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...
Firm News
An investigation carried out by the BBC has revealed failures in the diagnosis of medical issues during ultrasound scans at private clinics. More than 200 studios in England offer private ultrasound scans, with hundreds of thousands being carried out...
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...
The latest changes to the Civil Procedure Rules come into force on 1 October 2020. One of the most notable changes is an addition to Practice Direction 35 which relates to the Statement of Truth provided by experts and assessors in their expert reports. ...
I am indebted to Gordon Exall and his recent blog reviewing the Secret Barrister’s second book “Fake Law”. Gordon observes that the book looks at many of the misconceptions surrounding the legal system including the way in which the...
What is an Interim Payment? An interim payment is where part of a Claimant’s compensation or settlement is advanced to them earlier in the process, before final judgement or full and final settlement being reached. In personal injury or medical...
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,...
The basic principle for recovery of compensation in personal injury and medical negligence cases is to put the injured person back in the position they would have been in if the accident/negligence did not occur. For example, if the Claimant suffered a...
Most personal injury claims involve physical injuries such as soft tissue injuries, broken bones, scarring, head injuries and other obvious and visible injuries. But what about the injuries which we are unable to see? Provided medical evidence supports...
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 action (a “Mandatory...
Personal Injury claims give rise to many novel and complex legal arguments. There is a common misconception that liability disputes in such claims are easily resolved and that prevailing theory has led over the years to increasingly restrictive fixed...
The Ogden Tables are prepared by the Government Actuary’s Department and assist personal injury lawyers and the Courts with calculating lump sum compensation for future loss and expenses. These actuarial tables include...
Vaginal mesh implants have been used for a number of years to treat stress urinary incontinence and pelvic organ prolapse. The surgical mesh usually made from synthetic polypropylene is inserted into the vagina or vaginal wall in order to support the...
The Covid-19 pandemic has given rise to a renewed appreciation of our NHS. I along with many of you, have been out on my balcony at 8pm every Thursday clapping for our carers with much gusto and gratitude. Indeed, I am very grateful for their hard work...
The Claimant was widowed following a tragic accident on a construction site . Her husband had been working for a scaffolding company contracted to erect scaffolding in order that a fragile roof could be replaced. Whilst working on the roof, the...
Even if you have been fortunate enough to have never been involved in a road traffic accident , the chances are you may know someone who has. Whilst most road traffic accident claims are often straightforward in terms of proving who is liable for the...
On 1 June 2020, the Ministry of Justice published the following statement: - “Due to the impact of Covid-19, the Bank of England reduced the base rate to 0.1% on 19 March 2020 as an emergency measure and made a decision on 7 May 2020 to maintain...
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....
Bowel cancer is one of the most common types of cancer in the United Kingdom. Cancer Research UK estimate that around 40,000 individuals are diagnosed with bowel cancer every year. According to statistics published by Cancer Research, bowel cancer is...
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...
Bell Lax are open. As the impact of COVID-19 is being felt by people around the world the staff and directors at Bell Lax are doing everything possible to ensure that we continue to provide clients with the advice and service that they need whilst...
We are happy to announce that on the 14 February 2020, we will be holding a raffle to raise funds for the Spinal Injuries Association (SIA). The SIA provide assistance to anyone who has been touched by spinal cord injury. Their ultimate goal is to enable...
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...
Hundreds of families are coming forward after a report from an investigation for NHS Improvement was leaked outlining the failings of the maternity ward from 1979 until present at the Shrewsbury and Telford Hospital Trust. The said failings resulted in a...
During day four of the second Ashes Test at Lord’s, Australia’s leading batsman, Steve Smith, was hit in the neck by a bouncer from England’s Jofra Archer at a speed of over 90 mph. Smith was assisted off the ground by medical staff,...
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...
This week is Action for Brain Injury Week which is an annual event organised by Headway, a leading charity supporting brain injured people. This year’s theme is to raise awareness of fatigue which is a common symptom for those with brain injury. It...
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...
Two members of our team here at Bell Lax, George Gwynn and Jack Brotherton have raised almost £300 for the YMCA sleeping out on the streets of Sutton Coldfield for a night. Approximately 100 people gathered together in the centre of Sutton Coldfield...
The positive rankings continued for Bell Lax in this year's widely respected Chambers and Partners 2019. Bell Lax was ranked as a "Recognised Practitioner" in the Midlands, with Peter Lax being singled out as a Ranked Lawyer, and Liam Owen...
Once again, Bell Lax has received a very positive write-up in the Legal 500. Bell Lax are ranked as a tier 3 firm in the Birmingham area, alongside and indeed ahead of many much bigger firms. Bell Lax's entry reads: " Bell Lax Limited is...
Bell Lax are pleased to have recently welcomed Jo Wright into our busy commercial disputes team as a solicitor. Jo (far left below) will work with (from left to right) Liam Owen, Richard Kerry, Natalie Bradshaw and George Gwynn in helping Bell Lax’s...
Saturday 18 August was reported as the most popular day in 2018 to get married in the UK. However, since the early 1970s, the number of people getting married each year has steadily decreased, dropping a further 3.4% last year. There are many theories about...
Why do I have to tell my ex partner my full financial position? Divorcing couples have a duty to provide full financial disclosure to their soon to be ex. If a party fails to provide full financial disclosure the Court can impose penalties upon...
Why have I not received any monies from my divorced parent’s estate? This is becoming an increasingly common question, and a version of it is often asked by children who believe that their parent’s wishes have not been carried...
We reached a settlement when we separated, but did not have a Court Order. My partner is now trying to claim further monies from me. Can they do this? In May 2017, my colleague Richard Kerry wrote an article stressing the importance of a Court...
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...
Bell Lax has once again punched above its weight with the legal directories this year. Our 2017 Legal 500 entry reads: "Litigation boutique Bell Lax Limited is a ‘strong local practice that can hold its own with the city centre firms in its...
Jason Evans, a leading campaigner with regard to the highly publicised "Contaminated Blood Scandal" of the 1970s and 1980s, in which many haemophiliacs were infected with HIV and hepatitis C through their treatment on the NHS with contaminated...
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...
In the absence of any children from a marriage, divorcing couples are generally awarded roughly equal shares of the matrimonial assets, subject to their needs. However, the courts have recently ruled in a case where the wife argued that "because this...
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...
Is divorce the final whistle for Ryan Giggs? In his current divorce proceedings against his estranged wife, Stacey, Ryan Giggs is arguing that, as a successful professional footballer, he made a “special contribution” to their...
Last month, breast surgeon Ian Paterson was found guilty of 17 counts of wounding with intent after being accused of carrying out a series of unnecessary operations. Any surgery carries risks and so to have undergone the same when it was not required and to...
A few days ago it was reported that an 11 year old girl had tragically died from injuries sustained after an incident on the Splash Canyon water ride at Drayton Manor Park. Our thoughts and condolences go out to her family, friends and teachers at what...
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...
FOOTBALLER DIVORCE The former Manchester United footballer Ryan Giggs is embroiled in a dispute over money after the breakdown of his marriage to his wife Stacey Giggs. Mr Giggs is claiming that he should have a larger share of the matrimonial...
Should a wife share in her husband’s millions after a 5 month marriage? The High Court has recently heard evidence from a wife, who was married to her very wealthy husband for only 5 months. She is seeking a share of his millions, whereas he is...
Bell Lax adds to Personal Injury team Posted March 16, 2017 Stuart Andrews and Maria Rani have joined Bell Lax’s successful Personal Injury and Clinical Negligence Team. Stuart is returning to the firm having trained and qualified as a...
On 20 th March 2017, the government finally adjusted the Discount Rate used for the calculation of future loss claims in personal injury and clinical negligence claims. This had remained at 2.5% for 16 years but has now been changed by the Lord...
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...
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 £10,000 a year; and work in the UK. ...
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. ...
The date has been set, the venue booked, the wedding dress bought. What about the pre-nup? Of course nobody wants to think about divorce while organising a wedding. However, nobody wants to think about death either and many newlyweds do not hesitate to...
The Legal 500 – the guide to the best law firms in the UK - has just promoted Bell Lax to a Tier 3 Firm for Dispute Resolution in Birmingham. This years’ entry states: " In consultants Heather Bell and Peter Lax, litigation boutique Bell...
No Fault Divorce - Coming soon
The justice system is finally over-hauling a 50 year law on bringing marriage to a less acrimonious end.
At Bell Lax we have acted for many clients who do not wish to assign blame, and would prefer to move forward with their lives, keeping a harmonious relationship with their ex partner, particularly if there are children involved.
It has been difficult for both parties when they want to move on, knowing that one person must take the blame in order for the divorce to be granted at court. In many instances our clients have simply fallen out of love, and there are no bitter feelings as both parties want to move on.
This new legislation is very good news, it will allow ex parties to end their marriage, without the costly legal fees.
Bell Lax will be able to assist parties seeking to end their "no fault" marriage on a fixed fee basis.
Resolution Charity Quiz
Bell Lax won £500 for the amazing charity "The Buddy Bag Foundation", at a fiercely competitive quiz last night. The event was hosted by 3PB Chambers, and sponsored by Dain's Accountants. Facing some fierce competition, including a table of Judge's, we triumphed for our chosen charity.
