Author: Mark Reynolds

In an employment tribunal situation, it is not uncommon for a last-minute settlement to be made. On the one hand, this can be a good thing, especially if you can come to a mutual agreement with your employer and it saves you both the hassle of going through the hearing. On the other hand, it can be fraught with problems, especially if you have nobody representing you.

Before the hearing starts a representative of the employer may approach you to try and reach a settlement. If you have a representative then they will handle this discussion on your behalf and ensure that your best interests are represented. If you don’t have a representative then this kind of situation can you leave you on the back-foot and totally unprepared for the negotiation.

It is easy to get intimidated in this type of scenario and have pressure put on you by the employer to withdraw your case or settle. At no point should you agree on a settlement without knowing the full implications and if you do reach an agreement then it is imperative that you ask the tribunal to record the terms of the settlement. By doing this you will have a recorded document of the settlement and you will be able to hold your employer to account if they don’t carry it out.

If you are in the process of taking your employer to a tribunal then it is in your best interest to seek legal representation. At Mark Reynolds Solicitors we have many years experience in representing employees and we will guide and support you throughout the process. And in the event of a last minute settlement being made, we will ensure that your best interests are represented and that any settlement that it made is worked to your advantage. Contact us now to discuss your case with us.

Mark Reynolds Solicitors were delighted to have been part of last year’s Will Aid scheme and have raised a grand total of £2875 for the charity.

Will Aid was founded in 1988 as a nationally run initiative designed to raise money for charity by harnessing the skills of Solicitors to help those in need. Solicitors waive their fees for will writing and people are instead encouraged to give a donation to Will Aid.

Since it was launched it has raised over £17.2million, with last year seeing £1.6million in donations.

Will Aid divides donations between nine charities: Action Aid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, SCIAF, Sightsavers and Trõcaire.

Making a Will is an extremely important step in anyone’s life but many people do not like the thought of doing so and instead prefer to put the task off. Here at Mark Reynolds Solicitors, our friendly and approachable Lawyers are experienced in dealing with such sensitive matters and will ensure the process is as painless as possible.

If you are interested in either making your first Will or if you need to make a new Will to reflect changes in your life, then please do not hesitate to make an appointment at any one of our offices in Leigh, Liverpool, Runcorn or Warrington by telephoning Laura Campbell on 01942 260 228.

Protected parties and children involved in clinical negligence and personal injury cases will not be named publicly unless it’s absolutely necessary, ruled the Court of Appeal this month.

Previously, personal injury and medical negligence claimants were automatically named unless they formally applied for anonymity and submitted it to the Press Association news agency. Now the Court of Appeal has reversed the procedure, meaning claimants aren’t named unless it is completely vital.

The landmark decision protects children and vulnerable adults against potential harassment from both the press and the public. Default anonymity will now be routine practice, except in rare circumstances where the court isn’t satisfied or if anonymity is inappropriate for the individual case.

The Court of Appeal commented, “There was a force in the argument that in the pursuit of open justice the court should be more willing to recognise a need to protect the interests of claimants who are children and protected parties, including their right and that of their families to respect for their privacy.”

Mark Bowman, medical negligence and personal injury partner at European firm Fieldfisher, stated, “It is fantastic to know that as a result of our appeal that not only my client but claimants all over the country will now be able to pursue medical negligence or personal injury claims without the fear or worry that at the end of their claim, their name and address will be plastered all over the internet for all and sundry to see,’ Bowman added.”

“It is only right that the public should know that a defendant has had to pay out substantial compensation to an injured claimant, but there is no public interest in knowing who the claimant is or where he or she lives.”

Have you experienced a personal injury or clinical negligence? Get in touch with Mark Reynolds Solicitors today to see how we can help you.

Our client was involved in a road traffic accident where the insurers were looking to sweep his accident under the carpet and offer £1000.00 in settlement. We obtained suitable medical evidence from an experienced Consultant Orthopaedic Surgeon and obtained in excess of £4,500.00 for our client.

Further to this, our client’s damages cheque arrived only 74 days after submitting his claim to the defendant’s insurer.

While case law suggests that any defect under an inch is not actionable, the Council’s disclosure came back which suggested they did not repair a defective area of the pavement mentioned in a previous inspection.

We issued proceedings against the Council on the basis that the accident happened on a busy suburban road in Liverpool and no matter what the depth of the defect, our client had a genuine accident.

We obtained in excess of £8,000.00 for our client. While the Council may say they took ‘such care as in all the circumstances was reasonably required’ (see: s.58 Highways Act 1980), it does not always mean that they actually did.

– Robert Hughes

 

Unfortunately, accidents at work are fairly commonplace with many resulting in long absences at work and in some extreme cases, fatalities. We have compiled this list of the usual suspects:

Trips and slips – this is one of the most common scenarios with slippery reception areas, toilets and factory floors being the main culprits.

Falls – falling off ladders, scaffolding, platforms and stairwells are the biggest problems in this category.

Back and Neck injuries – usually associated with heavy lifting and lack of training.

Cuts – sawing equipment and machinery with moving parts tend to be the main issues here.

RSI (Repetitive Strain Injury) – sometimes referred to as Carpal Tunnel Syndrome, this is often associated with repetitive use of computer keyboards but it covers any activity that involves repetitive motion of the joints.

Burns – chemical burns tend to be the main culprit here, particularly in factories and laboratory settings. Burns are also common with welding torches, equipment overheating and in workplace kitchen and café settings.

Toppling accidents – this happens when there is inappropriate stacking of materials and unsecured shelving. This scenario can often be extremely dangerous depending on the materials involved.

Impact/Crash injuries – accidents involving company vehicles, tractors, cherry-pickers and not following average speed guidance in workplace settings are common issues.

Loss of hearing – problems caused by constant exposure to loud noise usually in industrial settings is the main problem here.

Inhalation of fumes – breathing in dangerous chemical and fumes usually in industrial settings can be a problem. Adverse skin and eye reactions to chemicals/fumes can also be an issue.

The above list is not exhaustive but they are the most common problems that we get to hear about and become involved with. If you have had an accident at work and you need advice about what to do next then please get in touch on 0800 002 9577.

Sometimes the relationship between an employer and employee can get so bad that there is no solution other than for them to go their separate ways. The employer has no legal grounds that would justify the sacking of the employee and the employee feels strongly that, through no fault of their own, the issue with the employer cannot be resolved but they don’t want to suffer the financial difficulties of suddenly losing their job.

In these scenarios, a compromise agreement between the two parties is often the best solution to an unhealthy situation. Essentially, the compromise agreement brings the employment to an end based on a signed agreement by both parties.

The compromise agreement is a legally binding document that usually offers the employee compensation for agreeing to a set of conditions. These conditions need to be agreed by both the employer and employee, signed off, and assurances given that this will draw an end to the matter.

Compromise agreements make the process of ending somebody’s employment as smooth and swift as possible, ensuring that the employer will not face any legal action in the future. From the employee’s perspective, it gives them a way out of the situation with an agreed financial package that compensates them for the loss of their employment.

Compromise agreements can sometimes be difficult to negotiate and reaching a satisfactory conclusion for all parties can be problematical. This is when it pays to engage the services of a legal practice such as Mark Reynolds to support you throughout the process.

If you’re an employee who is in the throes of trying to reach a compromise agreement with your employer and you need advice and support then please get in touch and tell us about your situation. We would be happy to help.

How to Choose Your Personal Injury Solicitor

Finding a solicitor to assist with your legal requirements is no easy task, but this can be even more difficult when you’ve faced personal injury. There’s a lot to think about, including your recovery, but it’s extremely important to find a solicitor who can represent you well, to ensure the best possible outcome. Here are a few things to consider when choosing your personal injury solicitor.

Can You Trust Them?

The most important factor when looking for a personal injury solicitor is trust. You must find someone you can trust, as you will be sharing personal information and relying upon them to get the best results possible. How do you know you can trust your solicitor? This is a decision only you can make. Before you commit to working with someone, take some time to discuss your situation first. Do they seem genuinely interested in helping you succeed with your case? If you’re not convinced, consult with alternative personal injury solicitors until you find the right one for you.

Are They Experienced?

There are a large number of personal injury solicitors available in the UK, each with different areas of interest and expertise. Look for a personal injury solicitor with experience in a relevant area of personal injury law. If you’ve experienced an injury at work, for example, it’s important to find a solicitor that’s familiar with this area of the law. They will be able to accurately identify any areas of negligence by your employer, providing you with the best possible chance of success.

What Will It Cost?

A good personal injury solicitor will be upfront about their fees when you meet to discuss your requirements. Don’t be afraid to ask, and make sure they explain their terms in plain English. If you don’t understand something, ask them to continue explaining until you do.

There are numerous categories of compensation that can be claimed when filing a personal injury claim. These include:

Loss of earnings

General damages

Loss of amenity

Being disadvantaged in the labour market

And many more….

Even damages which are particularly difficult to specify and calculate can be claimed for if you work with a specialist solicitor such as Mark Reynolds.

The rules surrounding making a personal injury claim dictates that you must bring the claim within 3 years of the date of the accident. Any claim made after 3 years could potentially be refused by the courts. As in most points of law, there are some exceptions to this rule;

• If the claimant is under 18 years old when the accident happened, the 3-year time limit actually begins on the day he or she turns 18.
• If you incur unforeseen injuries or ailments as a result of the accident at a later date then you will be able to claim beyond the 3-year limit.

Who you can make your personal injury compensation claim against depends on where the accident happened:

• in the event of a road accident injury you can claim compensation against the other driver and be compensated through their car insurance
• in the event of an accident at work you can claim against your employer
• in the event of an accident at a retail outlet or on private property you can claim against the owner of the property
• in the event of an illness caused by the purchase of a product you can claim against the manufacturer of the product
• in the event of an accident due to clinical negligence you can claim against the medical practitioner

The above outlines the most common examples of when people make personal injury claims. If you believe that you have a good case to make a personal injury claim and need some professional advice on what your options are then please get in touch.