The first involved a Mrs Julie McFarlane who was divorced from her high earning accountant husband. She had been originally awarded £250,000 a year from her ex-husband for a period of 5 years. However, the House of Lords overturned this and decided that Mrs McFarlane was entitled to that income of £250,000 a year for life! This decision has far reaching implications, and not only for relationships involving very high earners.

Mrs McFarlane argued that she had given up a high earning career when she married some eighteen years earlier. Until very recently maintenance for wives who stayed at home to look after and bring up the family was limited to their living expenses. Now, however, the House of Lords has ruled that Judges must consider not only the financial contribution made by the wife, but also some compensation for her loss of living standards caused by the divorce. Mrs McFarlane's lawyers successfully argued that because she had given up her career, created a stable home life and brought up the children her husband could concentrate on career.

Certainly the judgment for Mrs McFarlane means that ex-wives will no longer be restricted to a limited sum of money for their basic needs only.

Mrs Melissa Miller was also having her case heard in the House of Lords. This was a claim for a capital settlement being made by a wife after a brief marriage of only 2 years and 9 months to a man reputed to be worth £32 million. There were no children of the marriage.

Until very recently the law was that in a short marriage, which was deemed to be three years or less, each party left the marriage with a return of what they had put in if this was possible to achieve. She argued in the courts that she was entitled to a reasonable expectation of a wealthy lifestyle and that the only reason that she had not been able to carry on with the marriage was that her husband had committed adultery.

Other than in exceptional cases, for many years the courts had taken the view that the conduct of the parties would not affect how judges would make awards of money. However, it does seem that in Mrs Miller's case her husband's conduct was taken into account. Indeed, the court appears to have effectively awarded Mrs Miller compensation for her husband's adulterous conduct.

So the days when a wife in a short marriage could expect very little now appear to have come to an end. This raises the related question of whether pre-nuptial agreements should be enforceable, but the decisions in the McFarlane and Miller cases did not deal with this.

The Claimant was in his early thirties and was involved in a road accident in which he suffered a severe injury to his leg. He was a professional man and had an impressive track record as a financial consultant.

Because of his injuries and the type of work that he was doing, we managed to establish that he would have to change jobs and suffer a very significant cut in his income. We argued successfully that there was a very significant claim for future loss of earnings, as well as sizeable claims for the care and assistance he required and adaptations to his home.

The case was resisted by the insurers for the other driver. Eventually, we were successful in agreeing settlement shortly before the trial for more than £1,520,000 together with payment of legal costs.

The client commented:

"I was absolutely delighted with the result. The case was made easier as my solicitor came to my house when required and told me what was going on every step of the way".

Perfect weather conditions allowed runners to enjoy the fast flat multi-terrain which took them from The Exchange gym in Bridgwater out to Chilton Trinity and back. Lead runner and overall winner Les Lock from Wells City Harriers steamed home in 30mins 51secs. First lady home was Sally Tovey from Devon in a time of 38 mins 1sec.

Michael Eavis  presented trophies to all the winners and everyone collected a medal and a goody bag. All results can be found on www.runnerswebuk.com.

Pardoes would like the race to be an annual event.

Pardoes employee Becky Palmer, aged 25, braved heights of 15,000 ft in a tandem parachute jump to raise money for MIND charity.

After receiving an email asking for willing volunteers, Becky “jumped” at the chance to bravely do the skydive, not only raising money for charity, but also accomplishing one of her tasks on her “things to do before I die” list.

Arriving at Dunkeswell airfield initially on the 2nd February, due to the horrendous weather conditions, her jump was cancelled. However, a few weeks later on the 8th March Becky travelled up again, mother and boyfriend in tow, for her second attempt. Luckily, the weather proved in her favour and she was able to successfully complete her tandem skydive. On the day she was offered the chance to jump at an extra 5,000 ft from 10,000ft to 15,000 ft for an extra £50.00. This gave her an extra 60 seconds of freefall before the parachute opened. Becky comments:

"Before I knew it I was freefalling. It was amazing. I don’t remember much but it was a great feeling. Then after about 1 minute of freefall the parachute opened. It was so peaceful and the sights were amazing”.

Becky has so far raised a total of £400.00 for MIND, who are a mental health charity who provide an information service, legal advice, and campaigning and policy work concerning the rights of people who experience mental distress.

The CICA initially refused Mr Bishop's claim for compensation because he did not meet the authority's criteria for compensation - he was neither the victim of a violent crime nor suffered fear of immediate physical injury. Last week an appeal tribunal overturned the ruling and a future hearing will now determine the level of compensation.

Russell's thoughts on the case: "The appeal tribunal decided that the spirit of the law should be observed. Mr Bishop has suffered considerably from the false accusation. He is now emotionally incapable of driving a taxi for fear he might again be falsely arrested in his own sitting room at 4.30am in front of his wife. He also, for a considerable time, lived in fear of vigilante-type violence from the young woman's friends and family. This is why, despite the poor prospects of success, we decided it was important to proceed with the appeal - and we won."

Justin Goodman has received the very real honour of qualifying for the prestigious position of being on the top two panels in the Clinical Negligence arena.

Justin has just been accepted for membership of the Solicitors Regulation Authority Clinical Negligence Accreditation Scheme. The SRA regulates more than 100,000 Solicitors in England and Wales and one of its main functions is to protect the public by ensuring that Solicitors meet high standards.

Justin has achieved special recognition for his expertise in Clinical negligence litigation and is now one of a handful of Solicitors in Somerset with this kite mark accreditation.

In addition Justin has also been awarded membership of the Specialist Clinical Negligence panel of Action against Medical Accidents (AvMA) which is the independent charity promoting better patient safety and justice for people who have been affected by a medical accident.

Indeed Pardoes is only one of four legal firms in the whole of the South West that has two solicitors as members of both bodies. Membership of these panels is recognition of the real expertise available locally to clients in Bridgwater, Taunton and Yeovil through Pardoes Solicitors who have an excellent track record acting on behalf of clients who have suffered.

Justin commenting on his appointment comments "It is always advisable to take specialist advice in a complex area of legal work such as clinical negligence as it is very different in terms of law, practice and procedure from standard personal injury matters."

The Exit Club www.exit-club.co.uk is designed to deliver a faster, more joined up and more cost-effective service for businesses considering an exit, whether it's a family succession, trade sale, management buy-out, floatation or business closure.

The Club provides a free, no obligation forum where advisers such as lawyers and accountants work together, rather than independently, to deliver genuinely joined-up advice to individual businesses considering an exit. The South West's leading advisers have signed up as Exit Club members to offer an initial free, no obligation forum for small to medium sized businesses.

The Exit Club works on a simple two-stage process. Business owners contacting the Club receive an initial free assessment of their objectives, followed by a free and confidential meeting with a group of advisers whose expertise and experience best suits their requirements. There is no obligation to connect with any advisers following this meeting. However, any business invited to the forum is welcome to instruct one or all firms taking part on the transaction being considered.

Sean O'Riordan, a solicitor in the Business Services team, comments "As a firm, we are pleased to be associated with the Exit Club and the fundamental objectives of advising businesses on such an important question- how do I exit my business? We believe the Exit Club offers businesses an excellent opportunity to get comprehensive advice at a crucial time. By getting clear and accurate advice from a specialist team of advisors, they are able to plan for a successful exit from the business cost-effectively."

Club founder Tracey Williams (MD of Exigo Corporate Finance) said shortening the time taken to complete deals were major considerations for businesses of all sizes. "It is not often that businesses get the opportunity to discuss their requirements with all their advisers at the same time," she said. "We have had an overwhelming response both from business owners who like the idea of a fast, cost-effective service that demystifies the exit process, and from professional advisers who see the benefits of being involved in a more joined-up way of working. We're pleased to be able to offer a service that businesses were actively looking for, but were not able to find until now."

Pardoes is a recognised Exit Club Expert.

If you want to receive any further information on the Exit Club then please contact David Stevens or Sean O'Riordan from the Business Services team.

Held on Saturday 19th September at Wimbleball Lake, Dulverton, Somerset in the beautiful Exmoor National Park, there were varying distances to choose from ranging from 1 ½ miles to 9 miles.  There was the opportunity of a boat trip back to the start at the 5 mile point for those who were feeling the strain from the arduous walk.  The girls however, stuck it out and made it through to the finish. 

Carla Tier comments: "We were extremely lucky with the weather, there was a fantastic turn out with people walking for their chosen charities and it really was an enjoyable experience".

Money raised will be shared 50:50 between Somerset Sight and Somerset Community Foundation; a charity that raises funds and makes grants to a wide range of community projects and voluntary groups that benefit local people.

Between the team, the girls have so far raised in the region of £500.00 for the charity, and wishes to thank everyone for their support.

Chartered Fellow is the most senior grade of membership that you can apply for. To become a Chartered Fellow you must have ten years' relevant experience at managerial level, seven of which must be in a specific HR or people development role. Current and most recent roles must be at a strategic management level, confirming career progression.

This is about the top of the tree within CIPD, and therefore reflects the time Karen has spent in operational / HR roles, focusing on the personal development of individuals within the firm to equip them with additional skills so that their roles are enriched and developed within the firm. This provides the individual with a greater skill set and job satisfaction and the benefit to a firm such as Pardoes is that we become more efficient at our role, allowing us to be more effective and productive during our time at work.

Please see Careers page for further details and how to apply.

Pardoes were proud to support such a worthy cause, especially as the event was held in honour of Jakobi Hookens, grandson of Pardoes team member Christine Hookens.

CLIC Sargent provides all around care and support to children suffering from cancer and in addition provides invaluable support to the families of the children. CLIC Sargent has been in constant contact with Jakobi and his family since his diagnosis, providing them with accommodation whilst Jakobi undergoes his treatment and also with immeasurable financial and emotional support through what has been a difficult time for the family.

It was an evening of entertainment with live music being generously provided by tireless fundraiser Jaden Cornelius (formerly of 90's boy band B-Yond) and his support act Caroline Whale. Local solo guitarist Mike Bess also performed at the event.

The evening also hosted an auction and raffle in aid of Jakobi's CLIC Sargent Fund. Pardoes joined forces with Yeovil Town Football Club to donate a signed shirt for the auction and with Millichamp and Hall to donate Somerset Cricket Shirts; one signed by Justin Langer and two other shirts signed by the entire Somerset side. They also kindly donated a gift experience to have your very own bat made to measure at Millichamp and Hall's workshop down at the County Ground.

The evening was a huge success with over £3,500.00 being raised for Jakobi's fund! Christine Hookens and Pardoes would like to thank everyone for their kind donations and support. 

For more information on the charity and the fantastic work it carries out just visit:
www.clicsargent.org.uk

To visit Jakobi's fundraising page, just click on www.bmycharity.com/V2/jakobihookensfund

The ‘Space to Grow' campaign aims to raise £4.7 million to build a pioneering and urgently needed brand new Neonatal Intensive Care Unit.

One in ten babies are born premature or seriously ill and require treatment and care in the NICU with some babies staying in the unit for up to six month. The current NICU at Bath Royal United Hospital built in the 1970's now struggles to accommodate the larger and more sophisticated incubators and monitoring equipment.
The plan is to build a pioneering, sustainable NICU that will create a low carbon building, optimising space and bringing about a highly beneficial healing and supportive environment for its babies and their families, fit for 21st century care.

The team of 11 runners from across the business have commenced training routines and with only four months to go are shaping up and in good spirits raring to go.
On Sunday 7th March 2010 the team will be running the two lap race of Bath city centre covering a distance of 13.1 miles.

The team from Pardoes Solicitors and Pardoes Bevins HR hope to raise a substantial sum in support of the ‘Space to Grow' campaign. If you would like to support the team and the campaign please contact team captain Claire Rowswell on c.rowswell@pardoesbevins.co.uk or 01935 411191. Alternatively sponsorship donations can be made directly to the charity via www.justgiving.com/team-pardoes

The ‘Space to Grow' campaign aims to raise £4.7 million to build a pioneering and urgently needed brand new Neonatal Intensive Care Unit.

One in ten babies are born premature or seriously ill and require treatment and care in the NICU with some babies staying in the unit for up to six month. The current NICU at Bath Royal United Hospital built in the 1970's now struggles to accommodate the larger and more sophisticated incubators and monitoring equipment.

The plan is to build a pioneering, sustainable NICU that will create a low carbon building, optimising space and bringing about a highly beneficial healing and supportive environment for its babies and their families, fit for 21st century care.

The team of 11 runners from across the business have commenced training routines and with only four months to go are shaping up and in good spirits raring to go.
On Sunday 7th March 2010 the team will be running the two lap race of Bath city centre covering a distance of 13.1 miles.

The team from Pardoes Solicitors and Pardoes Bevins HR hope to raise a substantial sum in support of the ‘Space to Grow' campaign. If you would like to support the team and the campaign please contact team captain Claire Rowswell on c.rowswell@pardoesbevins.co.uk or 01935 411191. Alternatively sponsorship donations can be made directly to the charity via www.justgiving.com/team-pardoes

Until December 31st 2009:
Simple Wills: £100.00
Simple mirror Wills: £130.00.

All prices inclusive of VAT.

For more information please contact George Persson, Jacqui Hellings, Emily Knowles or David Martin

A tribunal in Taunton ruled Clive Bishop, of Walton, Somerset, can apply for compensation from the Criminal Injuries Compensation Authority (CICA).

In 2007, Mr Bishop was falsely accused of rape by a woman who made up the allegation. She was given a 10-month prison sentence as a result.

The 49-year-old said he lost his taxi business and was shunned by his local community as a result of the claims.

His previous attempts to claim from CICA had been turned down because he did not suffer physical damage.

In February 2007, Mr Bishop was arrested and charged with raping a girl he had picked up in his taxi.

Six weeks later he was told the case would not be proceeding as the girl had dropped her claim and had been charged with attempting to pervert the course of justice.

CICA's view that Mr Bishop was not entitled to compensation as he had not been a victim of physical violence was overturned by the court on Wednesday.

Mr Bishop said: "I feel the way that I was treated - being arrested in my own living room at 4.30 in the morning in front of my wife - I don't think that people understand the distress, the hurt that it caused myself, my wife my family and my friends. It was horrific."

The Taunton tribunal has now ruled that Mr Bishop does have grounds for compensation and should continue with his application.

Russell Pearce, Partner of Pardoes comments:

"I was very pleased to be able to help Mr Bishop. He was falsely accused of a very serious office and the Defendant was sent to prison for 10 months for attempting to pervert the course of Justice.

The Criminal Injury Compensation Authority initially refused the application. We were able to argue successfully that Mr Bishop has suffered psychological distress and injury as a result of the false accusations. Clearly the result was a tremendous relief for Mr Bishop. It may also help others in the same position to get justice".

Source: BBC News. 

Links: http://news.bbc.co.uk/1/hi/england/somerset/8048252.stm

As well as sponsoring the conference, Pardoes will be sending along a team of employment law experts, who will be offering a Clinic on the day. You can book a half-hour consultation with either of our solicitors, and appointments can be made either in advance of the conference or on the day.

Sean McDonough is an Employment Law specialist and heads up the Firm's Employment and HR Department and Business Seminars Group. He has significant experience of dealing with varied contentious and non-contentious cases and work on behalf of senior executives and employees within PLCs, NHS Trusts, Charities, Further Education Colleges and SMEs. Sean also provides in house training for clients. He is a member of the Employment Lawyers Association.

Sarah Driscoll is a solicitor and works within our Employment & HR department. She assists both employers and employees. For employers her work includes preparation and audit of employment contracts, policies and procedures. Sarah also advises on all aspects of the employment relationship, to protect employers against the risk of claims and offering strategic advice and support should a dispute arise. For employees, Sarah provides advice on rights associated, for example, with dismissal and discrimination.
Also attending from Pardoes will be Andy Bevins, who is our Business Development Manager. Andy will be on hand to answer any broader questions regarding the Firm and the broad range of services we have to offer.
There will be four speakers attending on the day;

Dr. Graeme Codrington (FPSA) will be presenting "Mind the Gap: understanding different generations";
Debbie Wilkes will be presenting "Leadership and Power in HR";

Gerwyn Davies will be presenting "Anticipating future trends in the UK job Market"; and

Professor Patrick W. Jordan will be presenting "The psychology of Success - How to Thrive in good times and bad"

Also exhibiting will be People Management Magazine, Upgrading Stand - to enable you to get the best support and advice, Free Massage provided by Angel Complementary & Beauty Therapies and Graphology Jane Shaw Cunningham will be providing free readings.

To arrange to see either Sean McDonough or Sarah Driscoll at the Conference, please contact Sarah-Jane Myers on 01935 382680 or email her at sarah.myers@pardoes.co.uk

Guy Eskell

The Claimant, a disabled road accident victim was just nine when he was struck down by a private ambulance. As a result he was left paraplegic and dependant on constant care. Eleven years after the accident he was awarded £1,139,000 compensation payout for his injuries. Part of the award was applied in buying, adapting and equipping a suitable home for the Claimant, with the balance being invested. The Claimant had no other capital and no income save for the state benefits to which he was entitled, amounting to approximately £180.00 per week, and the income from the invested fund, approximately £26,000 per annum, gross.

The Claimant claimed he was being unlawfully charged for his care by Plymouth City Council, their stance being that his income from that award - about £700,000 of it remains invested in the Court of Protection - should be taken into account when assessing his entitlement to free non-residential care. The total charge for day services which the authority provided the Claimant in the instant case normally amounted to approximately £163 per week.

The issue of charging the Claimant for his non-residential care was not in dispute, but Mr Guy Eskell argued the Council had "blindly applied" guidelines and "unlawfully fettered" its own discretion over whether or not the Claimant should be made to contribute towards his care.

The challenge was dismissed by Mr Justice Holman who said the Council had explained that due to the "considerable budgetary pressures" posed by the city's ageing population its policy is to charge for care services "where it is permitted to do so... in order to maximise the services that can be provided".

During the hearing, the Judge was told that the Council was now in the process of reviewing its policy on whether damages awards should be taken into account for care charging purposes.

Although the High Court dismissed the accident victim's appeal, it was still a great achievement to successfully pursue this case all the way to the High Court for a Judicial Review.

For full details, please see the Law Report [2009] ALL ER (D) 122 (Dec) and Judgment [2009] EWHC 3279 (Admin)

Summary also available here

Chris Hellings, sponsored by Pardoes had a great year with some top results in the BTRDA Rally Championship.

Stepping up from last year, with a new car, the Ti Motorsport built MG finally came together with just a few hours to spare before the first event of the season - the Wydedean Rally, Monmouthshire. The event weekend coincided with the ‘cold snap' in February 09 and conditions were more like ‘Rally Sweden' and very different to anything normally experienced in the UK. However, despite the extraordinary slippery stages, and an unfamiliar car that needed a few set up tweaks, the team was very pleased to come home mid way down the class in 6th giving a positive start to the championships.

The next rally saw Chris take second place, a first Rally First podium finish as well as top Somerset Crew.

Unfortunately, wet and slippery conditions and technical car faults didn't prove for a great start at the Plains Rally, Mid Wales, the third rally in the championship. However, Chris showed he has definitely got the pace to complete setting his first Rally First fastest stage time through the infamous Mick Jones' Timber Yard.

Pushing through the stages and Chris currently 6th in the championship, the next round took Chris back to Mid Wales and the Epynt ranges (used as part of Wales Rally GB) for the Quinton Rally. The stages are renowned for being fast and flowing, which suited the car perfectly. Chris held 3rd for the majority of the day but got pipped by 1 second on the last stage to drop to 4th in Rally First, however, finishing 9th 1400 overall, this was Chris's best overall result to date.

Finally, moving onto the Woodpecker, despite fierce competition, Chris held up third position and developing a reasonable buffer to the rest of the field was hopeful for 2nd place in the final stage. However, engine problems towards the end of the stage brought an end to the day, season and championship.

All in all it a proved a great year with some top results and with a bit more time in the car and set up refinements, Chris has proved that he has got the pace to complete at a national level.

Pardoes have proudly supported Chris Hellings since 2007, Chris competing in the Peugeot 205 Challenge in 2008 progressing to the BTDRA in 2009.

Sean McDonough and his wife Rachel, who live in Bath, were delighted to find out they were expecting twins in 2005. Following a relatively smooth pregnancy, Rachel went into early labour in June and twins Joseph and Olivia were born weighing just 5lb4oz and 3lb15oz respectively. The twins, who were born at the RUH, were taken straight to NICU to help them make it through the first few days of their fragile lives. Joseph was in NICU for just one night, but due to Olivia's tiny size she spent her first two weeks in the unit. Now lively and energetic three year olds, Joseph and Olivia were cheering from the side lines on Bath Half Marathon day to support their Dad and all his running colleagues.

Members of staff from Pardoes and friends - Andy Bevins, Sarah Driscoll, Ewan MacLarty, Sam Apsey and Sabrina Bailey ran alongside Sean on Bath Half Marathon day to help raise as much as possible to support the NICU ‘space to grow' Campaign - building a new premature baby unit for Bath's RUH. Sean McDonough from Pardoes comments: "The care that Joseph and Olivia received from the NICU team at the RUH was first class. In spite of their challenging working environment, the NICU team did an amazing job of looking after our twins whilst also giving us a huge amount of personal support and attention. The opportunity to help in a small way to improve the environment for the babies and staff of the unit, seemed like a good way of saying thank you and we are very grateful to the other members of the Pardoes team for getting involved."

The current RUH NICU consists of cramped corridors and little rooms, with four incubators in rooms meant for one and no privacy for new nursing mothers and distressed families. The inspirational new low carbon building with well designed space will allow staff to practice new methods of care, giving these tiny babies an even better chance at life. With just £650,000 left to raise to bring the NICU ‘space to grow' Campaign to a successful conclusion, the Appeal are encouraging as much public support as possible over the forthcoming summer months.

Events & Community Officer for The Forever Friends Appeal Jo Hones comments: "Team Pardoes all trained really hard to make sure that they would successfully get around the half marathon course. Their team spirit on the day was truly superb! We would like to thank them for their tremendous support for the NICU ‘space to grow' Campaign and for raising such a brilliant amount to go towards the new building."

For more information on the Appeal and the NICU ‘space to grow' Campaign, visit www.foreverfriendsappeal.co.uk/nicu

The Championship has been very popular over the past couple of years giving many young talented drivers a chance to compete at a national level on an achievable budget. However, this in turn means the competition is always hard fought and throughout 2009 the second step of the podium was the local crew's best result to-date.

However, the lads managed to produce the goods on their home event this year taking their maiden Rally First victory accompanied by a top 10 result. . The crew were delighted with the win on home soil, even more so as they are yet to make plans for a further outing in 2010. They hope to return to the BTRDA later in the year.

Pardoes are very proud to sponsor the team, and look forward to hearing from the team later this year.

Clinical negligence specialists James Wickett from Torrington and Dan Isaac from Ilfracombe have both spent more than six years honing their legal skills away from the area.

In January the pair joined forces at Pardoes and are now focusing on helping people affected by medical accidents in North Devon.

James said: "There is a lack of representation for people injured as a result of medical treatment in North Devon.

"Clinical negligence cases are exceptionally complex and require the input of a solicitor with particular skills, knowledge and sensitivity. Dan and I have access to the extensive resources at Pardoes to support our work in North Devon and we are also able to offer the full range of funding options to clients, including Public Funding and No Win No Fee."

Dan, who is a partner at Pardoes, said: "Our clinical negligence team is one of the largest in the South West. With both of us living in North Devon we welcome the opportunity to bring the team's considerable expertise to the area." James added: "We offer free initial consultations and are always available to visit people in their own homes.

"A home visit avoids the need for that person to travel, but also by visiting them at home, we are able to fully understand how their injuries affect their day to day lives."

If you are a victim of medical negligence, then contact one of the team members Justin Goodman, Daniel Isaac, Guy Eskell, Natalie Jones, Joanne Burton or James Wickett or complete our online enquiry form and one of our specialist Solicitors will contact you.

Tax changes

VAT - the standard rate of VAT (Value Added Tax) will rise from 17.5 per cent to 20 per cent from 4 January 2011

Personal Allowance - the Personal Allowance for people aged under 65 will increase by £1,000 in April 2011 - this means the point at which you start paying tax will rise from £6,475 to £7,475 for the 2011-12 tax year

Capital Gains Tax - CGT will increase from 18 per cent to 28 per cent for higher rate taxpayers

Benefits and tax credits

Child Tax Credit - the child element of child tax credit will increase by £150 above indexation in April 2011 and £60 above indexation in April 2012

Child Tax Credit - families earning more than £40,000/yr won't get child tax credit from April 2011

Child Benefit - rates will stay the same for three years

Welfare Reform - Housing Benefit and Disability Living Allowance will be reformed to focus on those most in need

Benefits and Tax credits will be worked out using the Consumer Prices Index instead of the Retail Prices Index from April 2011

Public Sector & Employment

Two-year pay freeze for those working in the public sector if they earn over £21,000.  Those earning less £21,000 will get a flat pay-rise worth £250 in both years.

Armed services personnel in Afghanistan will see their operational allowance doubled to £4,800 - as announced by David Cameron two weeks ago.

National Insurance - the threshold at which employers pay National Insurance will be raised by £21 per week in April 2011

National Insurance - new businesses outside the Greater South East will be exempt from up to £5,000 of employer National Insurance Contribution payments for the first ten employees hired

Pensions

The basic state pension will be linked to earnings from April 2011, with the pension guaranteed to rise in line with earnings, prices or 2.5%, whichever is the greater.

The government will accelerate the increase in state pension age to 66 - a "call for evidence" will be made later this week.

The government will also consult on phasing out the default retirement age - to ensure those who want to work past 65 are able to do so.

Former Labour Work and Pensions Secretary John Hutton to review public sector pensions, ahead of the autumn spending review

Spending

Mr Osborne said the state now accounted for "almost half" of all national income which was "completely unsustainable".

Average real terms budget cuts of 25% over four years - except for health and international aid. Departmental cuts amount to a further £17bn by 2014-15, on top of those already planned.

But current expenditure to rise from £637bn in 2010-11 to £711bn in 2015-16 - partly due to rising debt interest payments.

No further reductions in capital spending totals but there will be "careful choices" about how the money was spent. Projects with "a significant economic return to the country" would be prioritised.

Cigarettes, Alcohol & Fuel

No increases. Duty on cider by 10% above inflation, will be scrapped from July.

Banks

A bank levy will be introduced, which will apply to the balance sheets of UK banks and building societies and the UK operations of foreign banks from January 2011. But smaller banks will not have to pay. It is expected to raise over £2bn a year.

Environment

The government will "explore changes to the aviation tax system" such as switching from a per-passenger to a per-plane levy. It will consult on major changes.

Government looking at reforming the climate change levy "to provide more certainty and support to the carbon price". Proposals to be published in the autumn.

The Office for Budget Responsibility will assess the effect of oil price fluctuations on the public finances over the summer, before the government looks at options for a "fair fuel stabiliser" - which would see fuel duty fall when prices go up, and vice versa.

Case for rural fuel duty discount is under consideration.

Borrowing

Underlying current budget deficit should be "in balance" by 2015/16.

Public sector net borrowing will be £149bn this year, £116bn next year, £89bn in 2012-13 and £60bn in 2013-14.

By 2014-15 borrowing to reach £37bn, falling to £20bn in 2015-16

This article is intended for general information only. It may not be relied upon as giving any legal advice. You should seek the advice of a lawyer if you require such advice. This article may contain links to third parties, of which we have no control over the content and accept no responsibility for this.

Source: BBC News Budget Points, Direct.gov.uk

Frances Letchford, former head of the medical negligence team at Bond Pearce will be based at our firm's Taunton office. Frances has extensive knowledge of medical negligence cases and it is hoped that she will now assist Pardoes medical negligence team in becoming one of the most successful and largest teams in the South West.

With the recent appointment of medical negligence specialist James Wickett, who is focusing in helping people in North Devon, Pardoes are keen to attract highly qualified specialists and in particular expand in Taunton and Devon area.

If you have a medical negligence enquiry and would like to speak to Frances, please contact 01823 446200 or email frances.letchford@pardoes.co.uk.  To view the full Medical Negligence team, please click here.

Despite a gloomy economic forecast for the South West, Pardoes, a leading solicitors practice with offices in Taunton, Bridgwater and Yeovil is bucking the trend with an ambitious staff recruitment programme and office expansion plans.

Denys Rayner who became CEO of Pardoes 2 years ago... click here for full article

In the summer of 2005 our client's wife attended her GP with signs suggestive of Cushing's Syndrome. Cushing's Syndrome is a condition in which there are increased steroid levels in the blood and if left untreated can be fatal. The GP referred our client's wife to the Endocrinology Clinic at the local hospital.

The hospital staff believed that our client's wife was suffering with Cushing Syndrome, as she was presenting with "...classical features suggestive of Cushing's Syndrome...".

Despite suspecting that our client's wife was suffering with Cushing's Syndrome, the hospital's clinical staff failed to adequately treat and manage the Cushing's Syndrome from September 2005 to May 2006. This allowed the disease to progress to a point at which surgery to remove the pituitary tumour was much more risky than it ought to have been.

Our client's wife underwent surgery in May 2006 and was discharged in late June 2006. Sadly however our client's wife died in July 2006 following a pulmonary embolism as a consequence of surgery.

"Cushing's Syndrome can be difficult to diagnose and manage as there are a number of causes for the condition. In this case the clinical staff strongly suspected Cushing's Syndrome. They concentrated their efforts on determining the cause of the Cushing's Syndrome and failed to notice that the patient's health was deteriorating. This sadly proved fatal. This was an avoidable death had the clinical staff been more patient focused" said Daniel Isaac, Partner in Pardoes Medical Negligence and Healthcare Law Team who conducted this litigation.

Pardoes were able to obtain an apology from the Trust and agreed an out of Court six figure settlement.Daniel Isaac is a Partner within the Medical Negligence & Healthcare Law Team.

If you would like to speak to Daniel regarding this or any other matter relating to medical negligence, please telephone 01935 382688 or email daniel.isaac@pardoes.co.uk.

Alternatively, feel our the Pardoes online enquiry form, where a member of the medical negligence team will contact you.

The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances. Pardoes are regulated by the Solicitors Regulation Authority.

CLOAK OF PREJUDICE When negotiations are conducted "without prejudice" nothing mentioned can be subsequently used in evidence. We look at a case that said the only exception to the rule was when it might "act as a cloak" for perjury, blackmail or some other "unambiguous impropriety". [more...]

FULL TIME HOLIDAY RIGHTS The law says that part timers and fixed-term workers cannot be treated less favourably than full time or permanent employees. We look at a European court case. [more...]

NEWS IN BRIEF The Government has announced that the default retirement age will be consigned to the history books in October 2011. [more...]

Click Here to view full Employment Law Update

The new plans allow for a six month transition from the existing regulations, following the announcement in the budget that the DRA would be phased out from April 2011. Currently employers can make staff retire at 65.

This measure is one of the steps the Government says it is taking to help and encourage people to work for longer against the backdrop of demographic change.

Click here to view full article

The following is a brief overview of the main changes that will be ushered in by the new legislation. Click here to view full article

Last Friday proved to be a very eventfull night, when the annual 5 a-side football tournament hosted by Pardoes took place at Bridgwater College, Bridgwater.

With a total of 10 teams participating, there were several group elimination stages with the final between Ashfords and Hinkley B. After a goalless (but not uneventful) match the result went to penalties with Ashfords winning 2 1.

Carla Tier, employee and loyal supporter of Pardoes All Stars comments: "Friday proved to be a very exciting night and all matches where played in the right spirit. I was very impressed with the level of skill the Pardoes All Stars displayed, and look forward to their return next year, when we hope to get much further in the competition."

Many congratulations to Chris and the boys from Ashfords who played really well all through the evening. With a fantastic turnout of both teams and supporters, the tournament proved to be a great success.

Many thanks to all who attended and contributed to a great night and a special mention to the guys from Bridgwater College who helped the evening along, with some very astute refereeing!!

Pardoes All Stars

Andy' Bone Cruncher' Bevins 

Imran ‘The Cat' Khodabocus

Damian ‘Lanky' Gorman

Simon ‘Speed King' Rogers

Gareth ‘G Man' Needs

Daniel ‘Hatchet' Isaacs

The Competition

Ashfords Millichamp & Hall

Hinkley B Albert Goodman

Milstead Langdon Octagon Chambers

Portrayal Gerber Foods

Clerksroom

To view pictures click here

We apologise for any inconvenience caused during this time.

The appointment was made at the Bristol Law Society's AGM on the 24th November.

Nick has already been on the Council of the Society for two years and was delighted to be voted in as Vice President for 2011. In his new role, he will be responsible for working alongside the elected President of the BLS to represent the interests of all legal professionals in the greater Bristol and Bath areas.

Nick is based in the Bridgwater office of Pardoes and is a highly experienced property lawyer with a specialist understanding of commercial, mixed use and residential land development. Commenting on his appointment, Nick said: ‘This is a highly prestigious position and it is a great honour not only for me but also for Pardoes - a firm that has been instrumental in providing me with every opportunity to develop my skill sets and expertise as a solicitor.'

Nick qualified as a solicitor in London in 1990. He joined Pardoes in 2009 and through his role, has developed specific expertise in strategic land option and collaboration agreements between landowners, planning authorities and developers and in concluding planning and infrastructure agreements. He has also gained wide experience of dealing with the sale of social housing units to affordable housing providers. Prior to joining Pardoes, Nick worked with local government and public sector bodies in connection with urban regeneration and also held a director level position at a leading house building business.

Nick is married with three daughters. He was brought up in the West Country and returned to Somerset fifteen years ago where he currently resides.

If you have suffered a lack of care in hospital which has effectively made your condition worse, you may be entitled to make a claim. Contact the Pardoes medical negligence team for advice

Charlotte Rescorla, Conveyancing Solicitor at Pardoes who has taken up residence in the Chard office wanted the theme to be green. ‘Being green is very much part of the Pardoes ethos' said Charlotte. ‘Not just because our livery is green but because Pardoes is a business committed to our countryside, the community and our environment.'

Pardoes in Chard is located at Paul Fenton Financial Services in Howards Row. Tel: 01460 68222

Our client went on to develop post-traumatic osteoarthritis with some evidence of a complex regional pain syndrome culminating in two unnecessary surgical procedures and eventually an ankle fusion operation.

Proceedings were issued and the case settled for in excess of £114,000.

Here, Pardoes Private Client Team has put together the Top 10 Reasons why you should have a Will.

To compound the situation, January is also the time of year when many married couples decide to go their separate ways.

Research shows that more people instigate divorce proceedings during the first Monday after the school term starts than at any other time of year. So much so that it is often referred to in law circles as ‘Divorce Day'.

So why do some many couples decide to file for divorce after the Christmas break?

For some, the pressure cooker of Christmas when there's a long period of being together is the last straw.

For others, the New Year marks a time of starting afresh. Putting an end to an unhappy relationship may be a part of that New Year's resolution.

Who can you turn to?

Whatever the motive, if couples find it necessary to put themselves through a process that is likely to weigh heavily on both their emotions and their finances, it is essential that they find the right professional to work with through this difficult time.

Appointing a solicitor shouldn't be just a question of going through the yellow pages and choosing on the basis of an advertisement. It should be a properly researched process.

In many ways, choosing your family solicitor should be no different from buying a new car. Think about the last time you did this? Almost certainly, you did some research, found a reputable dealer and took the car for a test drive before making a commitment.

You should do exactly the same when choosing your solicitor. Put together a check list and consider the following:-

• Will they represent your interests in the way you need them to do so?

• Will they have experience in helping you to make decisions and achieve outcomes that may have a significant impact on your life and possibly the lives of your children?

• Will they respect your confidentiality and always be on your side?

• Are they efficient, up to date on legal issues and work within a practice that has all the most current credentials?

• Don't automatically opt for the cheapest. Appoint someone who will give you the best service in the long run and will best meet your needs.

• Don't feel rushed into making a decision; ask for an initial, free of charge and see several lawyers before making a decision about which one is right for you.

Don't assume that starting divorce proceedings means you are guaranteed to end up in a court room. Court proceedings conclude only a tiny minority of marital disputes. There are a number of alternative processes through which people can resolve family issues and many specialist solicitors have taken additional training so that they can offer their clients the widest possible choice of processes to find one that works for them.

Pardoes an established practice of solicitors with branches across Somerset are proud to offer a team of dedicated family law specialists. Kit O'Brien, who heads up the Pardoes Family Team, has been a specialist in family law for the past 19 years and considers it essential for both the lawyer and the client to be confident about their relationship before any decision to proceed is made.

Should you wish to discuss any issues relating to family law, and are looking for a no-obligation chat, why not call Kit on 01823 442600 to see how she, and the rest of the Pardoes team may be able to help you?

James Wickett, Solicitor in the Pardoes Medical Negligence team comments "Although this tragic case is an extreme example, failures in the level of care provided by paramedics are not uncommon. At Pardoes we regularly deal with cases against paramedics and understand all to well how serious the consequences can be for patients when things go wrong".

Her role will involve arranging wills, probate and estate administration and tax planning for existing and new Pardoes Clients. She also deals with Powers of Attorney and Court of Protection work as this is the area of law that is key for clients in their elder years.

Rachel is delighted to be working at Pardoes. ‘The firm has an excellent reputation for being the best in the South West' she commented. ‘I have lived in Somerset all my life and am hugely committed to the area. I'm delighted to be part of a team that is dedicated to providing a cutting edge legal service to the local community.'

Rachel's particular passion since entering the legal profession some 16 years ago is acting on behalf of the older generation, advising on such issues as mental health, asset management and care home fee planning. Her objective is to make Pardoes this sector of society's first choice for such issues.

‘The beautiful South West attracts a huge number of retired people and it is a fact of life that this generation will constitute a major proportion of our client base. As such, we need to be leaders in the field and bang up to date on all current legislation in order that we can successfully meet their needs'.

Rachel already has an impressive track record working on behalf of the elderly, her most recent success seeing an NHS Continued Care Funding claim against a local Primary Care Trust. Rachel's efforts resulted in over 3 years' care home fees being refunded to the client and all ongoing care costs being covered by the NHS.

Very often clients are not given the information they require, in terms of funding available and what costs will be covered by the State. Rachel has specialist knowledge in elderly client benefits and enjoys being able to assist clients when they decide it's time to move on to the next chapter of their life, making the transition from their property into assisted living, or residential/nursing, care.

As a team member of Pardoes, Rachel will continue to play an active role in her profession. Already an Associate Member of the Institute of Legal Executives and Branch Treasurer for the Somerset Branch of the Institute of Legal Executives, Rachel plans to enrol as a Student Member of the Society of Trust and Estate Practitioners. She currently arranges regular training Courses for fellow Legal Executive colleagues.

Rachel will be based in the Bridgwater branch of Pardoes and will commute daily from her home in Chard. When not at her desk, Rachel enjoys spending time with her family and renovating properties. She plays in a local Table Skittles League, in a family team which has won many cups and trophies in the past. She has an interest in range sports and is a member of a local shooting club in Devon.

Click on our Funding page to view all the available options to you.

Lisa Gilbert was admitted to Torbay Hospital on her 49th birthday but died two days later, in January 2009.

Her family told BBC News that "it has totally devastated us all".

A South Devon Healthcare NHS Foundation Trust spokesperson said the hospital had admitted liability for medical negligence.

To view full story click here http://www.bbc.co.uk/news/uk-england-devon-12492115

Guy Eskell, specialist Medical Negligence Solicitor and member of the Law Society's Clinical Negligence panel issued judicial review proceedings against Plymouth City Council on behalf of, and as litigation friend for, the Claimant who because of his injuries, lacked capacity to litigate on his own behalf.

The Claimant, a disabled road accident victim was just nine when he was struck down by a private ambulance. As a result he was left paraplegic and dependant on constant care. Eleven years after the accident he was awarded £1,139,000 compensation pay-out for his injuries. Part of the award was applied in buying, adapting and equipping a suitable home for the Claimant, with the balance being invested. The Claimant had no other capital and no income save for the state benefits to which he was entitled, amounting to approximately £180.00 per week, and the income from the invested fund, approximately £26,000 per annum, gross.

The Claimant claimed he was being unlawfully charged for his care by Plymouth City Council, their stance being that his income from that award - about £700,000 of it remains invested in the Court of Protection - should be taken into account when assessing his entitlement to free non-residential care. The total charge for day services which the authority provided the Claimant in the instant case normally amounted to approximately £163 per week.

The issue of charging the Claimant for his non-residential care was not in dispute, but Mr Guy Eskell argued the Council had "blindly applied" guidelines and "unlawfully fettered" its own discretion over whether or not the Claimant should be made to contribute towards his care.

The challenge was dismissed by Mr Justice Holman who said the Council had explained that due to the "considerable budgetary pressures" posed by the city's ageing population its policy is to charge for care services "where it is permitted to do so... in order to maximise the services that can be provided".

During the hearing, the Judge was told that the Council was now in the process of reviewing its policy on whether damages awards should be taken into account for care charging purposes.

Although the High Court dismissed the accident victim's appeal, it was still a great achievement to successfully pursue this case all the way to the High Court for a Judicial Review.

For full details, please see the Law Report [2009] ALL ER (D) 122 (Dec) and Judgment [2009] EWHC 3279 (Admin)

Summary also available here

The requirement is NOT that people must mediate. What is expected is that people will attend a preliminary session with a mediator to see if the process might work for them. If they want to give it a try all well and good. If they really don't feel it's for them or the other party to their dispute refuses to try mediation then that's an end it and they can move forward just as they would have done previously.

Specialist family solicitors have for many years commended mediation to their clients. It doesn't work for everyone but for those who do find it helpful it's an extremely useful and helpful process which may enable them to resolve issues arising out of relationship breakdown more quickly, amicably and cheaply than they might otherwise have been able to do. What everyone needs to bear in mind however is that the media claims that there are no alternatives between a mediated settlement without lawyers and all out war at vast expense are scaremongering rubbish. At Pardoes our family specialists are all focussed on helping clients resolve their family issues cheaply and sensibly whether they are involved in mediation, collaborative law, negotiations between solicitors or even court proceedings. The overwhelming majority of cases settle without any court appearances at all and we recognise that the best thing we can do for our clients is to help them move forward without enormous expenditure on legal costs.

If you've had a relationship or marriage breakdown why not come and talk to one of our specialists? We'll help you understand all the processes that you can consider to resolve your issues and if mediation is the right way forward for you we'll be more than happy to help you with a referral and support you through the process.

If you would further information on this subject, contact a member of the Family Law Team now.

The case concerned a couple who were divorced after 25 years of marriage. The Court ruled that the settlement payable by the husband, who had very considerable inherited wealth, should be reduced from £8 million to £7 million.

The decision was made after the factors listed below had been taken into account, the Court stressing that the objective in such cases is to achieve a just result.

• The fact that wealth was inherited and not earned justifies it being treated differently from wealth accumulated during the marriage;
• The nature of the inherited wealth must also be taken into account - an investment portfolio would not be treated in the same way as, for example, an ancestral home. This might be a good reason for departing from the equality principle which might otherwise apply;
• The duration of the marriage may be in point if it determines the time the wealth has been enjoyed by both parties; and
• The standard of living provided by the inherited wealth would also be in point, as would the extent to which it has been added to or depleted. In principle, the longer wealth has been enjoyed by both the parties to the marriage, the less fair it would be to ‘ring-fence' it in a settlement.

There is, said the Court, no formula which applies: what constitutes a fair division of assets in each case will depend on the individual facts.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

The Bridgwater Chamber of Commerce has elected Denys Rayner as Vice Chairman. Click here for full story.

The recipients were each given a kidney from a woman with a rare form of blood cancer which was not picked up in routine safety checks.

The disease was detected too late in a post-mortem examination.

NHS Blood and Transplant (NHSBT), the agency responsible for transplant safety, said research would determine the scale of the problem nationally.

James Wickett, Solicitor, Medical Negligence & Healthcare Law of Pardoes Solicitors commented: “This is clearly a tragic case for all involved. Transplant medicine is complex and demanding. Successful transplants give people lives which they would otherwise not have. Transplant donors should be encouraged wherever possible. What this case demonstrates, however, is how difficult this area of medicine is. If things go wrong it is not always some ones fault. Regardless, our team at Pardoes is always on hand to help patients who have suffered an adverse outcome - whether it be by investigating a claim or simply by helping them to find answers to what has happened.”

To view full story click here

IIP is a business improvement tool which sets the level of best practice for improving an organisation's performance through its employees. Successful achievement of this award demonstrates that the organisation recognises its employees as its most important asset and marks its commitment to the continuous improvement of people, processes and practices.

In order to retain the award Pardoes undergoes a rigorous review every three years. The reviews have highlighted that Pardoes demonstrates a genuine commitment, driven from the top down, to ensuring the culture, ethos and values of IIP are adopted across all areas.

Offer available from 23rd March  - 29th April 2011.

For further details contact the Residential Property Team now or submit an online enquiry and a member of the team will contact you.

To view full story click here

The daring four-strong team: Janet Keirle, Rebecca Bevins, Sarah Sherratt and Oliver Young all braved the 15,000 ft jump which took place at Dunkeswell Airfield, Nr Honiton and have so far raised in excess of £1,700 for the charity.

All volunteers had initially prepared to jump at 10,000 ft however on the day were given the option to jump a further 5,000 ft, the highest possible free-fall height.

Rebecca Bevins, Director of Pardoes Bevins Human Resources who took part in the parachute jump said:

"I wasn't sure if I would be able to take the plunge when it came to the parachute jump, but I did it! And I feel fantastic, I found the experience exhilarating and was amazed at the lack of fear that is felt when you actually jump. I would recommend it to anyone! "

Anyone who would like to make a donation to BIBIC can do so by visiting http://www.justgiving.com/SkydivingSolicitorsandfriends

The MDU also said the numbers of high value claims against GPs had increased. The MDU was notified of 13 claims assessed at over £1m in 2010, a dramatic rise since 1995, when the MDU paid compensation exceeding £1m in just one GP case.

The number of claims received is commercially confidential, but the medical defence body said many of the claims arose from incidents reported some years earlier as complaints or adverse incidents. The most common allegations made against GPs were delayed or wrong diagnosis which led to 60% of notified claims, followed by failure to refer patients, which totaled 15% and medication errors at 10%.

Jill Harding, head of claims at the MDU, said: "While we have long been aware of the rising costs of compensation, the increase in the number of claims notified to us is a more recent trend which follows a period of relative stability in this area.

"While we cannot know all the reasons behind an individual patient's decision to bring a claim after an adverse event, a factor in this increase may be the availability of ‘no win, no fee' agreements which enable claimants to litigate with no financial risk."

She said the current difficult economic times may also be a factor.

If you are successful there is no automatic right to recover your costs i.e. legal costs and expenses (disbursements), the award of such costs is wholly within the Court's discretion and also depends upon which track litigation was conducted. Albeit in some cases only fixed costs are awarded (we will advise on a case by case basis in this regard). That said, the Court normally starts with the assumption that a successful party should be awarded their costs.  Read More

The 10-year-old, who has not been named, will need 24-hour care for the rest of his life.

He suffered "catastrophic neurological trauma" at birth when his spinal cord was injured during the delivery. Source: BBC News

Justin Goodman, Partner and Solicitor specialising in Medical Negligence claims comments:

"This is a tragic case involving negligent management of delivery at birth with devastating consequences for this child and his immediate family. We deal with many forceps cases and it is very unusual for the inappropriate level of force to result in such severe injuries, although skull fractures are not that uncommon. Obstetric training to deal with difficult deliveries is key to prevention and there are important developments in this area in the South West. However, I am concerned about the number of deliveries taking place at centres without Consultant led care and the inability of some staff to deal with birth emergencies including forceps and ventouse deliveries".

If you would like further information and advice on the above, please contact the Medical Negligence team or submit an online enquiry.

A highly experienced advocate, Maeve practised as a barrister at London Chambers before moving in-house as the employment advisor to a multinational PLC. Maeve relocated to the South West taking on the role of Devon County Council's employment lawyer, supporting over 120 HR professionals. She has a very high success rate in representing businesses at employment tribunals. Joining Pardoes from Battens, where she was a Director and Head of Employment, Maeve has vast experience in the conduct of employment litigation including unfair dismissal; sex and race discrimination; disability discrimination; whistle blowing; and working time and equal pay cases.

Maeve Vickery says of her appointment, "I am delighted to join such a dynamic and growing firm, which is already established as one of the leading solicitors in the South West. I am especially looking forward to working with my colleagues in Pardoes Bevins HR and the Pardoes employment team, to provide a full service one-stop-shop for all clients' employment needs."

Pardoes Solicitors and Pardoes Bevins HR offer the valuable combination of professional HR support alongside expert legal advice, providing a complete employment solution for companies across the region.

Maeve is a member of the Employment Lawyer's Association, the Employment Law Bar Association and the Bar European Group.

Article published by Amy Langford, Family Team

David Laws, MP for Yeovil, said, "The opening of Pardoes' new office is a day for celebration. It is not an easy time for any business in the area, with a lot of South West businesses contracting, consolidating and moving to smaller premises. It is really great to be here, seeing a business that is expanding and is talking about taking on more staff in the future, which is good for the economy of our area. Legal advice is incredibly important for my constituents and it is not always easy to access. Having more legal competition in the town and providing the people of Yeovil with greater choice is fantastic."

Pardoes has had an office in the town since 2007. However, its new office, Grade II listed Glenthorne House situated on Princes Street, will provide a substantial presence in Yeovil's town centre. The larger premises, coupled with 25 full time staff, mean that Pardoes can offer its full range of legal services in Yeovil, from services for individuals through to legal advice and HR support for businesses.

Kit O'Brien, Managing Partner of Pardoes, said, "This is a day we have all been looking forward to as we are really excited about being in Yeovil. We are so pleased to be in the town centre and we are ready to become a really active part of the community. We have a fantastic team who will provide a first class legal service to the people of Yeovil and the surrounding areas. We want to be an important part of the community and that is why we are delighted that so many representatives of the local area are here to celebrate the official opening."

Pardoes is a well established South West legal firm with 16 partners and 86 staff across its three offices in Bridgwater, Yeovil and Taunton. It has expanded many of its specialist sectors in the past two years, appointing five new partners to head up its core business divisions in the fields of private client, family and property; increasing its expertise in employment law; and continuing the significant growth of its injury division.

Sarah says, "I am very excited about starting work at Pardoes. Living in Bridgwater, I am familiar with the company's professional reputation and I have heard very good things about the firm as an employer. As my career history has mainly been in the retail sector, it will be a completely new experience working for a firm of solicitors and I am really looking forward to the challenges ahead, increasing my knowledge and being able to utilize my finance experience and qualifications."

"I made the decision to join Pardoes as it had a very good reputation and after my first interview I knew I wished to be part of the team," said Amy. "I wanted to train and become a lawyer but I also wanted to gain as much experience as I could, whilst earning some money.

"The experience I have gained at Pardoes has been invaluable and they have supported me fully. They funded my career development and allowed me time off to study as and when required. Pardoes have encouraged me throughout my training and allowed me to run my own files with a large degree of autonomy."

Kit O'Brien, Managing Partner and Practice Head of Family at Pardoes, says, "Amy has worked incredibly hard to complete her Legal Executive training. She joined Pardoes as an office junior and has progressed to being a secretary and then to working with clients whilst undertaking a demanding level of training alongside her office work. She is now a much valued member of our Family Law team and her gaining her Fellowship of the Institute of Legal Executives is an achievement of which she is, quite rightly, very proud.

"Amy is a great example of what can be achieved at a comparatively young age by someone who is determined, dedicated and willing to put in a great deal of effort and hard work."

• equality objectives, at least every four years

• information to demonstrate their compliance with the equality duty, at least annually

The latter will need to include, in particular, information relating to their employees (for authorities with 150 or more staff) and others affected by their policies and practices, such as service users.

The draft Equality Act 2010 (Specific Duties) Regulations 2011 were laid before Parliament in June 2011 and debated in the House of Commons in July. The debate in the House of Lords is expected to take place in September 2011 and the specific duties will come into force following parliamentary approval.

Ian is a family law specialist covering all aspects of divorce and financial disputes. He has particular expertise in childcare issues and has extensive experience in dealing with both private and public children's law including residence, contact disputes and local authority applications for care orders.

Ian says of his appointment, "I'm delighted to be working for Pardoes as it's a highly reputable, well known and expanding firm. I am very pleased to be working in the family department as it covers a wide range of family law, from divorce and co-habitation to relatives seeking contact with their children and representing parents whose children are subject to care proceedings. I am looking forward to providing first class legal advice and representation to both existing and new clients."

Ian studied law at the University of Exeter before qualifying as a solicitor in 2008. He has an MA in American Studies from the University of London and a BA in English Literature from Kings College in London. Prior to joining Pardoes, Ian worked at Eastleys Solicitors in Paignton.

A well established South West legal firm, Pardoes has 16 partners and 86 staff across its three offices in Bridgwater, Yeovil and Taunton. It offers a full range of legal services and has expanded many of its specialist sectors in the past two years. During that period five new partners have been appointed to head up its core business divisions in the fields of private client, family and property; increasing its expertise in employment law; and continuing the significant growth of its injury division.

Action against Medical Accidents (AvMA) is seeking a judicial review of the plans it calls "completely irrational".

It fears the most vulnerable people who are injured by negligent NHS treatment will be denied access to justice. To view full story click here

Justin Goodman, Partner and Head of Pardoes' Medical Negligence Team comments:

I am a Panel member of AVMA and fully support their intention to issue judicial review proceedings on any sustained attempt by the Government to remove clinical negligence cases from legal aid. These are usually complex requiring independent expert input in order to help determine the relevant issues. The experts are entitled to raise a fee for their advice and are for valid public policy reasons not allowed to act in these cases under a no win no fee type agreement. There is absolutely no way that any individual who is presently eligible for public funding or indeed anyone else who does not have significant capital at their disposal could fund these expenses let alone court and potentially barristers' fees. No law firm, however big or strong could be expected to fund these expenses on their client behalf, as in complex cases the disbursement burden can run to £50,000 plus and capital funding for this outlay is simply not available from established reliable lending institutions.

I am often faced with a situation where my client has acted alone in raising a complaint against a GP or an NHS trust concerning their treatment and been met with a blanket denial of any fault on the healthcare providers behalf. The Doctors have their own and their colleagues medical knowledge and experience to assist them in putting forward their denials. My clients often have no way of countering their arguments without a specialist solicitor's involvement and the use of an independent expert to scrutinize the Doctors version of events. Without legal aid we run the risk of having a Healthcare system without any independent scrutiny allowed to get away with devastating peoples lives through negligence without fear of redress. This is simply unacceptable and must be opposed.

If you would like further information and advice on the above, please contact the Pardoes Yeovil Solicitors Medical Negligence team or submit an online enquiry.

Pardoes underwent rigorous assessment by the Law Society in order to secure CQS status, which marks the firm out as meeting high standards in the residential conveyancing process.

Law Society President John Wotton said that the Law Society introduced CQS to promote high standards in the home buying process.

"CQS improves efficiency with common, consistent standards and service levels and enables consumers to recognise practices that provide a quality residential conveyancing service.

"Buying a home is one of the largest purchases anyone will make in their lifetime, so it is essential that it is done to the highest standard by a solicitor. There are many different conveyancing service providers out there, making it difficult for home buyers to identify those which can ensure a safe and efficient level of service."

Denys Rayner, CEO at Pardoes says: "Pardoes is delighted to have secured CQS status. It is recognition of the high standards we provide to our residential property clients and is a signal to future home buyers of the excellent service level we provide at what is often a stressful time for many people.

"The overall beneficiaries will be clients who use Pardoes when buying a home. They will receive a reliable, efficient service as recognised by the CQS standard."

The scheme requires practices to undergo a strict assessment, compulsory training, self reporting, random audits and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders, the Building Societies Association, Legal Ombudsman and the Association of British Insurers.

Ends

For more information on the Law Society's Conveyancing Quality Scheme visit www.lawsociety.org.uk/cqs

Or contact the CQS Unit on 020 7316 5550 or CQS@lawsociety.org.uk

An inquest found neglect at Weston General Hospital led to the death of two-year-old Lucas Wellstead, from Weston-super-Mare.

The toddler died from septicaemia and pneumonia the day after being assessed at the hospital on 20 January 2010.

A hospital spokesman said it has since changed its procedures and that patient safety was its "highest priority".

Lucas had had been sent to the hospital after his GP noticed a meningitis-type facial rash. But hospital doctors diagnosed a minor viral infection and sent him home.

The two-day inquest at Flax Bourton Coroner's Court near Bristol heard that a blood test at the hospital's Seashore Centre children's unit had ruled out meningitis.

Justin Goodman, Head of medical negligence at Pardoes comments that this is a shocking story. Blood tests alone are insufficient to rule out a pneumococcal infection as the relevant bacteria may not have proliferated into the blood stream in sufficient quantities to show up significant abnormalities at an early enough point in time. These types of bacterial infections can often be mistaken for viral illness with devastating consequences. The spread of infection can be rapid and the earlier covering intravenous antibiotics are administered the better. I am so sorry for the family of this little boy who did everything right in trying to seek medical attention when their son appeared unwell and hope that the hospital has reviewed their procedures with the assistance of input from an expert in pediatric infectious diseases.

Bhavani Hogarty, who is recommended by the Legal 500 as a specialist in the field, together with Sarah Doble and Lucy Thomson, are recognised as the leading property litigation team in the region. They deal with all types of property disputes, both on an advisory basis before a problem arises and once a problem develops. This could include boundary disputes; lease renewals; landlord and tenant disputes; rights of way; repossessions; squatters and any dispute that touches or concerns real property.

Denys Rayner, CEO at Pardoes says: "We are very pleased to add to the breadth of service that Pardoes is now able to offer to its Yeovil clients with the arrival of Bhavani Hogarty and her Property Litigation team. In addition to building the Property Litigation proposition, Bhavani will also be managing the Yeovil office. At Pardoes we are very keen to continue to grow our links with both the business and private community and demonstrate our commitment to the people of Yeovil. Bhavani's local knowledge will be a great asset and we look forward to continued growth in the town."

Bhavani joins Pardoes with over 20 years' experience of handling property disputes, having spent most of her career at City firm Lovells and subsequently heading Property Litigation teams in two other leading south west firms. She says: "We are thrilled to be a part of a genuinely client-focussed firm that not only recognises the need for change from the traditional law firm but is actively instigating this in how it charges, understands and appreciates its clients.

"Given the difficult and challenging economic climate, property is having to work hard for its owners by way of lettings, development opportunities, change of use, alterations and re-mortgages, so ingenious solutions have to be found to maximise a property's potential. We can advise on all these aspects as well as the recovery of rent arrears, service charges and dealing with disrepair. The team understands the issues that such clients have to deal with on a day-to-day basis and can help not only on a legal basis but provide practical advice and guidance."

Steve Edwards, an NHS manager needed a pacemaker after a serious error by doctors performing routine surgery.

Steve Edwards was undergoing surgery to regulate his heartbeat at Bristol Royal Infirmary when surgeons burnt away muscle on the wrong side of his heart.

The operation was performed under local anaesthetic and Mr Edwards was shaken awake during the surgery and told that the life-saving device needed to be fitted immediately.

Mr Edwards comments: "This was a serious matter and very traumatic. It's shocking that a mistake like this can be made.

"Every seven years I will need to be opened up so that the batteries can be replaced in my pacemaker and I may have to have a new one in time.

"Both of these things pose risks as I get older. This whole thing affected my self-esteem and traumatised me.'

The mistake happened in April 2008 and the hospital initially denied making any errors.

However, Bristol Royal Infirmary has since issued an apology to Mr Edwards and paid compensation for their errors and the injuries that resulted.

The hospital claims a piece of equipment slipped, causing the radio frequency to be delivered to the wrong side of the heart.

Daniel Isaac, specialist medical negligence solicitor and partner at Pardoes who represented Mr Edwards comments:

"Sadly this is something that I all too often see in medical negligence claims and it only serves to delay settlement, unnecessarily increases legal costs and reduces patients' trust in the NHS"

If you or anyone you know have been affected by similar circumstances and would like specialist legal advice, contact our medical negligence team now on 01278 457891 or fill out an online enquiry form and a member of our team will contact you.

Further information on this story can be found here: 

www.dailymail.co.uk
www.bbc.co.uk

This has not been the first case of the NHS being accused of failing to deliver basic care and treatment to patients. A few months ago, a check in over 100 hospitals across the country, carried out by the Care Quality Commission (CQC), found that violation of human rights was quite common, with 20% of the patients having been left unwashed, hungry and humiliated.

Members of the CQC claim that such breaches of the law have been going on in maternity services for years but the matter has not been adequately handled by senior managers.

In Queen's Hospital maternity unit, for example, there have been several cases of women who died giving birth and dozens of other patients have already turned to lawyers for assistance in bringing claims for medical negligence. Currently, there are twenty negligence proceedings against Queen's Hospital personnel.

Moreover, several midwives have undergone disciplinary proceedings and a significant number of others are expected to be disciplined. The new Chief Executive of the hospital, Averil Dongworth, apologised to all patients and claimed that rudeness by staff will not be tolerated.

In an attempt to discover what lies beneath the practice of abuse, an independent commission has been set up to examine whether poor care results from changes in society, in personal values or the NHS itself.

If you are concerned that you have received negligent medical care or treatment and would like to discuss this with one of our specialist medical negligence solicitors, please contact us or call 01278 457891 / 0800 389 5167

The Legal Aid, Sentencing and Punishment of Offenders Bill returned to the House of Commons this week for its report stage and third reading. At the same time the institute published a report, Legal Aid is a Lifeline.

The institute urged the government to amend the bill to provide legal aid to domestic violence victims, and broaden the definition of domestic violence and eligibility criteria.

Missing Millions, a report published by the Law Society on the same day claimed the government's £350m legal aid cuts are based on ‘flawed assumptions'. It cast doubt on whether the savings will be realised and suggested the cuts will lead to higher costs for the taxpayer.

The report said: ‘The social consequences of the legal aid bill, in terms of miscarriages of justice and barriers to people seeking remedies for harms that are no fault of their own, are disproportionate to the savings that can be achieved by withdrawing civil legal aid from 645,000 cases a year.'

On Monday, MPs voted down opposition amendments on the domestic violence provisions, and after lengthy speeches from coalition MPs the house did not have time to debate the cuts to social welfare law.

If you have been affected by any of the issues discussed above and would like further advice on the various funding options available to you, please contact the Family team or email enquiries@pardoes.co.uk

A proposal to set a time limit on family justice cases, published in the final Family Justice report, has been met with approval by lawyers and judges.

According to the report, the introduction of a six-month statutory period to close care cases, with exceptions allowed in special cases, is a key factor for improving the quality of family justice.

Statistics show that half a million children and adults take part in family cases every year. Care case procedures take 60 weeks on average and private law procedures are on average delayed for as long as 32 weeks. The reviewing panel has found that the practice of delaying case resolutions has become very common and has recommended a rethink.

Overall, the 200-plus page report focuses on three aspects of the system - public law, which deals with cases of taking children into care; private law, which resolves divorce, separation and children matters; and the establishment of a Family Justice System. Increasing the use of mediation, appointing more judges who specialise in family law to take care of entire cases and creating a simpler court structure are among the main recommendations made by the panel.

A spokesperson for the government has also welcomed the report, saying that the suggested reforms will primarily benefit children. Each year £25m will be allocated to more adequately meeting the needs of the children involved.

If you would like further advice on this subject, we would be pleased to hear from you.

To speak with one of our family law solicitors click here

Currently, occupying a building/land without the owner's permission is a civil, not criminal offence, meaning that although squatters can be evicted by the court (which is usually very straightforward) they cannot be fined or sent to prison. However, this may change if the authorities manage to pass new law.

Squatting is becoming increasingly common, due to various factors: high rents and house prices; a squeeze on mortgage approvals and the generally tough economic climate.

However, at present, property owners can only get rid of uninvited guests by issuing proceedings, obtaining a court order and getting the bailiff to turf them out.

Although the Government plans seem to be supported by the general public, there is strong opposition coming from housing charities, some legal experts, human rights organisations and of course, the squatters themselves. A judge from London has called for a registry of empty buildings, issued locally, to provide accommodation for the homeless.

Despite the lack of official statistics, it is estimated that there are approximately 20,000 squatters in the country.

Crispin Blunt, UK Minister of Justice, explains that the current law works against hard working and law abiding property owners, who have to incur the costs of not only an eviction order but also to repair their property when they get it back. The Minister of Justice will present his official proposal shortly but the measures being considered include: creating a new offence of squatting in buildings; extending the offence of refusing to leave after requests by a landowner under section 7 of the Criminal Law Act 1977 to all types of property (not just residential); repealing the offence under section 6 of the Criminal Law Act 1977, of recovering possession by force when there is someone present on the premises who has opposed the eviction and improving the enforcement of the existing law.

However, there are conceptual problems with each of these, but the overriding practical problem of further criminalisation is a lack of police resources to enforce the law. Given the same, we consider that the current procedure for obtaining a possession order will continue to be the most effective, efficient and timely method to recover property from squatters.

If you have a property dispute or need advice relating to landlord and tenant matters, please contact the Property Litigation Team or email enquiries@pardoes.co.uk

We have Property Litigation solicitors in Taunton, Property Litigation solicitors in Yeovil and Property Litigation solicitors in Bridgwater.

Between April 2010 and March 2011, 24,726 people suffered a fracture, an amputation, a burn or another injury that was not fatal. In comparison, there were 26,268 registered cases during 2009/2010. The drop in numbers suggests that at least some of the injuries are preventable.

Not surprisingly, workers in agriculture and construction are most often subject to workplace injury, with approximately 222 and 173 major workplace injuries recorded per 100,000 employees respectively. (See related story)

The results from the report indicate that raising awareness and supplying information on safety measures, as well as more precisely targeted legislation, could positively influence workplaces in the whole country. However, steps for making sure employers comply with office health and safety rules are also a priority.

Despite the reduction of total numbers, the death toll resulting from workplace incidents has increased to 171, a rise of 30 deaths from last year. Nevertheless, the death rate is still the lowest of all EU country members.

Although the general trend seems to be positive, HSE chair Judith Hackitt is concerned about the increasing gravity of injuries. She claimed that the HSE will continue to work in collaboration with employers, employees and organisations to improve health and safety standards.

Jonathan Rich, who heads Pardoes' specialist personal injury team, comments: "Employers need to consider the risks that their employees face and take reasonable steps to reduce the risks. Our team's wide experience allows us to understand quickly what has gone wrong when someone has been injured at work and advise on whether a claim can be brought".

If you have suffered an accident at work please contact us or email enquiries@pardoes.co.uk. We have personal injury solicitors in Taunton, personal injury solicitors in Yeovil and personal injury solicitors in Bridgwater available for a free confidential discussion.

If you have suffered an accident at work and would like a free initial confidential discussion, please contact us or email enquiries@pardoes.co.uk. 

Pardoes' Personal Injury Solicitors are based in Bridgwater, Taunton and Yeovil.

An estimated 58,000 people will welcome 2012 with a new name and since 2001 the numbers of deed polls have increased tenfold.

Changing a name that might embarrass its owner is not a novelty. But these days people seem to discard their ordinary names and opt for more exotic names. One extreme example is a teenager who is now named Facebookdotcom Forwardslash-MountaindewUK. A supermarket employee Greg Lewis has officially changed his name to Dr Pasty-Smasher Omelette and when Michael Pugh and Rebecca Griffin married, they merged their surnames and became Mr and Mrs Puffin.

There is also a tendency for celebrity name adoption and as of this year there are 30 new Michael Jacksons, 15 Wayne Rooneys and five Amy Winehouses.

Meanwhile, almost 300 people have decided to be called John Smith and 200 people have put Danger as their middle name.

In the past, name change was only allowed if a person's birth name was found to be embarrassing or offensive but these days almost anyone can apply for a name change.

If you would like to change your name, the Pardoes' Family Law Team can help. For further information on change of name deeds contact the Family Law Team or email enquiries@pardoes.co.uk

Pardoes' Family Solicitors are based in Bridgwater, Taunton and Yeovil.

The Law Society Family Panel is made up of a select group of solicitors who specialise in family law and who can demonstrate a high level of skill and understanding in a number of practice areas. Members who are accepted onto the panel must prove they meet the Law Society's high standards.

Imran says, "Becoming an accredited member of the Law Society Family Panel took a lot of hard work and is something I'm very proud of. It recognises the breadth of my experience as a family lawyer and offers clients the reassurance they need in what is often a difficult and emotionally sensitive field. Recognition from an accreditation panel such as this demonstrates that Pardoes is becoming a formidable force in the area."

Managing Partner of Pardoes and Head of the Family Team, Kit O'Brien, who is also an accredited member of the Law Society Family Panel, says, "We recognise that Family Law is an area where people must have confidence in their representatives. Our Family team are all specialists in this area of work and we're delighted that we can demonstrate a real breadth and depth of nationally recognised expertise, now with two accredited members of the Law Society Family Panel."

Having joined Pardoes five years ago as a trainee, Imran became a fully qualified family lawyer in 2008 specialising in all areas of family law, with extensive experience in both private and public law proceedings. His widespread expertise covers divorce, ancillary relief, cohabitation disputes and domestic violence, and he works closely with the independent Domestic Violence Advisors at Somerset Change.

Pardoes has a large number of solicitors who are recognised on Law Society Panels, which reinforces the high quality, wide-ranging service that the firm provides.

A well-established South West legal firm, Pardoes has 16 partners and 86 staff across its three offices in Bridgwater, Yeovil and Taunton. It offers a full range of legal services and has expanded many of its specialist sectors in the past two years. During that period, five new partners have been appointed to head up its core business divisions in the fields of private client, family and property.

However, experts think that the real numbers may be even higher as many relatives have decided not to apply for medical negligence compensation.

Although there are still no official figures on negligence claims in 2010-11, there are indications that their number will be unusually high. The government attributes this to the fact that some families have decided to take action now, despite the fact that a relative of theirs died in previous years.

Solicitors claim that society needs to see doctors, nurses and paramedics as conscious and trustworthy professionals. In fact, most of them are. But the small number of medical workers who have contributed to a person's death should be held responsible. Admittedly, on many occasions the mistake is caused by fatigue or by improper training, but these are an unacceptable threat to human life, a partner at a solicitor's firm commented.

Skidmore said that the government, hospitals and society as a whole need to make an all-out effort to prevent such poor health care levels being registered in future.

If you have been affected by any of the issues above and would like further advice on medical negligence, contact the medical negligence team or email enquiries@pardoes.co.uk

Pardoes Medical Negligence Solicitors are based in Bridgwater, Taunton and Yeovil.

The Rev Mark Sharpe claimed to have been forced to leave his parish in rural Worcestershire. The vicar says that he and his family had been harassed for four years, while he received no support from the Church. He is claiming constructive dismissal.

Sharpe is accusing his parishioners of slashing his tyres, cutting his phone lines and trying to poison his dog among other things. He also claims that a churchwarden has made offensive remarks about his looks.

The vicar claimed at a pre-hearing review held at the Birmingham Employment Tribunal that as an employee, he is entitled to have his case heard before an Employment Tribunal.

However, Church lawyers argue that he is an office holder and not an employee and so not entitled to have a case of unfair dismissal heard before the Employment Tribunal.

The trade union Unite says that if Sharpe's claim is upheld, this could be an important precedent that would enable other clergy members to look for their rights. The union is currently reviewing several cases, similar to Sharpe's, and more complaints are being filed.

Nick has been on the Council of the Bristol Law Society for three years and has been Vice President since November 2010. In his new role as President, Nick will be responsible for representing the interests of all legal professionals in the greater Bristol and Bath areas, as well as representing the Society on formal occasions both in the UK and abroad. He will also chair the Council and Executive meetings, which determine the Bristol Law Society's policies.

Following his appointment, Nick said, "I'm delighted to have been elected as President. Law firms are currently facing a range of significant challenges and opportunities both in the South West and nationally. I am looking forward to working with fellow members of Council and other local lawyers to help address these issues and to promote the profession more widely. At the same time, I am also committed in supporting the view of the legal profession that access to justice should remain available to the poorest and most vulnerable members of society."

Nick is head of the Property department at Pardoes. He is a highly experienced property lawyer with specialist understanding of commercial, mixed use and residential land development projects. Trained and qualifying as a solicitor in London, Nick was brought up in the West Country and has lived in Somerset for over 15 years.

A well-established South West legal firm, Pardoes has 15 partners and 86 staff across its three offices in Bridgwater, Yeovil and Taunton. It offers a full range of legal services and has expanded many of its specialist sectors in the past two years. During that period, five new partners have been appointed to head up its core business divisions in the fields of private client, family and property.

In the last 12 months solicitors at Pardoes have been contacted by clients concerned about the apparent failure of their PIP implants. The possibility of a carcinogenic risk associated with failure now raises the level of worry already felt.

The firm is already looking into the issues surrounding the alleged use of mattress grade silicone in PIP implants and awaits further scientific evidence which may or may not come from the French Government.

In the meantime UK women who have health concerns are being advised to contact their transplant surgeons for clinical advice.

James Wickett, Solicitor, Medical Negligence Team.

Email: james.wickett@pardoes.co.uk

In celebration of the New Year, and the current development and promising future of Bridgwater, come and join us for drinks and canapes.

Drinks will be served from 5pm onwards at Pardoes offices in Bridgwater.

Date: Monday 23 January 2012
Time: 5pm onwards
Location: Pardoes ofices in Bridgwater

Please RSVP to Carla Tier on 01278 454417 or email carla.tier@pardoes.co.uk

The charity says that NHS staff discriminated against these patients by failing to provide adequate care and neglected their need for special treatment. Their deaths occurred as a consequence of wrong decisions or errors in hospitals where they were treated, Mencap argues.

Mencap's head of campaigns and policy David Congdon says that the alarming statistics prove the NHS' inability to understand and treat patients with learning disability and adds that this might just be "the tip of the iceberg", suggesting the NHS' contribution to deaths in other cases.

Ann Abraham, parliamentary and health service ombudsman, also confirmed that in at least four of those cases the patients could have been saved if they had been treated more adequately and in eight cases the NHS staff had been proved to have made fatal mistakes. Investigations showed errors in a number of other cases as well.

The report from Mencap states that in the 74 cases cited the staff had been unable to diagnose serious conditions and diseases and patients had not received basic care, such as painkillers. Moreover, there is evidence suggesting that staff had considered some of the patients' lives "not worth saving".

NHS managers claim they will take the issue seriously and said that they are keen to read the Mencap report.

If you or a member of your family believe you have received negligent care by the NHS Trust or any other hospital, contact the Medical Negligence & Healthcare Law Team on 0800 389 5167

The survey, which interviewed more than 2,000 people, reveals that 63% of those polled have no Will, including well over half (57%) of the married couples.

According to the research, people have different reasons for not making Wills, with the biggest group, 30%, saying that they do not have enough worthy possessions to list in a Will. About a quarter of the respondents say they are too young, whereas a similar proportion think that making a Will is not important. Some 13% say they are simply terrified by the idea of dying and having a Will.

Those that do have a Will also share different opinions on their main stimulus to make one. One in six made the decision after becoming a parent, while for 15% the main drive was age. In just 13% of the cases, people made a Will after they got married and 12% felt the need to have one after they took out a mortgage.

Charlotte Black, head of Corporate Affairs at Brewin Dolphin, says that the majority of Britons should certainly reconsider their decision not to make a Will, as in case of death, their house, their savings and valuables might not be inherited by a person they want to benefit. Having control over who gets what, especially for unmarried couples, is essential, she warns.

Richard Flack, Head of Private Client Services at Pardoes, endorses the need to make a Will. The rules for people dying without one can produce surprising results. For example, a widow may not inherit the entirety of their husband's estate if the estate is large enough and the husband had children, whether from that marriage or a previous one; and the survivor of an unmarried couple is not entitles to anything under those rules.

There were four guest speakers at the conference, including keynote speaker Duncan Goodhew - the Olympic Gold medallist swimmer - who gave an inspirational talk about how to get yourself and your team motivated and stay motivated.

The other speakers at the event were from the CIPD and included Steve Head, who discussed how companies can deliver more with less; Stephen Frost who spoke with delegates about how businesses can make a difference in today's straightened economic times; and Vicky Wright, who spoke about the future role of the CIPD.

Pardoes offered Employment Law clinics, which ran throughout the day. Meanwhile, Head of Commercial and Employment, Maeve Vickery and her colleague Sarah Driscoll, an assistant solicitor within the Employment team, presented delegates with an update on the forthcoming changes to the legislation in 2012, which was particularly well attended.

Maeve Vickery commented, "Pardoes Solicitors was delighted to sponsor this event which brought together HR professionals from across the region. The whole day had a really positive atmosphere with delegates being highly engaged in the event and keen to learn more about all of the forthcoming changes to employment law over the next year."

"At the risk of being labelled killjoys, we would encourage anyone planning their wedding to think about a pre-nuptial agreement," says Kit O'Brien, Head of the Family Law Team at Pardoes.

"For many people, marriage is a much more complicated affair than it used to be. Two fifths of the marriages taking place each year are now remarriages for either one or both partners. It's a sad fact, but a genuine statistic, that divorce rates are higher for second marriages - with over 60 per cent ending in divorce - and there are significantly more complications. For example, the couple may own several properties that they each want to keep and they may have children from previous relationships and be anxious to ensure that those children won't lose out financially as a consequence of the planned marriage.

"Although prenuptial agreements still aren't absolutely binding in England and Wales, if certain straightforward steps are taken in preparation, you can assume they will be upheld on any subsequent divorce unless one party can show that it would be unfair," O'Brien continues.

"A pre-nuptial agreement needs to be prepared at least three weeks before the wedding to avoid any suggestion of last minute pressure to sign up. Each person should take their own independent legal advice on the agreement and it's important to make sure that full information is given about financial circumstances so that everyone is clear about what assets each of them holds.  At Pardoes, our specialist family team is experienced in giving advice about and preparing pre-nuptial agreements and you could find that talking about it now saves enormous financial and emotional cost at a later stage."

Pardoes is a well-established South West legal firm, with 15 partners and 86 staff across its Bridgwater, Yeovil and Taunton offices. It offers a full range of legal services and has expanded many of its specialist sectors in the past two years. During that time, five new partners have been appointed to head up its core business divisions in the fields of private client, family and property.

The incident took place in April 2009 when David James, from Weymouth, was working at a workshop in Wareham. He was operating a machine that produces metal components, used in roofs for industrial buildings. James had to feed metal sheets into the machine manually, despite the fact that this was not necessary for the process. Still, workers were supposed to do that, as the firm thought that guiding the sheets by hand would lead to higher quality.

While James' arm was inside the machine, guiding a metal sheet through it, the machine started and trapped his hand. Although other workers quickly managed to stop the machine and get his arm out, James was seriously hurt and was unable to return to work.

Investigation by the Health and Safety Executive (HSE) revealed that James and his colleague, who was also working with the machine at the time of the incident, had not been trained to operate the machinery for seven or eight years.

Bournemouth Crown Court ruled that Aden Pro Form Ltd, based in Poole, must pay a £15,000 fine and a further £17,104 in costs. The firm admitted breaching Section 2 (1) of the Health and Safety at Work Act 1974.

If you have been injured in an accident at work in the past three years, call our specialist personal injury solicitors on 0800 389 5167 or click here to submit an online enquiry.

The 65 teams who took part this year were required to swim in relay format for 53 minutes with each member swimming two lengths of the pool to qualify for a lap, before tagging the next team mate.

The team at Pardoes completed a hard swum 60 laps - a fantastic achievement. Denys Rayner, CEO, who participated in the Swimathon, commented "I am very proud of the Pardoes team who not only put a great effort in to swim but also to raise money for an excellent cause." The winning team this year swam a staggering 94 laps. We now know what we have to do for next year Team Pardoes - grow some gills!

Well done and a huge thank you to all those who participated and a big thank you to everyone who kindly sponsored the team this year.

According to Dean Mirfin, group director for KRS, there has been a 5.4% annual increase in the total amount of funds released, which reached £959.6m at the end of last year. Thus 2011 was closed with positive yearly growth for the first time since 2007, he says. In addition, plan sales recorded annual growth of 1.6% in 2011, with latest figures standing at 22,366, continuing an upward development for the second year in a row.

The UK Equity Release Market Monitor 2011 Review shows that there is now a tendency for growth, after the market remained stagnant for several years. Still, despite the evident positive development, experts are concerned that not many people are interested in drawdown plans, Mirfin adds.

Meanwhile, KRS also revealed that equity release customers rely on independent advice and specialist knowledge when choosing a company. Almost half of the 2,000 people that KRS polled had selected their adviser using these criteria, while just 15% went for the company that would offer the most profit. A quarter of those interviewed chose the company for its reputation and 24% trusted the one offering the most variety of plans.

Equity Release can be a solution that offers life changing results to your future finances.  To arrange a discussion with a Residential Property Solicitor, click here to contact us or submit an online enquiry.

A record number of UK drivers have been fined for using their mobile phone while driving over the past year. Approximately 200,000 motorists have been caught for this driving offence, figures from the Home Office and a recent study from Halfords reveal.

Statistics show that at least 171,000 fixed penalty notices were given to motorists for using the phone while driving, with a further 35,000 fines imposed by magistrates in the period between October 2010 and October 2011.

Meanwhile, a survey from Halfords reveals that nearly half of surveyed motorists admit to illegally using their mobiles while on the road with a quarter of those admitting to breaking traffic rules at least once a month. The number of people who admit to committing these driving offences increased by 10% compared to last year's poll.

Five years after tougher penalties were introduced for phone use on the road, increasing numbers of drivers say that they have texted, made or received calls and browsed the Internet while driving. Drivers sometimes reach out for them without even stopping to think how they compromise safety or that it could result in prosecution for dangerous driving.

Pardoes Crime and Motoring Offence Solicitors

If you wish to speak to one our specialist motoring offence solicitors, please contact us on 01278 457891. We have offices in Bridgwater, Taunton, Yeovil and Dorchester.