Can I Claim Compensation for Domestic Violence?

If you have suffered from domestic violence, it is important to know that compensation is available. While it may not be able to undo the past, it can go a long way to helping you make the most of the future.

Unfortunately, as with any compensation claim, the process is not always straightforward. That is why understanding how you can claim compensation for domestic violence is key.

What is Domestic Violence?

Domestic abuse comes in many forms and is not limited only to violence. Any behaviour that creates a pattern of incidents that are coercive, controlling, degrading or threatening is considered abusive. This could include:

• Violent or sexual behaviour;
• Coercive control, such as degrading or isolating behaviour;
• Emotional or psychologically abusive behaviour;
• Harassment or stalking in the real world or online;
• Financial abuse;
• Honour-based abuse;
• Forced marriage.

Coming to terms with what type of abuse an individual has suffered is one of the most difficult steps a person can take. With domestic abuse and violence coming in so many forms, it is natural for victims to experience confusion or doubt about whether they have experienced abuse.

In these cases, a good first step is to speak to a close friend about what you are experiencing. This can give you an outside perspective and shed light on whether the behaviour you have experienced is abusive. You can then consider pursuing a claim for compensation and, more importantly, take steps to leave the abusive environment.

There can also be confusion about who commits domestic violence. Typically, abuse is committed by a family member, partner or loved one, but it can also be inflicted by others, such as family friends or neighbours, especially if the abuse was carried out during childhood.

How Can You Claim Compensation?

Outside of compensation awarded as part of a criminal conviction, there are two primary ways you can make a claim for domestic violence.

Making a Civil Claim

The first of these is via claiming for damages in the civil court, through which you claim against the abuser themselves. Before taking this action, there are two important factors to consider:

• Firstly, are you comfortable with coming face to face with your abuser again? In civil litigation, it is possible that you may have to give evidence in court against your abuser. For many victims, this is not a step they are comfortable in taking.
• Secondly, you need to consider what your abuser could afford to pay. Winning a civil claim can give a huge amount of closure to an individual, but it can be frustrating if they cannot pay you the damages you are owed, as this can result in a drawn-out process of trying to recover your damages.

If you do want to pursue a civil claim against your abuser, then you should speak to an experienced solicitor as soon as possible. They will be able to give you an idea of your chances of success and provide further information on the next steps.

Making a CICA Claim

The other way you can claim compensation for domestic violence is through the Criminal Injuries Compensation Authority (CICA). This provides compensation for a range of criminal injuries, including domestic violence and abuse.

The major benefit of making a CICA claim is that whether your abuser has been convicted does not have an impact on the likelihood of you receiving compensation. It also means that you do not have to wait for the outcome of any criminal trial before you can launch your claim.

However, in order to make a CICA claim, you will need to meet some qualifying criteria, including:

• Reporting the incident to the police;
• Cooperating fully with the police;
• The incident happening in the last three years.

You will also need to show that none of your actions contributed to the violence.

Common Difficulties When Making a CICA Claim

Making a CICA claim is often the best option for victims of domestic violence, but unfortunately, the process is not straightforward. Some of the common difficulties that come up include:

• Claiming for Specific Incidents: When applying for compensation with CICA, you need to claim for specific incidents. Deciding what incidents you should claim for is not always clear.
• Proving You Are Blameless: In order to make a CICA claim, you need to show that your conduct did not contribute to the violence or abuse. Depending on the circumstances of the abuse, this is not always clear and obvious.
• Showing the Attacker Cannot Benefit: One of the things CICA takes into account is whether compensation could benefit the attacker. In cases of domestic violence, the abuse often has control of the finances, so CICA may opt to set up a trust for your compensation, rather than pay you directly.
• Reporting the Incident to the Police: CICA claims require you to have reported the incident to the police. In cases of domestic violence, this can be a significant step to take and not one that everyone is ready for. This can also make claims for historic abuse difficult.
• Gathering Evidence: CICA claims require you to provide extensive evidence as part of your application. This can be particularly difficult where abuse is not physical.

CICA claims can be complex at the best of times, but when it comes to domestic abuse, there are a number of factors that need to be taken into consideration. Therefore, if you are considering making a CICA claim for domestic abuse, ensure you speak to an experienced solicitor to learn more about your options and what to expect.

Is There a Time Limit for CICA Claims?

If you are considering making a CICA claim then acting quickly is imperative, as you must apply as soon as it is reasonably practicable for you to do so. For those who suffered domestic violence as an adult, this usually means within two years of the incident you are claiming for, unless:

• There were exceptional circumstances that meant the application could not be made earlier;
• The evidence provided with the application means it can be determined without further extensive enquiries by a claims officer.

If the incident took place before you turned 18 special provision is made. You should still apply as soon as possible, but if the incident was reported to the police before you turned 18, you have up until the day of your 20th birthday.

If the incident took place before you turned 18 but was not reported to the police, you have two years from the date you reported it to apply. Parents or guardians can also apply on behalf of people who are under 18, allowing the claim to be made nearer to the time of the incident.

Considering a Claim for Domestic Violence?

If you are thinking of pursuing compensation for domestic violence it is important that you speak to a solicitor as soon as possible. Due to the unique circumstances of domestic abuse, claiming compensation is often more complex than doing so for a different violent crime.

If you are planning a claim compensation, get in touch with Nayyars Solicitors to discover how our experienced team can help you.

How to Acquire UK Citizenship

Living in the UK brings a host of opportunities, but for those who travel here from overseas, the prospect of immigration controls can loom large. Luckily, there is a path to British citizenship that lets you live in the UK with the security that you are here to stay.

However, like any area of immigration law, the path to acquiring UK Citizenship is complex and even minor mistakes in the application process can lead to citizenship being rejected.

For this reason, applying for British citizenship should not be attempted without the advice of an experienced solicitor. However, before you start speaking to solicitors, it is important to understand how the process works yourself.

How to Acquire UK Citizenship

The paths to British citizenship are numerous and varied, so which one you take will depend on your own circumstances. While in some cases individuals can apply for British citizenship through ancestry, the vast majority of UK citizenships are awarded following the naturalisation process.

However, the process of naturalisation can vary depending on a number of factors, including age and country of origin. For example, the amount of time you need to have spent living in the UK varies depending on whether you are married to a British citizen.

In this article, we are going to take you through the naturalisation process. Before we do, though, it is important to point out that not all countries allow you to hold two nationalities. Therefore, before you apply for UK citizenship, ensure you understand what impact doing so will have on your current nationality.

Eligibility Criteria for Naturalisation

If you want to become a British citizen via the naturalisation process, you need to ensure you meet the eligibility criteria, which vary depending on whether you are married to a UK citizen and your age.

If You Are Not Married to a UK Citizen

If you are not married to a UK citizen and have travelled here on a visa or are from a European Economic Area (EEA) country, you can make an application for naturalisation as long as you meet the following requirements:

• You are over 18;
• You have held indefinite leave to remain (or permanent residence or settled status for EEA nationals) for the last 12 month;
• You have lived lawfully in the UK for at least five years*;
• You have not been absent from the UK in the five-year qualifying period for more than 450 days;
• You have not been absent from the UK in the last 12 months for more than 90 days;
• You are of good character, meaning you do not have a serious criminal record;
• You have satisfied the English language requirements and passed the “Life in the UK” test;
• You will continue to live in the UK once naturalised;
• You have not broken any immigration laws or conditions;
• You were physically in the UK exactly five years before the date your application reaches the Home Office.

*In reality, the minimum amount of time many people need to have lived in the UK is six years, since you need to live here for five years to obtain indefinite leave to remain. You then need to hold this for 12 months before you can apply for naturalisation.

If You Are Married to a UK Citizen

If you are married to a UK citizen, the eligibility criteria differ in the following ways:

• You must have lived in the UK for at least three years;
• On the date your application is received in the Home Office, you must have acquired indefinite leave to remain, permanent residence or settled status;
• You have not been absent from the UK in the three-year qualifying period for more than 270 days;
• You have not been absent from the UK in the last 12 months for more than 90 days;

Other than this difference in time, the same qualifying criteria apply whether you are married to a UK citizen or not.

If Your Child is Under 18

If you have a child who was born in the UK to parents who are not British citizens and do not have indefinite leave to remain, permanent residence or settled status, the child will not acquire UK citizenship by birth.

However, if one of the parents then obtains indefinite leave to remain, permanent residence or settled status, they can then submit an application.

If one of the parents has indefinite leave to remain, permanent residence or settled status the child will automatically acquire British citizenship by birth.

Common Eligibility Questions

While the eligibility criteria may seem straightforward, there are a number of elements that can potentially trip up your application. Below are some of the common questions we hear.

How Can I Satisfy English Language Requirements?

In order to satisfy the language requirement, you must prove that you can speak and understand English, whether spoken or written. Alternatively, this requirement can be met in Welsh or Scottish Gaelic, if you are applying in Wales or Scotland.

You can meet this requirement in one of the following ways:

• You are a national of a majority English speaking country;
• You have obtained a degree taught in English;
• You have an English qualification at B1, B2, C1 or C2 level.

In some cases, it may not be necessary for an individual to complete the language requirement. This is most commonly the case when someone is:

• Over 65;
• Unable to do so because of a long-term physical or mental condition (for which you need an exemption form from a doctor confirming your physical or mental condition).

What is the “Life in the UK” Test?

The “Life in the UK” test presents applicants with 24 questions about British traditions and customs. The test takes 45 minutes and is mandatory unless one of the following applies:

• The applicant is under 18;
• The applicant is 65 or over;
• The applicant has already passed it;
• The applicant has a long-term physical or mental condition (for which you need an exemption form or letter from a doctor confirming your physical or mental condition).

Applying for Naturalisation

Once you are confident you are eligible, you can complete your application. To do so, you will need to provide two referees, one of which can be a person of any nationality who has a professional setting (such as a civil servant or accountant). The other must normally hold a British passport and be either a professional person or over the age of 25.

When preparing your application there are a number of options, from submitting an individual application to applying through a National Checking Service (NCS). You can also apply through an agent or representative, meaning your solicitor can complete your application on your behalf.

Using a solicitor is almost always the best option for applying for naturalisation. Not only does it take the stress of filling in the paperwork off your shoulders, but by using a solicitor you can also confirm that you are actually eligible. This is important as the criteria for naturalisation can vary depending on where you are from.

Once your application has been submitted, you will need to supply biometric information such as fingerprints and a photo to the Home Office. Your application can then take up to six months to be determined, after which you will be contacted by UK Visas and Immigration with the result.

If your application is successful, you will then be invited to attend a Citizenship Ceremony, where you will take an Oath of Allegiance to the UK and be presented with your Certificate of British Citizenship.

How to Claim for Medical Negligence in the UK?

If you suspect the medical care you have received was negligent then you may want to make a claim for compensation. However, this can be a daunting proposition, especially when you consider the amount of legal process and jargon you will be exposed to.

In our experience, the success of most medical negligence claims is determined early. Accurately identifying how your care was negligent and gathering evidence to support this position is vital but to do this, you need to understand the claims process as a whole.

We are going to share how to make a claim for medical negligence in the UK here, but before we do, a word of warning. When it comes to pursuing a medical negligence claim, the process is not simple. We are going to highlight each step and what you can do yourself, but the claims process should be handled by an experienced solicitor.

Determining Your Claim

Perhaps one of the most common reasons for a medical negligence claim failing is because there was not a claim in the first place. That is why, before you invest your time and energy, you need to make sure your case was actually negligent.

Unlike a personal injury claim, where you simply need to show that someone else caused your injury, medical negligence claims have to prove that the care you received contained mistakes that a competent doctor would not have made. This is also known as ‘liability’ or a ‘breach of duty’.

Alongside this, you also need to show causation — that the treatment you received actually caused you harm. This may seem simple but, in fact, it is extremely complex, since you have to show that the harm was not a result of any underlying medical condition.

Proving both liability and causation is no simple task, then, and one of the reasons you should seek the help of an expert.

While you are determining the validity of your claim, you also need to ensure you know exactly who you are claiming against. In many cases, the defendant is not the person who provided you with the negligent care. An obvious example is in the NHS, where a doctor may be at fault, but you would claim against the NHS Trust.

Likewise, you will also need to give some thought to what damages you have incurred as a result of your care. When we talk about damages, we are referring to what your negligent care has cost you. Damages could anything from a loss of earnings to expenses for additional treatment or equipment.

Again, putting a number on what your care has cost you can be difficult, especially if you do not have a prognosis for how your resultant injury or condition will impact you in the future. However, it is important that you are as accurate as possible, as the last thing you want to do is claim for too little.

Using an Official Complaints Procedure

Once you are comfortable that you have been a victim of medical negligence, it is time to start the claims process. However, before we talk about that, let us take a moment to review another option you can pursue yourself.

In almost all cases, if you have received negligent care there is an official procedure for making an official complaint. While you do not have to make a complaint before launching legal action, it can be useful to do so if you are not exactly sure what happened and want more information.

Making a complaint should not be viewed as an alternative for making a legal claim for medical negligence. In fact, in most NHS cases, a complaint can be investigated while you pursue your claim. Only in rare cases could the two conflict, such as if a judge ruled that an investigation into your care by the NHS would interfere with your legal case.

Gathering Evidence

For the reasons already mentioned, gathering evidence is a huge part of claim success. It is not enough to simply show that you have been hurt while in the care of a medical professional. To prove negligence, you need to demonstrate that the actions (or lack of) taken would not have been done by a competent professional.

The collection of this evidence needs to be comprehensive, which can make the task time-consuming and complex. For that reason, evidence gathering is best conducted by a solicitor.

As a starting point, your solicitor will apply for your medical records. This will include the necessary treatment information, as well as any evidence of your condition before and after treatment, such as x-rays.

What other evidence is required will depend entirely on the specifics of your case. For example, if your care left you with visible bruises, documenting this with photographs is essential.

Likewise, if the negligence has left you unable to work or having to pay additional costs for ongoing treatment, your solicitor will work with you to identify exactly what damages you can claim for.

Speaking to a Medical Expert

One of the most important elements of the evidence gathering is seeking the advice of a medical expert. First and foremost, this is key to identifying the severity of the damage caused and how long it should be expected to last. Only with this information can you accurately calculate what your claim is worth.

Secondly, a medical expert will be able to give some insight into whether the care you received fell below the expected standards of a professional. Again, this is key to proving negligence took place.

Sending a Letter of Claim

Once you have substantiated your claim with the required evidence, it is time to bring it to the attention of the defendant. This is done by sending a letter of claim, which alleges the negligence. Alongside the allegation, the letter sets out key information, such as the legal basis and the amount of damages you are claiming.

Once the defendant receives the letter, they then have 14 days to reply, and a further four months to provide a detailed response. Their response will come in one of the following ways:

• A full denial of the claim
• A denial of part of the claim
• An offer to settle, either with or without admitting negligence

If the claim is denied then your solicitor may choose to gather further evidence in preparation for the potential that the case may need to be decided in court.

Negotiating a Settlement

While your case going to court is always a possibility, the good news is that it rarely becomes an eventuality. It is almost always more advantageous for both parties to settle the claim out of court, so this is what your solicitor will aim to do.

If your claim is against the NHS, then the chances of successfully agreeing a settlement are high. If you make a claim against the NHS they are usually represented by the NHS Litigation Authority. Of the cases they handle, fewer than 2% reach court. The rest are either settled or dropped.

Issuing Court Proceedings

If your case cannot be settled, then the next step is for your solicitor to issue court proceedings.

Doing so requires submitting paperwork to the court, along with providing copies of evidence, such as expert opinions and information about loss of earnings now and in the future. The defendant will then file their defence to the claim with the court.

The value and complexity of the claim will determine where your case is heard, with lower value claims typically heard in the County Court and higher value claims heard in the High Court.

Court dates will then be set in which your solicitor can put your claim before a judge. The judge will then write to both parties to inform you whether your claim was successful and the amount of compensation you will be awarded.

Finally, issuing proceedings is not a guarantee that your case will go to court. The gears in court move slowly, so during this time there is still the chance that your claim can be settled.

How Long Do You Have to Claim?

If you think you have suffered medical negligence then it is important to act quickly as you only have three years from the date of realising your care is negligent. For children, they have until their 21st birthday, and if someone dies as a result of medical negligence, their family has three years from the date of the death to pursue a claim.

While three years may seem like a long time, it is not when you consider the volume of information and evidence that needs to be gathered. Therefore, it is important to speak to a solicitor as early as possible so you can start building a strong claim from day one.

So, if you think you may have a claim for medical negligence, get in touch with the team at Nayyars Solicitors to find out how we can help you on a no-win-no-fee basis.

Can You Get Compensation for Being Attacked?

If you have been the victim of violence it can be devastating. Most people do not realise but they can claim compensation for being attacked.

The Criminal Injuries Compensation Authority (CICA) is a government body who run a compensation scheme for injuries caused to victims of violent crime in England, Scotland and Wales. The scheme was first introduced in 1964. CICA awards are best described as a token or gesture of regret at what has happened to the applicant. We often explain to our clients that the payment is not coming from the person who attacked them but from a Government body and it is similar to a charitable payment. Unfortunately, it is not always a large amount and will never compensate them enough for the injury they have sustained.

These are a few things you may want to consider if you are making a CICA claim:

• Ensure the police have a statement from yourself. The CICA must have a police report to show you cooperated with the police. If you have not made a statement, the CICA can say you have not cooperated with the police and are not eligible for compensation. The CICA are usually very strict on this.
• The CICA require the claim to be submitted within two years of the incident date. Many victims do not know of the 2 year rule. We always advise that you contact us as soon as you are attacked. We can then protect your position by lodging the claim straight away. You may be able to claim after two years if you are claiming because of childhood sexual or physical abuse or you can prove you could not claim earlier, for example because your mental or physical health stopped you or the crime happened on or after 1 August 1964.
• Check the injuries you wish to claim for are covered by the CICA. Examples of what CICA do not pay for is anxiety, black eyes and scarring covered by hair. The CICA do take a long time to consider the claim, so it is best to check they will pay for your injury before submitting a claim. We will normally advise you of this when we take on your case.
• You have to have seen a Psychiatrist or Psychologist before the CICA pay out for mental injury. If you are suffering from anxiety, flashbacks, nightmares or panic attacks, you will only receive compensation for these injuries if they are clinically diagnosed. They will not pay out if the injury is only confirmed by a Doctor or a Counsellor.

Nayyars are experts in making Criminal Injury Compensation Authority claims. We can take the hassle and stress out of claiming the compensation for you.

If you are looking to make a CICA claim get in contact with us on 0161 491 8520.

Are You Unhappy with Your Solicitor?

We are constantly approached by clients who are not happy with the service they are being provided with by their solicitor. We are happy to have a quick chat with you to see what the issues may be. However, after that normally a decision needs to be made by the client whether they should stay with their existing solicitor or transfer the case to us. It is unfair to the existing solicitor for us to continue advising without their knowledge. Also, we need to have a full copy of the file before we can advise properly.

The success of your injury or medical negligence claim can be dependent on your choice of solicitor. Most clients only realise midway through the claim that things are not right and this starts to worry them. you need to have complete confidence in your solicitor and know that he/she will get you the result you deserve.

You are entitled to change your solicitor throughout your claim for many different reasons. Common reasons can include having your case run by someone who is not qualified enough to deal with it or a breakdown in the relationship between you and your legal team.

If you are sure a change is necessary, it is often better to change your solicitors as early into your case as possible. It can be very difficult for the new solicitor to undo the work that has been done. If your case has been presented a certain way then changing it and effectively backtracking can be very hard.

We will always give you quick and easy advice based on what you tell us.

Changing your solicitor is your right. If you are not happy then give us a call.

We regularly have cases transferred to us, and commonly take over claims started by other firms.

If you are unhappy with your current solicitors, contact us on 0161 491 8520.

Are You Eligible for an EEA Family Permit Visa?

One of the advantages of the European Union is the freedom of movement across member states, allowing millions of people to follow their passions or careers across borders.

This is great for European Economic Area (EEA) nationals, but what about non-EEA family members who want to travel to the UK? The qualifying process for UK visas is well-known for being strict and complex, but is there a simpler way?

Luckily, the non-EEA family members of EEA nationals can avoid much of the hassle that normally comes with travelling to the UK by using an EEA Family Permit.

In this article, we are going to look at this permit in more detail and cover exactly what it is and how you can apply for one.

What is an EEA Family Permit?

While not technically a visa, an EEA Family Permit allows non-EEA nationals to travel the UK either with an EEA national or to join one. Once issued, the permit is valid for six months but unlike most visas, it does not come with a host of restrictions.

Most notably, the permit allows you to leave and return to the UK as often as you like. This is perfect if you have other family abroad that you want to stay in touch with.

At the end of the six month period, you may be eligible to apply for an EEA Residence Card. This will allow you to extend your stay in the UK to five years.

Are You Eligible?

In order to apply for an EEA Family Permit, you first have to confirm that you are eligible to do so. However, before we look at whether you are eligible, we first have to consider the EEA national you will be joining.

In order for you to secure a permit, your EEA national must be exercising an EEA Treaty Right. That means they must be either working (whether through employment or self-employment), be seeking work, studying, or be ‘economically self-sufficient’. This is what allows them to stay in the UK for more than three months.

Once an EEA national is exercising their Treaty Rights, the question becomes whether you can qualify for a permit. To do so, you need to show UK Visas and Immigration that:

• You are a citizen from a country outside the EEA.
• Your family member is an EEA national (but not British).
• You are related to the EEA national in one of these ways:
  • You are a family member, such as a wife, husband, civil partner, parent, grandparent, child or grandchild (up to the age of 21).
  • You are an extended family member, such as an unmarried partner, sibling, uncle, aunt or cousin.
  • You are a carer for an EEA national.
• You are travelling with your EEA national family member or they are already living in the UK and exercising their Treaty Rights.

As you can probably tell, the qualifying criteria for an EEA Family Permit is broad. However, the Treaty Rights your EEA national exercises and how you relate to them will impact the Permit’s application process.

For example, students are only allowed to be accompanied by their partner and/or children. Likewise, unmarried partners need to show they have a “durable relationship”, which can be done by showing that you have lived together for at least two years.

So, while applying for an EEA Family Permit does not come with the same arduous requirements as a typical visa, such as showing the correct minimum income, it is still not straightforward.

Therefore, if you are considering applying for an EEA Family Permit, you should seek the help of a professional immigration solicitor.

How to Apply for an EEA Family Permit

Before we discuss how to apply for an EEA Family Permit, you should know that acquiring one is not strictly necessary. In theory, you can enter the UK as a family member of an EEA national but this comes with a host of risks.

Firstly, you will still need to prove that you are eligible, which means satisfying an immigration officer that you have the right to enter the UK at the border. This presents a huge risk, as if you do not have the correct evidence, you are likely to be refused entry.

Secondly, you may find that you cannot reach the UK border at all. Airlines can be fined for carrying passengers that require a visa but do not have one. Therefore, they may be hesitant about allowing you to board if you do not have an EEA Family Permit. So, if you are planning to travel to the UK with or to meet an EEA national, ensure you secure your permit ahead of travel.

When it comes to actually obtaining your Permit, you will need to do so from outside the UK. This can be done online or at most UK embassies or consulates.

Like other UK visa applications, applying for an EEA Family Permit can be complex, as you will need to provide evidence. This will include obvious documentation such as your passport, but may also require less obvious documentation.

Unfortunately, the application process does not tell you exactly what you need to submit in terms of evidence, meaning that many EEA Family Permits are refused. To avoid this, you should always consider speaking to an experienced immigration solicitor who can help.

What if Your EEA Family Permit is Refused?

Since the announcement of Brexit, the number of EEA Family Permits being refused has increased. The reasons for refusal are many but most commonly it comes down to one of the following:

• Not enough evidence is provided to show you are a family member of an EEA national.
• Not enough evidence is provided to show that the EEA national is exercising their treaty rights.
• UK Visas and Immigration suspect you are party to a marriage of convenience.

If you have had your Permit refused, it is important to act quickly. If you want to appeal the decision, you only have 28 days from the date you receive the refusal to do so.

Alternatively, you can simply go back to the beginning and apply for an EEA Family Permit again. With any luck, you should have an idea of why it was refused previously and can make the necessary amends.

Whatever path you choose to go down, it is always wise to seek the help of a solicitor following a refusal, as it is more important than ever to ensure your application is successful.

How Can Nayyars Solicitors Help?

Whether you are planning a trip to the UK or want to relocate here permanently, the last thing you want is immigration delays.

Our immigration solicitors have helped a host of clients come to the UK easily, so if you require expert advice on EEA regulations or applying for EEA immigration documents, we are here to help you.

Get in touch today to begin your application for an EEA Family Permit, an EEA Residence Card, or permanent residence in the UK.

Drink Driving

Sadly, a large number of people are killed or injured each year by drink drivers. We all know that the results of driving while having consumed alcohol is illegal and dangerous but what are the exact rules?

There are strict alcohol limits for drivers, but it’s impossible to say exactly how many drinks this equals – it can be different for each person.

In England and Wales, the alcohol limit for drivers is 80 milligrams of alcohol per 100 millilitres of blood, 35 micrograms per 100 millilitres of breath or 107 milligrams per 100 millilitres of urine. In most other European countries, the limit is less, usually 50 milligrams per 100 millilitres of blood.

The way alcohol affects you depends on:

• your weight, age, sex and metabolism (the rate your body uses energy)
• the type and amount of alcohol you’re drinking
• what you’ve eaten recently
• your stress levels at the time

The safest way to avoid not breaking the law is to simply not drink and drive.

There are many different penalties for drink driving.

Being in charge of a vehicle while above the legal limit or unfit through drink.

You may get:

• 3 months’ imprisonment
• up to £2,500 fine
• a possible driving ban

Driving or attempting to drive while above the legal limit or unfit through drink

You may get:

• 6 months’ imprisonment
• an unlimited fine
• a driving ban for at least 1 year (3 years if convicted twice in 10 years)

Refusing to provide a specimen of breath, blood or urine for analysis

You may get:

• 6 months’ imprisonment
• an unlimited fine
• a ban from driving for at least 1 year

Causing death by careless driving when under the influence of drink

You may get:

• 14 years’ imprisonment
• an unlimited fine
• a ban from driving for at least 2 years
• an extended driving test before your licence is returned

Do not risk it. Leave your car at home.

If you have been involved in an accident with a drink driver, contact our office on 0161 491 8520.

Can You Claim Compensation for Being Attacked?

If you have been attacked then you may be able to claim compensation for the damage and stress caused. This can be an important step in moving past the event and continuing with your life as before.

However, when it comes to what you can claim for and who you can claim from, the options are not always clear. That is why we have collated details of the choices you have when it comes to claiming compensation after being attacked.

Before we look at your options, though, it is important to note that the specifics of your attack will have great bearing on how you should attempt to claim compensation. For that reason, if you have been attacked and think you may be owed compensation ensure you speak to a solicitor as soon as possible.

So, what are your options?

Court-Awarded Compensation

If you have been attacked your first step should be to contact the police. This could result in the identification of your attacker and their subsequent prosecution.

Where someone is convicted of a crime against you, the court can order them to pay compensation to you. This could be for:

• Personal injury
• Losses from theft
• Losses from damage to property
• Losses from fraud
• Being unable to work
• Medical Expenses
• Other expenses, such as travel or equipment, as a result of the crime
• Ongoing pain and suffering

However, there is no guarantee that the court will order compensation. Therefore, you should ensure that you tell the police that you want the court to consider ordering compensation. They can then pass the message onto the Crown Prosecution Service, who can make the request.

If you are awarded compensation, you should not expect to receive it all straight away. Defendants usually have the option to pay in instalments, which goes to the court. The court then passes the compensation on to you.

Compensation is also usually influenced by what the defendant can actually afford to pay. That way, the court does not have to chase money that the defendant will never be able to pay. As a result, you may find compensation does not cover the cost of your damages. If this is the case, you should speak to a solicitor about what other options you have.

Civil Claims for Assault

If you know the name of the defendant who attacked you it may be possible to bring a civil claim against them directly or, in some cases, their employer.

Whether you are able to bring a claim against them will depend on a couple of factors. Firstly, does the defendant have enough assets to pay you compensation if your claim is successful? As hard as it may be to hear, if your attacker does not have enough assets, then pursuing a civil claim may not be worthwhile, as they will not be able to pay.

Secondly, was the attacker acting in the course of his employment? If so, then you may be able to bring a claim against the employer or the employer’s insurance. A good example would be if you were attacked by a bouncer at a club while on a night out.

If you can make a civil claim then it may be a good option, as you are likely to receive a larger amount of compensation. Of course, as with any civil case, you are likely to incur large legal costs and while you may not have to pay these if you win, there is always the risk that you will lose.

When pursuing a civil case, the most difficult element is demonstrating the losses you have incurred. In other words, what has the attack cost you? Therefore, if you are considering a civil claim, it is imperative that you start gathering evidence of your damages. That means keeping hold of receipts for costs you have incurred, such as medical expenses.

Criminal Injuries Compensation Authority

One of the best avenues for claiming compensation after being attacked is via the Criminal Injuries Compensation Authority (CICA). The great advantage of CICA is that your attacker does not need to have been convicted in order to claim. In fact, you do not even need to know who your attacker is.

Instead, you only need to ensure you are eligible to make a claim. This eligibility criteria requires one or more of the following to apply to your case:

• You were the direct victim of a violent crime
• You were injured while taking an exceptional and justified risk
• You witnessed or was present at the immediate aftermath of an incident that occurred to someone else
• You suffered bereavement as a result of a crime of violence
• The incident occurred in England, Wales, Scotland, or another ‘relevant place’

Furthermore, you will need to have reported the attack to the police and cooperated with them in their investigation. Finally, in order to make a CICA claim, you need to have not behaved in a way that contributed to the attack, and therefore, your injuries.

Like a civil case, you will also need to provide extensive evidence as to the extent of your injuries. CICA will not gather this information for you, so the burden to prove the damages you have incurred rests on your shoulders.

This can be a time-consuming and complex process, which is perhaps one of the reasons many people elect to use a specialist solicitor to take their claim forward on their behalf. If your claim is successful, you can expect to receive anything from £1,000 to £500,000, depending on the extent of your injuries.

However, one of the drawbacks of a CICA claim is the time limit. Unlike a civil case, you need to make a CICA claim within two years from your attack. While this may seem like a long time, it is not when you consider the amount of evidence that needs to be gathered.

Think You are Owed Compensation?

When it comes to the question of whether you can claim compensation for being attacked, the answer is yes. Whether it is awarded as a result of a criminal conviction, civil claim or CICA claim, you can recover your losses.

Of course, the best option for you will depend on the facts of your case. That is why, if you think you are owed compensation, you should speak to an expert solicitor as soon as possible.

At Nayyars Solicitors, we have helped countless victims of assault or other crimes receive the compensation they are owed. Get in touch today to learn more about how you can receive compensation and how we can help.

Accidents Caused by a Medical Condition

Although many conventionally associate intoxication with vehicle accidents, in some cases, vehicle accidents are caused by drivers who are suffering from a pre-existing medical condition. Health conditions that may make it unsafe for a person to operate a vehicle include:

• Heart disease
• Poor eyesight
• Diabetes
• Seizure disorders

Although the DVLA (Driver and Vehicle Licensing Agency) requires motorists to inform it if they suffer from any of the medical conditions on its notifiable conditions list, it is estimated that millions of drivers are on the road with conditions they should, but haven’t, told the DVLA about. Are you worried that you could be one of them?

If you do not tell the DVLA about a medical condition which could affect your ability to drive, you could encounter a £1,000 fine. Some of these medical conditions include cancer, labyrinthitis, eating disorders, mental illness and severe arthritis. Additionally, if you are involved in an accident because of your condition you could also face prosecution.

Contrary to popular belief, if a person has a sudden heart attack whilst driving a car and causes an accident resulting in death for injury to others there may not be any claim for compensation. The legal defence of automatism is most commonly used in road traffic accident cases where a person experiences a complete loss of control through no loss of their own. Some examples of what may invoke automatism defence include a stroke, an epileptic fit and a hypoglycaemic attack.

Nevertheless, if you’re involved in a car accident an immediate priority is to receive a medical check-up and treatment where necessary. If you contact Nayyars we can help guide you in this area.

Faaria Basharat

Are the Reasons for Divorce Made Public?

When it comes to divorce, one of the most common questions we hear is “will the reasons for my divorce be made public?” This makes sense, as very few people want the details of why their marriage break down to become local gossip.

In fact, the fear of word getting out is often enough to keep unhappy marriages together far longer than they should be, resulting in lost time for both parties.

So, if you are considering divorce, it is important to know exactly what will be made public and what will not. Before we answer the question of what details will be made public, though, let us explore what details you have to give in the first place.

The Current State of Play: Grounds for Divorce

One of the anxieties of getting divorced is the idea that you are going to have to share pages and pages of details about the highs and lows of your marriage. What if these details are then available online or get left on a train by a Court official?

Well, the good news is this will not happen. Applying for divorce does not require you to describe every difficulty your marriage has encountered. Instead, you will only need to provide a few pertinent facts about whatever reasons you give for wanting a divorce.

Before we get ahead of ourselves, though, let us take a look at the five reasons — also known as facts — that a divorce may be granted. These are:

1. Adultery
2. Unreasonable behaviour
3. Desertion
4. Separated for two years
5. Separated for five years

The most commonly used of these grounds for divorce is unreasonable behaviour. When using this reason, applicants must show that one of the parties has caused the marriage to breakdown to the point where it is irretrievable. The reasons for this can range from the mild, such as being antisocial, to the extreme, such as drug use.

While the prospect of explaining unreasonable behaviour can feel daunting, the Court does not demand a huge amount of information. Often you will only be required to provide the Court with four or five paragraphs of explanations as part of your divorce application.

These do need to include specifics that relate to your personal circumstances but you should not feel like you have to give a full history of your marriage. Plus, if both parties agree on the divorce, it is unlikely that the Court will scrutinise the reasons you give since it would be futile to try and keep two people together when they do not want to be.

Of course, how much information you need to provide will depend on which of the five grounds for divorce you use and the specifics of your case. Therefore, you should always consult a solicitor for advice specific to you.

Are the Reasons for Divorce Made Public?

So, when it comes to applying for a divorce, you do not need to air as much of your dirty laundry as may have thought but what about the details you do include? Will they be made public?

Fortunately,  divorce in the UK has a history of being a private affair. In fact, before 1858, the only way to get a divorce was by a Private Act of Parliament.

While this is no longer the case, the appreciation of privacy in divorce has continued. As such, the reasons for divorce are not made public.

What is almost always publically available is the fact that you have actually been divorced. The decree absolute (commonly thought of as a divorce certificate) can be obtained by anyone, as with marriage or birth certificates.

The question, then, is does the decree absolute contain any sensitive information that you do not want to be made public? Again, the good news is that the reason for divorce is not listed on the decree absolute.

The only specific details that decree does include is the name of the petitioner (applicant) and respondent, along with the date on which the decree was issued. All the other information you provided will be held in a Court file, which is only accessible by you, your ex-partner or either party’s legal representatives.

That means that only you, your ex-partner and any legal representatives will ever know the reasons for your divorce.

What about Court Hearings?

In some cases, particularly if your divorce is defended, you may need to attend one or more Court hearings. At these, you may be required to give further reasons for why you want the divorce.

Family Court proceedings have traditionally been held behind closed doors. That means you should not expect to see your neighbours when you step into the Courtroom. In fact, it means that unless both parties and the Judge are happy with it, no one outside those directly involved in the case is allowed in the room, which includes friends and family.

However, recent changes to the law now mean that divorce proceedings are now open to the media. This can be a worrying prospect but the reality is that divorces rarely attract the attention of the media, save for those of celebrities and restrictions are placed on what can be reported.

If you think media focus is a real possibility, though, you should speak to a solicitor, as an application can be made to the Court to exclude the media, if necessary.

Finally, both you and your ex-partner are required by the Court to keep all information provided within proceedings completely confidential. If this information is shared publicly, then this could be viewed as contempt of court and the offending party could face serious consequences.

So, it does not suit anyone to publicise the reasons for your divorce but, if you are concerned that your ex-partner may break their confidentiality, you should speak to a solicitor as soon as possible.

Should You Wait to Start Divorce Proceedings?

If you are considering a divorce, the fear that your reasons may be made public should not hold you back. The law and the Courts appreciate that your divorce is a private matter, which is why the details you provide will not be made public.

In the event that divorce may be on the horizon, it is important to appreciate that there is a time limit on when you need to make your application by, depending on the grounds you use.

For unreasonable behaviour, you must petition the Court for divorce within six months from the last incident of unreasonable behaviour, providing you are still living together.

Whatever the reason, once you have made your decision, it is wise not to waste time and speak to a solicitor as soon as possible. So, if divorce is the next step for you, speak to Nayyars Solicitors about how we can help you make the process as simple as possible.