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Professional negligence case hits agricultural headlines

By Professional Negligence Department | Published: Jun 17,2013

Every year there will be one or two occasions when a professional negligence case reflects something of the way the world is evolving and by doing so presents a picture of humanity being, to some extent, at a crossroads.

It might not be hyperbolic to say that a professional negligence claim being brought by a farmer in Kansas, the United States, falls into that category.

The claimant alleges gross professional negligence on the part of the multinational company Monsanto in relation to reports that genetically modified wheat has been grown outside of official approval and regulatory processes.

As with all claims for professional negligence, there is one crucial detail: the claimant says that farmers have suffered significant financial loss as a result.

“Monsanto has failed our nation’s wheat farmers,” said the farmer’s professional negligence lawyer. “We believe Monsanto knew of the risks its genetically altered wheat posed and failed to protect farmers and their crops from those risks.”

Reportedly, the impact of the contamination has been far-reaching because there has been a detrimental effect on “wheat exports and the price of wheat” as well as the reputation and integrity of wheat farmers. Japan and South Korea have already cancelled their wheat orders from the US.

The discovery of GM wheat was somewhat serendipitous – it was only when a farmer tested crops in a bid to find out why some were resistant to the herbicide glyphosate when scientists discovered the contamination.

Agrarian farming is what has marked and allowed human civilisation to rise, but genetically modified crops could, ultimately, change our whole concept of farming. The outcome of this case could help us decide which path to take at the crossroads.

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Residential skyscraper in the Docklands

By Residential Department | Published: Jun 10,2013

In the next few years the residential conveyancing lawyers at Healys may be helping large numbers of people safely purchase new homes in the London Docklands.

The Canary Wharf Group is reportedly planning on submitting a planning application for a plot of currently unused land in October this year.

The building, if the planning application is successful, will apparently be the first fully residential skyscraper in the area, and be more than 150 metres tall.

Called the Diamond Tower, the block will have 50 storeys, a diamond-pattern external steel-work shell, and will contain 500 flats.

Previously the land had been earmarked for mixed use and was going to have hotels and shops constructed on it. The house purchase solicitors at Healys are pleased to see that, if given the go-ahead, more people will be able to live in this iconic area of the capital.

For legal help while you buy your ideal property in the city, contact Healys residential conveyancing lawyers at their London offices. We are also based in Brighton, and serve the whole of the UK.

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Professional negligence of wills writers prompts calls for regulation

By Professional Negligence Department | Published: Jun 6,2013

Healys LLP Brighton and London professional negligence lawyers have some advice: when you instruct a wills solicitor, go with a reputable specialist.

Not many people know the facts, but as many as 12 percent of all wills providers are unregulated. The consequences of this can be serious – one in five of all wills have at least one mistake, and when it is considered that just one such mistake can invalidate a whole will, the effects of this are not to be underestimated.

And the worst news: the government is not doing anything about the unregulated market, even though the Legal Services Board has urged action.

Desmond Hudson, chief executive of the Law Society, comments, “Consumers have been let down by this deeply disappointing decision. Unregulated providers can carry on writing wholly unsuitable wills, leaving consumers without any recourse when things go wrong.”

From the point of view of professional negligence lawyers, it really does not seem right that someone who has gone to the trouble of writing a will, in which they state their last wishes and testament, should then be treated as having died intestate all because of the incompetence of their wills solicitor or wills writing provider. Not only can this situation cause emotional trauma as well as financial loss, it can also lead to affected parties contacting professional negligence lawyers and becoming involved in unnecessary litigation.

It can only be hoped that the government revisits this decision – soon.

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First-time buyers in competition with the elderly

By Residential Department | Published: Jun 4,2013

A study undertaken by the International Longevity Centre (ILC) has led the organisation to state that if older people moved to retirement properties, there would perhaps be more housing available for first-time buyers.

Healys property conveyancing solicitors in London and Brighton, as well as other conveyancing lawyers throughout the rest of the country, are often contacted by first-time buyers who want to make sure that their move goes smoothly and that they are not making an expensive mistake.

However, due to the fact that elderly home owners often cannot find a suitable retirement property, they might choose to use the money from the sale of their home to help them purchase a smaller house instead.

The result is that young individuals trying to get onto the property ladder may find a lack of suitable and affordable homes to buy, because instead of moving to purpose-built retirement properties, elderly people simply downsize to dwellings which could be ideal for a young couple or family.

A spokesman from the ILC states, “We must all think harder about the sort of housing we are likely to want to live in as we age.

“Too many of us deny the impact of ageing and end up in inappropriate housing.

“Planners and policy-makers must recognise the impact of our ageing society and develop adequate housing.”

Whether you are a first-time buyer, or are enjoying your retirement, the expert and approachable property conveyancing solicitors in Healys’ London and Brighton offices could provide you with their invaluable services.

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Solicitors may see more late divorces fuelled by money worries

By Family Department | Published: Jun 4,2013

Research reported by the BBC suggests that older couples who struggle with their finances are more than twice as likely to suffer relationship breakdown than those whose financial outlook is sound.

As divorce solicitors in London and throughout the UK see more elderly clients becoming embroiled in late divorce, it may become more and more apparent that money matters are significant in the reasons for relationship difficulties for older spouses.

The biannual report from the English Longitudinal Study of Ageing collects data from UK adults aged over 50 and has revealed that unsecured debts, such as credit cards, mail order purchases, money borrowed from lenders, and hire purchase agreements can be a major problem in later life.

Report authors said that where debts had become a problem “a statistically significant decrease in quality of life” was experienced by the respondents. The risk of relationship breakdown, and subsequent divorce, more than doubled for these people when compared with the risk for couples who had maintained manageable finances.

The pattern of relationship breakdown and divorce was not seen in couples whose unsecured credit arrangements were not causing money worries and so, the report states, “this suggests that problem debts could have contributed to the breakdown”.

To find out more about how Healys divorce solicitors in London and Brighton could help you through a late divorce, please click here.

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Domestic violence restraining orders to be enforceable Europe wide

By Family Department | Published: Jun 1,2013

Members of the European Parliament have voted to provide protection for victims of violence all over the EU by allowing restraining orders granted in one European member state to be enforceable in another.

So, a victim of domestic violence who has had a court order granted in London, under UK family law, will, from now on, be able to travel to the continent or Ireland safe in the knowledge that should their abuser try to attack them in an EU country, local authorities will have the power to enforce a UK restraining order.

The new regulation will, in the majority of cases, benefit women, who are the major section of the population who suffer harassment, stalking and gender-based violence.

Euro MP Arlene McCarthy quoted statistics which reveal the extent of the problem. She told Rochdale Online that, in the UK, one in four women will be a victim of domestic violence during their lifetime and that, on average, two women are killed each week by a male who is or has been their partner.

She added, “With over 1 million British citizens living in other European countries it is vital that we are able to respond to the threat of domestic abuse across European borders.”

Family lawyers in London and across the UK can advise victims of violence how the new regulation will affect them and can offer legal help and advice for anyone who feels they, or their children, are at risk of harm from a partner or former partner.

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A housing association could be guilty of professional negligence

By Professional Negligence Department | Published: May 29,2013

Sometimes professional negligence, such as that of an accountant, financial advisor, bank, or solicitor, causes financial loss, inconvenience, and great distress.
However, sometimes professional negligence can place lives at risk, and may even prove fatal.

A reminder of this situation came this week with the story of a Hampshire family who, it is said, could have been killed as a result of a carbon monoxide leak from a gas boiler.

According to the mother of the family, she and her two teenage children suffered months of exposure to the deadly fumes while engineers unsuccessfully tried to address the problem.

Things got so bad that they even became overcome with the telltale signs of carbon monoxide poisoning, nausea, dizziness, and lethargy. However, it was only a visit to Royal Hampshire County Hospital which helped them realise that carbon monoxide poisoning was the cause of their symptoms.

Astonishingly, the housing association responsible for managing the boiler have offered just £50 in compensation – which given the potential impact of the possible professional negligence does seem to fall some way short of recognising the gravity of the situation.

“My son was having daily headaches and my daughter was feeling very drowsy and I was very sick and having dizzy spells at the time,” said the mother.

“There was no sorry for the error or the fact that this could have cost the lives of me and my family,” she said.

“The whole situation has been really distressing. I pay my rent each month and I expect to get a full and complete service when something is wrong. This has been very traumatic and I no longer have faith …due to this negligence.”

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House prices increase in the south

By Residential Department | Published: May 28,2013

Many clients using the services of a Healys residential conveyancing solicitor have mentioned it, and no doubt other house purchase lawyers in the South of England are hearing the same story – house prices have gone up.

Figures from the Office of National Statistics (ONS) show that whereas in Northern Ireland and Scotland house prices reduced by 2% and by 1.7%, in the south it is a different story.

In London prices rose by 7.6% and the South East saw an increase of 3.3% in the last 12 months leading to March this year.

In comparison, the rest of the UK’s house prices augmented by an average of just 0.6%.

This is a tale of two halves not just in respect to north and south, but also regarding buyer and seller.

For those trying to purchase a house, the increased costs can make the dream of owning property seem a little less obtainable, however, people selling their homes at the moment might be pleased to have moved at a time where they could get more money for their home.

Of course, when a person sells their home they must also buy another one, and vice versa, but depending on where they are moving from and too, the price increase in the south may be a burden or a blessing.

With both of our offices based in the south, in London and Brighton, we are ideally placed to help those making the move too or from this half of Britain. Wherever you are in the UK, you could find our services invaluable!

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Pension sharing divorce settlement nightmare ends in victory for divorcee

By Family Department | Published: May 22,2013

A divorcee who was told she must repay almost £100,000 of her divorce settlement has won her claim to keep the pension assets.

At the time of her divorce in 2010 Natalie McNicholas was awarded 50% of her former husband’s pension pot after it had been valued at £622,946 by the company running it, Scottish Widows.

She wisely reinvested the sum of £311,473 into a separate pension fund of her own. However, in 2011 Ms McNicholas received a letter from Scottish Widows informing her that the pension valuation had been miscalculated and that she had been overpaid to the sum of £97,626.

When Ms McNicholas refused to make the repayment Scottish Widows threatened to take the mother of three to court, where they would pursue her for the repayment plus court costs and fees.

After taking advice from the Pensions Advisory Service and obtaining representation from solicitors, the mother, whose youngest child is severely disabled and for whom she is the primary carer, took her case to the Pensions Ombudsman.

The Ombudsman ruled that, as the pension fund payment had formed an intrinsic part of the couple’s divorce settlement and all parties involved had taken the calculation to be accurate, the overpayment should be non-repayable.

The ruling stated, “In reliance on a mistake as to the true value of the pension she has entered into commitments she could not otherwise afford, and is unable to go back and renegotiate the financial settlement or seek to vary the court settlement.”

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Man fined for his poorly maintained home

By Residential Department | Published: May 20,2013

A British man or woman’s home is their castle, and if anything lowers the value of that castle, owners can lose out financially if they come to sell it.

It can be depressing enough when house prices have simply gone downhill since the purchase of the building, but if something preventable has reduced the property’s value, then it can leave proprietors kicking themselves that they didn’t sort the issue sooner.

However, less commonly, house price can tumble due to the negligence of a neighbour.

The residential conveyancing team at Healys recently read about a civil servant who was fined by his local council in Newport for leaving his home in a state of disrepair for four years.

The building, which stands on an up-market road in the area, has reportedly lowered the value of the other houses on the street by an estimated £20,000.

Neighbours complained and the council issued the man with an enforcement notice in 2011, stating that he had to repair or demolish the garage, repaint the home’s window frames, clear the garden of over-grown plants, and make improvements to the front door and roof tiles. After ignoring this enforcement he was prosecuted.

One of the road’s residents stated, “There has been a fire and at times the garden has looked like a jungle.”

Adding, “No one knows much about [the man]. He doesn’t seem to live here. We hope he will now pull his finger out and bring the house up to scratch.”

The solicitors for house purchase at Healys will be interested to see whether the owner makes any of the changes required of him.

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