The UK Coastline is spectacular and varied, and a popular destination for visitors.  They come to explore the beaches, walk cliff top trails, see wildlife and visit seaside towns.  There are about 1,827 miles of accessible coastline in England alone.

The aim of the Marine and Coastal Access Act 2009 (“the Act”) is to make many more stretches of coastline accessible to the public with the ultimate aim of creating a footpath around the entire length of the open coast of England together with areas where people can explore, rest or picnic.

Opening the entire coast of England to public access will put “forgotten” places back on the map.  For a long time now the 630 mile South West Coast path has demonstrated how a long-distance walking route can generate local employment and encourage low-carbon tourism.  But there are no other coastal paths of that length in England, and an audit by Natural England earlier this year revealed that a “satisfactory legally secure path” ran along only 66 per cent of the English coastline.

Current Timetable:

The creation of the coastal path and associated coastal margin was expected to take up to ten years to implement at a likely cost of £50m.  The margin of land to be included under the new right of access would include:

(a)  Land two metres either side of the line of the route;

(b)  All land to the seaward side (including dunes and cliffs);

(c)  Classical coastal features such as cliffs and dunes on the landward side of the route to take the access land up to a suitable boundary (such as a fence) or other physical feature (although this isn’t guaranteed). 

It is now understood that although the route around Britain’s coastline will go ahead as planned the time scale is likely to be delayed.  Only the 14 mile stretch of coast in Weymouth, Dorset will go ahead as planned to be completed by 2012.

The main stumbling blocks to a further roll-out of the Act include objections from landowners and in particular, funding issues.

For more information, please contact Louis Mathers on 01566 772375 or email Louis here.

We will also be organising a series of fundraising events during the year, details of which are to follow.

Parnalls is offering for a limited time the service of registering your property at the Land Registry for a fixed fee of £350.00 plus VAT per residential title or £450.00 plus VAT per agricultural/commercial title. If you have multiple titles, we can offer a discount.

There is also a Land Registry fee based on the value of the property.

For more information please contact a member of our Property Team.

Louis Mathers

Paul Gitsham

Kerry Box

Teresa Scoular

Brenda Johnson

Since the abolition of the Home Information Pack Regulations, the only remaining requirement is for the production of an Energy Performance Certificate .  On 6 April 2012 the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 will come into effect. This amendment to previous legislation makes the following changes:

• An energy performance certificate (EPC) is required on marketing for all properties.
• Written property particulars must include a copy of the full EPC.
• Air conditioning reports must be registered.

EPC required on marketing for all properties

A seller of property must ensure that an EPC is commissioned for the property before marketing a residential property for sale.  The seller must use all reasonable endeavours to ensure that an EPC is obtained within 28 days of marketing the property.  This affects all buildings whether for sale or rent and will include non-domestic buildings.

There will be an obligation to use all reasonable efforts to ensure that an EPC is obtained within seven days of marketing the building (although there will be an additional 21 day period during which the EPC can be obtained, if it has not been obtained within the initial seven day period).

No longer possible to include only the asset rating in written particulars

Once an EPC has been obtained, a person providing written particulars for the sale of residential property (such as an Estate Agent) must ensure that the particulars include the asset rating, or attach a copy of the EPC to the particulars.  This applies to all buildings, whether offered for sale or rent.  It will not be possible to include the asset rating only.

Air conditioning reports

If an air-conditioning inspection report is required, this will need to be lodged onto the central EPC register. A fee can be charged for lodging an inspection report on the register.  For more information visit https://www.epcregister.com/home.html.

Saving provision for residential properties

Residential properties marketed before the EPB Regulations 2011 come into force can still rely on the old regulations as unamended. There is no similar period for non-residential properties.

Penalties for non compliance

Failure to provide an EPC when required by the Regulations means the owner/landlord may be liable to a penalty charge notice.  Trading Standards Officers may act on complaints or undertake investigations.

The penalty for non compliance to include energy information in written particulars of a residential property is £200. In commercial properties a sliding scale is used according to the rateable value subject to a minimum of £500.00 and up to a maximum of £5,000.00.

If you are selling or letting a commercial or residential property then please contact Louis Mathers on mathersl@parnalls.com. 

Manorial Rights are the rights which now or formerly attached to the Lordship of the Manor and stem from feudal times.  The rights concerned are principally in connection with mines and minerals, royalties, sporting rights (hunting, shooting and fishing etc) and the right of the Lord of the Manor to hold fairs and markets.

At the moment Manorial Rights bind a purchaser of land or property whether or not the rights are even known to exist.  Similar to the rights of parochial church councils to claim the cost of repairing the Chancel of some pre-reformation/mediaeval churches, Manorial Rights are regarded as “overriding interests” and can continue to affect land whether or not those rights are registered at the Land Registry. 

However, as from the 13^th October 2013 these Manorial Rights will no longer bind a purchaser of Land if the rights are not registered.  They will continue to bind the land in the hands of someone who owned it before the 13^th October 2013 when no actual transfer of the land has taken place.

In the coming months, and in the run up to October 2013, we can expect to see an increase in applications to the Land Registry for registration of Manorial Rights and those who are entitled to the rights (the Lords of the Manor or those into whose hands the rights have passed) come to realise that the rights could be lost if not registered before that time. 

Very many Manorial Rights (especially reservations of mines and minerals) are already registered and will not need to be registered again.

When the Land Registry receives an application for registration of any of these Manorial Rights they will make the necessary entries on the Title of those affected and subsequently notify the individual land owners that the rights have been registered. 

If you receive a notification from the Land Registry that rights have been registered against your Title you will then have an opportunity to make the applicant prove that the rights exist and that they are entitled to the benefit of those rights.  This could prove to be fairly difficult because the Rrights are ancient and often poorly documented.

If you receive notice from the Land Registry of the registration of Manorial Rights you should, of course, immediately seek legal advice as to how the registration can be challenged and the entries removed if they cannot be substantiated.  Failure to act will mean that the rights will become binding on your land or property and will then subsequently will be binding and affect subsequent purchasers of the property from you. 

Please do not hesitate to contact Parnalls who can offer specialist advice and assistance in these matters whether you wish to protect your own Manorial Rights and make an application for registration before October 2013 or whether you wish to protect your land or property against such registrations. 

Personal Injury in Devon & Cornwall

Leading motoring organisations report that 70% of all cases it assisted with breakdown and other services after an accident related to snow and ice across Devon and Cornwall.

It is particularly hazardous for those who set out onto icy roads in country areas.

This has led to a 100% increase in car accident insurance claims this month alone.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Personal Injury in Devon & Cornwall

Drivers must ensure that they are properly prepared before setting out on journeys in wintery weather conditions to help reduce the risk of injury making an accident claim.

Motoring organisations along with Rospa started their winter initiative in advising drivers in relation to their journey preparations.

Snow has started to fall in the UK and is due in Devon and Cornwall.

Already we have seen fatal accidents caused in car crashes.

GEM Motoring Assist have urged drivers to be careful as we move from mild conditions to dangerous wintery weather.

Reducing speed, avoiding harsh braking and acceleration all assist to avoid personal injury claims arising as a result of motor accidents.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Personal Injury in Devon & Cornwall

Ambulance services nationwide have been forced to budget further millions of pounds to help cope with the ice and snow expected this winter.

Front line ambulances are being fitted with new tyres to improve their speed and grip on the roads and extra 4x4’s are being made available.

Paramedics and Police will operate out of triage tents in various cities in the run up to Christmas.

Given that nationwide ambulance trusts are set to target in getting to 75% of life threatening events and emergency calls within 8 minutes this is a welcome improvement to funding.

Cold weather is a serious hindrance to achieving the targets and can lead to loss of life and claims against the ambulance services for in effect clinical negligence and personal injury.

It is always expected that the number of calls during the wintery conditions is increased but what is in doubt is the degree to which the various services respond to the known increase and fund resources to manage the increase.

Our personal injury specialists are well placed to assist in any incidents that have affected your family and friends in relation to ambulance services deficiencies, whether by way of clinical negligence or personal injury claims.

If you have a car accident in Devon and Cornwall and the emergency services let you down, let us help you manage the process.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

All property owners and those who occupy property have a duty at law to make sure that visitors are not exposed to risk.

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years :-

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren’t clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Many properties are situated within a parish which still has a potential liability for Chancel Repairs.  This is a liability attached to land, including ordinary houses built on that land, usually formerly part of Church or Glebe land in a Parish where there is a Mediaeval Church.

The ancient and historic right of certain churches to be able to claim from land/property owners within a parish a contribution for or towards the cost of repairing the “Chancel” of the church date back to Henry VIII and the dissolution of the monasteries/pre-reformation and has, until recently, been largely forgotten and ignored.

The right of parochial church councils to enforce those claims against individual property or land owners have been regarded as “overriding interests” (in the same way as many Manorial Rights) and are binding on land whether or not the rights are registered at the Land Registry.

However, as from 13^th October 2013 these rights will not bind the purchaser of the land unless they are registered.  Churches have therefore started to look at parish records to identify any potential possible claims which should be registered. 

Unless a property is actually built on former Church or Glebe land or is part of a local Estate or Manor which traditionally has supported the Church financially, the risk of a property owner actually being liable is fairly small.  However, if it is proved that there is a liability, that liability can be substantial.

At present a fairly simple search will reveal whether or not the property is in a parish which continues to have any potential liability and, if so, without further investigation, a suitable Indemnity Policy can be taken out to guard against liability.  The premium on the policy depends on the property and its value (the higher the value the higher the potential liability for claims) and the one-off premium payable ranges from about £45 - £480 for residential property and from about £135 - £2,400 for commercial and agricultural property depending on the nature of the property, its value and its acreage.  A search can be carried out at any time and an Indemnity Policy can be put in place, irrespective of whether or not the property is being sold.  However, once these Chancel Repair liabilities are registered at the Land Registry they will bind the land or property in the hands of any purchaser and it will be too late to obtain any Indemnity Policy against potential liability.

Whilst the risk of liability is still fairly small, the financial burden, if liability is established, can be very substantial, as has been evidenced by some high profile cases reported in the national press.  The liability can run into hundreds of thousands of pounds.

If the Church authorities seek to register a liability against your property you will be notified after the entries on the register have been made and you will have an opportunity of putting the Church to proof of their entitlement, but challenging the rights could prove very difficult and very expensive if the Church authorities have sufficient evidence within their own records to have established that the rights exist. 

We at Parnalls can carry out a simple search for you and put in place fairly low cost insurance but it is important that this be done before the Church applies to the Land Registry to register its rights.

Professional Negligence in Devon & Cornwall

The Supreme Court in 2011 has revolutionised the legal position in relation to expert witnesses.

The President of the Supreme Court, Lord Phillips, the Head of the Supreme Court of the United Kingdom.

This is the position that is formally known as the Senior Lord of Appeal in Ordinary or Senior Law Lord.

Lord Phillips led the Supreme Court in the case of Jones –v- Kaney and that Court swept away protections from expert witnesses who formerly were immune from being sued for negligence and in breach of contract in the work they did on litigation.

Now the duty of care in contracts is owed under Section 13 of the Supply of Goods and Services Act 1982 which implies a term that the expert will exercise reasonable skill and care in carrying out his contractual services as an expert witness.

The duty in the Law of negligence is based on the case of Hedley Byrne & Co Ltd –v- Heller & Partners Ltd where :-

If an expert is negligent where he holds himself out as a skilled and competent person and the Client relies on his advice :-

1. In determining whether to bring or defend proceedings; and/or

1. In considering settlement values; and/or

1. In appraising the risks at Trial; and/or

1. Relies on the expert to give the Court skilled and competent expert opinion evidence.

then from 2011 that expert will be liable to the Client for damages at large.

It is already established law that any solicitor who negligently or in breach of contract under Section 13 selects an inappropriate and/or negligent expert are also liable.

If you have had difficulty with professional negligence of Solicitors and/or expert witnesses in relation to your own litigation then please do not hesitate to contact our litigation team for a free initial consultation on 01566 772375.

Parnalls have assisted St Austell Football Club in achieving grant funding for their new floodlights.   It was announced this week that their first match under floodlights will be played on 27 January 2012.  For more information click here http://www.thisiscornwall.co.uk/St-Austell-given-ahead-play-game-floodlights/story-14402887-detail/story.html

Bullying in the workplace is a nightmare for both employers and employees and has become an increasingly common occurrence in these difficult times.

What is Bullying at Work ?

This normally involves someone trying to press upon or intimidate another worker, often in front of colleagues.

Commonly there is an element of senior staff member exercising power over junior staff members.

Direct.Gov the government website states that it is :-

“Similar to harassment, which is where someone’s behaviour is offensive.  For example making sexual comments or abusing someone’s race, religion or sexual orientation”.

Complaints about bullying are made under the law in relation to discrimination and harassment.

This is not allowed in England and Wales.

Often this can lead to people being forced to resign due to bullying and this is what is called a constructive dismissal claim.

Constructive Dismissal

Where bullying includes abuse, physical or verbal violence, humiliation and undermining someone’s confidence, they are typically :-

Humiliated in front of colleagues.

Physically or verbally abused.

Regularly unfairly treated.

Blamed for problems caused by others.

If you would like an informal discussion with a member of our personal injury team please call us on 01566 772375.

This is the abuse of amongst the most vulnerable people in our society who are in care because they have multiple physical and mental difficulties, often unable to care for themselves or communicate effectively.

In light of the scandals at Castlebeck Care, Blackwell Vale Care Home, Winterbourne View Care Home in Bristol and that of the Solar Centre, these claims are becoming ever higher profile.

There are no less than now 10 staff from the Winterbourne View Care Home to appear in Bristol Crown Court on criminal charges on 15th December 2011 charged with ill treatment and neglect offences under the Mental Health Act.

Our team have developed considerable experience in these matters.

We have for example assisted employers in helping to protect them against wayward staff failing to do their jobs properly and failing to protect residents.

We have also acted for the residents and their families in relation to uncaring care home owners who fail to supply a proper level of service and allowed physical, mental and disability abuse at their premises. In assisting employers we are able to ensure that the contracts of employment and the grievance procedures are just right to manage these difficult processes.

In assisting residents and their families the considerable experience we have garnered over the years makes us well placed to assist in the process of stopping bullying and abuse and ensuring a safe system of care for loved ones and compensation.

If you need advice in relation to these matters call our litigation team for advice on 01566 772375.

Attention – All First Time Buyers

The Stamp Duty Land Tax relief for first time buyers is due to come to an end on 24 March 2012.  The Chancellor, George Osborne, has refused to extend the temporary exemption beyond this date because the move failed to get more people onto the housing ladder.

This means any first time buyers buying property up to a value of £250,000.00 must now complete their purchase by 23 March 2012 in order to still benefit from the exemption.  Completion takes place when the purchase price is paid and the buyer can move into the property.

An exchange of contracts (when the deposit is paid) before the deadline will not be sufficient to take advantage of the exemption. 

SDLT rates and thresholds

Act now!

It is important for first time buyers to act as quickly as possible in relation to any purchase to benefit from the exemption before the deadline.  There are many factors which can affect the timescale of a transaction and here at Parnalls we offer a seamless and proactive approach to Conveyancing.

 A first time buyer can potentially save up to £2,500.00 and here at Parnalls we understand that every penny counts when getting your foot on the first rung of the property ladder.

This is the abuse of amongst the most vulnerable people in our society who are in care because they have multiple physical and mental difficulties, often unable to care for themselves or communicate effectively.

In light of the scandals at Castlebeck Care, Blackwell Vale Care Home, Winterbourne View Care Home in Bristol and that of the Solar Centre, these claims are becoming ever higher profile.

There are no less than now 10 staff from the Winterbourne View Care Home to appear in Bristol Crown Court on criminal charges on 15th December 2011 charged with ill treatment and neglect offences under the Mental Health Act.

Our team have developed considerable experience in these matters.

We have for example assisted employers in helping to protect them against wayward staff failing to do their jobs properly and failing to protect residents.

We have also acted for the residents and their families in relation to uncaring care home owners who fail to supply a proper level of service and allowed physical, mental and disability abuse at their premises. In assisting employers we are able to ensure that the contracts of employment and the grievance procedures are just right to manage these difficult processes.

In assisting residents and their families the considerable experience we have garnered over the years makes us well placed to assist in the process of stopping bullying and abuse and ensuring a safe system of care for loved ones and compensation.

If you need advice in relation to these matters call our litigation team for advice on 01566 772375.

Attention – All First Time Buyers

The Stamp Duty Land Tax relief for first time buyers is due to come to an end on 24 March 2012.  The Chancellor, George Osborne, has refused to extend the temporary exemption beyond this date because the move failed to get more people onto the housing ladder.

This means any first time buyers buying property up to a value of £250,000.00 must now complete their purchase by 23 March 2012 in order to still benefit from the exemption.  Completion takes place when the purchase price is paid and the buyer can move into the property.

An exchange of contracts (when the deposit is paid) before the deadline will not be sufficient to take advantage of the exemption. 

SDLT rates and thresholds

Act now!

It is important for first time buyers to act as quickly as possible in relation to any purchase to benefit from the exemption before the deadline.  There are many factors which can affect the timescale of a transaction and here at Parnalls we offer a seamless and proactive approach to Conveyancing.

 A first time buyer can potentially save up to £2,500.00 and here at Parnalls we understand that every penny counts when getting your foot on the first rung of the property ladder.

The ancient and historic right of certain churches to be able to claim from land/property owners within a parish a contribution for or towards the cost of repairing the “Chancel” of the church date back to Henry VIII and the dissolution of the monasteries/pre-reformation and has, until recently, been largely forgotten and ignored.

The right of parochial church councils to enforce those claims against individual property or land owners have been regarded as “overriding interests” (in the same way as many Manorial Rights) and are binding on land whether or not the rights are registered at the Land Registry.

However, as from 13^th October 2013 these rights will not bind the purchaser of the land unless they are registered.  Churches have therefore started to look at parish records to identify any potential possible claims which should be registered. 

Unless a property is actually built on former Church or Glebe land or is part of a local Estate or Manor which traditionally has supported the Church financially, the risk of a property owner actually being liable is fairly small.  However, if it is proved that there is a liability, that liability can be substantial.

At present a fairly simple search will reveal whether or not the property is in a parish which continues to have any potential liability and, if so, without further investigation, a suitable Indemnity Policy can be taken out to guard against liability.  The premium on the policy depends on the property and its value (the higher the value the higher the potential liability for claims) and the one-off premium payable ranges from about £45 - £480 for residential property and from about £135 - £2,400 for commercial and agricultural property depending on the nature of the property, its value and its acreage.  A search can be carried out at any time and an Indemnity Policy can be put in place, irrespective of whether or not the property is being sold.  However, once these Chancel Repair liabilities are registered at the Land Registry they will bind the land or property in the hands of any purchaser and it will be too late to obtain any Indemnity Policy against potential liability.

Whilst the risk of liability is still fairly small, the financial burden, if liability is established, can be very substantial, as has been evidenced by some high profile cases reported in the national press.  The liability can run into hundreds of thousands of pounds.

If the Church authorities seek to register a liability against your property you will be notified after the entries on the register have been made and you will have an opportunity of putting the Church to proof of their entitlement, but challenging the rights could prove very difficult and very expensive if the Church authorities have sufficient evidence within their own records to have established that the rights exist. 

We at Parnalls can carry out a simple search for you and put in place fairly low cost insurance but it is important that this be done before the Church applies to the Land Registry to register its rights.

At the moment Manorial Rights bind a purchaser of land or property whether or not the rights are even known to exist.  Similar to the rights of parochial church councils to claim the cost of repairing the Chancel of some pre-reformation/mediaeval churches, Manorial Rights are regarded as “overriding interests” and can continue to affect land whether or not those rights are registered at the Land Registry. 

However, as from the 13^th October 2013 these Manorial Rights will no longer bind a purchaser of Land if the rights are not registered.  They will continue to bind the land in the hands of someone who owned it before the 13^th October 2013 when no actual transfer of the land has taken place.

In the coming months, and in the run up to October 2013, we can expect to see an increase in applications to the Land Registry for registration of Manorial Rights and those who are entitled to the rights (the Lords of the Manor or those into whose hands the rights have passed) come to realise that the rights could be lost if not registered before that time. 

Very many Manorial Rights (especially reservations of mines and minerals) are already registered and will not need to be registered again.

When the Land Registry receives an application for registration of any of these Manorial Rights they will make the necessary entries on the Title of those affected and subsequently notify the individual land owners that the rights have been registered. 

If you receive a notification from the Land Registry that rights have been registered against your Title you will then have an opportunity to make the applicant prove that the rights exist and that they are entitled to the benefit of those rights.  This could prove to be fairly difficult because the Rrights are ancient and often poorly documented.

If you receive notice from the Land Registry of the registration of Manorial Rights you should, of course, immediately seek legal advice as to how the registration can be challenged and the entries removed if they cannot be substantiated.  Failure to act will mean that the rights will become binding on your land or property and will then subsequently will be binding and affect subsequent purchasers of the property from you. 

Please do not hesitate to contact Parnalls who can offer specialist advice and assistance in these matters whether you wish to protect your own Manorial Rights and make an application for registration before October 2013 or whether you wish to protect your land or property against such registrations. 

• An energy performance certificate (EPC) is required on marketing for all properties.
• Written property particulars must include a copy of the full EPC.
• Air conditioning reports must be registered.

EPC required on marketing for all properties

A seller of property must ensure that an EPC is commissioned for the property before marketing a residential property for sale.  The seller must use all reasonable endeavours to ensure that an EPC is obtained within 28 days of marketing the property.  This affects all buildings whether for sale or rent and will include non-domestic buildings.

There will be an obligation to use all reasonable efforts to ensure that an EPC is obtained within seven days of marketing the building (although there will be an additional 21 day period during which the EPC can be obtained, if it has not been obtained within the initial seven day period).

No longer possible to include only the asset rating in written particulars

Once an EPC has been obtained, a person providing written particulars for the sale of residential property (such as an Estate Agent) must ensure that the particulars include the asset rating, or attach a copy of the EPC to the particulars.  This applies to all buildings, whether offered for sale or rent.  It will not be possible to include the asset rating only.

Air conditioning reports

If an air-conditioning inspection report is required, this will need to be lodged onto the central EPC register. A fee can be charged for lodging an inspection report on the register.  For more information visit https://www.epcregister.com/home.html.

Saving provision for residential properties

Residential properties marketed before the EPB Regulations 2011 come into force can still rely on the old regulations as unamended. There is no similar period for non-residential properties.

Penalties for non compliance

Failure to provide an EPC when required by the Regulations means the owner/landlord may be liable to a penalty charge notice.  Trading Standards Officers may act on complaints or undertake investigations.

The penalty for non compliance to include energy information in written particulars of a residential property is £200. In commercial properties a sliding scale is used according to the rateable value subject to a minimum of £500.00 and up to a maximum of £5,000.00.

If you are selling or letting a commercial or residential property then please contact Louis Mathers on mathersl@parnalls.com. 

Parnalls is offering for a limited time the service of registering your property at the Land Registry for a fixed fee of £350.00 plus VAT per residential title or £450.00 plus VAT per agricultural/commercial title. If you have multiple titles, we can offer a discount.

There is also a Land Registry fee based on the value of the property.

For more information please contact a member of our Property Team.

Louis Mathers

Paul Gitsham

Kerry Box

Teresa Scoular

Brenda Johnson

The UK Coastline is spectacular and varied, and a popular destination for visitors.  They come to explore the beaches, walk cliff top trails, see wildlife and visit seaside towns.  There are about 1,827 miles of accessible coastline in England alone.

The aim of the Marine and Coastal Access Act 2009 (“the Act”) is to make many more stretches of coastline accessible to the public with the ultimate aim of creating a footpath around the entire length of the open coast of England together with areas where people can explore, rest or picnic.

Opening the entire coast of England to public access will put “forgotten” places back on the map.  For a long time now the 630 mile South West Coast path has demonstrated how a long-distance walking route can generate local employment and encourage low-carbon tourism.  But there are no other coastal paths of that length in England, and an audit by Natural England earlier this year revealed that a “satisfactory legally secure path” ran along only 66 per cent of the English coastline.

Current Timetable:

The creation of the coastal path and associated coastal margin was expected to take up to ten years to implement at a likely cost of £50m.  The margin of land to be included under the new right of access would include:

(a)  Land two metres either side of the line of the route;

(b)  All land to the seaward side (including dunes and cliffs);

(c)  Classical coastal features such as cliffs and dunes on the landward side of the route to take the access land up to a suitable boundary (such as a fence) or other physical feature (although this isn’t guaranteed). 

It is now understood that although the route around Britain’s coastline will go ahead as planned the time scale is likely to be delayed.  Only the 14 mile stretch of coast in Weymouth, Dorset will go ahead as planned to be completed by 2012.

The main stumbling blocks to a further roll-out of the Act include objections from landowners and in particular, funding issues.

For more information, please contact Louis Mathers on 01566 772375 or email Louis here.

The ancient and historic right of certain churches to be able to claim from land/property owners within a parish a contribution for or towards the cost of repairing the “Chancel” of the church date back to Henry VIII and the dissolution of the monasteries/pre-reformation and has, until recently, been largely forgotten and ignored.

The right of parochial church councils to enforce those claims against individual property or land owners have been regarded as “overriding interests” (in the same way as many Manorial Rights) and are binding on land whether or not the rights are registered at the Land Registry.

However, as from 13^th October 2013 these rights will not bind the purchaser of the land unless they are registered.  Churches have therefore started to look at parish records to identify any potential possible claims which should be registered. 

Unless a property is actually built on former Church or Glebe land or is part of a local Estate or Manor which traditionally has supported the Church financially, the risk of a property owner actually being liable is fairly small.  However, if it is proved that there is a liability, that liability can be substantial.

At present a fairly simple search will reveal whether or not the property is in a parish which continues to have any potential liability and, if so, without further investigation, a suitable Indemnity Policy can be taken out to guard against liability.  The premium on the policy depends on the property and its value (the higher the value the higher the potential liability for claims) and the one-off premium payable ranges from about £45 - £480 for residential property and from about £135 - £2,400 for commercial and agricultural property depending on the nature of the property, its value and its acreage.  A search can be carried out at any time and an Indemnity Policy can be put in place, irrespective of whether or not the property is being sold.  However, once these Chancel Repair liabilities are registered at the Land Registry they will bind the land or property in the hands of any purchaser and it will be too late to obtain any Indemnity Policy against potential liability.

Whilst the risk of liability is still fairly small, the financial burden, if liability is established, can be very substantial, as has been evidenced by some high profile cases reported in the national press.  The liability can run into hundreds of thousands of pounds.

If the Church authorities seek to register a liability against your property you will be notified after the entries on the register have been made and you will have an opportunity of putting the Church to proof of their entitlement, but challenging the rights could prove very difficult and very expensive if the Church authorities have sufficient evidence within their own records to have established that the rights exist. 

We at Parnalls can carry out a simple search for you and put in place fairly low cost insurance but it is important that this be done before the Church applies to the Land Registry to register its rights.

At the moment Manorial Rights bind a purchaser of land or property whether or not the rights are even known to exist.  Similar to the rights of parochial church councils to claim the cost of repairing the Chancel of some pre-reformation/mediaeval churches, Manorial Rights are regarded as “overriding interests” and can continue to affect land whether or not those rights are registered at the Land Registry. 

However, as from the 13^th October 2013 these Manorial Rights will no longer bind a purchaser of Land if the rights are not registered.  They will continue to bind the land in the hands of someone who owned it before the 13^th October 2013 when no actual transfer of the land has taken place.

In the coming months, and in the run up to October 2013, we can expect to see an increase in applications to the Land Registry for registration of Manorial Rights and those who are entitled to the rights (the Lords of the Manor or those into whose hands the rights have passed) come to realise that the rights could be lost if not registered before that time. 

Very many Manorial Rights (especially reservations of mines and minerals) are already registered and will not need to be registered again.

When the Land Registry receives an application for registration of any of these Manorial Rights they will make the necessary entries on the Title of those affected and subsequently notify the individual land owners that the rights have been registered. 

If you receive a notification from the Land Registry that rights have been registered against your Title you will then have an opportunity to make the applicant prove that the rights exist and that they are entitled to the benefit of those rights.  This could prove to be fairly difficult because the Rrights are ancient and often poorly documented.

If you receive notice from the Land Registry of the registration of Manorial Rights you should, of course, immediately seek legal advice as to how the registration can be challenged and the entries removed if they cannot be substantiated.  Failure to act will mean that the rights will become binding on your land or property and will then subsequently will be binding and affect subsequent purchasers of the property from you. 

Please do not hesitate to contact Parnalls who can offer specialist advice and assistance in these matters whether you wish to protect your own Manorial Rights and make an application for registration before October 2013 or whether you wish to protect your land or property against such registrations. 

• An energy performance certificate (EPC) is required on marketing for all properties.
• Written property particulars must include a copy of the full EPC.
• Air conditioning reports must be registered.

EPC required on marketing for all properties

A seller of property must ensure that an EPC is commissioned for the property before marketing a residential property for sale.  The seller must use all reasonable endeavours to ensure that an EPC is obtained within 28 days of marketing the property.  This affects all buildings whether for sale or rent and will include non-domestic buildings.

There will be an obligation to use all reasonable efforts to ensure that an EPC is obtained within seven days of marketing the building (although there will be an additional 21 day period during which the EPC can be obtained, if it has not been obtained within the initial seven day period).

No longer possible to include only the asset rating in written particulars

Once an EPC has been obtained, a person providing written particulars for the sale of residential property (such as an Estate Agent) must ensure that the particulars include the asset rating, or attach a copy of the EPC to the particulars.  This applies to all buildings, whether offered for sale or rent.  It will not be possible to include the asset rating only.

Air conditioning reports

If an air-conditioning inspection report is required, this will need to be lodged onto the central EPC register. A fee can be charged for lodging an inspection report on the register.  For more information visit https://www.epcregister.com/home.html.

Saving provision for residential properties

Residential properties marketed before the EPB Regulations 2011 come into force can still rely on the old regulations as unamended. There is no similar period for non-residential properties.

Penalties for non compliance

Failure to provide an EPC when required by the Regulations means the owner/landlord may be liable to a penalty charge notice.  Trading Standards Officers may act on complaints or undertake investigations.

The penalty for non compliance to include energy information in written particulars of a residential property is £200. In commercial properties a sliding scale is used according to the rateable value subject to a minimum of £500.00 and up to a maximum of £5,000.00.

If you are selling or letting a commercial or residential property then please contact Louis Mathers on mathersl@parnalls.com. 

Parnalls is offering for a limited time the service of registering your property at the Land Registry for a fixed fee of £350.00 plus VAT per residential title or £450.00 plus VAT per agricultural/commercial title. If you have multiple titles, we can offer a discount.

There is also a Land Registry fee based on the value of the property.

For more information please contact a member of our Property Team.

Louis Mathers

Paul Gitsham

Kerry Box

Teresa Scoular

Brenda Johnson

Parnalls is offering for a limited time the service of registering your property at the Land Registry for a fixed fee of £350.00 plus VAT per residential title or £450.00 plus VAT per agricultural/commercial title. If you have multiple titles, we can offer a discount.

There is also a Land Registry fee based on the value of the property.

For more information please contact a member of our Property Team.

Louis Mathers

Paul Gitsham

Kerry Box

Teresa Scoular

Brenda Johnson

The UK Coastline is spectacular and varied, and a popular destination for visitors.  They come to explore the beaches, walk cliff top trails, see wildlife and visit seaside towns.  There are about 1,827 miles of accessible coastline in England alone.

The aim of the Marine and Coastal Access Act 2009 (“the Act”) is to make many more stretches of coastline accessible to the public with the ultimate aim of creating a footpath around the entire length of the open coast of England together with areas where people can explore, rest or picnic.

Opening the entire coast of England to public access will put “forgotten” places back on the map.  For a long time now the 630 mile South West Coast path has demonstrated how a long-distance walking route can generate local employment and encourage low-carbon tourism.  But there are no other coastal paths of that length in England, and an audit by Natural England earlier this year revealed that a “satisfactory legally secure path” ran along only 66 per cent of the English coastline.

Current Timetable:

The creation of the coastal path and associated coastal margin was expected to take up to ten years to implement at a likely cost of £50m.  The margin of land to be included under the new right of access would include:

(a)  Land two metres either side of the line of the route;

(b)  All land to the seaward side (including dunes and cliffs);

(c)  Classical coastal features such as cliffs and dunes on the landward side of the route to take the access land up to a suitable boundary (such as a fence) or other physical feature (although this isn’t guaranteed). 

It is now understood that although the route around Britain’s coastline will go ahead as planned the time scale is likely to be delayed.  Only the 14 mile stretch of coast in Weymouth, Dorset will go ahead as planned to be completed by 2012.

The main stumbling blocks to a further roll-out of the Act include objections from landowners and in particular, funding issues.

For more information, please contact Louis Mathers on 01566 772375 or email Louis here.

All property owners and those who occupy property have a duty at law to make sure that visitors are not exposed to risk.

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years :-

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren’t clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Personal Injury in Devon & Cornwall

Ambulance services nationwide have been forced to budget further millions of pounds to help cope with the ice and snow expected this winter.

Front line ambulances are being fitted with new tyres to improve their speed and grip on the roads and extra 4x4’s are being made available.

Paramedics and Police will operate out of triage tents in various cities in the run up to Christmas.

Given that nationwide ambulance trusts are set to target in getting to 75% of life threatening events and emergency calls within 8 minutes this is a welcome improvement to funding.

Cold weather is a serious hindrance to achieving the targets and can lead to loss of life and claims against the ambulance services for in effect clinical negligence and personal injury.

It is always expected that the number of calls during the wintery conditions is increased but what is in doubt is the degree to which the various services respond to the known increase and fund resources to manage the increase.

Our personal injury specialists are well placed to assist in any incidents that have affected your family and friends in relation to ambulance services deficiencies, whether by way of clinical negligence or personal injury claims.

If you have a car accident in Devon and Cornwall and the emergency services let you down, let us help you manage the process.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Personal Injury in Devon & Cornwall

New figures show that car accidents involving drivers who are still recovering from the previous night’s Christmas Party and other excesses are increasing.

AlcoSence the Digital Breath Analyser are reported as saying there has been a 60% increase in the numbers in the proportion of the morning after “drink drive” accidents.

These incidents make up 18% of all road traffic accidents.

Many of these lead to fatal accidents and serious personal injury.

The Managing Director of AlcoSence, Hunter Abbott, states :-

“People still believe that a few hours sleep will get rid of the alcohol in their system but it is surprisingly easy to still be over the limit ‘the morning after’”.

In Devon and Cornwall personal injury accidents in these circumstances are even more likely given the risk of black ice and unlit country roads.

There have been widespread reports of snow and bad weather across the UK this weekend just as the Christmas Party season arrives.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Leading motoring organisations report that 70% of all cases it assisted with breakdown and other services after an accident related to snow and ice across Devon and Cornwall.

It is particularly hazardous for those who set out onto icy roads in country areas.

This has led to a 100% increase in car accident insurance claims this month alone.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Drivers must ensure that they are properly prepared before setting out on journeys in wintery weather conditions to help reduce the risk of injury making an accident claim.

Motoring organisations along with Rospa started their winter initiative in advising drivers in relation to their journey preparations.

Snow has started to fall in the UK and is due in Devon and Cornwall.

Already we have seen fatal accidents caused in car crashes.

GEM Motoring Assist have urged drivers to be careful as we move from mild conditions to dangerous wintery weather.

Reducing speed, avoiding harsh braking and acceleration all assist to avoid personal injury claims arising as a result of motor accidents.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

The Supreme Court in 2011 has revolutionised the legal position in relation to expert witnesses.

The President of the Supreme Court, Lord Phillips, the Head of the Supreme Court of the United Kingdom.

This is the position that is formally known as the Senior Lord of Appeal in Ordinary or Senior Law Lord.

Lord Phillips led the Supreme Court in the case of Jones –v- Kaney and that Court swept away protections from expert witnesses who formerly were immune from being sued for negligence and in breach of contract in the work they did on litigation.

Now the duty of care in contracts is owed under Section 13 of the Supply of Goods and Services Act 1982 which implies a term that the expert will exercise reasonable skill and care in carrying out his contractual services as an expert witness.

The duty in the Law of negligence is based on the case of Hedley Byrne & Co Ltd –v- Heller & Partners Ltd where :-

If an expert is negligent where he holds himself out as a skilled and competent person and the Client relies on his advice :-

1. In determining whether to bring or defend proceedings; and/or

1. In considering settlement values; and/or

1. In appraising the risks at Trial; and/or

1. Relies on the expert to give the Court skilled and competent expert opinion evidence.

then from 2011 that expert will be liable to the Client for damages at large.

It is already established law that any solicitor who negligently or in breach of contract under Section 13 selects an inappropriate and/or negligent expert are also liable.

If you have had difficulty with professional negligence of Solicitors and/or expert witnesses in relation to your own litigation then please do not hesitate to contact our litigation team for a free initial consultation on 01566 772375.

What is Bullying at Work ?

This normally involves someone trying to press upon or intimidate another worker, often in front of colleagues.

Commonly there is an element of senior staff member exercising power over junior staff members.

Direct.Gov the government website states that it is :-

“Similar to harassment, which is where someone’s behaviour is offensive.  For example making sexual comments or abusing someone’s race, religion or sexual orientation”.

Complaints about bullying are made under the law in relation to discrimination and harassment.

This is not allowed in England and Wales.

Often this can lead to people being forced to resign due to bullying and this is what is called a constructive dismissal claim.

Constructive Dismissal

Where bullying includes abuse, physical or verbal violence, humiliation and undermining someone’s confidence, they are typically :-

Humiliated in front of colleagues.

Physically or verbally abused.

Regularly unfairly treated.

Blamed for problems caused by others.

If you would like an informal discussion with a member of our personal injury team please call us on 01566 772375.

What is Bullying at Work ?

This normally involves someone trying to press upon or intimidate another worker, often in front of colleagues.

Commonly there is an element of senior staff member exercising power over junior staff members.

Direct.Gov the government website states that it is :-

“Similar to harassment, which is where someone’s behaviour is offensive.  For example making sexual comments or abusing someone’s race, religion or sexual orientation”.

Complaints about bullying are made under the law in relation to discrimination and harassment.

This is not allowed in England and Wales.

Often this can lead to people being forced to resign due to bullying and this is what is called a constructive dismissal claim.

Constructive Dismissal

Where bullying includes abuse, physical or verbal violence, humiliation and undermining someone’s confidence, they are typically :-

Humiliated in front of colleagues.

Physically or verbally abused.

Regularly unfairly treated.

Blamed for problems caused by others.

If you would like an informal discussion with a member of our personal injury team please call us on 01566 772375.

The Supreme Court in 2011 has revolutionised the legal position in relation to expert witnesses.

The President of the Supreme Court, Lord Phillips, the Head of the Supreme Court of the United Kingdom.

This is the position that is formally known as the Senior Lord of Appeal in Ordinary or Senior Law Lord.

Lord Phillips led the Supreme Court in the case of Jones –v- Kaney and that Court swept away protections from expert witnesses who formerly were immune from being sued for negligence and in breach of contract in the work they did on litigation.

Now the duty of care in contracts is owed under Section 13 of the Supply of Goods and Services Act 1982 which implies a term that the expert will exercise reasonable skill and care in carrying out his contractual services as an expert witness.

The duty in the Law of negligence is based on the case of Hedley Byrne & Co Ltd –v- Heller & Partners Ltd where :-

If an expert is negligent where he holds himself out as a skilled and competent person and the Client relies on his advice :-

1. In determining whether to bring or defend proceedings; and/or

1. In considering settlement values; and/or

1. In appraising the risks at Trial; and/or

1. Relies on the expert to give the Court skilled and competent expert opinion evidence.

then from 2011 that expert will be liable to the Client for damages at large.

It is already established law that any solicitor who negligently or in breach of contract under Section 13 selects an inappropriate and/or negligent expert are also liable.

If you have had difficulty with professional negligence of Solicitors and/or expert witnesses in relation to your own litigation then please do not hesitate to contact our litigation team for a free initial consultation on 01566 772375

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years :-

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren’t clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Ambulance services nationwide have been forced to budget further millions of pounds to help cope with the ice and snow expected this winter.

Front line ambulances are being fitted with new tyres to improve their speed and grip on the roads and extra 4x4’s are being made available.

Paramedics and Police will operate out of triage tents in various cities in the run up to Christmas.

Given that nationwide ambulance trusts are set to target in getting to 75% of life threatening events and emergency calls within 8 minutes this is a welcome improvement to funding.

Cold weather is a serious hindrance to achieving the targets and can lead to loss of life and claims against the ambulance services for in effect clinical negligence and personal injury.

It is always expected that the number of calls during the wintery conditions is increased but what is in doubt is the degree to which the various services respond to the known increase and fund resources to manage the increase.

Our personal injury specialists are well placed to assist in any incidents that have affected your family and friends in relation to ambulance services deficiencies, whether by way of clinical negligence or personal injury claims.

If you have a car accident in Devon and Cornwall and the emergency services let you down, let us help you manage the process.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

New figures show that car accidents involving drivers who are still recovering from the previous night’s Christmas Party and other excesses are increasing.

AlcoSence the Digital Breath Analyser are reported as saying there has been a 60% increase in the numbers in the proportion of the morning after “drink drive” accidents.

These incidents make up 18% of all road traffic accidents.

Many of these lead to fatal accidents and serious personal injury.

The Managing Director of AlcoSence, Hunter Abbott, states :-

“People still believe that a few hours sleep will get rid of the alcohol in their system but it is surprisingly easy to still be over the limit ‘the morning after’”.

In Devon and Cornwall personal injury accidents in these circumstances are even more likely given the risk of black ice and unlit country roads.

There have been widespread reports of snow and bad weather across the UK this weekend just as the Christmas Party season arrives.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Leading motoring organisations report that 70% of all cases it assisted with breakdown and other services after an accident related to snow and ice across Devon and Cornwall.

It is particularly hazardous for those who set out onto icy roads in country areas.

This has led to a 100% increase in car accident insurance claims this month alone.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Leading motoring organisations report that 70% of all cases it assisted with breakdown and other services after an accident related to snow and ice across Devon and Cornwall.

It is particularly hazardous for those who set out onto icy roads in country areas.

This has led to a 100% increase in car accident insurance claims this month alone.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

At the moment Manorial Rights bind a purchaser of land or property whether or not the rights are even known to exist.  Similar to the rights of parochial church councils to claim the cost of repairing the Chancel of some pre-reformation/mediaeval churches, Manorial Rights are regarded as “overriding interests” and can continue to affect land whether or not those rights are registered at the Land Registry. 

However, as from the 13^th October 2013 these Manorial Rights will no longer bind a purchaser of Land if the rights are not registered.  They will continue to bind the land in the hands of someone who owned it before the 13^th October 2013 when no actual transfer of the land has taken place.

In the coming months, and in the run up to October 2013, we can expect to see an increase in applications to the Land Registry for registration of Manorial Rights and those who are entitled to the rights (the Lords of the Manor or those into whose hands the rights have passed) come to realise that the rights could be lost if not registered before that time. 

Very many Manorial Rights (especially reservations of mines and minerals) are already registered and will not need to be registered again.

When the Land Registry receives an application for registration of any of these Manorial Rights they will make the necessary entries on the Title of those affected and subsequently notify the individual land owners that the rights have been registered. 

If you receive a notification from the Land Registry that rights have been registered against your Title you will then have an opportunity to make the applicant prove that the rights exist and that they are entitled to the benefit of those rights.  This could prove to be fairly difficult because the Rrights are ancient and often poorly documented.

If you receive notice from the Land Registry of the registration of Manorial Rights you should, of course, immediately seek legal advice as to how the registration can be challenged and the entries removed if they cannot be substantiated.  Failure to act will mean that the rights will become binding on your land or property and will then subsequently will be binding and affect subsequent purchasers of the property from you. 

Please do not hesitate to contact Parnalls who can offer specialist advice and assistance in these matters whether you wish to protect your own Manorial Rights and make an application for registration before October 2013 or whether you wish to protect your land or property against such registrations. 

• An energy performance certificate (EPC) is required on marketing for all properties.
• Written property particulars must include a copy of the full EPC.
• Air conditioning reports must be registered.

EPC required on marketing for all properties

A seller of property must ensure that an EPC is commissioned for the property before marketing a residential property for sale.  The seller must use all reasonable endeavours to ensure that an EPC is obtained within 28 days of marketing the property.  This affects all buildings whether for sale or rent and will include non-domestic buildings.

There will be an obligation to use all reasonable efforts to ensure that an EPC is obtained within seven days of marketing the building (although there will be an additional 21 day period during which the EPC can be obtained, if it has not been obtained within the initial seven day period).

No longer possible to include only the asset rating in written particulars

Once an EPC has been obtained, a person providing written particulars for the sale of residential property (such as an Estate Agent) must ensure that the particulars include the asset rating, or attach a copy of the EPC to the particulars.  This applies to all buildings, whether offered for sale or rent.  It will not be possible to include the asset rating only.

Air conditioning reports

If an air-conditioning inspection report is required, this will need to be lodged onto the central EPC register. A fee can be charged for lodging an inspection report on the register.  For more information visit https://www.epcregister.com/home.html.

Saving provision for residential properties

Residential properties marketed before the EPB Regulations 2011 come into force can still rely on the old regulations as unamended. There is no similar period for non-residential properties.

Penalties for non compliance

Failure to provide an EPC when required by the Regulations means the owner/landlord may be liable to a penalty charge notice.  Trading Standards Officers may act on complaints or undertake investigations.

The penalty for non compliance to include energy information in written particulars of a residential property is £200. In commercial properties a sliding scale is used according to the rateable value subject to a minimum of £500.00 and up to a maximum of £5,000.00.

If you are selling or letting a commercial or residential property then please contact Louis Mathers on mathersl@parnalls.com. 

The UK Coastline is spectacular and varied, and a popular destination for visitors.  They come to explore the beaches, walk cliff top trails, see wildlife and visit seaside towns.  There are about 1,827 miles of accessible coastline in England alone.

The aim of the Marine and Coastal Access Act 2009 (“the Act”) is to make many more stretches of coastline accessible to the public with the ultimate aim of creating a footpath around the entire length of the open coast of England together with areas where people can explore, rest or picnic.

Opening the entire coast of England to public access will put “forgotten” places back on the map.  For a long time now the 630 mile South West Coast path has demonstrated how a long-distance walking route can generate local employment and encourage low-carbon tourism.  But there are no other coastal paths of that length in England, and an audit by Natural England earlier this year revealed that a “satisfactory legally secure path” ran along only 66 per cent of the English coastline.

Current Timetable:

The creation of the coastal path and associated coastal margin was expected to take up to ten years to implement at a likely cost of £50m.  The margin of land to be included under the new right of access would include:

(a)  Land two metres either side of the line of the route;

(b)  All land to the seaward side (including dunes and cliffs);

(c)  Classical coastal features such as cliffs and dunes on the landward side of the route to take the access land up to a suitable boundary (such as a fence) or other physical feature (although this isn’t guaranteed). 

It is now understood that although the route around Britain’s coastline will go ahead as planned the time scale is likely to be delayed.  Only the 14 mile stretch of coast in Weymouth, Dorset will go ahead as planned to be completed by 2012.

The main stumbling blocks to a further roll-out of the Act include objections from landowners and in particular, funding issues.

For more information, please contact Louis Mathers on 01566 772375 or email Louis here.

Ambulance services nationwide have been forced to budget further millions of pounds to help cope with the ice and snow expected this winter.

Front line ambulances are being fitted with new tyres to improve their speed and grip on the roads and extra 4x4’s are being made available.

Paramedics and Police will operate out of triage tents in various cities in the run up to Christmas.

Given that nationwide ambulance trusts are set to target in getting to 75% of life threatening events and emergency calls within 8 minutes this is a welcome improvement to funding.

Cold weather is a serious hindrance to achieving the targets and can lead to loss of life and claims against the ambulance services for in effect clinical negligence and personal injury.

It is always expected that the number of calls during the wintery conditions is increased but what is in doubt is the degree to which the various services respond to the known increase and fund resources to manage the increase.

Our personal injury specialists are well placed to assist in any incidents that have affected your family and friends in relation to ambulance services deficiencies, whether by way of clinical negligence or personal injury claims.

If you have a car accident in Devon and Cornwall and the emergency services let you down, let us help you manage the process.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

This is the abuse of amongst the most vulnerable people in our society who are in care because they have multiple physical and mental difficulties, often unable to care for themselves or communicate effectively.

In light of the scandals at Castlebeck Care, Blackwell Vale Care Home, Winterbourne View Care Home in Bristol and that of the Solar Centre, these claims are becoming ever higher profile.

There are no less than now 10 staff from the Winterbourne View Care Home to appear in Bristol Crown Court on criminal charges on 15th December 2011 charged with ill treatment and neglect offences under the Mental Health Act.

Our team have developed considerable experience in these matters.

We have for example assisted employers in helping to protect them against wayward staff failing to do their jobs properly and failing to protect residents.

We have also acted for the residents and their families in relation to uncaring care home owners who fail to supply a proper level of service and allowed physical, mental and disability abuse at their premises. In assisting employers we are able to ensure that the contracts of employment and the grievance procedures are just right to manage these difficult processes.

In assisting residents and their families the considerable experience we have garnered over the years makes us well placed to assist in the process of stopping bullying and abuse and ensuring a safe system of care for loved ones and compensation.

If you need advice in relation to these matters call our litigation team for advice on 01566 772375.

This is the abuse of amongst the most vulnerable people in our society who are in care because they have multiple physical and mental difficulties, often unable to care for themselves or communicate effectively.

In light of the scandals at Castlebeck Care, Blackwell Vale Care Home, Winterbourne View Care Home in Bristol and that of the Solar Centre, these claims are becoming ever higher profile.

There are no less than now 10 staff from the Winterbourne View Care Home to appear in Bristol Crown Court on criminal charges on 15th December 2011 charged with ill treatment and neglect offences under the Mental Health Act.

Our team have developed considerable experience in these matters.

We have for example assisted employers in helping to protect them against wayward staff failing to do their jobs properly and failing to protect residents.

We have also acted for the residents and their families in relation to uncaring care home owners who fail to supply a proper level of service and allowed physical, mental and disability abuse at their premises. In assisting employers we are able to ensure that the contracts of employment and the grievance procedures are just right to manage these difficult processes.

In assisting residents and their families the considerable experience we have garnered over the years makes us well placed to assist in the process of stopping bullying and abuse and ensuring a safe system of care for loved ones and compensation.

If you need advice in relation to these matters call our litigation team for advice on 01566 772375.

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years :-

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren’t clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for free advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

This is the abuse of amongst the most vulnerable people in our society who are in care because they have multiple physical and mental difficulties, often unable to care for themselves or communicate effectively.

In light of the scandals at Castlebeck Care, Blackwell Vale Care Home, Winterbourne View Care Home in Bristol and that of the Solar Centre, these claims are becoming ever higher profile.

There are no less than now 10 staff from the Winterbourne View Care Home to appear in Bristol Crown Court on criminal charges on 15th December 2011 charged with ill treatment and neglect offences under the Mental Health Act.

Our team have developed considerable experience in these matters.

We have for example assisted employers in helping to protect them against wayward staff failing to do their jobs properly and failing to protect residents.

We have also acted for the residents and their families in relation to uncaring care home owners who fail to supply a proper level of service and allowed physical, mental and disability abuse at their premises. In assisting employers we are able to ensure that the contracts of employment and the grievance procedures are just right to manage these difficult processes.

In assisting residents and their families the considerable experience we have garnered over the years makes us well placed to assist in the process of stopping bullying and abuse and ensuring a safe system of care for loved ones and compensation.

If you need advice in relation to these matters call our litigation team for advice on 01566 772375.

An advance medical decision, often referred to as an ‘advance directive’ or ‘living will’, is a written statement of your wishes about medical treatment if you become terminally ill or incapacitated. An advance medical decision allows a person to refuse specified treatment in specified circumstances such as: -

·         Physical illness which is so serious that life is nearing an end and there is no likelihood of recovery;

·         Permanent serious mental impairment with physical illness and/or

·         Permanent unconsciousness.

You are completely free to refuse to undergo medical treatment even if, as a result it brings about your death.  However, you must have the mental capacity to make that decision. The Mental Capacity Act 2005 gives clear legal status to advance medical decisions, which means that health professionals must follow them, if they are valid and applicable to the specified treatment and circumstances.

It is important that an advance medical decision is well drafted so it is valid and applicable to the specified treatment and circumstances. You should discuss your wishes with your immediate family.  The document is not intended to be a substitute for discussion with medical staff and it is always recommended that you talk fully with your doctor about your treatment. An advance medical decision does not ask a doctor to do anything against existing law, but it is useful when decisions have to be made on prolonging an individual's life. 

An advance medical decision will be valid if: -

• You have the mental capacity to make the decision to refuse treatment;
• Your refusal was intended to apply in the kind of situation which later arose;
• You understood fully the consequences of such decision in that kind of situation and,
• There was no undue influence made by anyone else on your decision.

If you change your mind at a later date, an advance medical decision is not final and irrevocable and can therefore be changed by telling your doctor.  However, it is sensible to destroy the document and all copies of it.

 Disclaimer

This Fact Sheet has been prepared to provide you with basic information about advance medical decisions. It is not to be treated as a substitute for getting full and specific advice from a specialist lawyer. Reviewed May 2011.

©Solicitors for the Elderly Ltd

If your accident occurred on a pavement or road then your claims are usually against the local authority who are responsible for the highways and byways.

A claim can be made against the highway authorities if they fail to ensure that they discharged their duties and responsibilities properly.

Local authorities and highway authorities have insurance or self-insure against these claims for personal injury.

It is essential to get legal advice to navigate these difficulties in relation to personal injury claims.

At Parnalls Solicitors we operate a no win no fee scheme to assist you with your personal injury claims.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Slip:

Claims can be made against organisations or individuals if they allow visitors including the general public onto their property when that property is unsafe.

Property owners will have insurance to cover damages arising out of your personal injury claim.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

If your accident occurred on a pavement or road then your claims are usually against the local authority who are responsible for the highways and byways.

A claim can be made against the highway authorities if they fail to ensure that they discharged their duties and responsibilities properly.

Local authorities and highway authorities have insurance or self-insure against these claims for personal injury.

It is essential to get legal advice to navigate these difficulties in relation to personal injury claims.

At Parnalls Solicitors we operate a no win no fee scheme to assist you with your personal injury claims.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

Slip:

Claims can be made against organisations or individuals if they allow visitors including the general public onto their property when that property is unsafe.

Property owners will have insurance to cover damages arising out of your personal injury claim.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

Our team of specialist expert personal injury lawyers will assess your situation and advise you.

There has been an increase in the number of disability discrimination claims brought in Devon & Cornwall and indeed throughout the UK.

The Quality Act 2010 changed the previous discrimination law including the Disability Discrimination Act 1995 and 2005.

Employers need therefore to review their position and respond to avoid workplace discrimination claims which employees will increasingly bring if they satisfy the definitions.

Employees in looking to bring these claims will need to satisfy one of four potential headings for employment claims:

1. Direct Discrimination

The intention here is that a person who is treated less favourably because they are disabled can bring a claim.

The Quality Act 2010 introduces an extra extension to direct discrimination as it allows claims for disability discrimination and harassment to be brought if they are disabled or because they associate with someone who is disabled.

2. Indirect Discrimination

Here an employee will argue that a practice criteria or provision disadvantaged persons sharing the same disability as the Claimant.

Interestingly there is no need to show that an employer knew or ought to have known that the Claimant was disabled.

3. Discrimination Arising from a Disability

Here an employer is expected to have known of the disability.

If the employer doesn't know of the disability then there is an objective test, namely that liability may lie where the employer ought to have known that the person was disabled.

In these circumstances a claim will be available against the employer where a person is treated unfavourably because of a consequence of the disability.

4. Failure to Make Reasonable Adjustments

As has been the law for some time an employer must make reasonable adjustments for the disabled person.

This is to enable the disabled person to work.

This ordinarily includes a duty on the employer to provide auxiliary aids and information in an excessive format to assist the disabled person at work.

Defences to Employers:

Under the second and third headings above employers can avail themselves of the defence of justification.

In effect what this means is that a practice criteria or provision put in place by the employer is a proportionate means of achieving a legitimate aim.

So employers should have reviewed their practices to ensure that they are balanced and do not have the effect of impacting on disabled people.

Often disabled people need to have time off for medical appointments or rest.

This could have an effect on a businesses bonus systems whether discretionary or not.

Marking down a disabled persons absences in an appraisal process may be discriminatory, so an employer needs to review all policies and procedures with the assistance of experienced employment lawyers to ensure they are compliant and not vulnerable to these claims.

These claims are expensive in terms of damages/compensation but also in terms of not just the legal costs but the management costs in managing the claims process.

Our employment team are available to assist in your current need to manage policies and practices to avoid claims and also to assist with claims.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you. Call us for advice on 01566 772375.

There has been an increase in the number of disability discrimination claims brought in Devon & Cornwall and indeed throughout the UK.

The Quality Act 2010 changed the previous discrimination law including the Disability Discrimination Act 1995 and 2005.

Employers need therefore to review their position and respond to avoid workplace discrimination claims which employees will increasingly bring if they satisfy the definitions.

Employees in looking to bring these claims will need to satisfy one of four potential headings for employment claims:

1. Direct Discrimination

The intention here is that a person who is treated less favourably because they are disabled can bring a claim.

The Quality Act 2010 introduces an extra extension to direct discrimination as it allows claims for disability discrimination and harassment to be brought if they are disabled or because they associate with someone who is disabled.

2. Indirect Discrimination

Here an employee will argue that a practice criteria or provision disadvantaged persons sharing the same disability as the Claimant.

Interestingly there is no need to show that an employer knew or ought to have known that the Claimant was disabled.

3. Discrimination Arising from a Disability

Here an employer is expected to have known of the disability.

If the employer doesn't know of the disability then there is an objective test, namely that liability may lie where the employer ought to have known that the person was disabled.

In these circumstances a claim will be available against the employer where a person is treated unfavourably because of a consequence of the disability.

4. Failure to Make Reasonable Adjustments

As has been the law for some time an employer must make reasonable adjustments for the disabled person.

This is to enable the disabled person to work.

This ordinarily includes a duty on the employer to provide auxiliary aids and information in an excessive format to assist the disabled person at work.

Defences to Employers:

Under the second and third headings above employers can avail themselves of the defence of justification.

In effect what this means is that a practice criteria or provision put in place by the employer is a proportionate means of achieving a legitimate aim.

So employers should have reviewed their practices to ensure that they are balanced and do not have the effect of impacting on disabled people.

Often disabled people need to have time off for medical appointments or rest.

This could have an effect on a businesses bonus systems whether discretionary or not.

Marking down a disabled persons absences in an appraisal process may be discriminatory, so an employer needs to review all policies and procedures with the assistance of experienced employment lawyers to ensure they are compliant and not vulnerable to these claims.

These claims are expensive in terms of damages/compensation but also in terms of not just the legal costs but the management costs in managing the claims process.

Our employment team are available to assist in your current need to manage policies and practices to avoid claims and also to assist with claims.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you. Call us for advice on 01566 772375.

There has been an increase in the number of disability discrimination claims brought in Devon & Cornwall and indeed throughout the UK.

The Quality Act 2010 changed the previous discrimination law including the Disability Discrimination Act 1995 and 2005.

Employers need therefore to review their position and respond to avoid workplace discrimination claims which employees will increasingly bring if they satisfy the definitions.

Employees in looking to bring these claims will need to satisfy one of four potential headings for employment claims:

1. Direct Discrimination

The intention here is that a person who is treated less favourably because they are disabled can bring a claim.

The Quality Act 2010 introduces an extra extension to direct discrimination as it allows claims for disability discrimination and harassment to be brought if they are disabled or because they associate with someone who is disabled.

2. Indirect Discrimination

Here an employee will argue that a practice criteria or provision disadvantaged persons sharing the same disability as the Claimant.

Interestingly there is no need to show that an employer knew or ought to have known that the Claimant was disabled.

3. Discrimination Arising from a Disability

Here an employer is expected to have known of the disability.

If the employer doesn't know of the disability then there is an objective test, namely that liability may lie where the employer ought to have known that the person was disabled.

In these circumstances a claim will be available against the employer where a person is treated unfavourably because of a consequence of the disability.

4. Failure to Make Reasonable Adjustments

As has been the law for some time an employer must make reasonable adjustments for the disabled person.

This is to enable the disabled person to work.

This ordinarily includes a duty on the employer to provide auxiliary aids and information in an excessive format to assist the disabled person at work.

Defences to Employers:

Under the second and third headings above employers can avail themselves of the defence of justification.

In effect what this means is that a practice criteria or provision put in place by the employer is a proportionate means of achieving a legitimate aim.

So employers should have reviewed their practices to ensure that they are balanced and do not have the effect of impacting on disabled people.

Often disabled people need to have time off for medical appointments or rest.

This could have an effect on a businesses bonus systems whether discretionary or not.

Marking down a disabled persons absences in an appraisal process may be discriminatory, so an employer needs to review all policies and procedures with the assistance of experienced employment lawyers to ensure they are compliant and not vulnerable to these claims.

These claims are expensive in terms of damages/compensation but also in terms of not just the legal costs but the management costs in managing the claims process.

Our employment team are available to assist in your current need to manage policies and practices to avoid claims and also to assist with claims.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you. Call us for advice on 01566 772375.

There has been an increase in the number of disability discrimination claims brought in Devon & Cornwall and indeed throughout the UK.

The Quality Act 2010 changed the previous discrimination law including the Disability Discrimination Act 1995 and 2005.

Employers need therefore to review their position and respond to avoid workplace discrimination claims which employees will increasingly bring if they satisfy the definitions.

Employees in looking to bring these claims will need to satisfy one of four potential headings for employment claims:

1. Direct Discrimination

The intention here is that a person who is treated less favourably because they are disabled can bring a claim.

The Quality Act 2010 introduces an extra extension to direct discrimination as it allows claims for disability discrimination and harassment to be brought if they are disabled or because they associate with someone who is disabled.

2. Indirect Discrimination

Here an employee will argue that a practice criteria or provision disadvantaged persons sharing the same disability as the Claimant.

Interestingly there is no need to show that an employer knew or ought to have known that the Claimant was disabled.

3. Discrimination Arising from a Disability

Here an employer is expected to have known of the disability.

If the employer doesn't know of the disability then there is an objective test, namely that liability may lie where the employer ought to have known that the person was disabled.

In these circumstances a claim will be available against the employer where a person is treated unfavourably because of a consequence of the disability.

4. Failure to Make Reasonable Adjustments

As has been the law for some time an employer must make reasonable adjustments for the disabled person.

This is to enable the disabled person to work.

This ordinarily includes a duty on the employer to provide auxiliary aids and information in an excessive format to assist the disabled person at work.

Defences to Employers:

Under the second and third headings above employers can avail themselves of the defence of justification.

In effect what this means is that a practice criteria or provision put in place by the employer is a proportionate means of achieving a legitimate aim.

So employers should have reviewed their practices to ensure that they are balanced and do not have the effect of impacting on disabled people.

Often disabled people need to have time off for medical appointments or rest.

This could have an effect on a businesses bonus systems whether discretionary or not.

Marking down a disabled persons absences in an appraisal process may be discriminatory, so an employer needs to review all policies and procedures with the assistance of experienced employment lawyers to ensure they are compliant and not vulnerable to these claims.

These claims are expensive in terms of damages/compensation but also in terms of not just the legal costs but the management costs in managing the claims process.

Our employment team are available to assist in your current need to manage policies and practices to avoid claims and also to assist with claims.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you. Call us for advice on 01566 772375.

There has been an increase in the number of disability discrimination claims brought in Devon & Cornwall and indeed throughout the UK.

The Quality Act 2010 changed the previous discrimination law including the Disability Discrimination Act 1995 and 2005.

Employers need therefore to review their position and respond to avoid workplace discrimination claims which employees will increasingly bring if they satisfy the definitions.

Employees in looking to bring these claims will need to satisfy one of four potential headings for employment claims:

1. Direct Discrimination

The intention here is that a person who is treated less favourably because they are disabled can bring a claim.

The Quality Act 2010 introduces an extra extension to direct discrimination as it allows claims for disability discrimination and harassment to be brought if they are disabled or because they associate with someone who is disabled.

2. Indirect Discrimination

Here an employee will argue that a practice criteria or provision disadvantaged persons sharing the same disability as the Claimant.

Interestingly there is no need to show that an employer knew or ought to have known that the Claimant was disabled.

3. Discrimination Arising from a Disability

Here an employer is expected to have known of the disability.

If the employer doesn't know of the disability then there is an objective test, namely that liability may lie where the employer ought to have known that the person was disabled.

In these circumstances a claim will be available against the employer where a person is treated unfavourably because of a consequence of the disability.

4. Failure to Make Reasonable Adjustments

As has been the law for some time an employer must make reasonable adjustments for the disabled person.

This is to enable the disabled person to work.

This ordinarily includes a duty on the employer to provide auxiliary aids and information in an excessive format to assist the disabled person at work.

Defences to Employers:

Under the second and third headings above employers can avail themselves of the defence of justification.

In effect what this means is that a practice criteria or provision put in place by the employer is a proportionate means of achieving a legitimate aim.

So employers should have reviewed their practices to ensure that they are balanced and do not have the effect of impacting on disabled people.

Often disabled people need to have time off for medical appointments or rest.

This could have an effect on a businesses bonus systems whether discretionary or not.

Marking down a disabled persons absences in an appraisal process may be discriminatory, so an employer needs to review all policies and procedures with the assistance of experienced employment lawyers to ensure they are compliant and not vulnerable to these claims.

These claims are expensive in terms of damages/compensation but also in terms of not just the legal costs but the management costs in managing the claims process.

Our employment team are available to assist in your current need to manage policies and practices to avoid claims and also to assist with claims.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you. Call us for advice on 01566 772375.

There has been an increase in the number of disability discrimination claims brought in Devon & Cornwall and indeed throughout the UK.

The Quality Act 2010 changed the previous discrimination law including the Disability Discrimination Act 1995 and 2005.

Employers need therefore to review their position and respond to avoid workplace discrimination claims which employees will increasingly bring if they satisfy the definitions.

Employees in looking to bring these claims will need to satisfy one of four potential headings for employment claims:

1. Direct Discrimination

The intention here is that a person who is treated less favourably because they are disabled can bring a claim.

The Quality Act 2010 introduces an extra extension to direct discrimination as it allows claims for disability discrimination and harassment to be brought if they are disabled or because they associate with someone who is disabled.

2. Indirect Discrimination

Here an employee will argue that a practice criteria or provision disadvantaged persons sharing the same disability as the Claimant.

Interestingly there is no need to show that an employer knew or ought to have known that the Claimant was disabled.

3. Discrimination Arising from a Disability

Here an employer is expected to have known of the disability.

If the employer doesn't know of the disability then there is an objective test, namely that liability may lie where the employer ought to have known that the person was disabled.

In these circumstances a claim will be available against the employer where a person is treated unfavourably because of a consequence of the disability.

4. Failure to Make Reasonable Adjustments

As has been the law for some time an employer must make reasonable adjustments for the disabled person.

This is to enable the disabled person to work.

This ordinarily includes a duty on the employer to provide auxiliary aids and information in an excessive format to assist the disabled person at work.

Defences to Employers:

Under the second and third headings above employers can avail themselves of the defence of justification.

In effect what this means is that a practice criteria or provision put in place by the employer is a proportionate means of achieving a legitimate aim.

So employers should have reviewed their practices to ensure that they are balanced and do not have the effect of impacting on disabled people.

Often disabled people need to have time off for medical appointments or rest.

This could have an effect on a businesses bonus systems whether discretionary or not.

Marking down a disabled persons absences in an appraisal process may be discriminatory, so an employer needs to review all policies and procedures with the assistance of experienced employment lawyers to ensure they are compliant and not vulnerable to these claims.

These claims are expensive in terms of damages/compensation but also in terms of not just the legal costs but the management costs in managing the claims process.

Our employment team are available to assist in your current need to manage policies and practices to avoid claims and also to assist with claims.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you. Call us for advice on 01566 772375.

There has been an increase in the number of disability discrimination claims brought in Devon & Cornwall and indeed throughout the UK.

The Quality Act 2010 changed the previous discrimination law including the Disability Discrimination Act 1995 and 2005.

Employers need therefore to review their position and respond to avoid workplace discrimination claims which employees will increasingly bring if they satisfy the definitions.

Employees in looking to bring these claims will need to satisfy one of four potential headings for employment claims:

1. Direct Discrimination

The intention here is that a person who is treated less favourably because they are disabled can bring a claim.

The Quality Act 2010 introduces an extra extension to direct discrimination as it allows claims for disability discrimination and harassment to be brought if they are disabled or because they associate with someone who is disabled.

2. Indirect Discrimination

Here an employee will argue that a practice criteria or provision disadvantaged persons sharing the same disability as the Claimant.

Interestingly there is no need to show that an employer knew or ought to have known that the Claimant was disabled.

3. Discrimination Arising from a Disability

Here an employer is expected to have known of the disability.

If the employer doesn't know of the disability then there is an objective test, namely that liability may lie where the employer ought to have known that the person was disabled.

In these circumstances a claim will be available against the employer where a person is treated unfavourably because of a consequence of the disability.

4. Failure to Make Reasonable Adjustments

As has been the law for some time an employer must make reasonable adjustments for the disabled person.

This is to enable the disabled person to work.

This ordinarily includes a duty on the employer to provide auxiliary aids and information in an excessive format to assist the disabled person at work.

Defences to Employers:

Under the second and third headings above employers can avail themselves of the defence of justification.

In effect what this means is that a practice criteria or provision put in place by the employer is a proportionate means of achieving a legitimate aim.

So employers should have reviewed their practices to ensure that they are balanced and do not have the effect of impacting on disabled people.

Often disabled people need to have time off for medical appointments or rest.

This could have an effect on a businesses bonus systems whether discretionary or not.

Marking down a disabled persons absences in an appraisal process may be discriminatory, so an employer needs to review all policies and procedures with the assistance of experienced employment lawyers to ensure they are compliant and not vulnerable to these claims.

These claims are expensive in terms of damages/compensation but also in terms of not just the legal costs but the management costs in managing the claims process.

Our employment team are available to assist in your current need to manage policies and practices to avoid claims and also to assist with claims.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you. Call us for advice on 01566 772375.

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years:

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren't clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years:

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren't clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years:

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren't clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years:

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren't clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years:

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren't clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.

This rule of law applies to shops, houses as well as public spaces such as parks and gardens.

Local authorities have an obligation to make sure that all roads and pavements are maintained and safe.

If any property owner or occupier or those who have the responsibility to look after public spaces, roads etc, fail then they can be held responsible at law in relation to personal injury claims made against them for damages.

Just to give some examples of claims that we have dealt with in the last few years:

Local authorities failing to ensure that pavements are maintained and inspected and consequent broken and dangerous paving slabs have caused trips.

Property owners and occupiers failing to ensure that entrances and walkways were safe to walk on.

Property owners and occupiers failing to ensure that obstructions weren't clearly sign-posted so that unnecessary accidents occurred.

Property owners and occupiers failing to ensure that buildings were maintained so causing injury due to the state of the premises.

Property owners and occupiers failing to ensure there is no risk of injury from falling materials.

Shop and restaurant owners failing to make regular checks in public areas and so leaving spillages uncleared causing personal injury to their customers.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.

Our expert team have assessed the circumstances of people who have suffered an injury or an illness as a result of negligent medical treatment.

Initially we give free advice and advise you on what to do next.

The level of injury that we have seen include:

1. Brain Injuries including Cerebral Palsy and Child Brain Injuries.

2. Blindness.

3. Pregnancy and Maternal Injuries.

4. Spinal Injuries.

5. Amputation Injuries.

6. Orthopaedic Injuries.

7. Surgical Injuries.

8. Cosmetic Surgery Injuries.

9. Bowel Injuries.

10. Exacerbation of Illnesses such as Cancer caused by poor or late diagnosis.

11. Illnesses caused by poor standard or hygiene such as MRSA.

12. Musculo-Skeletal Injuries due to poor orthopaedic surgery.

13. Nursing Care Home Abuse.

Often these injuries as a result of clinical negligence lead to clients not working or indeed not working ever again.

To bring a successful medical negligence claim it is necessary to prove the medical treatment was not up to the required standard and to access expert doctors who give their views on the level of treatment or advice given.

This is because in order to bring a successful claim it has to be shown that:

• There has been a breach of the professional duty owed to patients, i.e. the Doctor has not provided care of a reasonable standard.

• That the negligent care has caused the injuries and financial losses.

Typical clinical negligence include:

• Failure to refer a patient for specialist treatment in time or at all.

• Failure or delay in diagnosing an injury or an illness e.g. Wrong tests, wrong time.

• Giving unsuitable treatment by mis-diagnosis or otherwise.

• Poorly conducted or unnecessary surgery.

So if your personal injury claim arises from negligence in the provision of medical care please let us know. These can include:

• Negligent General Practitioners or Accident & Emergency Doctors failing to correctly diagnose or refer.

• Negligent Surgery particularly bowel surgery and/or gynaecological surgery.

• Negligent Hospital Care.

• Negligent Management of Births.

• Negligent Cosmetic Surgery.

• Negligent Orthopaedic Care such as misinterpretation of x-ray or poor surgical techniques.

• Incorrect Prescription Dispensing and/or administration of drugs.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.

Our expert team have assessed the circumstances of people who have suffered an injury or an illness as a result of negligent medical treatment.

Initially we give free advice and advise you on what to do next.

The level of injury that we have seen include:

1. Brain Injuries including Cerebral Palsy and Child Brain Injuries.

2. Blindness.

3. Pregnancy and Maternal Injuries.

4. Spinal Injuries.

5. Amputation Injuries.

6. Orthopaedic Injuries.

7. Surgical Injuries.

8. Cosmetic Surgery Injuries.

9. Bowel Injuries.

10. Exacerbation of Illnesses such as Cancer caused by poor or late diagnosis.

11. Illnesses caused by poor standard or hygiene such as MRSA.

12. Musculo-Skeletal Injuries due to poor orthopaedic surgery.

13. Nursing Care Home Abuse.

Often these injuries as a result of clinical negligence lead to clients not working or indeed not working ever again.

To bring a successful medical negligence claim it is necessary to prove the medical treatment was not up to the required standard and to access expert doctors who give their views on the level of treatment or advice given.

This is because in order to bring a successful claim it has to be shown that:

• There has been a breach of the professional duty owed to patients, i.e. the Doctor has not provided care of a reasonable standard.

• That the negligent care has caused the injuries and financial losses.

Typical clinical negligence include:

• Failure to refer a patient for specialist treatment in time or at all.

• Failure or delay in diagnosing an injury or an illness e.g. Wrong tests, wrong time.

• Giving unsuitable treatment by mis-diagnosis or otherwise.

• Poorly conducted or unnecessary surgery.

So if your personal injury claim arises from negligence in the provision of medical care please let us know. These can include:

• Negligent General Practitioners or Accident & Emergency Doctors failing to correctly diagnose or refer.

• Negligent Surgery particularly bowel surgery and/or gynaecological surgery.

• Negligent Hospital Care.

• Negligent Management of Births.

• Negligent Cosmetic Surgery.

• Negligent Orthopaedic Care such as misinterpretation of x-ray or poor surgical techniques.

• Incorrect Prescription Dispensing and/or administration of drugs.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.

Our expert team have assessed the circumstances of people who have suffered an injury or an illness as a result of negligent medical treatment.

Initially we give free advice and advise you on what to do next.

The level of injury that we have seen include:

1. Brain Injuries including Cerebral Palsy and Child Brain Injuries.

2. Blindness.

3. Pregnancy and Maternal Injuries.

4. Spinal Injuries.

5. Amputation Injuries.

6. Orthopaedic Injuries.

7. Surgical Injuries.

8. Cosmetic Surgery Injuries.

9. Bowel Injuries.

10. Exacerbation of Illnesses such as Cancer caused by poor or late diagnosis.

11. Illnesses caused by poor standard or hygiene such as MRSA.

12. Musculo-Skeletal Injuries due to poor orthopaedic surgery.

13. Nursing Care Home Abuse.

Often these injuries as a result of clinical negligence lead to clients not working or indeed not working ever again.

To bring a successful medical negligence claim it is necessary to prove the medical treatment was not up to the required standard and to access expert doctors who give their views on the level of treatment or advice given.

This is because in order to bring a successful claim it has to be shown that:

• There has been a breach of the professional duty owed to patients, i.e. the Doctor has not provided care of a reasonable standard.

• That the negligent care has caused the injuries and financial losses.

Typical clinical negligence include:

• Failure to refer a patient for specialist treatment in time or at all.

• Failure or delay in diagnosing an injury or an illness e.g. Wrong tests, wrong time.

• Giving unsuitable treatment by mis-diagnosis or otherwise.

• Poorly conducted or unnecessary surgery.

So if your personal injury claim arises from negligence in the provision of medical care please let us know. These can include:

• Negligent General Practitioners or Accident & Emergency Doctors failing to correctly diagnose or refer.

• Negligent Surgery particularly bowel surgery and/or gynaecological surgery.

• Negligent Hospital Care.

• Negligent Management of Births.

• Negligent Cosmetic Surgery.

• Negligent Orthopaedic Care such as misinterpretation of x-ray or poor surgical techniques.

• Incorrect Prescription Dispensing and/or administration of drugs.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.

Our expert team have assessed the circumstances of people who have suffered an injury or an illness as a result of negligent medical treatment.

Initially we give free advice and advise you on what to do next.

The level of injury that we have seen include:

1. Brain Injuries including Cerebral Palsy and Child Brain Injuries.

2. Blindness.

3. Pregnancy and Maternal Injuries.

4. Spinal Injuries.

5. Amputation Injuries.

6. Orthopaedic Injuries.

7. Surgical Injuries.

8. Cosmetic Surgery Injuries.

9. Bowel Injuries.

10. Exacerbation of Illnesses such as Cancer caused by poor or late diagnosis.

11. Illnesses caused by poor standard or hygiene such as MRSA.

12. Musculo-Skeletal Injuries due to poor orthopaedic surgery.

13. Nursing Care Home Abuse.

Often these injuries as a result of clinical negligence lead to clients not working or indeed not working ever again.

To bring a successful medical negligence claim it is necessary to prove the medical treatment was not up to the required standard and to access expert doctors who give their views on the level of treatment or advice given.

This is because in order to bring a successful claim it has to be shown that:

• There has been a breach of the professional duty owed to patients, i.e. the Doctor has not provided care of a reasonable standard.

• That the negligent care has caused the injuries and financial losses.

Typical clinical negligence include:

• Failure to refer a patient for specialist treatment in time or at all.

• Failure or delay in diagnosing an injury or an illness e.g. Wrong tests, wrong time.

• Giving unsuitable treatment by mis-diagnosis or otherwise.

• Poorly conducted or unnecessary surgery.

So if your personal injury claim arises from negligence in the provision of medical care please let us know. These can include:

• Negligent General Practitioners or Accident & Emergency Doctors failing to correctly diagnose or refer.

• Negligent Surgery particularly bowel surgery and/or gynaecological surgery.

• Negligent Hospital Care.

• Negligent Management of Births.

• Negligent Cosmetic Surgery.

• Negligent Orthopaedic Care such as misinterpretation of x-ray or poor surgical techniques.

• Incorrect Prescription Dispensing and/or administration of drugs.

If you have had an accident and feel that the owner of the property is at fault for your injury call us for advice on 01566 772375.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you.