Richard Kerry

Unfortunately, many families find themselves at the centre of a dispute when they feel that the contents of a loved one’s will does not reflect their true intentions. This is the situation that Beverley Neate has now found herself in, after finding...

LEESON & ANOR V MCPHEARSON It is not often that in order to decide a civil case, the courts must consider whether a crime had taken place. However, in the recent case of Leeson & Anor v McPherson , the Honourable Mr Justice Richard Smith...

Can I sell goods in my possession which belong to someone who owes me money? I recently had a query from the owner of a haulage business which had a customer that owed them over £10,000 in total, from a number of previous jobs. They were about to...

EMMA COULSON -v- RONALD IVOR JAMES PAUL A recent case heard in the High Court involved an inheritance dispute where the claimant, Ms Coulson, sought to inherit her biological grandfather's estate, despite having been adopted. However, the claim was...

In 2015, former pop star Gary Glitter made headlines when he was jailed for attempted rape, four counts of indecent assault and one count of sex with a minor. Despite being released after serving only half of his 16-year jail term, Glitter breached his...

The most common method of leaving loved ones a gift after your death is by stating this intention in a valid Will. However, in a recent case heard in the High Court in May 2024, it was decided that a gift made in contemplation of death was valid, regardless...

During the COVID-19 pandemic, many chose to spend their time during lockdown trying to raise money for a good cause. One of the most admired fundraisers was Sir Tom Moore, a 99-year-old war veteran who set out to walk 100 laps of his garden in the run up to...

In recent years there has been increased encouragement from the courts for parties to engage in Alternative Dispute Resolution ( “ADR” ) before issuing a claim, with the intention of reaching some form of settlement. If a party refuses to engage...

In 2019, a controversial bill known as the Renters (Reform) Bill ( “RRB” ) was proposed by the Conservative Party under then Prime Minister, Teresa May. The purpose of this proposed legislation was to reform the private rented sector and...

Since 2013 financial advisers have been required to provide annual advice and review updates to their clients on the products they have recommended. Those products can include pensions, ISA’s or managed funds. The financial advisers charge for this...

Bell Lax has recently placed 5 th in the Feedspot Top 10 Birmingham Law Blogs. https://blog.feedspot.com/birmingham_law_blogs/ There are thousands of legal blogs on the web, so it is really inspiring to know that a relatively small firm like Bell Lax...

I was recently instructed by a client in relation to a claim under the Inheritance (Provision for Family and Dependents) Act 1975 (the “Inheritance Act”), that was being brought against his late wife’s estate by his stepdaughter. After our...

Liz Tolmie and I have recently successfully acted in a breach of contract and breach of fiduciary duty claim on behalf of our client against one of its former employees. Our client is a company specialising in providing financial advice to British...

I often introduce Bell Lax Solicitors as firm which specialises in any kind of civil or commercial dispute which could end up in court. However, one area of work which we specialise in, but is hopefully not the result of a dispute, is the...

Under the Inheritance (Provision for Family and Dependants) Act 1975, or the “75 Act”, certain categories of people can bring a claim against the estate if they consider that “reasonable financial provision” has not been made for them...

Many people are familiar with the word “mediation”, but only a few have actually participated in one. This blog answers some of the most frequently asked questions about mediation and explains why it is such an important tool when resolving...

Hundreds of Walsall Manor patients recalled Following an audit conducted in February 2020, concerns were raised that operations performed by surgeon Mian Munawar Shah had a ‘higher complication rate than usual’. The...

The legal doctrine of passing off is based on the principle that “No one is to sell their own goods under the pretence that they are the goods of another”. Zara v House of Zana Retail giant Zara recently launched legal action against an...

Often, a winding up petition is a company’s worst nightmare. If your company receives a winding up petition we have created some useful guidance for you to consider. First, what is a winding up petition? A winding up petition is often the first...

The government is proposing legislation that will bring no-fault evictions to an end. The end of no-fault evictions – which is currently the biggest single cause of homelessness in England will have an extensive impact on the housing market as 13...

Important lessons we can learn from the Wagatha Christie trial. Whilst social media has many benefits, we all too often forget about the problems that can arise. What is the ‘Wagatha Christie’ trial? ...

On 19 April 2022, the Ministry of Justice, (MoJ) announced that decisions from the Supreme Court, Court of Appeal and High Court will be made freely available on ‘The National Archives Find Case Law’ site which can be accessed at: ...

On 7 April 2022, a paramedic for the London Ambulance Service's motorcycle response unit was involved in a five-vehicle crash while undertaking a training course with the North Wales Police driver training unit. He was rushed to hospital but died of a...

As of 29 January 2022, the Highway Code has changed to include a new hierarchy for road users. The aim is to try to improve road safety for the more vulnerable road users, and hopefully protect those more physically at risk should a collision occur. One...

In 2018, 2 young women tragically died within weeks of giving birth having contracted a “rare” strain of herpes. The source of the infections is now suspected to have been the surgeon who performed caesarean sections for both of the women. ...

Q. What is a No Win No Fee agreement? A no win no fee agreement (also known as a conditional fee agreement), means that if you are unsuccessful in your claim, you will not have to pay us for our work. Q. What will I have to pay if I do...

In recent weeks, there has been reports and warnings of lengthy wait times for ambulances across England. Additionally, nearly one in four patients arriving at hospitals by ambulance in the first week of 2022 waited at least 30 minutes to be handed over to...

A High Court judge has recently dismissed a claim for compensation, following a data protection breach describing the breach as “trivial” Delivering judgment in Rolfe and others v Veale Wasbrough Vizards, Master McCloud confirmed that for...

Our Legal Director, Richard Kerry talks about how the pandemic has impacted the legal profession, but how it has also led to technology being more positively embraced by the courts and improving productivity in the industry. As well as hearing more about...

On Friday 10 September, I had the pleasure of attending the Birmingham Medico-Legal Society (‘BMLS’) annual dinner with my colleague, Saira Walji, at the Edgbaston Golf Club. We were grateful to be invited as guests of St Philips Chambers, whom...

After 27 years of marriage, Bill and Melinda Gates have announced they’ve filed for divorce, saying “we no longer believe we can grow together as a couple”….“After a great deal of thought and a lot of work on our relationship,...

You have won your case and now have judgment, but the debtor won’t pay. Traditionally, you would probably consider instructing bailiffs. However, the ongoing coronavirus pandemic means bailiffs are currently suspended until at least 31 May 2021. As...

You have won your case and now have judgment, but the debtor won’t pay. Traditionally, you would probably consider instructing bailiffs. However, the ongoing coronavirus pandemic means bailiffs are currently suspended until at least 31 May 2021. As...

My ex-partner has stopped me seeing my children, are they allowed to do that? Without a Court Order, your ex-partner can stop you from seeing your children whether you have parental responsibility or not. But we can help you. To ensure you have...

How much does a divorce cost? This really depends on the complexity of your situation. Simple divorces can take a matter of months and cost a few hundred pounds. Complex divorces can last several years and cost more as a result. But regardless of your...

Question Can i get divorced without sorting out the money? Answer It is possible to get a divorce (or civil partnership dissolution) without dealing with any financial issues arising from the separation. For example, the court could end your...

Due to the extended notice periods required for possession as a result of the ongoing coronavirus pandemic, many landlords are seeking to evict tenants on alternative grounds, such as nuisance, to enable them to obtain possession of their properties sooner. ...

Unmarried cohabiting families are the fastest growing type of family in the UK. It’s a common misconception that when you live together with your partner, you have the same rights as if you were married. However, your legal rights are completely...

The Courts expects parties to a dispute to follow a “pre-action protocol” before court proceedings are commenced. A Letter Before Action (sometimes called a ‘Letter Before Claim’ or ‘Letter of Claim’) is often the...

There have been calls for an independent inquiry into the conduct of Mr Derek McMinn a well-known pioneering hip surgeon who practiced at the BMI Edgbaston Hospital. Shockingly, Mr McMinn, who famously operated on sportsman Andy Murray, is alleged to have...

As we approach the end of what has been a truly eventful year, most of us are hoping the Government will relax lockdown rules so we can spend Christmas with family and friends. Time with loved ones has never felt so important, but for separated...

A recent episode of Rip Off Britain featured the nightmarish story of thirteen families who have recently discovered their new-build homes are virtually worthless . The estate in question was built next to an old landfill site that has been inactive for 40...

The number of couples getting divorced in England and Wales has surged by almost a fifth in 2019 to the highest level, the latest statistics reveal. The figures seem likely to increase again in 2021, with the Coronavirus Pandemic creating an enormous strain...

NB: You can read our previous Legal Brief on the impact of COVID-19 on residential possession claims here . Coronavirus has put pressure on commercial tenants and landlords alike. Businesses which may have had to close are asking whether they still...

Here at Bell Lax Solicitors, we have experience of assisting our clients in a range of different commercial disputes. Often such disputes are best dealt with by bringing the parties together, and seeing whether common ground can be found and a mutually...

Possession proceedings have been stayed since March to protect tenants during the COVID-19 pandemic. This stay was due to lift on 23 August 2020. Provided landlords filed a reactivation notice compliant with the Civil Procedure Rules, their claims would...

If you have read the news lately you will have been inundated with articles about the ongoing pandemic. One especially sad story is that of Beth Pattison, a mum from County Durham, whose cancer was missed as suspected coronavirus. Beth had recovered from...

Whilst the government stated that construction sites were permitted to remain open during lockdown, activity in the construction sector plummeted by almost a third in April compared to April 2019 due to confusion as to the application of Government guidance,...

An injunction is an equitable remedy in the form of a Court order which either; Prohibits a person from taking a particular action (a “Prohibitory Injunction”); or Requires a person to take a particular...

NB: This is an update following our article of 9 April 2020, which can be found here . Although the lockdown has eased and many people have returned to work and restaurants will shortly be opening, the law on evicting tenants is far from back to normal....

The Coronavirus Act 2020, which came into force on 25 March 2020, offers limited protection to tenants, by extending the required notice period for eviction notices to three months. In and of itself, this would have left many tenants in a vulnerable...

Here at Bell Lax, we understand that the current measures that have been imposed by the government, have left many parents unsure where they stand with their current Child Arrangements Order and Agreed Contact Schedules. Michale Gove has today clarified...

There has been many recent news articles regarding defects in new build homes. I personally have lost count of the number of calls from disgruntled purchasers: “My new build home is falling apart and the developer isn’t doing...

News released today by the Ministry of Justice means that cameras will be allowed to broadcast the sentencing remarks of Senior Judges in some high-profile criminal cases, including those at the Old Bailey. The entire trials will not be televised, as they...

We recently received an enquiry from a lady whose adult daughter wanted to be adopted by her step-father. This reminded me of a story from a couple of years ago which got some press attention. Nathan Sparling, a 27 year old, wanted a reform of Scottish...

The recent High Court case of Winter v Cutler caught my eye, not simply because the property at the centre of the dispute is on the road where I grew up, but because it is one of the best examples I have ever seen of why litigation should almost always be...

I am Bell Lax’s newest qualified solicitor, having officially completed my training contract on 31 st May 2019. Below is a picture of me celebrating F1-style! Firstly, a big thank you to all of those who have been involved in my training to date. You...

The new Online Civil Claims Service was launched in March 2018 and allows individuals and businesses to bring legal claims up to £10,000 in value, resolve disputes out of court and access mediation. The service can be used by anyone across England and...

It has long been established that solicitors owe their clients a duty of care, especially when it comes to protecting their clients’ money. For most individuals and many companies the single biggest financial transaction they will ever be...

Could you jokingly agree to a million pound deal whilst enjoying a pint with your friends, only to find that a binding contract was formed? The outcome of the recent case involving billionaire Mike Ashley, the owner of Newcastle United and founder of Sports...

Legal Update: The Pre-Action Protocol for Debt Claims The new Pre-Action Protocol for Debt Claims (“ the Debt PAP ”) will come into force from 1 October 2017. As a specialist dispute resolution firm, Bell Lax is able to provide the most up to...

Enforcing decisions of the Financial Ombudsman After a stressful few months complaining to the Financial Ombudsman Service (FOS), you now have a final decision in your favour. You want to celebrate, only to discover the respondent is refusing to pay...

As all employers should know by now, legislation requires every employer to automatically enrol workers into a workplace pension scheme if those workers: are aged between 22 and State Pension age; earn more than...

We all look forward to going on holiday. We expect the experience to match that advertised in the brochures and it is very upsetting when the holiday falls short of these standards. This is even more so when the holiday is ruined by the illness of one or...

Bell Lax's Legal Director, Richard Kerry, has presented the Bell Lax Litigation Award to Helen Gregory of Birmingham City University. Helen achieved the highest mark of any student on the University's Legal Practice Course litigation paper. ...