Litigation vs ADR

Most clients these days have heard about alternative dispute resolution and will be familiar with what this means however, when in the heat of a legal dispute, these alternatives to the expense of Court proceedings can often be forgotten

NO MORE “SAME ROOF” RULE

Since the Criminal Injuries Compensation Authority was first introduced in 1964 victims of violent crimes could make a claim against the Government for the injuries they suffered

Landlord and Tenant Evictions – Don’t get it wrong

Dealing with nuisance tenants can sometimes be more of a worry than a problem

Medical Negligence – Care Home Negligence

Making the decision to live in a care home is a big step for most people

Medical Negligence Paralegal: How My Nursing Qualification Enhances My Role

I am a medical negligence paralegal and I have been working at Maxwell Hodge since 2017

Medical Negligence FAQ Editorial

At Maxwell Hodge we offer a range of legal services, including acting for our clients in claims for medical negligence

Case Study – Medical Negligence

We have recently dealt with a medical negligence claim for a client and successfully secured compensation

Professional Duty of Candour

The Duty of Candour Regulations, implemented by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, came into force in November 2014 for NHS Bodies and in April 2015 for all other organisations

Case Study – Medical Negligence

We have successfully concluded a medical negligence claim for one of our clients

Fixed Recoverable Costs – Changes which are likely to affect your claim – Personal Injury and Clinical Negligence

Personal Injury Claims On 2nd October 2023 new rules came into force which meant that certain cases will be subject to fixed recoverable costs (FRC)

Fixed Recoverable Costs – Changes which are likely to affect your claim – Disputes and Litigation

On 2nd October 2023 new rules came in to force which meant that certain cases will be subject to fixed recoverable costs (FRC)

Case Management, Rehabilitation and Interim Payments

In an accident involving a serious injury, it is essential to secure an early admission of liability in order to obtain the crucial treatment needed to aid a client’s recovery

Meet the Team – Leah Richards

We are delighted to welcome Leah Richards, Paralegal, to our Medical Negligence Team at Maxwell Hodge

Meet the Team – Yasmin Perry

We are delighted to welcome Yasmin Perry to our Medical Negligence Team

Navigating Debt Collection

Being owed money can be a tedious, stressful occurrence for anybody who is unfortunate enough to be a part of it

Debt Claims – The Protocol

From the 1st of October 2017, new legislation came into effect, which affected how debt claims would be conducted and has since shown to slow down the speed of recovering money from debtors

Costs Changes to affect Medical Negligence cases

In February 2023, the Government announced that costs reforms were coming into force in April 2023

Serious Injury Claims and Damages

If you have been involved in a serious accident, which was not your fault, which has caused injury, there are two types of damages that you can claim.

I have a Judgment – How can I get my money back?

This is a question that our clients are always worried about when they are owed money by a third party (the Defendant)

Expert Evidence

When you bring a claim for damages following a serious injury, as the Claimant, you must prove that you have suffered an injury which has been caused by the accident.

CASE STUDY – October 2022

The claim is in relation to the treatment the Claimant’s father, now deceased, received whilst he was under the care of the Royal Liverpool University Hospital (RLUH) in the period before his death.  The claim was brought by the son. The Claimant’s father was admitted to RLUH in June 2018 and upon admission, a Falls…

Medical Negligence Claims Arising Out Of Poor Medical Treatment At Care Homes

We would all like to think that all care homes treat their residents with dignity and look after their medical needs with the expertise they deserve, as they owe a duty of care to their residents to do so. Largely that is true, but what should you do if you or a loved one suffers…

Bring Your Claim In Time

As a personal injury lawyer, one of my concerns is to consider whether a claim is brought in time

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020

A Guide for Creditors and Debtors At Maxwell Hodge Solicitors, one of our many expertise is to represent clients in recovering debt amounts, seeing the matter through from initial negotiations to enforcement procedures. Therefore, we are aware of the issues and questions faced not only by Creditors, but also Debtors alike. Following the new regulations…

FUNDAMENTAL DISHONESTY – WHAT YOU NEED TO KNOW

If you are bringing a claim for personal injuries, whether this be from medical negligence or an accident claim, your solicitor may talk about “fundamental dishonesty”. So what does this mean?

CASE STUDY – Medical Negligence

We have recently dealt with a medical negligence claim for a client and successfully secured compensation. The claim involved cataract surgery with anaesthetic administered to the Claimant during the same. The client had attended hospital to have cataract surgery. She had a left eye cataract and this was uneventful. She returned to the same hospital…

COSTS OF CIVIL LITIGATION

We are often asked by our clients how much it will cost to bring a claim to court. The answer is wide ranging due to the nature of different disputes and also depending on the complexity of a case and how much work would be involved. Disputes such as Will disputes, contract disputes and property…

PERSONAL INJURY TRUSTS

If you have had a successful accident claim, then you may be entitled to receive compensation.

The Ockenden Review

The Ockenden Review into failings in maternity care at Shrewsbury and Telford Hospital NHS Trust has been published today.

Never Events

NHS England’s website defines “never events” as “.. serious incidents that are entirely preventable because guidance or safety recommendations providing strong systemic protective barriers are available at a national level, and should have been implemented by all healthcare providers”.

CASE STUDY – ACCIDENT AT WORK

We have successfully completed a claim for a client involved in an accident at work.

Struggling with debt? Help is at hand

Debt can be a daunting thing. A lot of people don’t like to talk about debt because it feels almost “taboo”.

Case Study – Tripping Accident

We have successfully concluded a claim for one of our clients following a tripping accident

Neighbour Disputes

During our work, assisting clients with disputes, we often are instructed in connection with breakdowns in relationship between neighbours, primarily over land, which forms the boundary between properties.

Upcoming Highway Code Changes

Changes to the Highway Code will shortly be coming in to force. Here’s what you need to know to avoid an accident or liability

CASE STUDY – TRIPPING ACCIDENT

We have recently concluded a claim for one of our clients following a tripping accident.

Medical Negligence Cases

We recognise that not receiving proper medical care can have devastating consequences for you or your loved ones.

RTA – New Changes however Solicitors are still actively involved

Following the changes that came into effect on the 31st May 2021, the Official Injury Claims Portal recently released figures showing that at least 45,718 claims have been submitted through the online Claims Portal between the 31st May and the 31st August 2021.

Is your rented property habitable?

We regularly act for Landlord and Tenants in connection with property disputes and providing advice.

Landlord and Tenant – Is this a sign of “normal times”?

As someone who specialises in tenant evictions, the past 19 – 20 months have been somewhat of a whirlwind.

COVID-19: DELAYS IN DIAGNOSIS AND TREATMENT

The impact of the Covid-19 pandemic has been devastating both in the UK and worldwide.

Medical Negligence – Time Limits for Bringing a Claim

There are time limits for bringing most claims. The time limit for a clinical/medical negligence claim is 3 years from the date of injury, or 3 years from the date of knowledge.

Property Disputes – your questions answered

We are asked many questions about property disputes, but most of the questions relate to co-ownership.

RTA Small Claims

We have been keeping you informed about the changes to RTA claims, which came into force on 31st May 2021.

Small Claims RTA – The Detail Announced

In April 2021, we reported that the Road Traffic Accident (RTA) claims process was changing.

Case Study – Accident at Work

We have recently concluded a claim for one of our clients following an accident at work.

The New Small Claims RTA Protocol

On 31st May 2021, a new system will come into force for dealing with whiplash injuries arising out of a road traffic accident (RTA). This system is a complete overhaul of whiplash claims as we know it.

To defend or not defend? That is the question.

In my many years practicing family law, I have seen a multitude of reasons for filing for divorce raised by Petitioners.

Making a Complaint about NHS Treatment

If you believe that you, or a member of your family, have received substandard or negligent care, you may wish to send a letter of complaint to the NHS Trust or the individual responsible for that care.

Leaving Reviews Online – What you need to consider

The attached article published by Legal Futures highlights the risks involved in leaving online reviews against any business. It seems commonplace these days for many people to turn to online reviews to vent their frustration when a service has not met their expectations. However, the attached article highlights the risks in doing this. If you…

Whiplash Reforms

We reported in March 2020 that the Whiplash reforms had been pushed back due to the Covid-19 health crisis. The Reforms have recently been pushed back again, until May 2021, but are still set to go ahead.

Limitation

Throughout the dealing of your claim, your Solicitor may discuss Limitation. The Limitation Period is the time you have to bring a claim.

Landlord Concerns Regarding Eviction Process

In the past few months, the world has been turned upside down, whether the concerns relate to health, wealth or employment situations.

Solicitors, Barristers and Experts – Who’s who?

You will probably come across a number of different professionals during the course of your serious injury claim – but how do you know who they are and what they are doing to assist your claim?

Settlement / ADR

There are formal processes to try and settle your serious injury claim. These processes are collectively known as Alternative Dispute Resolution (ADR).

Claims involving disputes and litigation during lockdown

The Covid-19 health crisis has meant that we are mostly confined to our homes, working from home, home schooling our children and trying to stay safe.

Claims involving medical negligence and personal injury during lockdown

The Covid-19 health crisis has meant that we are mostly confined to our homes, working from home, home schooling our children and trying to stay safe. Except for Key Workers, life is almost entirely on hold. However, for some of our clients they still have claims which require attention.

Whiplash Reforms

The Civil Liability Act 2018 brought about proposed changes to Road Traffic Accident claims. These changes are not yet in force however, statutory instruments are being passed through parliament to bring in these changes. The changes should have been in force in April 2020 however, have now been pushed back to August 2020. With the…

Part 36 Offers

Your Solicitor will discuss the potential to settle your claim throughout the claims process. Medical evidence will be needed to value your injuries together with any other reports to value your financial losses. Our Guides on Damages and Expert Evidence detail these processes.

Issuing a Claim and the Court Process

A Solicitor may have to issue a claim for a number of reasons. If liability is in dispute, a settlement cannot be reached or there is a deadline approaching for your claim, then court proceedings may be issued. Issued means sending the details of your claim to the court. The court will then process the…

Serious Injury Claims and Damages

If you have been involved in a serious accident, which was not your fault, which has caused injury, there are two types of damages that you can claim.

Evidence and Proving Your Claim

Depending on the type of accident which has caused your serious injury, your Solicitor will be particularly interested in any evidence you have to prove your case. As the Claimant, the burden of proving the other party is at fault rests with you.

WHAT DO YOU EXPECT FROM YOUR SOLICITOR?

One of the most difficult aspects when choosing a solicitor is having trust and confidence in them. Where do you start and how do you make the right choice?

Impending Disrepair Claims for Tenants

The Homes (Fitness for Human Habitation) Act 2018 comes in to force on 20th March 2019.

Changes to Personal Injury Claims

Government Minister Lord Keen of Elie has confirmed that a statutory instrument to increase the small claims limits in Personal Injury cases will be brought forward in the second half of this year.

What are Special Damages?

If you have been involved in an accident which was not your fault, there are two types of damages which you can claim for.

Housing Disrepair Claims

Do you know what your rights are?

Maxwell Hodge see increase in Harassment Claim Enquiries

Under the Protection from Harassment Act 1997 it is a criminal offence for someone to Harass you. The act also creates a civil cause of action for individuals who are subject to Harassment.

Changes to definition of package holiday helps those booking on the internet

The Package Travel and Linked Travel Arrangements 2018 apply to holidays booked from 1st July this year. They extend the definition of package holidays and introduce the concept of linked travel arrangements.

WHEN YOU GET WORK DONE AT HOME – KNOW WHO IS WORKING FOR YOU

When you make a decision to have work done on your home, time is spent considering what sort of work is required, who should do it and how much you can afford to pay. These are all important decisions, which can be difficult.

The Future of Injury Claims

The Future of Personal Injury claims is set to drastically change in the next 12 months with changes to RTA legislation anticipated by April 2019 with further changes to come. The detail is still largely unknown to most practitioners and concerns are that the public will no longer have the access to justice they need.

Injury Claims against Untraced Drivers

In 2003 the Untraced Driver’s Agreement came into force with the Motor Insurers Bureau controlling a central pot to compensate injured victims involved in accidents with untraced drivers. This agreement was designed to allow victims to make a claim for injuries resulting out of “hit and run” accidents. The agreement imposed certain conditions which the…

Property Disputes Can Be Costly

One of the most valuable assets to us is our home. If you own a property, you need to ensure that it is taken care of and that there are no issues which could result in the property being worth less than market value. A number of unexpected issues can mean that your property is…

NEW YEAR MEANS NEW RULES FOR LANDLORDS

From 1st of April 2018 Landlords must meet the maximum energy levels regarding residential properties. If not, they will face a fine of up to £5,000.

Making a claim against an Uninsured or Untraced Driver

What happens if I am in an accident with an Untraced or Uninsured Motorist?

KNOW WHO IS WORKING FOR YOU

When you make a decision to have work done on your home, time is spent considering what sort of work is required, who should do it and how much you can afford to pay. These are all important decisions, which can be difficult.

Compensation Explained

Personal Injury claims have had quite a lot of bad press of late. There are suggestions that individuals who have been involved in accidents are claiming compensation when they have not been injured and just make claims as a matter of course. Insurers claim that for people in say a road traffic accident, a claim…

Service Charges Claims set to rise?

Leasehold properties, regardless of length of term, will usually make provision for the Landlord, or Freeholder, to charge a service charge for the services the Landlord is obliged to provide under the terms of the lease.

Property Disputes and Joint Owners – What happens when one owner wants to sell?

We are often contacted by clients who own a property with a partner or spouse however that relationship has broken down and they wish to move on. Often they will want to sell the property but the other owner refuses and wants to stay in the property.

Clamp Down on Bogus Holiday Sickness Claims

The Government have announced plans to clamp down on bogus holiday sickness claims.

The Misbehaving Executor

When someone close to you dies it can be a difficult time, both emotionally and practically. If that person has left a will you may find that you have been appointed to act as one of the executors.

Mediation as a way forward

Despite our best of intentions, and no matter what systems we have in place, difficulties can occur, giving rise to conflict, both within the internal workings of our business and with third parties.

Manual Handling and Repeat Tasks at Work

Are you struggling with pain due to manual handling and repeat tasks at work? We can help with that.

Manual Handling and Repeat Tasks

Mrs Goget is employed by a well-known retailer and major employer. Her job is to keep the shelves stocked. Largely, she works alone. Mrs Goget has been doing this job for a number of years but, more recently, her employer has been short staffed and Mrs Goget has been required to work extra hours.

Road Traffic Accidents: Back to Basics

Frequently asked questions in relation to making a road traffic accident claim.

Potholes – A Liverpool Pandemic

Potholes in the road are a popular discussion topic in Liverpool at the moment as the Council say they don’t have enough funds to repair the current defective roads and pavements. Joe Anderson has recently stated that funds of around £400 million are needed to fix the current road crisis in Liverpool. It is believed…

Litigation – it doesn’t have to mean Court

Most clients these days have heard about alternative dispute resolution and will be familiar with what this means however, when in the heat of a legal dispute, these alternatives to the expense of Court proceedings can often be forgotten. It is worth noting that some disputes cannot be resolved without the Court’s help however for…

How long is the Guarantor of a Tenancy liable for?

You have agreed to act as Guarantor and signed an Assured Shorthold Tenancy Agreement for a family member or friend. The lease Agreement was for a fixed period which has now expired. The landlord is now looking to you for payment of the rent but the lease has expired. Why then are you liable to…

Is it too late to claim?

Dealing with the Criminal Injuries Compensation Authority, more commonly known as the CICA can be a stressful and emotional time. This can be why people don’t claim. But when is it too late to claim?

Making Legal Services More Affordable for Clients

Did you know that if you are involved in a legal dispute or claim and you get stuck along the way, you don’t always need a Solicitor to take over dealing with the whole case for you.