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Psychiatric Damage

If you have suffered psychiatric damage and/or psychological effects as a result of negligent medical treatment, then you could have a clinical negligence claim and may receive compensation. Psychiatric damage is the ‘sudden appreciation of a horrifying event which violently agitates the mind’.

For a psychiatric injury claim, you can be a primary victim or a secondary victim.

A primary victim is usually involved in the traumatic event in question.

A secondary victim may not be involved in the traumatic event but they witness it.  

Examples of psychiatric and psychological injury can include where a patient was - 

  • Discharged from hospital without care plans or supervision (after being suicidal or depressed);
  • During birth – when a mother is giving birth and the baby is affected/injured as a result of negligent medical treatment;
  • Injury/Suicide while on a psychiatric unit – This can occur when the psychiatric unit fails to take into account any symptoms or risks of new patients. It can also occur when a patient is not correctly supervised.

It is common in most cases of clinical negligence for clients to experience varying degrees of trauma given the consequential effects of the treatment or care received, whatever that may be. We will address that area as part of your claim.

 

Do you have the Ground Rent grumps?

Amy Settle
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Do you have the Ground Rent grumps?   As leasehold property owners we are faced with that annual ground rent payment and we just don’t know why we pay it. Many pay a nominal amount equivalent to a high street coffee but others pay so much...

Significant Surge in Inheritance Disputes

Emma Manifold
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Significant Surge in Inheritance Disputes     It has been reported in The Times recently (27 December 2023) that legal cases involving inheritances disputes have risen by 34% in the last 5 years, with 195 inheritances disputes going to court...

Inheritance Tax - IHT - where are we now?

Sarah Greene
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There was much talk recently about the possibility of Jeremy Hunt making changes to inheritance tax (IHT) in his Autumn statement of 22nd November.  There had been rumours that IHT was being scrapped altogether or that instead of a 40% tax charge it...

The Inheritance - The legal bits

Emma Manifold
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‘THE INHERITANCE’    The new drama recentlystarted on Channel 5 ‘The Inheritance’, has been very popular with audiences and gives an interesting insight faced by many following the loss of a parent or very close family...

Probate - Don't DIY!

Emma Manifold
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Probate – the DIY approach    There has been a definite increase in the number of do-it-yourself probate applications in recent times, particularly after the Court Service rolled out an online portal system in 2018 which allows...

The Dangers of making a will online

Lucy Dunning
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The Dangers of Online Wills   Co-op Legal Services recently announced that it is partnering with Amazon UK to offer digital Wills. Clients will input their data online and receive a Will to sign at home, which is a quick and inexpensive alternative to...

No Fault Divorce and Dissolution of Civil Partnerships

Donna Leigh
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The law up to now Until now, the only ground for divorce or dissolution of a civil partnership was ‘irretrievable breakdown’. In relation to divorce, the petitioner was required evidence this irretrievable breakdown by proving one of 5 facts, as...

Boundary Disputes - tips via Weatherfield

Emma Manifold
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Top tips for dealing with boundary disputes before seeing a solicitor…………   1. You should try to resolve the dispute amicably where possible. Boundary disputes can be very expensive and extremely stressful.    ...

Employment - fit notes and sickness absence - Covid 19

John Webster
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As a temporary measure to assist with the Covid-19 response, the Government has relaxed the rules around providing employers with medical evidence to support sickness absence. This is predominantly to ease the pressure on general practices as they deal with...

COVID-19 and the recovery of commercial rent arrears

Emma Manifold
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COVID-19 and the recovery of commercial rent arrears    Commercial landlords have been significantly impacted during COVID-19 due to various legislative changes preventing any meaningful enforcement of commercial rent arrears. As lockdown...

Commercial Rent (Coronavirus) Bill

Emma Manifold
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Commercial Rent (Coronavirus) Bill - what we know so far    In response to the devastating impact of COVID-19 on many UK businesses and their inability to pay rent, the UK Government is set to introduce a binding arbitration scheme to deal...

What happens if you're lost in the system?

Peter Cunliffe
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Lots of patients when undergoing a procedure at hospital trust not only the person and their team when conducting the operation but also the vital role the administrators play. After surgery it’s not always easy to take in the findings the surgeon has...

Employment changes 2021

John Webster
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Here are some Employment Law changes we can expect to see in 2021:   Non-exclusivity Clauses   On 4 December 2020, the Government began consultation into two specific areas of employment law, both of which are due to end on 26 February 2021....

Now is the time to look after yourself and your loved ones

Liz Taylor
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There has never been a more important time to look out for oneself and those whom we hold dear. The daily news is enough for everyone to bunker down or escape. We are, sadly, stuck in an increasing mire of restrictions. The effect on the economy is massive...

No-fault Divorce One Step Closer

Donna Leigh
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Back in 2016, Pamela Donnellan examined the prospect of a 'no-fault' divorce option being introduced into England and Wales. That prospect now looks like becoming a reality soon, though not soon enough for many. Especially for those...

Hospitality and leisure sector considerations during Coronavirus - 13 May 2020

David Darlington
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Hospitality and leisure sector considerations during the Coronavirus outbreak The Coronavirus outbreak which has rocked the country is probably hitting the hospitality and leisure sector the hardest and the earliest. Restrictions on large gatherings such...

Financial Support for Individuals and Self-Employed Individuals - 13 May 2020

David Darlington
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Financial Support for Individuals and Self-Employed Individuals Many of our clients are self employed and won’t be covered by some of the business schemes referred to in our guide What measures are available to help businesses through the...

Furlough leave and what this means for employers - 13 May 2020

David Darlington
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13th May 2020 update Furlough leave and what this means for employers The Government has announced extraordinary measures to help keep businesses afloat during the global COVID-19 pandemic. One of these measures is the ‘Coronavirus Job Retention...

COVID-19 Help for businesses - 13 May 2020

David Darlington
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What measures are available to help businesses through the Coronavirus outbreak? We understand that many of our clients will be very concerned about what they should do at this time to try to keep their business and staff safe as well as keeping the...

COVID-19 Impact on the property sector - 13 May 2020

David Darlington
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How is the property sector impacted by the Coronavirus outbreak? – 13 th May 2020 Update The Coronavirus pandemic has affected everyone in the UK in one way or another. Here we look at the property sector and the impact we are seeing on this....

COVID-19 Businesses - to open or close? 13 May 2020

David Darlington
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Which businesses have to close to the public during the lockdown? – 13 th May 2020 update The laws introduced to implement the coronavirus lockdown were been gradually introduced with some businesses having to close earlier than others. Legislation...

COVID-19 as at 13 May 2020 - time to relax?

David Darlington
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What do the rules on relaxation of the lockdown on 13 th May 2020 actually mean – what can I now do? On 11 th May 2020 Boris Johnson made a public address explaining that we were entering the next phase of lockdown that would result in a slight...

COVID-19 Story So Far

David Darlington
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At the start of 2020 expectations were high. Talk was of a record gold haul in the Olympics in Japan, whether we would leave the EU on time, whether Liverpool would finally win a Premier League title. There was talk of holidays abroad in the sun, family...

Hospitality and leisure sector considerations during the Coronavirus outbreak

David Darlington
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The Coronavirus outbreak which has rocked the country is probably hitting the hospitality and leisure sector the hardest and the earliest. Restrictions on large gatherings such as football matches came first quickly followed by a request for the public not...

How is the property sector impacted by the Coronavirus outbreak?

David Darlington
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The Coronavirus pandemic has affected everyone in the UK in one way or another. Here we look at the property sector and the impact we are seeing on this. Hopefully this answers some questions and helps you to plan for your business or individual...

Financial Support for Individuals and Self-Employed Individuals

David Darlington
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Many of our clients are self employed and won’t be covered by some of the business schemes referred to in our guide What measures are available to help businesses through the Coronavirus outbreak?  However, the Government announced the Coronavirus...

What measures are available to help businesses through the Coronavirus outbreak?

David Darlington
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What measures are available to help businesses through the Coronavirus outbreak? We understand that many of our clients will be very concerned about what they should do at this time to try and keep their business and staff safe as well as keeping the...

A Serious Incident - what is it and how to deal with one

David Porter
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We are all being advised to take extra care during the coronavirus pandemic. Not surprisingly fraudsters are taking advantage online by pretending to want to help. This raises the fraught issues as to how a Charity should deal with a serious incident. What...

Furlough leave and what this means for employers

David Darlington
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The Government has announced extraordinary measures to help keep businesses afloat during the global COVID-19 pandemic. One of these measures is the ‘Coronavirus Job Retention Scheme’ which allows employers to claim up to 80% of an...

Which businesses have to close to the public during the lockdown?

David Darlington
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The laws introduced to implement the current lockdown have been gradually introduced with some businesses having to close earlier than others.  However, the legislation introduced on 26 th March 2020 in England (Wales and Scotland announced similar...

Coronavirus Lockdown Rules - What does this mean for me?

David Darlington
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At 8pm on 23rd March 2020 Boris Johnson addressed the public to announce an unprecedented lockdown across England (Wales and Scotland announced similar restrictions). The laws implementing the announcement (The Health Protection (Coronavirus, Restrictions)...

Covid-19 and its effects on employment

John Webster
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COVID-19 and its effects on employment With the current crisis in full flow, the government has introduced a number of emergency measures to help businesses and employees through this crisis. Extension of Statutory Sick Pay Employees who are sick...

To furlough or not to furlough

John Webster
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Furlough leave and what this means for employers The Government has announced extraordinary measures to help keep businesses afloat during the global COVID-19 pandemic. One of these measures is the ‘Coronavirus Job Retention Scheme’ which...

LEGALESE: Part 3 - "NOTWITHSTANDING"

Joseph Hossein
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LEGALESE: “NOTWITHSTANDING” “Notwithstanding”. It’s a bit of a mouthful. When used in a contract the term indicates that what is being said in a clause (Clause 2) takes priority over the contents of another clause (Clause...

LEGALESE: Part 2 - "WITHOUT PREJUDICE TO"

Joseph Hossein
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LEGALESE: “ WITHOUT PREJUDICE TO ” “Without prejudice to”. Whilst it sounds like a strange phrase, you will often find it written in contracts. The term indicates to a reader that what is being said in a clause (Clause 1)...

LEGALESE: Part 1 - "THIRD PARTY"

Joseph Hossein
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LEGALESE: “THIRD PARTY” The term “third party” in a contractual context refers to any person (which includes a company, partnership or other entity) who is not a signatory to a contract. Third parties often appear in contracts...

Common Issues for Charity Trustees

David Porter
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Most charities are run by well-meaning and delightful people, who are dedicated to their own charity. As a result, they are frequently more tied up with what the charity does, rather than taking a broader view of their responsibilities.  ...

Structure of a Commercial Lease

Joseph Hossein
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STRUCTURE OF A COMMERCIAL LEASE Leases can be lengthy and complicated documents. Well drafted leases however tend to follow a similar format. Below is a quick glimpse at the format and key parts of many commercial leases: Date of the Lease – One...

Real Axe with a point and a pint

David Darlington
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FIELDINGS PORTER ADVISE ON SET UP OF NEW ADVENTURE TO HELP YOU REAL AXE WITH A POINT AND A PINT Fieldings Porter’s David Darlington, an Associate Solicitor in the Commercial Department, recently advised Real Axe Ltd on the opening of a new axe...

Resolving Financial Matters After A Relationship Breakdown

Pamela Donnellan
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For reasons of public policy, the court encourages people to settle their matrimonial disputes amicably. It is therefore possible to submit an agreed consent order to the court for approval without needing to attend. However, the court will not simply rubber...

Divorce: The Law Currently

Pamela Donnellan
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A divorce cannot be issued until the parties have been married for one year. The spouse who commences the proceedings is known as the Petitioner as they “petition” the Judge for a divorce. The spouse who receives the Divorce Petition from...

Legalese - Subject To - What does it mean?

Joseph Hossein
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LEGALESE: “SUBJECT TO” The phrase “subject to” is used quite a lot in contracts. It indicates to a reader that they should cross reference the current clause they are reading (Clause 1) with another clause elsewhere in the...

The Arrangements For Children After A Relationship Breakdown

Pamela Donnellan
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The breakdown of a relationship can be an emotional and stressful experience, not only for the adults involved but also for the children.  Issues such as with whom and where the children are to live and how often the children should see the other parent...

What to do if I am arrested or interviewed by the police

Peter Cunliffe
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What do I do if I am, or someone I know is, arrested or invited for an interview with the police? Don't panic - let Laura Leech explain: Everyone, regardless of status or means, is entitled to free and independent legal advice when being interviewed...

What to do if you're at risk of being disqualified from driving

Peter Cunliffe
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At risk of disqualification from driving? Let Laura Leech explain: The courts have various powers to impose disqualifications of varying lengths on drivers following their involvement in a criminal offence. Not many people know that in some circumstances a...

Farming Disputes and Proprietary Estoppel

Emma Manifold
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Spotlight on Farming Disputes and Proprietary Estoppel, by Nazia Nawaz There has been an increasing number of disputes relating to farming land and estates , before the courts. We are seeing more litigation in this area than ever before. So what is...

Increase in Probate Fees in England & Wales

Liz Taylor
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The Government has announced proposals to change the way probate fees are calculated, and for many it won't be for the better. In England and Wales, probate fees – paid when administering someone's estate after they die – will now be...

Fee Refunds on LPA Registration Fees

Liz Taylor
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If you applied for a lasting power of attorney (LPA) between 1 April 2013 and 31 March 2017, you can claim a partial refund of up to £54 per LPA. It’s not often that the Government decides to give refunds, but the launch of the LPA refund scheme...

Partnership Agreements - How to make it plain sailing

Joseph Hossein
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PARTNERSHIP AGREEMENTS – THINGS TO THINK ABOUT A partnership exists when two or more people start a business together with a view to making a profit. There are 3 types of partnership in England and Wales; a conventional partnership, a limited...

Guides to lease, rent and let residential properties

Joseph Hossein
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GOVERNMENT ‘HOW TO’ GUIDES ON LEASING, LETTING AND RENTING RESIDENTIAL PROPERTIES Three new guides designed to help and inform landlords and tenants have recently been published by the Government. The three guides are as follows: The How...

A Licence To Occupy - useful or dangerous?

Joseph Hossein
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LICENCE TO OCCUPY – USEFUL OR DANGEROUS? What is a Licence to Occupy? A Licence to Occupy (Licence) is a personal agreement between a property owner (Licensor) and an occupier (Licensee). Under a Licence the Licensor provides the Licensee with...