Archive for category: blog

Solicitor negligence through failing to prepare a will in time

A solicitor drafting a will owes a duty of care to his client to prepare a will with proper care and skill. If the person drafting the will makes a mistake or gives poor advice , his client (the testator making the will) has a right of action against him to recover any loss. However, by the time a mistake has been discovered the testator is dead and has not himself suffered any loss. Any loss from a badly drafted will usually falls on the disappointed beneficiaries i.e. those who ought to have inherited were it not for the mistake.

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Wills - A Lack of Understanding?

Making a Will can be a complicated process. A solicitor preparing a Will needs to be confident that the person making the Will has capacity to do so i.e. that they understand the nature and effect of making a Will, the extent of their estate and the claims of those who might expect to benefit from the Will. For the purposes of The Mental Health Act 2005, a person lacks capacity in relation to a matter if they are unable to make a decision for themselves because of an impairment or disturbance in the mind or brain.

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Deposit Protection - A Dilemma

Since 6th April 2007, Landlords across England and Wales have been required to protect their tenants’ deposits in an authorised scheme.

However, there is still some confusion about the finer details of the law. I am often asked by Landlords whether they need to protect tenants’ deposits if they were paid before 6th April 2007 or where a periodic tenancy came into force after 6th April 2007.

The Court of Appeal in recent the case of Superstrike Ltd v Rodrigues [2013] has addressed this issue. The Court confirmed that it is necessary to protect a deposit in such circumstances. The implications of not doing so are best illustrated in a case I recently handled.
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Solicitor Negligence – A Miner and underpaid compensation

When it comes to professional negligence, it’s easy to forget that solicitors can also end up causing their clients financial loss. When you are putting forward a claim, you trust your solicitor to provide you with the best possible legal advice, and when they do not observe this professional duty they need to be held to account.

A case of solicitor negligence recently came to light, where a former coal miner won a case against his previous solicitors who negligently provided him with advice that led him to abandon part of his claim.

Mining is undoubtedly a hazardous occupation –Inhalation of dangerous materials, injury from equipment or vibration white finger are among the more common claims, and it’s down to solicitors to ensure that when accidents happen, miners are awarded the proper compensation to help them cope with the aftermath.
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Independent Financial Advisors; an end to confusing charges?

A recent shake up of the financial world was designed to make the process of engaging and paying IFAs simpler, clearer and more transparent. This followed years of hidden commissions with consumers kept in the dark as to the true cost of advice.

The new rules provide for:

• A total ban on commission payments
• Fees to be agreed with consumers up front
• A broader scope of products on which an advisor must be able to advise on in order to operate as an IFA and the introduction of a new definition of “Restricted Advice”.
• A requirement for IFAs to spell out all charges very clearly – in pounds and pence, rather than as percentages.

The changes were welcomed by many, who felt they have been short-changed for years, particularly when compared with the Investment Fund Markets in countries such as the United States. The US pay half as much as the UK for financial advice.

The financial world is complex to navigate. It’s no wonder that we rely on the expert knowledge of IFA’s. Unfortunately this has left consumers vulnerable.

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