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...
Firm News
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 concerns highlighted...
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...
Over the past few weeks you may have read solicitors, barristers and other legal professionals comments on the Johnny Depp v Amber Heard and the so-called Wagatha Christie trials. Many in the profession are explaining why lawyers discourage their clients...
We are delighted to announce that Wioleta Dworak has been promoted to the position of Associate Director. She will take up this post on 1 st June 2022 and we are excited to welcome her to our senior management team. Wioleta completed her...
It is with great pleasure that Bell Lax announce the promotion of Aimee Herbert from Solicitor to Associate Solicitor from 1 June 2022. Aimee joined Bell Lax in July 2018 as a litigation support lawyer, before completing her training contract and qualifying...
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? Rebekah Vardy is suing Coleen Rooney...
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...
April is Limb Loss Awareness Month. This is an event run by various charities to raise awareness about living with limb loss and supporting amputees in a community setting by ensuring that they have the access to the correct support system....
In 2019, the biggest maternity scandal in Shrewsbury and Telford Hospital Trust’s history came to light. Hundreds of families came forward, telling their stories of how the Trust had failed them and their babies. This led to an inquiry into 1,592...
It was recently reported that the NHS is facing a mass exodus of GPs in England. Official data was quoted showing that 23% of family doctors are 55 years or over and will be looking to retire within the next few years, with the average retirement age being...
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...
Michel Roccati made international news for being the first person, with a completely severed spinal cord, to regain the ability to walk. This was made possible by ground-breaking advancements in medical technology which will hopefully lead the way in...
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. ...
The long awaited ‘Divorce, Dissolution and Separation Act 2020’ comes into effect on 6 th April 2022. It was first introduced in Parliament in January 2020 and aims to modernise the divorce legislation, by introducing the ‘no fault’...
This week the BBC reported that more than 13,000 patients a year are having NHS funding for their palliative care withdrawn after living longer than expected. In addition, other patients were having their continuing healthcare support replaced with more...
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...
Last week was Family Mediation Week organised by the Family Mediation Council (FMC). The FMC is a not for profit organisation who maintain a professional register of family mediators. Family Mediation Week was an opportunity to raise awareness about family...
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...
Cervical Screening Awareness Week runs from 21 to 28 January 2022 and aims to raise awareness and highlight the importance of regular cervical screening for women. Cervical screening (a smear test) is an effective way of preventing cervical cancer....
Across the country men will be growing their beards to raise awareness and support vital research and lifesaving work to help prevent bowel cancer. More than 42,000 people are diagnosed with bowel cancer in the United Kingdom every year, and more than...
During the Covid 19 pandemic, we have seen a rise in people abandoning their cars and public transport in favour of bicycles as their preferred mode of transport to work. Last year, the Government encouraged this by offering a £2 billion package to...
Resolution’s Good Divorce Week 2021: Parenting through Separation Each year Resolution, a group of family justice professionals from around the country, campaigns to MPs and the public about an issue which is close to its heart. The issue relates...
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...
A Midlands neurosurgeon has been prevented from performing complex surgery following negligent treatment. Mr Hussein El-Maghraby is a consultant neurosurgeon at University Hospitals Coventry & Warwickshire NHS Trust and the private Woodland Hospital in...
NHS Trusts fill nurse vacancies with non-nurses NHS Trusts in England are recruiting unqualified people to fill the growing number of nursing vacancies within the NHS. The Royal College of Nursing (RCN) has warned that this compromises...
Cervical Screening Awareness Week runs from 14 June 2021 to 20 June 2021 and aims to raise awareness and highlight the importance of regular cervical screening for women. Did you know? In the United Kingdom, cervical cancer is the most...
Walsall Manor Hospital has been told to make 'significant improvements' to its medical services within three months following an inspection by the Care Quality Commission in March 2021. An inspection was carried out due to concerns regarding the...
Pressure ulcers, also known as bedsores and pressure sores, can be debilitating, painful and potentially fatal if left untreated. However, with appropriate nursing care pressure ulcers can be prevented most of the time. Whilst there are certain...
In the first criminal prosecution of its kind, University Hospitals Plymouth NHS Trust was recently prosecuted and found to be in breach of the Duty of Candour for failing to be open and transparent with a bereaved family. In this case, a patient died at...
The COVID-19 outbreak has had an enormous impact on core NHS services. In order to free up capacity to deal with the initial peak of the pandemic, the NHS shut down or significantly reduced many areas of non-COVID care from April 2020 onwards. This resulted...
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...
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...
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...
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. ...
Ronan Keating’s wife, Storm Keating, has recently undergone emergency spinal surgery at Cromwell Hospital after being diagnosed with cauda equina syndrome. On social media, Storm revealed how she had initially been rushed to hospital for a...
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...
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...
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.
