OH Parsons http://www.ohparsons.co.uk Solicitors since 1946 Mon, 13 Nov 2017 16:04:07 +0000 en-GB hourly 1 https://wordpress.org/?v=4.9 Recommendation by Bach Commission to bring back Legal Aid for family cases http://www.ohparsons.co.uk/recommendation-by-bach-commission-to-bring-back-legal-aid-for-family-cases/ Mon, 13 Nov 2017 15:55:59 +0000 http://www.ohparsons.co.uk/?p=9405

Legal Aid for family cases changed in 2013 and since this time only a very limited number of individuals qualify for legal aid for family cases, and they must show specified evidence of Domestic Violence to qualify. This has meant that it has been particularly difficult, even for individuals who potentially fit the eligibility criteria, to actually be awarded legal aid to cover their legal costs for advice and representation.

The Bach Commission calls on the government and other political parties to uphold minimum standards for access to justice through a new Right to Justice Act.

To prepare their report they heard from more than 100 individuals and organisations over a 2 year period. They found that as a result of the cuts to legal aid a two-tier justice system has emerged, with the poorest in society unable to access representation or advice.

They concluded that the current funding scheme ‘needs urgent review and reform and has manifestly failed.’

In many cases Legal Aid meant that individuals were able to access initial advice relating to Family Law cases, called Legal Help. The Commission reports that this should be invested in for its ‘preventative value’ as an ‘early understanding of how the law can

help resolve problems can help prevent significant distress downstream.’

The proposed Right to Justice Act will:

  • Establish the Justice Commission to monitor and enforce new individual rights
  • Establish a new right for individuals to receive reasonable legal assistance which they cannot afford
  • Establish a new set of principles to show how the new rights should be interpreted

In relation to Family law, the Commission recommends that cases eligible for Legal Aid should include:

  • All matters relating to legal support for children cases
  • Representation for particularly sensitive areas of private family law, such as where the primary care of a child is in dispute
  • Where there is a dispute relating to contact with a child and their parents or grandparents
  • Removal of a child from the Jurisdiction
  • Local authority involvement in Private Law cases
  • Cases where a serious allegation is made and it would be unjust not to provide legal representation to defend it
  • Where a court decides an expert is necessary, but the privately paying party is not able to pay towards the experts fees

To put these proposals into practice the Commission makes clear an immediate action plan is needed and the Government need to immediately widen the scope of legal aid, with a focus on early legal help. Change the eligibility requirements for Legal Aid, replace the Legal Aid Agency with an independent body and improve the public’s understanding of the law.

The full report can be found here:   http://www.fabians.org.uk/wp-content/uploads/2017/09/Bach-Commission_Right-to-Justice-Report-WEB.pdf

If you are unsure whether you qualify for Legal Aid, call us for FREE legal advice on our 24 hour Advice Line 0800 526368 and one of our legal advisors will be happy to assist.

Deepa Sidhu

Deepa is our Family Law expert, with clear and concise advice, Deepa can help on all matters arising within Family Law.  Call Deepa now on 020 7379 7277 or email family.solicitor@ohparsons.co.uk

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Divorced women could be losing thousands in divorce settlements by not considering pensions http://www.ohparsons.co.uk/divorced-women-could-be-losing-thousands-in-divorce-settlements-by-not-considering-pensions/ Thu, 09 Nov 2017 15:31:03 +0000 http://www.ohparsons.co.uk/?p=9398

Many individuals don’t realise that pensions can be the largest, or second largest assets, after the family home, in divorce proceedings.

Divorced women are missing out on over £5bn pensions payments annually.

Women are generally less prepared for retirement and don’t save as much into pensions as men.

Catherine Stewart, retirement expert at Scottish Widows, said: “Generally speaking women’s retirement prospects are worse than men’s. The persistent gender pay gap, maternity leave and career breaks can all hold back women’s earning potential and this often impacts pension savings. Relationship breakdowns can leave people really vulnerable but, quite simply, they’re also throwing significant sums of money down the drain.”

Scottish Widows have produced a report, based on interviewing over 5,000 people and found that:

7/10 couples don’t consider pensions when coming to a financial settlement in divorce proceedings
Only 9% think it is important to get a good deal relating to a pension
13% of couples are more concerned with losing their pet than their share of a pension
56% of married couples would fight for a fair share of the family home
36% of couples would want to split their joint savings
Only 9% claim they want a fair share of pensions
15% believe pensions are split 50/50
22% believe that each person keep their own pension
48% do not know what happens to pensions in a divorce settlement
71% of individuals did not discuss pensions in their divorce settlement

This problem is made worse by the fact that the majority of individuals need to pay privately for their legal advice during divorce proceedings, since the changes to Legal Aid in 2013. Consequently, more and more individuals are representing themselves in divorce proceedings and are therefore unaware of all the assets that need to be considered and how these are dealt with legally.

Investment in legal and financial expert advice could result in a larger settlement, particularly for women, and be worth the expense.

Our Family Lawyer shares their top tips on key areas to consider:

  1. If you are going through divorce proceedings always get an up to date valuation of your pension and the other party’s pension, from the pension provider.
  2. Always consider pensions when looking at financial settlements.
  3. Invest in legal advice if there is no agreement over the financial settlement.
  4. Consider legal advice to guide you through the process of financial settlement during divorce proceedings.
  5. A financial settlement in divorce proceedings is usually final, once approved by the Court, so it is important to be certain regarding your entitlement before reaching a final agreement.

At OH Parsons we can provide you with expert advice, represent you and guide you through the legal process of divorce and financial settlements.  If you are considering getting a divorce or are going through a divorce and would like impartial legal advice, please do get in touch with our friendly Family Law expert.

Deepa Sidhu

Deepa is our Family Law expert, with clear and concise advice, Deepa can help on all matters arising within Family Law.  Call Deepa now on 020 7379 7277 or email family.solicitor@ohparsons.co.uk

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HAVS sufferer awarded £67,500 http://www.ohparsons.co.uk/havs-sufferer-awarded-67500/ Mon, 28 Aug 2017 10:43:42 +0000 http://www.ohparsons.co.uk/?p=9333

Our client had worked for his employers for over 13 years as a panel beater.  He was diagnosed with hand arm vibration syndrome (HAVS) as a result of which his employment was terminated. His work involved the use of a range of vibratory tools, including air fed drills mini and air sanders.

He had used these types of tools on average for about 4 hours a day for the 35 years during his employment with his employers and previous companies he had worked for. According to the Health and Safety Executive employees are at risk of a work related injury if they regularly operate rotary tools for more than about one hour a day and at high risk if they operate them for more than about four hours a day.

The Defendant admitted that our client’s use of vibratory tools exposed him to a level of vibration which gave rise to a foreseeable risk of injury and which exceeded the daily Exposure Action Value (EAV).

The Defendants however denied that our client’s the exposure during his employment with them had caused his injury and alleged that he had been contributory negligent. They also alleged that the claim was out of time and statute-barred.

A medical report was obtained from a consultant vascular surgeon.

Court proceedings were served and the claim settled shortly afterwards for £67,500 plus costs.

The specialist Industrial Disease team at OH Parsons have experience in work related disease claims, such as HAVS, Asbestos and stress related claims. If you have been affected and need legal advice please contact the Industrial Disease team on 0800 526 368 to discuss your claim or email info@ohparsons.co.uk

Ian Latimer

Ian is a specialist in Industrial Disease and personal injury claims, particularly mesothelioma/asbestos, stress at work, repetitive strain injury, deafness and vibration claims. Ian deals with his cases thoroughly and his clients empathetically to get them the right results. Call Ian now on 020 7395 8593 or email info@ohparsons.co.uk

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£60,000 clinical negligence compensation after man injured wrist http://www.ohparsons.co.uk/60000-clinical-negligence-compensation-after-man-injured-wrist/ Fri, 28 Jul 2017 13:26:41 +0000 http://www.ohparsonscouk.16-1.a01.co.uk/?p=7596

A painter and decorator injured his right wrist whilst on holiday in Italy after falling down seven rows of stairs at a football stadium.

The client experienced bruising on his legs and his wrist was tender. On his return back to London he experienced sharp pains from his wrist to his elbow when picking up items. He attended A & E at the Royal Free Hospital where it was found he had fractured his wrist. He underwent an operation that consisted of three holes put into his wrist with a pin inserted to keep the bone fracture stable and in the correct place.

After the operation he was then put in a plaster cast and experienced pain. His wife had to take care of his daily needs for three months, such as helping him shower, dress and go to the toilet. She also had to cut up his food so that he could eat.

He attended the hospital regularly to get his plaster changed and wound cleaned. He was put into a fiberglass plaster to help keep the pin in position, however this resulted in extreme pain and bleeding. The client’s concerns about having an infection were ignored by the hospital staff. The wound was surrounded by red and green substance and the pin inserted to hold everything together was clearly visible. The Plaster Technician pulled the pin out very easily, which the client did not feel at all. The wound was then cauterised by setting it on fire. The wound was bandaged up without a cast and the client was sent home.

A few weeks later it was found the wrist had re-fractured. He underwent physiotherapy and gradually started going back to work. His wrist seemed to have gradually deteriorated over the last eighteen months and an x-ray revealed worsening in the wrist.

He currently has continuing symptoms and pain in his right wrist which now cracks on certain movement. If he lifts anything heavy then he experiences shooting pain extending from his wrist to his elbow. This has limited his ability to carry out daily tasks and complete duties at work.

We successfully settled the claim for £60,000 in respect of treatment received from the hospital.

Lisa Doherty

Lisa is our Associate within the Clinical Negligence Team. With vast experience of medical error cases, Lisa is ready to give expert, easy to understand advice to her clients to help them achieve the best possible outcome for their case.  Call Lisa now on 020 7395 8579 or email clinneg@ohparsons.co.uk

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Bus driver awarded £5,250 compensation after road traffic accident http://www.ohparsons.co.uk/bus-driver-awarded-5250-compensation-after-road-traffic-accident/ Mon, 24 Jul 2017 15:58:50 +0000 http://www.ohparsonscouk.16-1.a01.co.uk/?p=7655
This member of Unite the Union was involved in a road traffic accident whilst driving their work bus.

With the support of their Union, OH Parsons brought a claim against our client’s employer for their personal injuries.

We argued the employer was negligent and responsible for providing safe equipment and successfully settled the claim for £5,250 without the need to start a Court claim.

Call us now for advice on any workplace accident (or accident out-side work too) and any work-related disease.

OH Parsons LLP

Specialising in Personal Injury, Employment Law, Clinical Negligence, Industrial Disease, Wills & Probate and Family Law.  OH Parsons LLP has been fighting injustice for over 70 years.

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Claimant With Severe Tennis Elbow Compensated Over £500,000 http://www.ohparsons.co.uk/claimant-with-severe-tennis-elbow-compensated-over-500000/ Fri, 16 Jun 2017 14:00:52 +0000 http://www.ohparsonscouk.16-1.a01.co.uk/?p=7364 The Claimant, now aged 46, was part of a three man team employed by Balfour Beatty and its predecessors to drop and pick up traffic cones on motorways when lanes required temporary closure.

The cones including the light on top weighed 10kg and were a metre tall. The Claimant had to drop the cones from a moving vehicle in a straight line and evenly spaced. The cones were passed to him by a work mate.

The third member of the team drove the vehicle.

The Claimant developed pain in his right elbow which was diagnosed as tennis elbow. He had to give up his work and became a self-employed taxi driver on a very much reduced income.

The trial took place at a local County Court. The Judge found that injury was foreseeable and the Defendants were in breach of the Manual Handling Regulations in failing to carry out a risk assessment and having any system of enforcing the rotation of the roles.

The Judge found that the Claimant’s work had made a material contribution to his injury and that but for the injury the Claimant would have continued to do this job until the age of 67 and was awarded over £508,000.

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£500,000 Awarded after Worker Suffered Life Threatening Injuries http://www.ohparsons.co.uk/client-awarded-18k-after-sexual-harassment-case-2/ Tue, 16 May 2017 14:02:19 +0000 http://www.ohparsonscouk.16-1.a01.co.uk/?p=7368 Our 57 year old client was working as a plumber on a new hotel building site working through an agency that were subcontracted to a construction company which subsequently went into liquidation. Another scaffolding company were also subcontracted to that particular construction company.

While the Claimant was leaving the building for the second fix plumbing by an authorised access route, a scaffolder dropped a scaffold plank from a second floor elevation striking the claimant on the head. He was wearing a hard hat. The claimant suffered a moderate traumatic head injury, concussion syndrome, post-traumatic stress, displaced fractures of the c5 –c7 level, fractures at the T6 level with a loss of disc height and cuts.

At the time of settlement, the claimant was physically fit for light work that did not involve bending and heavy lifting, but he was psychologically still unfit for work until he had undergone a further course of counselling.
The claimant was assisted through the rehabilitation code and received counselling and physiotherapy as well as aids and equipment to help him recuperate. He received £65,000 in interim payments, all of which had to be subject to court applications to recover the same.

The case went to trial and settled when the Defendant’s accepted the Claimants Part 36 offer of £500,000, after each side obtained expert evidence from six specialists.

All three defendants initially denied liability blaming each other and the Claimant only admitting the same when proceedings were issued and served, after filing defences denying liability.

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Rogue Surgeon Paterson Guilty Of Unnecessary Operations http://www.ohparsons.co.uk/rogue-surgeon-paterson-guilty-of-unnecessary-operations-2/ Thu, 04 May 2017 12:22:57 +0000 http://www.ohparsonscouk.16-1.a01.co.uk/?p=7535
On Friday last week (April,28), breast surgeon, Ian Paterson was convicted of carrying out unnecessary breast operations on his patients from 1993 to 2012.

Paterson was convicted of 17 counts of wounding with intent and three counts of unlawful wounding against 10 patients on which he conducted ‘extensive life changing operations for no medically justifiable reason’.

One patient in court described Paterson as being ‘like God’. He had lied and exaggerated his diagnosis and prognosis to convince his patients to go under the knife.

Paterson worked at hospitals within the Heart of England NHS Trust and in Spire Healthcare Clinics in the West Midlands and carried out procedures on many patients. Over 250 of Paterson’s patients under the NHS have received pay-outs and over 350 patients who have received treatment at the private Spire Healthcare Clinics are also taking legal action against Paterson and the private healthcare company. The NHS has paid out nearly £18 million, of which £9.5 million was damages.

Nicola Watkiss, Head of Clinical Negligence at OH Parsons said:

“The brutal misconduct by Ian Paterson on these patients is incomprehensible and they have had to endure damaging repercussions. We are currently representing patients who have received unnecessary breast surgery under the NHS and a private health clinic and we are determined to secure the appropriate compensation for them.”

The specialist Clinical Negligence team at OH Parsons have experience of all kinds of claims against the NHS and the private sector. If you have been affected and need legal advice please contact the Clinical Negligence team on 0800 526 368 to discuss your claim or email clinneg@ohparsons.co.uk

Lisa Doherty

Lisa is our Associate within the Clinical Negligence Team. With vast experience of medical error cases, Lisa is ready to give expert, easy to understand advice to her clients to help them achieve the best possible outcome for their case.  Call Lisa now on 020 7395 8579 or email clinneg@ohparsons.co.uk

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PRESS RELEASE: OH Parsons LLP secures £8.9m for clients pursuing Blacklisting cases http://www.ohparsons.co.uk/press-release-oh-parsons-llp-secures-8-9m-for-clients-pursuing-blacklisting-cases/ Tue, 02 May 2017 14:33:38 +0000 http://www.ohparsonscouk.16-1.a01.co.uk/?p=7610

OH Parsons LLP a law firm acting on behalf of construction union UCATT and its members announces it has secured compensation for 156 blacklisted workers of just under a total of £8.9 million, approximately £57,000 on average per claimant. This brings the blacklisting litigation to an end.

The UK Construction Industry has been involved in the notorious ‘Blacklisting’ scandal – one of the biggest in UK history.

OH Parsons LLP has a dedicated ‘Blacklisting’ team headed up by Spencer Wood, Senior Partner that secured this result for its clients.

The litigation began apparent after the activities of the Consulting Association were exposed following a raid by the Information Commissioner in 2009. Construction companies included Balfour Beatty, Carillion, Costain, Kier and Laing O’Rourke.

Spencer Wood, Senior Partner at OH Parsons LLP said, “I’m proud that OH Parsons have acted on behalf of these 156 members to fight the terrible injustice in blacklisting by these large construction companies. I hope the admissions of guilt and award compensation goes someway to address the wrongs they have suffered throughout their working lives.”

Brian Rye, Acting General Secretary of construction union UCATT, said: “The compensation won on behalf of our members is a massive victory for justice. However no amount of compensation can replace the hurt and damage our members suffered by having their lives ruined by blacklisters.”

A formal statement in open court is to be read out at a High Court hearing on Wednesday 11th May when the construction companies will make public their formal apologies through their legal team.

End.

Notes to Editor:

OH Parsons have a national reputation in personal injury, clinical negligence and employment law.
The firm has been established since 1946. They have years of successful experience in pursuing claims against large corporate organisations such as British Airways, Carlsberg UK Limited, Laing O’Rourke, Persimmon Homes, Gate Gourmet, Kuehne & Nagel Drinks Logistics Limited.

With offices in London and Mansfield, Slough is their third new office and Headquarters.

Spencer Wood is the Senior Partner and Head of the Employment Department. He has over 30 years’ experience within the legal industry.

Marketing and Media Contact:
Yasmine Ahmed
OH Parsons LLP
Churchill House
Chalvey Road East
Slough
Berkshire
SL1 2LS
0203 823 4929

Spencer Wood

Spencer Wood is the Senior Partner at OH Parsons, with clear and concise advice, Spencer can advise on all aspects of Employment Law and Personal Injury.  Call Spencer now on 020 7379 7277 or email info@ohparsons.co.uk

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More personal injury claims successfully settled by OH Parsons! http://www.ohparsons.co.uk/more-personal-injury-claims-successfully-settled-by-oh-parsons/ Mon, 17 Oct 2016 13:16:05 +0000 http://www.ohparsonscouk.16-1.a01.co.uk/?p=7665
Personal Injury Legal Experts, OH Parsons have successfully settled three more accident claims for Union members.

Our first client suffered personal injury in a workplace accident caused by a forklift truck, and OH Parsons successfully settled this claim for £25,000.

Our second client suffered an injury after slipping on a wet canteen floor and OH Parsons successfully settled this claim for £30,000.

Our third client, a baggage handler, was injured by a vehicle and OH Parsons successfully settled this claim for £13,500.

OH Parsons represented these Union members and argued their employers were negligent and responsible for the safety of their employees.

As specialist Personal Injury (and workplace related disease) Solicitors, with over 60 years’ experience representing trade union members and private clients, we were able to successfully negotiate settlements for ALL these claims ‘during proceedings’. This means that we issued a court claim against the employer but we settled it before our clients had the stress of going to court.

OH Parsons LLP

Specialising in Personal Injury, Employment Law, Clinical Negligence, Industrial Disease, Wills & Probate and Family Law.  OH Parsons LLP has been fighting injustice for over 70 years.

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