Our thoughts on current changes in legal aid

As of 1st April 2013 the Government will reduce the legal aid bill by £350million and this will have a considerable impact on family law. This means that people who may have been entitled to legal aid will no longer benefit from this and will be forced to pay their own legal fees following these changes.
 
The implications of this are that for many people forced to attend court for divorces, children and financial proceedings they may have to do so without having a solicitor by their side.
 
We have recently advised a client who came in to see us about some financial proceedings where they represented themselves without any legal advice. The client ended up with a less than satisfactory outcome causing great financial loss. Regrettably, we were unable to assist the client because the final decision had been made.
  
Without knowing your legal rights and the law, many people will find themselves in a similar position because the Courts and Judges are not there to give advice.
 
We fear that the potential outcome following these changes will mean that the Courts will be inundated with people trying to represent themselves and this will delay matters further. Furthermore people will no doubt get frustrated and annoyed and, as a senior Judge stated, “it will lead to people taking the law into their own hands." 
 
What the Government has done is to pledge additional funds for mediation services, as they believe that this should be an alternative way of resolving disputes rather than applying to the Court. Although this method of dispute resolution may work for some, it is not suitable for everyone. We do believe that this will assist in some cases where the parties are willing to negotiate and are amicable to one another, but unfortunately this is not always the case.
 
We believe that solicitors should offer their services on a fixed fee basis where possible to assist those going through a difficult time both emotionally and financially. Solicitors should also offer to deal with cases on a ‘Sears Tooth Agreement’ which involves the client signing an agreement at the beginning of the case confirming that the solicitor can recover their fees in full before the client receives any settlement that is awarded.
 
Pudsey Legal considers each case on its merits and offers a fee package to suit the individual circumstances. This can include anything from fixed fees, fee capping, agreed hourly rates and we can also offer flexible payment terms.

Interview experiences with Crawshaw School

Everyone can remember their first interview and this will certainly be the case for some of the year 12 pupils of Crawshaw School this week.
 
I, along with our Head of Property Seema Gabbi, attended the first of two Interview Experience events as part of Pudsey Legal’s association with the Make the Grade programme which is run by the Ahead Partnership based in Leeds.
 
The event took place at the Leeds Trinity University in Horsforth and required the pupils (lower sixth formers in ‘old money’!) from Crawshaw School travelling under their own steam from Pudsey to Horsforth to attend the mock interview at a pre-arranged time. The pupils were also required to prepare a formal written application in advance of the interview which was for the position of ‘Account Administrator’.
 
"The pupils certainly made a great effort"
 
Each session took the form of a 20 minute formal interview for each pupil followed by a further 10 minutes to provide them with constructive feedback.
  
We were able to advise the pupils on such things as how they greeted us; their use of body language; their verbal skills and particularly on whether they tried to sell themselves for the position.
 
And how did they get on? Well, the pupils certainly made a great effort to arrive smart and punctual and if anything, they had undersold themselves on their application forms.

They were excellent communicators and talked freely about where they wanted to be in the future. I was very impressed to meet a budding entrepreneur and Seema also uncovered a judo star!
 
The second round of interviews shall take place on the 6th March when it will be Farzana’s turn to meet some more of Pudsey’s up and coming talent.
 
All the best,
 
Andrew
Director

Understanding the future of whiplash claims

In December 2012 Chris Grayling (Justice Secretary) publicised new measures for reducing the number of whiplash claims. One of the key proposals to these measures is that the small claims limit be increased from £1000 to £5000.
 
So what does this mean for you?
 
Let’s take a simple road accident as an example; you are waiting at a red traffic light when a driver, who is not paying attention, slams into the rear of your car. Your car is un-drivable and you need a hire car whilst yours is off the road. In addition, you suffer an injury to your neck and are off work and lose pay as a result. The injury is quite severe and causes you problems, possibly for up to two years.
 
It is only fair that you recover any financial losses you have incurred (repair charges, loss of earning etc.). It is also only fair that you receive compensation for the pain and suffering and disruption to your lifestyle.
 
Would you be happy dealing with the claim yourself and negotiating with the insurance company?
 
What happens if the insurance company disputed any part of your claim, would you feel comfortable taking the case to court against an experienced insurance company? Don’t forget they will also have their lawyers to represent them.
 
Or would you feel more comfortable knowing that an expert and independent solicitor was representing you?
 
Under the current process if your injury claim is worth more than £1,000, the other party’s insurance company have to meet your legal costs in full if your claim is successful.
 
Under the proposed new system your injury must be worth more than £5,000 for the insurers to meet your legal costs and the above example would be caught under the new proposals i.e. your legal costs would NOT be paid by the insurers leaving you to either fight the claim on your own or pay the legal costs from your compensation.
 
The government suggest that this new cap on small claims will reduce overall claims for personal injury which in turn will reduce the number of fraudulent claims and, therefore, ensure savings for motorists through reduced insurance premiums.
 
The Motor Accident Solicitors Society has proposed a raft of reforms which would  go a long way to achieving the aims of the government without denying our injured driver access to justice. These can be seen by downloading the PDF below.

Announcing the Hare and Hounds challenge

 
We’re delighted to announce that our first major fundraising initiative for our 2013 charity Pudsey Live at Home,will be the Hare & Hounds Challenge taking place on Saturday 18 and Sunday 19 May.
 
Pudsey Legal director, Paul Kaye, is a keen runner who has completed many marathons, so we’ve decided to give him a bit of a challenge – all in the name of a good cause!
 
Seven members of our team, the Hounds, will cycle approximately 23 miles along the Leeds – Liverpool Canal tow path from Rodley to Skipton, stay overnight and then complete the same route back the following day. Paul, the Hare, will be challenged to run this distance on both days (we’ll give him a slight head start!) to see if he can beat the cyclists.
 
The Hare & Hounds will all be working hard to raise money for this worthwhile local cause and you can sponsor us at our Just Giving page.
 
Founded in 1996 Pudsey Live at Home does amazing work helping older people in the local area to remain independent in their own homes. Pudsey Live at Home organises social activities and groups such as Tai Chi exercise classes, a walking club and computer group to help people keep both mind and body fit and active.
 
We’ll keep you posted on how our training and fundraising is going and look forward to your support. Be sure to check our website regularly for updates – you can even follow us on Twitter @PudseyLegal to see how we are doing

The month of love?

Ahhh February. A romantic month, with Valentine’s Day and Marriage Week all snuggled up in the middle. In the office, romance, at times, hangs heavy in the air. Some make intricate plans and surprises for spouses and partners. Others look forward to being the surprised and delighted party. While a certain further contingent, put frankly, remember the “day of love” at the last minute and pop to the garage for some flowers and a card…

Full marks for the staff member who is handcrafting a card for her loved one on the basis she has no car to shop for one and it is snowing outside. Ahhh love knows no bounds!

Big tick goes to the staff member who is cooking a carefully thought through meal for his wife. This person is known for his cooking prowess (move over J Oliver!) so it doesn’t surprise us that he is sourcing ingredients locally today.

On a more serious note, we read this week that the number of couples taking out “no nups” is soaring. ‘No nups’ are aimed at the increasing amount of couples who live together before getting married. Like pre-nuptial agreements (and often called “cohabitation agreements”), no nups  can help couples to discuss and agree what happens to assets should they spilt as well as lay out who pays for what in terms of bills and expenses during the relationship.

A “try harder” badge goes to someone who has not only failed to plan romantic gestures for her partner but has also secured his agreement to ignore Valentine’s Day completely! Mind you, she is pregnant, so surely that is the ultimate romantic gesture?

The growth in these contracts is a sign of our times as social trends have to adapt in response to economic realities. More and more couples co-habit rather than marry as this is a cheaper option. More and more couples need the financial support of their parents to pull together a deposit for a house.

And if you’re in the position of “supporting parent”, what if you want to help your child but you’re not exactly 100% in love with their choice of life partner?

If you give money to your child, to put towards a house deposit for example, a cohabitation agreement can take this financial input into account if their relationship breaks down. Parents may then consider further legal advice if they’d like full financial protection, by way of a “deed of trust” to legally protect their money.

It’s fair to say that most co-habiting couples don’t think about protecting themselves if things fall apart. However, many more would if they saw how simple the process is to set up a cohabitation agreement. This is an area of law we think will grow. Some may see that as a sad thing. We see it simply as taking sensible and practical steps to safeguard you and your family’s future – whether you’re a supporting parent or the one in the relationship.

Why it’s important to make a will

Pudsey Legal Picks ‘Pudsey Live at Home’ as its 2013 Charity of the Year

To mark the start of a fresh new year in Pudsey, Pudsey Legal is delighted to announce that it will be supporting Pudsey Live at Home as its charity of the year in 2013.

Founded in 1996 the organisation does amazing work helping older people in the local area to remain independent in their own home. Pudsey Live at Home organises social activities and groups such as Thai Chi exercise classes, a walking club and computer group to help people keep both mind and body fit and active.

Nigel Beck, Founding Director of Pudsey Legal explains, “We choose Pudsey Live at Home because of the excellent work that it does in our community to help older people live an active, independent life. With over 400 members and 55 volunteers in our local community, Pudsey Live at Home is thriving and we look forward to supporting them in 2013.”

Pudsey Live at Home offers a comprehensive signposting service run in association with West Yorkshire Police called Casac, which provides a list of local suppliers and companies who have been police-checked and have promised to deliver good work at a reasonable cost.

Another useful facility provided by Pudsey Live at Home is the organisation of monthly Dementia Cafes, which provide somewhere social for people with Alzheimer’s and other forms of dementia to go with their carer. These events are attending by someone from the Alzheimer’s Society so there is always a professional available for carers to talk to. The organisation also organises outings such as day trips to the seaside, markets and trips to the theatre.

Pat Manning, Manager of the Pudsey Live at Home Scheme said, “We are delighted with the support we are receiving from Pudsey Legal. As a firm of solicitors, they are involved in all aspects of local community life here in Pudsey and we look forward to working with them this year.”

Cash for Clubs: Sign up, support and save!

Pudsey Live at Home is our charity of the year for 2013

How to keep the peace after Christmas

Christmas can be a stressful time which can make or break relationships. Here, our family law department gives advice on how to cope if you’ve experienced relationship difficulties over the Christmas period.
 

“As well as the joy and happiness that Christmas brings, it can also bring a lot of stress and strain. Traditionally there is a rise in the number of people starting divorce proceedings in January after putting a brave face on things to get through the festivities. Spending long periods of time with family members and the financial cost of Christmas can sometimes bring things to a head. Celebrities are not immune and we saw Heidi Klum and Seal separate in January 2012 after nearly seven years of marriage whilst Russell Brand filed divorce papers on December the 30th 2011 to end his marriage to Katy Perry.
 

If you’ve found the festive period taxing on your relationship, here are some simple tips which might make all the difference in the New Year:
 

• Once all the relatives have gone, plan some things to do together so that you have some quality time together
   
• If you’ve had a hectic Christmas doing lots of entertaining, try and have a more relaxing new year so that you don’t continue to feel stressed
   
• Find a new hobby to do together in the New Year, especially if one or both of you have the ‘back to work’ blues.

It’s a fact that Britain has the highest divorce rate in the European Union Latest figures show that the number of divorces in 2011 was highest among men and women aged 40 to 44, suggesting mid life crisis could also be a key factor driving marriage splits. If you feel as though you need some support and help with your marriage, think about mediation, which is a voluntary and confidential way to try and resolve disputes  with your partner.
 
Relate is a mediation organisation which has helped thousands of people to decide what is the best next step for them and their partner. They have over 30 years of experience and I often refer couples to Relate so that they can feel sure, with the support of impartial, objective advice and guidance, that they’ve done all they can to make the right decision about the future of their marriage.

Happy New Year from everyone at Pudsey Legal

We just wanted to take a moment to wish everyone a very happy New Year.
 
We hope that you’ve had an enjoyable Christmas with your friends and family and look forward to seeing you all in 2013.

Shop 'til you drop?

Happy Christmas from everyone at Pudsey Legal

Christmas is almost here and we hope that you’re all as excited as we are! We wanted to wish all our customers and friends in Pudsey a very merry Christmas and a happy and healthy 2013.
 
2012 has been a fantastic year for us, culminating in the re-launch of our business in November from Kayes Solicitors to Pudsey Legal and the opening of a second office – our head office - at the Thornbury Barracks roundabout on Bradford Road. As part of the re-launch we recruited four new experts in family law, conveyancing, personal injury and wills and probate, enabling us to provide a much wider range of services to our local community.

We’ve also had some fantastic results recently with the charity initiatives that we’ve supported. In November we took part in Will Aid’s ‘Make a Will’ month and raised over £1,500 for well-known national charities whilst more recently we supported the local community by collecting 50 gifts for the Junior Chamber International’s Secret Santa Appeal.
 
In the meantime, enjoy your Christmas and we look forward to seeing you in 2013.

Secret Santa Success

 
We’re delighted to report that our support of the Secret Santa initiative, organised by the Junior Chamber International (JCI Bradford), has been a huge success.  Thanks to generous clients and members of staff we’ve collected 50 presents for the appeal, which helps disadvantaged children across the Bradford area.
 
On Tuesday, Philip Cavalier-Lumley, the JCI Bradford Appeal Project Manager came to our new Cringlebar House office to collect all the presents that we’ve collected over the past few weeks.  Thanks to everyone who took part and helped to contribute towards making this a success.  The initiative has been running for 24 years and we hope that our contribution has helped the children in our region.
 
Philip told us, “We are delighted that Pudsey Legal has supported the JCI Bradford Secret Santa Appeal this year.  Their new office on the Thornbury Barracks roundabout is ideally situated between Leeds and Bradford and we are grateful to the people of Pudsey and the surrounding area for their generous contributions”.
 
The countdown to Christmas really is on and we hope you’re all getting in the festive spirit as much as we are.  We’ll be posting again next week to let you know our opening hours over the Christmas and New Year holidays. Bye for now!

Changes to the world of Personal Injury claims