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	<title>Professional Negligence - St Helens Law</title>
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		<title>Could I claim via public liability insurance?</title>
		<link>https://www.sthelenslaw.co.uk/news/public-liability-insurance/</link>
		
		<dc:creator><![CDATA[David Hunter]]></dc:creator>
		<pubDate>Mon, 03 Feb 2025 09:17:38 +0000</pubDate>
				<category><![CDATA[Professional Negligence]]></category>
		<guid isPermaLink="false">https://www.sthelenslaw.co.uk/?p=15226</guid>

					<description><![CDATA[<p>The bad news is accidents happen – particularly in public [&#8230;]</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/public-liability-insurance/">Could I claim via public liability insurance?</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
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<p>The bad news is accidents happen – particularly in public places.</p>
<p>The good news? <strong>Public liability insurance</strong> can often pay for the injuries and suffering they cause.</p>
<p>It’s easy to blame yourself for a public accident or just dismiss it as one of those things. But business owners and local authorities have a duty of care to keep you safe. If they failed in that duty, you could be entitled to compensation – and most businesses will have an insurance policy in place to allow you to get the financial justice you deserve.</p>
<p>Here at <a href="https://www.sthelenslaw.co.uk/">St Helens Law</a>, we have a <a href="https://www.sthelenslaw.co.uk/services/personal-injury/">team of legal experts</a> who specialise in representing those who’ve had an accident or suffered an injury in a public place. Read on to find out whether you’re eligible to claim against <strong>public liability cover</strong> and how we can help.</p>
<h2>Public liability insurance</h2>
<p>A way to get your rightful compensation.</p>
<h3>How could public liability insurance benefit me?</h3>
<p>The consequences of a public place accident can be significant.</p>
<p>By negatively impacting your physical health, the injuries sustained may have put you out of action – potentially affecting your ability to work and your finances, as well as your mental health, emotional well-being, social and family relationships and much more.</p>
<p>So it’s only fair that, if the accident wasn’t your fault, you can seek compensation.</p>
<p>Claiming through public liability insurance is one way to do this.</p>
<p>Most business owners will carry this type of policy, to help protect themselves financially in the event of a <strong>public liability claim</strong> – made by a client, customer or member of the public.</p>
<p>Providing your accident was due to their negligence and the business is found liable, their insurance policy will pay out compensation – for the injuries sustained, your pain and suffering, your loss of earnings, legal fees and the cost of any rehabilitation required.</p>
<p>It’s there to make sure people like you are fairly recompensed.</p>
<h3>Do all businesses have public liability cover?</h3>
<p>Public liability cover isn’t a legal requirement – but most businesses do have it.</p>
<p>After all, a single slip, trip or fall caused by their negligence has the potential to put their company out of business. Why would they take that risk? Plus, some companies and organisations will only award contracts to a business with public liability cover in place, and customers often wish to see proof of it themselves – so it’s usually deemed essential.</p>
<p>The important thing to note is that, whether a business is covered by insurance or not, it won’t affect your ability to <strong>claim for public liability</strong>. If they don’t have a valid policy, your solicitor will simply deal with the defendant’s legal team and seek damages from them instead.</p>
<h3>What’s covered by public liability insurance?</h3>
<p>To be covered by public liability insurance, firstly, the incident must have happened in a place that’s accessible to the general public – either indoors or outdoors. Some of the most common settings for these types of accidents include pavements, parks, shops and supermarkets.</p>
<p>Secondly, the root cause of the accident must be negligence – on the part of the person or company responsible for that public setting. It isn’t possible to claim on a company’s public liability cover if the accident happened due to circumstances beyond their control (e.g. the actions of another member of the public). And the insurance policy will <em>only</em> pay out if:</p>
<ul>
<li>you were owed a duty of care</li>
<li>that duty of care was breached</li>
<li>the breach directly caused you harm</li>
</ul>
<p>If you can show that all of the above is true, the policy will then cover the cost of personal compensation (for the pain and suffering you have experienced, loss of earnings, etc.), legal fees, plus any medical expenses associated with your recovery and rehabilitation.</p>
<p>Public injuries can range from minor cuts and fractures to significant life-changing injuries to the head or spinal cord. But all injuries – whatever their nature or severity – are covered by public liability insurance. And if you’ve had a public accident in the last three years that wasn’t your fault, it’s highly likely that you’ll be eligible to make a <strong>public liability insurance claim</strong>.</p>
<h4>Contact our personal injury solicitors today</h4>
<p>Sometimes, an accident in a public place is just that – an accident – and nobody is to blame. But if it <em>was</em> caused by someone else’s negligence or carelessness, you’re well within your rights to make a public liability claim, and there’s no need to feel guilty for seeking compensation.</p>
<p>Accidents like this are very common. And in most cases, public land and property owners will have adequate liability insurance in place for that exact purpose – to ensure they’re financially protected and prepared to give claimants like yourself the compensation you deserve.</p>
<p>So if you think you might be eligible, where’s the harm in finding out more?</p>
<p>Here at St Helens Law, we have true expertise in this particular area of the law – having litigated over a variety of public accidents in cafes, pubs, clubs, parks, churches and more.</p>
<p>Following a quick chat about your individual circumstances, our <a href="https://www.sthelenslaw.co.uk/services/personal-injury/">personal injury solicitors</a> can advise on whether a claim is feasible and your overall chances of success. If you wish to go ahead, we can provide valuable assistance throughout the claims process – from handling communication with the insurance company to gathering evidence and negotiating compensation on your behalf.</p>
<p>Most<strong> public liability</strong> cases can be completed on a ‘no win no fee’ basis and we offer an initial consultation free of charge. To book yours, or if you have any questions, please don’t hesitate to <a href="https://www.sthelenslaw.co.uk/contact/">get in touch</a>. Either call us on <a href="tel:01744742360">01744 385171</a> or send an email to <a href="mailto:info@sthelenslaw.co.uk">info@sthelenslaw.co.uk</a>.</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/public-liability-insurance/">Could I claim via public liability insurance?</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
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		<title>What is employers’ liability insurance?</title>
		<link>https://www.sthelenslaw.co.uk/news/employers-liability-insurance/</link>
		
		<dc:creator><![CDATA[David Hunter]]></dc:creator>
		<pubDate>Mon, 03 Feb 2025 08:56:22 +0000</pubDate>
				<category><![CDATA[Professional Negligence]]></category>
		<guid isPermaLink="false">https://www.sthelenslaw.co.uk/?p=15223</guid>

					<description><![CDATA[<p>Suffered an injury or illness that was caused by your [&#8230;]</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/employers-liability-insurance/">What is employers’ liability insurance?</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>Suffered an injury or illness that was caused by your job?</p>
<p><strong>Employers’ liability insurance</strong> could be your new best friend.</p>
<p>A legal requirement for most businesses and employers in the UK; it’s designed to cover the cost of any compensation you may be entitled to. So if you wish to make a claim, it’s important to understand whether your company has it and whether it applies to you.</p>
<p>As a leading specialist in this particular area of the law, here our <a href="https://www.sthelenslaw.co.uk/services/personal-injury/">personal injury solicitors</a> explain the main eligibility criteria for making an <strong>employers’ liability claim</strong> – and outline the next steps to take if you believe you tick all the right boxes.</p>
<h2><strong>Understanding employers’ liability insurance</strong></h2>
<p>Does it apply to your specific circumstances?</p>
<h3>Does employers’ liability insurance apply to my injury or illness?</h3>
<p>Your employer has a legal duty to ensure your health and safety in the workplace.</p>
<p>If they fail in that duty, and you have suffered an accident, injury or illness as a result, they’re deemed negligent or ‘liable’ – i.e. the blame lies with them. And there could be grounds for you to make a claim and seek compensation through their <strong>employers’ liability cover</strong>.</p>
<p>Employers’ liability insurance covers a range of issues, such as:</p>
<ul>
<li>work-related injuries</li>
<li>accidents sustained at work</li>
<li>illnesses and diseases contracted in the workplace</li>
<li>fatalities in the workplace</li>
</ul>
<p>These issues can arise in pretty much all jobs and professions, and can vary greatly in terms of their nature and severity – but some of the most common examples include slips and trips, industrial diseases, manual handling injuries, falls from heights, post-traumatic stress, etc.</p>
<p>It’s important to note, however, employers’ liability insurance does not apply to all situations in which you may have suffered at work. For example, it does not cover liability for:</p>
<ul>
<li>discrimination</li>
<li>sexual harassment</li>
<li>wrongful termination </li>
</ul>
<h3>Am I covered by my employer’s insurance policy?</h3>
<p>By law, <strong>employers’ liability coverage</strong> needs to provide cover for <em>everyone </em>employed by the business. Crucially, this includes permanent employees as well as:</p>
<ul>
<li>contract employees</li>
<li>self-employed employees</li>
<li>casual employees</li>
<li>seasonal employees</li>
<li>labour-only subcontractors</li>
<li>temporary staff (e.g. students, work experience placements)</li>
<li>volunteers</li>
<li>advisors</li>
<li>referees</li>
<li>marshals</li>
</ul>
<p>Whether you work part-time or full-time hours, whether you’re on the company’s monthly payroll or work ad-hoc. If you’ve suffered an injury or illness due to the employer’s negligence, you should be entitled to claim through their employers’ liability insurance.</p>
<p>You may even be entitled to claim as a <em>former</em> employee.</p>
<p>Some illnesses can take a while for symptoms to develop. So even if it’s been a long time since you worked for the company, if your illness can be directly linked to your previous working conditions, it may still be possible to make a claim and seek the compensation you deserve. </p>
<h3>Which premises are covered by the insurance?</h3>
<p>Employers’ liability insurance should cover all of the business’ premises – i.e. anywhere that their employees work. For example, this would include their head office and the main buildings that staff work from, as well as any offshore installations or associated structures.</p>
<p>However, it’s important to say, this type of policy only applies to premises in the UK.</p>
<p>If an employer has premises overseas (and this is where you worked when the injury/illness was sustained), unfortunately, you wouldn’t be protected by their UK employers’ liability cover.</p>
<p>There are also some premises which are unlikely to be covered, as the business or company isn’t legally required to take out insurance. For example, premises associated with:</p>
<ul>
<li>public organisations, such as government departments</li>
<li>health service bodies, such as the NHS</li>
<li>organisations which receive finance through public funds, such as magistrate committees </li>
</ul>
<h3>Will my employer definitely have an insurance policy?</h3>
<p>By law, if the business employs one or more people, <strong>employers’ liability insurance cover</strong> is essential. If they fail to take it out, they could incur a hefty fine of £2500 for each day they’re not covered.</p>
<p>There are some exceptions to this. For example, if it’s a public organisation, health service, government body or an unincorporated family business (that only employs direct family members). But in most cases, your employer will be legally required to have a policy.</p>
<p>You should be able to see their certificate on the business’ premises or electronically.</p>
<p>It’s also worth noting that, even if the employer is now bankrupt or no longer in business, it may still be possible to make a compensation claim. As long as the business was insured at the time of the incident, it should be possible to trace the insurance policy – and it <em>will</em> still be valid.</p>
<h4>Think you could be eligible to claim?</h4>
<p>Lots of people suffer an accident or injury at work due to their employer’s negligence.</p>
<p>In fact, according to the latest figures published by the Health and Safety Executive, almost 2 million workers in the UK reported work-related ill health in 2023/24 – all of whom could be entitled to claim compensation through their employer’s liability insurance.</p>
<p>If you’re one of those 2 million, or you believe you meet the eligibility criteria detailed above, it’s worth getting in touch with our <a href="https://www.sthelenslaw.co.uk/services/personal-injury/">personal injury solicitors</a>. Knowledgeable and experienced in <strong>employers’ liability</strong>, following a quick chat, we can confirm your eligibility, advise on your chances of success, and guide you towards the financial justice you deserve.</p>
<p>In most cases, employers’ liability cases can be completed on a ‘no win no fee’ basis and we offer an initial consultation free of charge. So what do you have to lose by getting in touch? To find out more, either call us on <a href="tel:01744%20742360">01744 385171</a> or send an email to <a href="mailto:info@sthelenslaw.co.uk">info@sthelenslaw.co.uk</a>.</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/employers-liability-insurance/">What is employers’ liability insurance?</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
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		<title>The importance of claiming compensation for professional negligence</title>
		<link>https://www.sthelenslaw.co.uk/news/importance-claiming-compensation-professional-negligence/</link>
		
		<dc:creator><![CDATA[David Hunter]]></dc:creator>
		<pubDate>Thu, 01 Aug 2019 10:29:34 +0000</pubDate>
				<category><![CDATA[Professional Negligence]]></category>
		<guid isPermaLink="false">https://www.sthelenslaw.co.uk/?p=13220</guid>

					<description><![CDATA[<p>If you use a professional you expect to be provided [&#8230;]</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/importance-claiming-compensation-professional-negligence/">The importance of claiming compensation for professional negligence</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>If you use a professional you expect to be provided with the best possible service but, sadly, this isn’t always the case. If you’ve been let down, you’re well within your rights to claim for the loss you have suffered – and our experienced team at <a href="https://www.sthelenslaw.co.uk/">St Helens Law</a> can help.</p>
<p>Perhaps you’ve followed bad advice from your solicitor or been given poor guidance from your accountant &#8211; whatever the profession, our <a href="https://www.sthelenslaw.co.uk/services/professional-negligence/">professional negligence lawyers</a> based in St Helens town centre can assist you in claiming compensation. We work on a no win no fee basis, with only a 25% fee charge applied if the claim is successful.</p>
<h2><strong>When should I consider claiming professional negligence compensation? </strong></h2>
<p>If a professional makes a mistake that results in you being worse off financially, it’s time for you to consider applying for compensation.</p>
<p>Once you have contacted our <a href="https://www.sthelenslaw.co.uk/services/professional-negligence/">professional negligence solicitors</a> in St Helens, we will invite you to a free 30-minute interview to assess your claim and advise if we think you should proceed.</p>
<h2><strong>What happens once I’ve made a claim?</strong></h2>
<p>If your claim is accepted a “Professional Negligence Pre-Action Protocol” is followed before any court action is taken. This contacts the professional in question informing them that a claim has been made against them. The professional then have 3 weeks to acknowledge the letter and a further 3 months to provide a response that either admits the claim, makes a settlement proposal or disputes the claim.</p>
<h2><strong>Still unsure? Get in touch </strong></h2>
<p>Our dedicated and professional team here at St Helens Law are highly experienced with <a href="https://www.sthelenslaw.co.uk/services/professional-negligence/">professional negligence claims</a>. Once your claim is made we will provide you with a reference to access your private file online, ensuring you’re always kept up to date on proceedings.</p>
<p>Why not get in touch? Request a free consultation using the <a href="https://www.sthelenslaw.co.uk/contact/enquiry-form/">online form</a> provided or call us on <a href="tel:01744%20454433">01744 385171</a> or email <a href="mailto:info@sthelenslaw.co.uk">info@sthelenslaw.co.uk</a> for an instant response.</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/importance-claiming-compensation-professional-negligence/">The importance of claiming compensation for professional negligence</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
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		<title>Professional and Clinical Negligence</title>
		<link>https://www.sthelenslaw.co.uk/news/professional-clinical-negligence/</link>
		
		<dc:creator><![CDATA[St Helens Law]]></dc:creator>
		<pubDate>Tue, 27 Mar 2018 17:00:08 +0000</pubDate>
				<category><![CDATA[Clinical Negligence]]></category>
		<category><![CDATA[Professional Negligence]]></category>
		<guid isPermaLink="false">http://www.sthelenslaw.co.uk/?p=12897</guid>

					<description><![CDATA[<p>Have you been let down by a professional, or received [&#8230;]</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/professional-clinical-negligence/">Professional and Clinical Negligence</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><strong>Have you been let down by a professional, or received poor quality of care? Speak with our expert team today here at St Helens Law.</strong></p>
<p>It is important that you know your options.</p>
<p>If a professional lets you down, be it a solicitor, surveyor, accountant or any professional, then compensation may be payable for any loss suffered.</p>
<p>Doctors, nurses, dentists and physiotherapists have a duty of care when treating a patient. If there is a lack of care, then it is important to report the problem to ensure the same failures don&#8217;t happen again. Depending on the impact of your experiences, compensation may be payable to you too.</p>
<p>Here at St Helens Law we have successfully litigated over such claims involving solicitors, surveyors, accountants, doctors, physiotherapists and many more.</p>
<p>If you think you have been let down by a professional or received poor quality of care and would like to discuss this, then please get in touch.</p>
<h2>For a FREE initial consultation email <a href="mailto:info@sthelenslaw.co.uk">info@sthelenslaw.co.uk</a>, call 01744 385171 or pop into our office.</h2>
<p>St Helens Law – We are here to help.</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/professional-clinical-negligence/">Professional and Clinical Negligence</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
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		<title>Leasehold scandal on new builds</title>
		<link>https://www.sthelenslaw.co.uk/news/leasehold-scandal-new-builds/</link>
		
		<dc:creator><![CDATA[St Helens Law]]></dc:creator>
		<pubDate>Tue, 25 Jul 2017 14:16:36 +0000</pubDate>
				<category><![CDATA[Professional Negligence]]></category>
		<category><![CDATA[Property]]></category>
		<guid isPermaLink="false">http://www.sthelenslaw.co.uk/?p=12734</guid>

					<description><![CDATA[<p>The government plans to bring an end to the leasehold [&#8230;]</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/leasehold-scandal-new-builds/">Leasehold scandal on new builds</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The government plans to bring an end to the leasehold scandal on new-build houses, which has resulted in homeowners having to make increasing rental payments on top of their mortgages.</p>
<p>A public consultation will be held which will outline plans to ban the practice as well as dramatically reduce ground rent payments.</p>
<p>According to Communities Secretary, Sajid Javid, there are almost 1.2 million cases of houses on leasehold that may be affected by escalating ground rent costs.</p>
<p><strong>So, what if you have been affected?</strong></p>
<p>If you have purchased a property with a clause in the lease relating to the increasing payments and this was not set out clearly by the solicitor that dealt with the conveyancing then you will need to show a loss.</p>
<p>It would be impossible to assess how long the home owner would have to pay the ground rent for as they may sell the property. However, it is possible to assess the loss in value caused by the punitive rentals charged.</p>
<p>There are easy processes available using expert valuation guidance that can establish the losses. The losses could be the entire value of the house or it could be simply a part of the value depending on the amounts of rent payable.</p>
<p><strong>How easy is it to make a claim and what would it cost?</strong></p>
<p>No litigation is easy but the principles here are quite straightforward. There would be legal fees involved but only if the case is won and only then would it be a percentage of the claim. The percentage of the claim is capped at 25% which is a ‘success fee’ payable to the solicitor. There would be no fees payable at all should the claim fail.</p>
<p>All of these agreements are set out in writing before the claim is actioned. If the case was lost then any fees payable to the other side would be covered by a policy of ‘After The Event Insurance’ (ATE). This is provided on the basis that, should the claim succeed, the insurers recover their agreed premium. The premium will be communicated before you incur any obligation. The insurer’s quote is based on risk, but it isn’t compulsory to have ATE but it is wise to do so; if the claim fails then the ATE insurer will pay all of the other side’s fees and any expert fees or court fees that may have been paid.</p>
<p><strong>But we were let down by solicitors, so why should they trust another?</strong></p>
<p>Here at St Helens Law we strive to succeed. We will spend as long as it takes and apply whatever resources are needed to obtain a good result and provide an excellent service for our clients.</p>
<p>We have an excellent team of professionals who have a breadth of experience in professional negligence cases and obtain a large amount of work by referral from satisfied clients.</p>
<h4>If you have been affected by the above and wish to discuss professional negligence further, call 01744 385171 or email <a href="mailto:howard.nulty@sthelenslaw.co.uk">howard.nulty@sthelenslaw.co.uk</a> to find out how we can help.</h4>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/leasehold-scandal-new-builds/">Leasehold scandal on new builds</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
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		<title>Professional Negligence claims for residents at Speakman Gardens Estate</title>
		<link>https://www.sthelenslaw.co.uk/news/professional-negligence-claims-residents-speakman-gardens-estate/</link>
		
		<dc:creator><![CDATA[St Helens Law]]></dc:creator>
		<pubDate>Fri, 10 Feb 2017 17:08:19 +0000</pubDate>
				<category><![CDATA[Professional Negligence]]></category>
		<guid isPermaLink="false">http://www.sthelenslaw.co.uk/?p=12623</guid>

					<description><![CDATA[<p>We have had a lot of interest from home owners [&#8230;]</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/professional-negligence-claims-residents-speakman-gardens-estate/">Professional Negligence claims for residents at Speakman Gardens Estate</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>We have had a lot of interest from home owners of properties at Speakman Gardens estate in Prescot, following the revelation that some of the properties have a clause in the lease that will see the ground rent increase at an alarming rate over short periods of time.</p>
<p>It has been discovered that a number of residents on the estate have a clause in their lease which will see the ground rate double every ten years.</p>
<p>But what if the homeowner is unable or refuses to pay?</p>
<p>If you do not pay ground rent, then the owner of the ground rent (the receiver of the monies) can take action through the courts to recover the monies and in some cases to forfeit the lease under which the property is held.</p>
<p>Unfortunately, by law it isn’t an option for the residents of Speakman Gardens to refuse to pay the increased ground rent.</p>
<p>In addition, the clause could have a big impact on the saleability of the property. The existence of punitive rentals could, and most likely will, make the homes less attractive to potential buyers. It may be that the houses become difficult to sell or at best will be sold at a discounted rate.</p>
<p>So, what can the home owners do about it?</p>
<p>Well, assuming that the solicitor that dealt with conveyancing did not set out the clause in the lease clearly, then the home owner will need to show a loss. It would be impossible to assess how long the home owner would have to pay the ground rent for as they may sell the property. However, it is possible to assess the loss in value caused by the punitive rentals charged.</p>
<p>There are easy processes available using expert valuation guidance that can establish the losses. The losses could be the entire value of the house or it could be simply a part of the value depending on the amounts of rent payable.</p>
<p>How easy would be for a home owner to make a claim and what would it cost?</p>
<p>No litigation is easy but the principles here are quite straightforward. There would be legal fees involved but only if the case is won and only then would it be a percentage of the claim. The percentage of the claim is capped at 25% which is a ‘success fee’ payable to the solicitor. There would be no fees payable at all should the claim fail.</p>
<p>All of these agreements are set out in writing before the claim is actioned. If the case was lost then any fees payable to the other side would be covered by a policy of ‘After The Event Insurance’ (ATE). This is provided on the basis that, should the claim succeed, the insurers recover their agreed premium. The premium will be communicated before you incur any obligation. The insurer&#8217;s quote is based on risk, but it isn’t compulsory to have ATE but it is wise to do so; if the claim fails then the ATE insurer will pay all of the other side’s fees and any expert fees or court fees that may have been paid.</p>
<p>But the home owners were let down by solicitors, so why should they trust another?</p>
<p>Here at St Helens Law we strive to succeed. We will spend as long as it takes and apply whatever resources are needed to obtain a good result and provide an excellent service for our clients.</p>
<p>We have an excellent team of professionals who have a breadth of experience in professional negligence cases and obtain a large amount of work by referral from satisfied clients. I myself have been dealing in solicitor negligence cases in St Helens since 1983.</p>
<h2>If you own a property at Speakman Gardens estate or have been affected by a similar issue, call 01744 385171 or email me at <a href="mailto:howard.nulty@sthelenslaw.co.uk">howard.nulty@sthelenslaw.co.uk</a> to find out how we can help.</h2>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/professional-negligence-claims-residents-speakman-gardens-estate/">Professional Negligence claims for residents at Speakman Gardens Estate</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
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		<title>Let Down By Your Lawyer?</title>
		<link>https://www.sthelenslaw.co.uk/news/let-down-by-your-lawyer/</link>
		
		<dc:creator><![CDATA[St Helens Law]]></dc:creator>
		<pubDate>Sun, 18 Jan 2015 10:52:32 +0000</pubDate>
				<category><![CDATA[Professional Negligence]]></category>
		<guid isPermaLink="false">http://www.sthelenslaw.co.uk/?p=12176</guid>

					<description><![CDATA[<p>Once upon a time, lawyers were professionals.  They worked from [&#8230;]</p>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/let-down-by-your-lawyer/">Let Down By Your Lawyer?</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
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										<content:encoded><![CDATA[<p class="art-postheader">Once upon a time, lawyers were professionals.  They worked from an office with oak panels and went to work wearing a suit and carrying a briefcase.  There were strict guidelines as to what was expected of them.  They sent you a bill and you paid it.  You met your lawyer across a desk.  How times have changed!</p>
<p class="art-postheader">There are some lawyers who retain some of the above characteristics, but not many. The advent of conditional fee (no win no fee to the uninitiated) agreements and online conveyancing have led to a dilution of the standards that are delivered &#8211; but not those that are expected.</p>
<p class="art-postheader">A lawyer has a contractual and tortious duty to provide his client with a reasonably proficient service.  That duty may be enhanced by particular express contractual terms, but never reduced.</p>
<p class="art-postheader">The fact that lawyers do not always meet their client face to face, or that they are driven to expedite settlements of injury claims by their own commercial demands, do not water down these standards either.</p>
<p class="art-postheader">The judiciary has recently suggested that firms that want to sit in a business park and deal by telephone alone do so at their peril.</p>
<p class="art-postheader">There is a multiplicity of examples of where these arrangements have led to clients being undersold.</p>
<p class="art-postheader">In conveyancing it is almost impossible to ensure the accuracy of a deed plan depicting boundaries without looking at it with your client across a desk, or even sometimes at the site of the boundary.</p>
<p class="art-postheader">Making sure that a property enjoys the access that it should have is a similar problem.</p>
<p class="art-postheader">There is more to conveyancing than just making sure that the Land Registry has your name on the deeds once you have paid.  Many clients do not understand that buying a house is not like buying a car.  You cannot give it back if it doesn&#8217;t work.</p>
<p class="art-postheader">Many clients think that they are protected by the benevolent valuation from the Building Society.  Whilst there may be a limited redress against a valuer that fails to deal with problems at the property, the best form of security for buying a house is to have your own survey carried out.  How many firms that are cost cutting to deal with the house transfer will take time to advise on such matters?  Not many.  If when you move in the house is riddled with dry rot, will the fact that you saved £75 on dealing with the conveyancing online seem a bargain?  I think not.</p>
<p class="art-postheader">The dreaded &#8220;claims management company&#8221; will happily sell your claim to a no win no fee lawyer.  The lawyer then is driven to settle the claim as soon as possible to recoup his outlay.  The fact that you are still suffering, or that the offer is too low, will not deter them from settling your claim at little benefit to you.</p>
<p class="art-postheader">These failures driven by finance and fee cutting are fine if you are not the loser.  If you are the loser, what is your remedy?</p>
<p class="art-postheader">It may be that you won’t want to trust another lawyer, but these firms can be brought to book by you.  If the steps taken are not such as would have been taken by a reasonably competent lawyer, then you can seek redress through the Courts. The claims are not usually too complex but you have six years from the agreement with the lawyer, or three years from when you found out that you had been let down.</p>
<p class="art-postheader">The only way that standards can be rolled back to the days of oak panelled offices and lawyers wearing suits, is to take action against these firms. Too many clients have known the heartache of putting their trust in cost-cutting firms to allow it to continue.</p>
<h2 data-fontsize="20" data-lineheight="27">If you would like to discuss a potential claim call St Helens Law 01744 385171 or <a href="https://www.sthelenslaw.co.uk/contact/" target="_blank" rel="noopener noreferrer">contact us through our website</a>.</h2>
<p>The post <a href="https://www.sthelenslaw.co.uk/news/let-down-by-your-lawyer/">Let Down By Your Lawyer?</a> appeared first on <a href="https://www.sthelenslaw.co.uk">St Helens Law</a>.</p>
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