22.5.13

Book Recommendation: The Unlikely Pilgrimage Of Harold Fry


Longlisted for the Man Booker Prize 2012: 'The odyssey of a simple man, original, subtle and touching' - Claire Tomalin
When Harold Fry leaves home one morning to post a letter, with his wife hoovering upstairs, he has no idea that he is about to walk from one end of the country to the other.
He has no hiking boots or map, let alone a compass, waterproof or mobile phone.
All he knows is that he must keep walking.
To save someone else's life.
'Wonderful' - Guardian
Available from Amazon

15.5.13

Book Recommendation: Friends at Court


Roger Thursby is prospering in the legal profession and is about to be made a Queen’s Counsel. In this brilliantly funny sequal to Brothers in Law we follow him through a further series of hilarious legal highs and lows.



Available from Amazon

14.5.13

Thousands of Lawyers Quit Amidst Financial Woes

Brought to you by our friends at Walker Prestons Solicitors

Almost 3% of lawyers in the UK could not afford to renew their practising certificates in December and have had their licences revoked. Just shy of 3,500 solicitors have decided to leave the profession according to finance provider Syscap.

It is reported that a combination of factors including banking difficulties, cuts in legal aid and the increasing costs of practising certificates have led to the widespread migration. The price for a single lawyer Practising Certificate was £1,561 in 2001. This price jumped to £2,201 in 2012, a rise of more than 35%. Despite this significant increase, Syscap chief executive Philip White described the revelation as surprising.

White reasoned: “The scale of this year’s exodus from the profession is surprising. It suggests that smaller law firms may be under more financial pressure than anyone thought. Stricter capital adequacy requirements have forced banks to rein in their lending to small businesses, and small law firms have been hit hard by this.”

With the banking industry embroiled in scandal and struggling with the double dip recession, cash injections have become incredibly difficult to come by. This has become a stumbling block for small, new businesses hoping to aid growth or continue trading at their current pace
This news comes during a difficult year for small law firms and personal injury solicitors. Changes to legal regulations have inhibited their business and may prohibit clients from seeking their services. The ban on referral fees has led to a reported 20% of law firms in the North West of the UK considering ceasing operation.

Law firms who help individuals make
claims for hearing loss, road accidents and injuries at work have been penalised by changes to the RTA Portal. These changes look set to make it far less financially rewarding for those seeking compensation, which could inhibit their desire to contact a law firm to work on their behalf.

8.5.13

Book Recommendation: Letters to a Law Student: A Guide to Studying Law at University


Letters to a Law Student relays all that a prospective law student needs to know before embarking on their studies. It provides a useful guide to those considering a law degree or conversion course and helps students prepare for what can be a daunting first year of study.



Available from Amazon

1.5.13

Book Recommendation: Legal Skills


Legal Skills encompasses all the academic and practical legal skills essential to the law student in one manageable volume. It is an ideal text for first year law students and is also a valuable resource for those studying law at any level. Clearly structured in three parts, the book covers the full range of legal skills you will need to succeed from the beginning of your law degree, through your exams and assessments and into your future career. The first part covers 'Sources of Law' and includes information on finding and using legislation, making sure you understand where the law comes from and how to use it. The second part covers 'Academic Legal Skills' and provides advice on general study and writing skills. This part also includes a section on referencing and avoiding plagiarism amongst a number of other chapters designed to help you through the different stages of your law degree. The third and final part is dedicated to 'Practical Legal Skills'; a section designed to help you to develop transferrable skills in areas such as presentations and negotiations that will be highly valued by future employers. The book contains many useful features designed to support a truly practical approach to legal skills. Self-test questions and diagrams are set in a user-friendly colour design. More extensive activities give you the opportunity to take a 'hands on' approach to tackling a variety of legal skills from using cases to negotiation. Each skill is firmly set in its wider academic and professional context to encourage an integrated approach to the learning of legal skills. Online Resource Centre Legal Skills is accompanied by an innovative online resource centre offering a range of resources to support teaching and learning. Video clips of good and bad 'real life' moots in action bring the subject to life for students. Practical exercises appear throughout the book so you can test yourself on your essay writing, problem solving, revision and exam skills. Examples of good and bad answers to these exercises appear on the online resource centre providing insight into the varying approaches that can be taken to the same question with commentary on the strengths and weaknesses of each answer. Lecturers can track student progress using an online bank of 200 multiple choice questions offering immediate answers and feedback that can be customised and loaded on to the university's VLE.
Available from Amazon

24.4.13

Book Recommendation: Decline and Fall (Penguin Modern Classics)


With his distinctive dark wit, Evelyn Waugh's Decline and Fall is a masterful social satire sending up the social mores of 1920s England, edited with an introduction by David Bradshaw in Penguin Modern Classics.
Expelled from Oxford for indecent behaviour, Paul Pennyfeather is oddly unsurprised to find himself qualifying for the position of schoolmaster at Llanabba Castle. Hi colleagues are an assortment of misfits, including Prendy (plagued by doubts) and captain Grimes, who is always in the soup (or just plain drunk). Then Sports Day arrives, and with it the delectable Margot Beste-Chetwynde, floating on a scented breeze. As the farce unfolds and the young run riot, no one is safe, least of all Paul. Taking its title from Edward Gibbon's Decline and Fall of the Roman Empire, Evelyn Waugh's first, funniest novel immediately caught the ear of the public with his account of an ingĂ©nu abroad in the decadent confusion of 1920s high society.
Available from Amazon

17.4.13

Book Recommendation: The Dawn Patrol


Boone Daniels is a laid-back kind of private investigator. He has sleuthing skills to burn but is rarely out of his boardshorts, and with a huge Pacific storm approaching San Diego, Boone wants to be there to ride the once-in-a-lifetime waves with his buddies in the Dawn Patrol. Unfortunately he's just landed a case involving one dead and one missing stripper, but with the help - or hindrance, Boone thinks - of uptight lawyer Petra Hall, he's determined to wrap it up in time for the epic surf.
But all sorts of trouble follows with Hawaiian gangs and trafficked Mexican girls, as the case turns dark and personal, raising ghosts from Boone's troubled past and dragging in Sunny and the rest of the Dawn Patrol. The currents turn treacherous on land and at sea as the big swell makes landfall, and Boone has to fight just to keep his head above water...
Available from Amazon

10.4.13

Book Recommendation: How the Law Works


How the Law Works is a refreshingly clear and reliable guide to today’s legal system. Offering interesting and comprehensive coverage, it makes sense of all the curious features of the law in day to day life and in current affairs.
Explaining the law and legal jargon in plain English, it provides an accessible entry point to the different types of law and legal techniques, as well as today's compensation culture and human rights law. In addition to explaining the role of judges, lawyers, juries and parliament, it clarifies the mechanisms behind criminal and civil law.
How the Law Works is essential reading for anyone approaching law for the first time, or for anyone who is interested in an engaging introduction to the subject’s bigger picture.
Available from Amazon

3.4.13

Book Recommendation: Lawyers Uncovered: Everything You Always Wanted to Know, But Didn't Want to Pay £500 an Hour to Find Out


The funny and subversive 'Queen's Counsel' cartoon strip has appeared on the law pages of "The Times" since 1993, delighting the legal profession and general readers alike with its accurate and biting send-up of the profession and its practices. Here - allegedly! - is the best of them. In these pages, readers will delight in Geoffrey Bentwood QC, who specialises in boring his clients to death, while not-so-secretly longing to be promoted to the bench; his sidekick, Edward Longwind, who takes lessons in pomposity from Sir Geoffrey; Richard Loophole of Loophole and Fillibuster who does his best to bankrupt his clients, while working his associates to death and pretending to remember some of the law he learned at school; and at the mercy of all of them is the luckless Mr Sprocket, the endlessly unsuccessful litigant whose lawyers will not rest until they have spent all of his money. This work features the best of the 'Queen's Counsel' cartoon strip from "The Times".
Available from Amazon 

2.4.13

Protecting Florida's Personal Injury Law From Fraud

Consideration was received for the editing and publishing of this post


Florida’s personal injury law has good intentions but it's become susceptible to fraud. It helps anyone who's injured in accidents collect money to pay for treatment. However, many cases of fraud has pushed insurance companies to raise premiums, hurting insurance policy holders as a result.

Getting to know personal injury law
 
Everyone needs to have coverage. No one can tell when an accident will happen, so it's best to be prepared.

How injured individuals can collect damages

Anyone who’s injured—from vehicular accidents, slip and fall, and even dog bites—will have the right to get access to medical treatment and claim damages and even file a lawsuit against another individual (or company) who caused the injury.

Under the law, individuals who were injured as a result of another person's negligence can claim money as damages as long as he acts quickly. He must:
-  Write everything about the accident/injury
-  Get the names and contact details of potential witnesses
-  Provide evidence of the injury, like photos
-  Get in touch with a personal injury firm, like the Killino Firm Miami branch

A lawsuit should be filed within the statute of limitation, or the deadline in which a case can be filed.  It should be easy to collect damages as long as you prove that the other party has caused the injury.

An exception in Florida’s personal injury law

Florida is considered a No Fault state and that has a significant impact on the state automobile injury laws.

Here, anyone who’s been in a car accident can collect money for medical treatments and damages, regardless of who caused the accident.

That means even if you are the cause of a car crash, you’d still be eligible to get paid. Drivers in Florida are required to have Personal Injury Protection (PIP) policy. The minimum amount of coverage per person is $10,000.

The insurance can be used to pay for medical treatments. Aside from that, you can also file a case against the other party if you suffered serious injuries, to collect compensation for losses incurred. Examples include lost wages caused by being away from work, medical expenses (past, current, and expected), emotional distress, and other costs that resulted from the injury.

Problem with Florida’s personal injury law

Although the No Fault coverage sounds good because it assures that you are guaranteed to get money, it opens the possibility for fraud. The law has very good intentions but the current situation has caused distress to insurance holders.

The premiums have increased significantly and drivers are having a difficult time paying for the insurance. How’d that happen?

It’s because of the nature of the injury law. Because anyone is eligible to get compensation, fraudulent individuals have devised so many ways to collect money even when there’s really no accident.

People can fake car accidents, wrongfully declare the medical costs, adding occupants to the reports, solicit money for accepting treatment, and refer patients to medical providers in exchange for something.

All these have pushed insurance companies to shell out millions of dollars and as a result, they’re forced to raise the premiums insurance holders have to pay. According to data from the Insurance Information Institute, the number of new drivers during the 2006 – 2010 period has remained the same while the recorded collisions actually went down. However, the number of PIP claims has increased and a huge amount has been referred to the Division of Fraud.

Obviously, something needs to be done. And just recently, a new law has been passed that set new limitations on how much a person can get after getting into a car accident. Hopefully, this new bill would fix the problem with fraud claims and keep insurance premiums affordable.

27.3.13

Book Recommendation: Tales from the Courtroom

Court-room dramas hold an endless fascination, but they are often a pale shadow of the real thing. Consider for example the case of the young man who, after being acquitted of his girlfriend’s murder, was challenged by the dead girl’s brother in a procedure which had not been used since the middle ages. It failed, but the facts of the case were recalled over a century later by another tragedy, which eerily mirrored them. Or the case of the vicar’s son convicted of cattle mutilation who was cleared, not as a result of diligent police work, but by the creator of England’s most famous fictional detective. This book contains a number of ‘unsolved mysteries’, like the murder of a magistrate which nearly ended the career, even the life, of Samuel Pepys. Other curiosities concern the quaint rules by which pirates were once bound and Parliament’s continuing concern for outlaws’ rights. Even the foggier crannies of the law can offer up their amusements, like the rhyming will which was put up for probate and the extraordinary story of how the law of cremation was reformed by an eccentric Welsh doctor and a Hindu ex-soldier. Told by a retired barrister, the tales in this book illustrate the role of the law in resisting oppression, whether from robber barons or modern governments. Selected for their intrinsic interest, the tales highlight lessons concerning the nature of justice and the diversity – sometimes the unknowability - of human conduct.

Available from Amazon

20.3.13

Mental Health and Medical Negligence


Brought to you by our friends at Pryers Solicitors

Mental health patients are more vulnerable than other patients in that they tend to see a wider range of specialists – GPs, counsellors, mental health practitioners, psychiatrists, social workers and hospital staff. Because they see a wider range of specialists, unfortunately, it is more likely that something will slip through the net. Because individuals with mental health problems may also have difficulty in communicating, this can make them even more vulnerable. Although every patient in the country is entitled to the same standard of care, regardless of their mental health status, occasionally the standard of their care can fall below par.

Mental health patients are already very vulnerable, and if the duty of care towards them fails – for example, if a doctor fails to diagnose a serious mental illness, if a psychiatrist fails to use the appropriate techniques to help the patient cope with their illness, if a hospital worker fails to detain a seriously mentally ill patient or if a GP fails to prescribe the right medication for a mentally ill patient. In all of these situations, the medical professional failed in their duty of care towards the patient and therefore, a medical negligence claim can be made.

When it comes to the care of mentally ill patients, doctors have to be especially sensitive in their duty of care. Because mentally ill individuals are more vulnerable, if someone fails in their duty of care towards them, this could lead to a serious deterioration of their mental health and in severe situations, this could lead to self-harm, suicide or even to the patient harming others. It could also lead to the development of a different mental health condition, or to the worsening of an existing mental health condition which could cause a secondary condition. For example, if a patient has schizophrenia, but this fails to be diagnosed or it goes untreated, this could lead to depression.

In this situation, in order to successfully make a claim, the claimant must be able to prove that the worsening of their condition (or the condition of the person that they are making the claim on behalf of) was directly caused by the negligence of the medical practitioner – and that their condition would not have worsened naturally without the intervention of the doctor. If an individual with mental health problems died as a direct result of medical negligence, it may be that someone else can make a claim for compensation on their behalf – for example, their husband or wife, or their mother or father.

If you want more information about mental health and making a claim for medical negligence, speak to a solicitor specialising in medical negligence claims.

Dental Negligence Claim Time Limits


Brought to you by our friends at Axiclaim

If you've had substandard dental care, or if your dentist or dental nurse has been negligent in their care towards you, resulting in an injury or the contraction of an illness or a disease, you might well be able to make a claim for compensation – as long as you can prove that the injury, illness or disease you are suffering from would not have otherwise occurred without the intervention of your dentist or dental nurse. However, there is a strict time limit when it comes to dental negligence claims within the UK, and it's very rare that that time limit is extended.


Statute of Limitations
In the UK, the Statute of Limitations was introduced in 1980. This legislation was imposed so that the individual seeking to make a claim had the best possible chance of proving negligence, and so that the individual that the claim is being made against (dentist, dental nurse, doctor) could have the best possible chance of proving that their actions were not negligent. In most cases, this time limit is non-negotiable.

Time Limit
The time limit for dental negligence claims within the UK is three years. This means that you have three years from the date that the injury was first sustained, or three years from the date that you were diagnosed with an illness or disease. However, if you didn't know that you had sustained an injury for a number of months until after you had sustained it, the time limit actually starts on the date that you first knew about the injury. The issue with this is that you may well have to work a little bit harder to prove that you didn't know about the injury at an earlier date.

Are There Any Exceptions?
The only exceptions to this three year time limit are children and mentally incapacitated adults. For children, the three years time limit starts on the date of their 18th birthday, meaning that they have until their 21st birthday to make a claim – this only applies, however, if they are making the claim on their own behalf. If their injury, illness or disease was particularly severe, a parent can make a claim on their child's behalf in order to claim compensation for their child's care. If the child doesn't need the money immediately, it will be put into a trust fund for them to get access to when they turn 18.
The only other exception to the rule is mentally incapacitated adults. If they are unable to make a claim for themselves, the three year time limit may never apply. In general, the adult will have three years from the date that they are able to think for themselves to make a claim. However, a parent or a carer can make a claim on behalf of the adult if the compensation is needed for their ongoing care.

If you have any questions about dental negligence time limits, speak to a dental negligence solicitor for more information.