurance is deducted. You would have to provide wage slips from your employer covering 13 weeks’ payslips prior to your accident and covering the time you have had off work.   If you are self-employed – you will need to provide accounts and tax returns.

You can claim for past and future loss of earnings.

Care and assistance

You can claim for paid and unpaid help you receive after an accident.  It could be that your injuries prevent you from carrying out certain activities around at home that you would do yourself and you have to rely on friends and family to help you with tasks such as cooking/cleaning and personal care.  They would need to provide a statement to prove they assisted you together with details of the nature and extent of the assistance they provided.  You can claim for paid help you received, such as the costs of employing a gardener or cleaner.

You can claim for past and future care and assistance.

Loss of holiday

If you had a holiday booked which you were unable to go on as a result of your road accident – you are entitled to claim the cost of the holiday. If you were able to go on the holiday, but due to your injuries you were unable to enjoy the holiday – you are entitled to claim for loss of enjoyment.

This is not an exhaustive list and some items of loss will be specific to you and if you are unsure if you can claim for a head of loss we can advise you if it is possible or not.

Always bear in mind that just because you have suffered an injury or loss does not necessarily mean you will still have a claim.  You have to show that your injury has been suffered as a result of the accident and any financial losses have been reasonably incurred as there is a duty on you as a Claimant to mitigate your losses.  You must ensure that with any financial losses you want to claim for that you keep hold of receipts.

If you have been involved in accident and require advice about any aspect of the claim then please do not hesitate to speak to one of our personal injury solicitors who will be happy to discuss any queries you have.

9 Types of Medical Negligence

When you visit a medical professional, the assumption is that they are going to provide you with a high quality of care and treatment. While this is ordinarily the case, there are times when this care falls well below the standard expected, and when it comes to your health, this can have a serious impact.

Of course, medical treatment is not always guaranteed to work. In some cases, the right steps were taken, even if the desired outcome was not achieved. This can make determining medical negligence difficult, as it is not always obvious whether you were the victim of bad care or just bad luck.

If you suspect that you may have suffered medical negligence, one of the best ways to determine whether you have is by looking at the common types of medical negligence.

With that in mind, we are going to share nine types of medical negligence so you can see if any sound like the experience you had.

Before we do, though, it is important to point out that there are many different forms of medical negligence, ranging from botox injury to being prescribed the wrong pills. Due to the wide range of types, you should always speak to a solicitor to identify exactly what type of claim you should make.

Types of Medical Negligence

1. Misdiagnosis

Misdiagnosis occurs when a medical professional fails to diagnose what condition a patient is suffering from. This may be because they think the patient has a different illness, or because they do not notice their condition at all.

As a result of medical misdiagnosis, a patient may have been prescribed the wrong treatment or none at all, resulting in their condition worsening and potentially even being life-threatening.

Medical misdiagnosis can also take place where there was a delay in identifying the condition.

2. Surgical Negligence

Surgery almost always comes with some inherent risk, but sometimes mistakes are made that should never happen. These ‘never events’ include foreign objects being left in patients or the wrong area of the body being operated on.

In some extreme cases, patients have even had the wrong operation performed on them as a result of clerical mistakes. Alongside mistakes, surgical negligence can also take place where an operation wasn’t necessary in the first place or the patient didn’t fully consent.

3. Anaesthesia

Anaesthetic is a common part of medical treatment and something most of us are given at some point in our lives, whether it be in the hospital or at the dentist.

Medical negligence can occur as a result of the improper application or a failure to monitor how it is impacting the patient. The results can range from patients waking up during surgery to brain damage as a result of a lack of oxygen.

4. Prescription and Medication Errors

Thousands of prescriptions are written and dispensed each day, and in rare cases, errors can occur. These mistakes may take the form of the wrong medication or dosage being given to you, medications being prescribed together that should not be, or medications being given to patients despite knowing they are allergic to them.

The consequences of the wrong medication being prescribed or dispensed to you can be serious and can range from digestive problems to death.

5. Long-Term Negligent Treatment

Most medical conditions are not cured overnight. Instead, it is likely that a patient will need long-term treatment or care. Where a medical professional fails to monitor the impact of the treatment properly or does not schedule the correct follow-up appointment, medical negligence can take place.

In these cases, negligent treatment can lead to further illness or injury or the return of the previous condition.

6. Negligent Medical Advice

While most of us rely on a medical professional’s expertise for treatment, patients are still meant to be advised on any risks, side effects or alternatives available. This advice is integral to being able to make an informed decision.

If they fail to advise you in this way and something subsequently goes wrong with your treatment, medical negligence may have taken place.

7. Pregnancy and Birth Injuries

Birth injuries can include any harm the mother or baby suffers either during and after the pregnancy. These injuries can have life-changing ramifications for both mother and child, and examples include cerebral palsy, bowel trauma and maternal diabetes.

Negligence can also take the form of wrongful birth cases, such as where a vasectomy failed or parents were not warned that a child would have been born with a specific injury.

8. Dental Negligence

It is important to note that it is not just your local NHS doctor who can provide negligent care. A number of medical negligence claims come about as a result of low-quality treatment from a dentist.

Dental negligence can occur in many of the ways we have already discussed, from poorly performed surgical procedures to misdiagnosis or inadequate patient care.

9. Negligent Cosmetic Care

Cosmetic surgery is becoming more and more popular among both men and women. So, it is no surprise that we are seeing a rise in the number of medical negligence cases resulting from cosmetic surgery.

Where cosmetic care is not good enough, individuals can be left with long-lasting physical and emotional damage and may require further care. Medical negligence can arise from a range of cosmetic surgeries including botox and liposuction.

Do You Have a Medical Negligence Claim?

If you suspect that you may have been the victim of medical negligence, it is important that you act quickly. Unless you were under the age of 18 when the suspected negligence happened, in most cases, you only have three years from the date you first realised you had been a victim of medical negligence to make a claim.

While this may seem like a long time, medical negligence claims can take a long time to build, as the evidence you need to provide is extensive. Therefore, you should not waste time in speaking to a solicitor who can review your claim and begin building your case.

So, if negligent medical care has resulted in injury to you, get in touch with the Nayyars team to learn how we can help you.

How to make a Successful Flight Delay/Cancellation Claim?

Flight claims can appear to most people as hassle and time consuming. Particularly when you have suffered the audacity of a flight delay or a cancelled flight and you were looking forward to a break away.  Nayyars Solicitors are here to release the burden. We offer a No Win No Fee agreement.

It is important to know that all fare paying children have the same right to flight delay compensation as adults.

Here are some useful tips to help you understand what you may be entitled to by the airline:

If your flight has been delayed by 3 hours or more you will entitled to pecuniary compensation.

The amount you are entitled depends on the duration you have travelled, the airport you have travelled from and the actual time of arrival. The compensation paid is in Euros.  The maximum compensation paid is €600 per passenger.

If your flight has been delayed of 5 hours or more you have the option to board the flight or not. If you don’t take the flight the airline legally has to provide you with the following:

• A full refund for the flight
• A full refund for other flights from the airline that you won’t use in the same booking, e.g. an onward or return flight
• A full refund if you are part way through a journey, a flight back to the airport you originally departed from

If you do take the flight, all is not lost. You can claim compensation if the delay is due to the airlines fault e.g. if there was a technical problem or they were overbooked.

If you have experienced a flight cancellation you can also claim for compensation. The airport is required to offer you the following:

• A full refund, including other flights from the airline that you will not use in the same booking such as onward/return flights
• A replacement flight to get you to your destination;
• Compensation if the cancellation delays you of at least 3 hours or more.
• Compensation if you were delayed by the replacement flight of 2 hours or more and you were given less than 14 days’ notice before departure
• Compensation if your flight was cancelled less than 7 days before departure. This is dependent upon the flight distance and departure/arrival times

If you get a replacement flight the airline has to help you with the costs of food and drink, access to phone calls and emails to change arrangements. You may be entitled to hotel accommodation if you are delayed overnight as well as the journey between the airport and the hotel. If the airline are not willing to provide compensation for these services, keep a receipt of your purchases detailing your out of pocket expenses as evidence in support of your claim.

Some cases of delay may be out of control of the airline and these include bad weather conditions or security threats. Surprisingly only 2% of air passengers that are eligible successfully claim their compensation every year. It means that 98% do not even claim it. Don’t be one of them. This can be extra money towards that long-awaited break. Contact Nayyars Solicitors and leave the rest to us.

If you have been affected by a downturn in work due to the coronavirus, then as an employer you will have to decide what you do next with your workforce. You could employ 1 staff member or 1000 but the issues that affect you are the same.

These are your options:

1. You terminate employment. There is no work. You cannot afford to pay your staff. Simple answer is you terminate their contracts of employment and sadly send them home. The normal redundancy rules will apply. Consult the contracts of employments to see what redundancy provisions have been agreed but if there are none then statutory redundancy provisions apply. In a nutshell, an employee will normally be entitled to statutory redundancy pay if they are an employee and they have been working for you for 2 years or more. Try and explore all avenues before you resort to this.

2. You reduce their contractual hours for the short term until work picks up for example offer them 3/5th contract. The employee will have to consent to this. You will have to give them a clear explanation of why you need to do this and explain the alternative you have is to make them redundant. Be wary though forcing an employee to take this reduction could amount to a fundamental breach of contract and the employee could have a claim against you.

3. You reduce their salaries. Be prepared to explain the reason why and what alternatives you are faced with (i.e terminating their employment). You must be able to justify this step (if you are faced with an employment claim) and you must take the employees consent to this drastic step.

4. You temporarily lay them off for the period you expect to be affected by the coronavirus pandemic. This is called “furloughing”. They go home and they do not work at all for you during this period. You continue to pay them 80% of their salary and you reclaim from the Government Coronavirus Retention Scheme. You can pay them 100% (effectively topping up the extra 20% yourself) but you will only receive back 80%. Once there is enough work for them to do, you call them back and normal work life resumes.

5. You can ask them to use their holiday allowance at this specific time. However, you are obliged to provide notice of at least twice the amount of time as the leave you want them to take. You can agree with your staff to vary this requirement in the circumstances, but they have to agree. In reality, with the lockdown period being uncertain this may not be a viable option.

6. If you cannot afford to pay your employees during this period, then you could ask them to take unpaid leave. If they refuse then you may have to resort to option 1, terminating their employment with the resulting redundancy issues. You could try and utilise option 5 and furlough them on the basis that they will be paid when you receive the money from the Government. You might want to give them the option to take an unpaid sabbatical for 6 months. This has been a good offer in the past as some employees want to take up the chance to go travelling or spend time with their family. You may have employees who have been thinking about this and take you up on the offer. However, with money being tight all round, right now this may not be an attractive option.

As an employer, these are uncertain times, and now more that ever your relationships with your employees will be tested. We offer a fixed fee package to help you manoeuvre this difficult time. If you need help give us a call on 0161 491 8520.

How Do You Decide Who To Make Redundant Out Of Your Employees During COVID-19 Pandemic

During the current Covid-19 pandemic many employers may be faced with the decision of making their employees redundant. If an employer wishes to make an employee redundant, then there are certain steps which need to be followed in line with the appropriate law set in place.

You must select employees for redundancy in a fair manner and not discriminate against any individuals or groups.
It is usually a good idea to apply a selection criteria, which may help you choose which employees to make redundant.

The following criteria can be used when selecting employees for redundancy:

• standard of work performance
• skills, qualifications or experience
• attendance record (do not include absence relating to disability or maternity) and disciplinary record

As an employer you should ensure that you make a fair decision and your decision should not be based on the following factors of the employees:

• disability, gender reassignment, age, religion or belief, race, sex, sexual orientation, marriage or civil partnership status
• pay and working hours
• the role of the employee
• trade union representative
• family related leave, such as paternity leave
• membership of a trade union
• pregnancy or maternity leave
• Employee work contract status

As an employer it is important that you discuss the business needs with your employees, as it will make them understand the future needs of the business. Given the Covid-19 pandemic, it is crucial for you to communicate with your employees if you intend to make them redundant. Try and explain to your employees the skills and experience needed for your business in the future.

In order to select employees in a fair manner, it is advisable that you try to score employees against the agreed selection criteria. This will help you avoid relying on one particular criterion and this in turn can lower the risk of discriminating against employees who are going to be made redundant.

It may be useful to know that when selecting employees, you should adopt an objective approach. You should try to discuss and explain to your employees how the selection process works. You may ask your employees to re-apply for their job role, in order to assist you in deciding. At all given times you should aim to be fair, when selecting employees for a job role.

When you follow the scoring criteria, you can decide how much you want to score each criteria. It is important that you provide written evidence to support how you have concluded such a score for a particular employee.

You may wish to alter the points you give to an employee for each criterion. By way of example, if it is agreed that an employee’s attendance record is less of a determining factor, then you may wish to allocate less points to this criterion. In turn, this creates an allowance which allows you to be more accommodating in how you score your employees.

When applying this selection criteria to the group of employees who face the potential risk of being made redundant, this is known as the pool of selection.

If your employees are selected for redundancy, then you will need to pay them in line with redundancy pay legislation.

Given the current Covid-19 pandemic and the struggle that many employers are facing, it is inevitable that there will be employees who will feel that they have been selected unjustly for redundancy. In order to avoid such a matter and preventing a claim escalating to the employment tribunal, you may wish to set up an appeal process for such employees.

If you would like to seek legal advice during this process or require independent legal advice in having Settlement Agreements signed, then please contact Nayyars Solicitors on 0161 225 1223.

Employment During COVID-19

There is a lot of confusion around working and pay during the coronavirus epidemic and lockdown. The pandemic is having a devastating effect on our economy and understandably people are worried about getting paid and/ or losing their jobs. To counter-act this and because the Government is aware that most of the population will suffer financially, if action is not taken, they have introduced emergency measures. These are aimed at helping both employers and employees get through this difficult time.

First and foremost, if you are not working due to sickness then your normal sick pay provisions will apply. Consult your contract of employment to see what your entitlement is. If you are not entitled to sick pay, then you will have to claim Statutory Sick Pay (SSP). This can now be paid from Day 1 of your sickness. When you are ready to work, you can be furloughed after this.

For anyone not able to work due to the coronavirus, the Government have set up The Coronavirus Retention Scheme. This is not meant for sick employees but for those who cannot work for example because their place of work has been shut down or there is not enough work for them to do. This would apply to shops, restaurants, gyms, drivers, offices etc.  The scheme is not for self employed people (there is a separate one for them). It is open to anyone who was employed on 28^th February 2020.  This includes if you are a casual worker, on a zero-hours contract or an agency worker. It is based on your previous pay.

The Scheme works like this: the employee does not go to work, and the employer carries on paying them. The employer can pay 80% of their regular wage to a maximum of £2,500. At a later date, the employer will be able to claim a grant from the HMRC to be paid back this salary, plus the associated Employer National Insurance Contributions and minimum automatic enrolment employer pension contributions.

The reclaim system is not yet open and will be via an online portal which will be set up in April.

The employer can if they choose, pay 100% of the salary effectively topping up any shortfall. However, the Government will only pay back 80%. Even if 80% of your normal pay is below minimum wage, the employer can still only pay you this. The reason this isn’t against the law is because the employee is not working.

First and foremost, there is the presumption an employer has the money to pay its employees. If an employer has cash flow issues, then they will not be able to do this. If this is the case, then they may have to consider terminating contracts with the resulting redundancy issues (I will do a separate blog on this). Sadly, for the employee they will no longer have a job. The employee will have to try to claim benefits – such as universal credit and/or contribution-based employment and support allowance (ESA).

The first step, employers should take when they decide to close their workplace is decide which employees (if not all of them) they intend to furlough. They should discuss this with their employees. They will need to check contracts of employments to see if there is provision to furlough employees. If there is not, then they can agree to vary the contract of employment with their employees. The employer should give the employee written confirmation of the fact that they are being furloughed with the date it starts and the terms on which it is happening.

An employee can be un-furloughed at the employer’s discretion. When Government ends the scheme, the employer will make a decision if you can return to duties or if they terminate the employment.

If you require legal advice on this complex area which is rapidly evolving, then give our Team a call today.