Standard Form Letters Not Sufficient To Properly Advise Client In Relation To A Personal Injury Claim

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In Procter v Raleys Solicitors (A Firm) [2015] EWCA Civ 400, the Court of Appeal considered an appeal against a finding that a solicitors’ firm had failed to properly advise its client about his claim.

In dismissing an appeal against a decision that a firm of solicitors (R), had failed to properly advise its client (P), the Court of Appeal has confirmed the need for standard form letters of advice to be sufficiently clear to ensure that clients properly understand the nature of the advice.

With Adams Harrison you can be sure that you will receive a personal service, taking you through each step of the claim for your injury.

We always make the time to discuss your position with you in detail and to answer any queries you may have. We do not rely on standard form letters to advise you – The Court of Appeal was critical of Raleys Solicitors for doing just that.

More Success For Leanne

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Leanne Mayes who recently won the Young Lawyer of the Year earlier this year, has now just received confirmation that she has been accepted as a Fellow of the Chartered Institute of Legal Executives. 

Accordingly she now has FCILEx after her name.

Congratulations and well done to Leanne.

Tom Harrison Retires as A Partner

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Tom Harrison of Adams Harrison Solicitors

Tom Harrison presented with a cake at his last Adams Harrison partner’s meeting.

Pictured is Senior Partner Tom Harrison attending his last Partners’ Meeting, as he will be retiring as a partner from the Practice on 30th June 2015. 

However Tom will not be leaving Adams Harrison completely as he will be staying on in the capacity of Consultant and will still be attending the Haverhill office two days a week.

All the staff send their best wishes to Tom for this next stage in his legal career.

Forward Joke And Other e-mails At Your Peril

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Internet Misuse led to an employee being sacked for gross misconduct after he had already been given notice terminating his employment on the grounds of redundancy.

In the case of Williams v Leeds United Football Club [2015] EWHC 376 Mr Williams was given 12 months notice in accordance with his contract for his employment to end by reason of redundancy.

The Football club then discovered that he had used the club’s e-mail system to forward an e-mail entitled “dirty Leeds” together with pornographic images to a male friend at another football club.

Therefore, the club then dismissed him without notice for gross misconduct.

Mr Williams was not entitled, stated the High Court to his year’s salary, even for the part of the year he had worked, or his redundancy pay.

FATCA Registrations Delay: Important Update

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HM Revenue & Customs (HMRC) has advised that some individuals are experiencing difficulties in validating Foreign Accounts Tax Compliance Act (FATCA) registrations, in advance of the 31 May 2015 deadline for reports.

The advice from HMRC is that you should continue to file your FATCA return as soon as possible and it will not seek to apply a late FATCA filing penalty while these online delays continue.

HMRC has further advised that its published guidance is being updated to include a specific reference to these delays being considered a reasonable excuse to avoid penalties for late filing.

FATCA is US legislation aimed at reducing tax evasion by their citizens. It requires financial institutions outside the US to pass information about their US customers to the US tax authorities, the Internal Revenue Service (IRS).

Woman Jailed For Under Declaration Of Inheritance Tax

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HM Revenue and Customs (HMRC) will not hesitate to bring criminal proceedings when tax evasion is significant, as the recent jailing of a woman who under-declared the Inheritance Tax (IHT) due on her mother’s estate proves.

The executor declared that the value of her late mother’s taxable estate to be approximately £285,000, well under the IHT threshold which is currently set at £325,000. The executor had, however, received substantial cash gifts within the seven years prior to her mother’s death, which should have been included on the IHT returns. The correct value of the taxable estate for IHT purposes exceeded £1.5 million, meaning that the IHT liability on the estate was approximately £500,000.

Pleading guilty to cheating the Exchequer, she was ordered to be jailed for 32 months.

There are a number of ways such evasion can be detected by HMRC.  For example, they operate a tax evasion hotline, they can cross-check values of properties sold against the relevant IHT returns, they can use information gleaned from one tax enquiry to start another and they are sometimes able to ascertain that the way a person lives is not commensurate their disclosed financial means.

Please contact us for expert and professional advice to ensure that you fully meet your responsibilities as an executor.

Holiday Pay Tribunal Decision Appeal

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British Gas has lodged an appeal against the recent employment tribunal decision in Lock and others v British Gas Trading Ltd and another ET/1900503/12 which found that commission and similar payments should be included in holiday pay.

If you have any concerns about this or other Employment Law issues please call Adams Harrison on 01799 523441 or send us a message using our contact form.

Increased Financial Penalty For Minimum Wage Violation

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Small Business, Enterprise and Employment Act 2015 has increased the financial penalty for failure to comply with minimum wage amounts.

If you have any concerns about this or other Employment Law issues please call Adams Harrison on 01799 523441 or send us a message using our contact form.