Service using Facebook

The High Court has recently agreed to the service of a Claim Form via Facebook. The service of Claim forms via Facebook had previously been allowed in Australia and New Zealand, but it believed to be the first time that it has been allowed in the English Courts. The Claimants in this case were having difficulty in locating one of the parties involved in the dispute.

This decision shows the expanding reach of social media to all aspects of life. Social media can be especially applicable to the workplace. All employers should consider having social media policies in place.

If you need advice on social media or require a social media policy to drafted for your business then please contact Ryan D’Souza in our employment department on 01708 784090.

Do you have a mortgage offer from HSBC?

HSBC are forcing their mortgage applicants to use one of a panel of only 43 law firms throughout England and Wales chosen by them to carry out the legal work or face paying more for their conveyancing.

Desmond Hudson, the Chief Executive of the Law Society, said:

"The disabled, those living in rural areas or even those wishing to simply use their family solicitor will either have liittle choice but to opt for the same solicitor as HSBC - one of their panel firms- or pay twice over, for their own solicitor as well as HSBC's legal fees"

This could mean additional costs, longer delays, increased stress and a greater chance of your purchase falling through.

We believe that this restricts client's freedom of choice.  For further advice on this please contact one of our Residential Property experts on 01708 784000.

Parents' Rights and Children's Interests

The government has accepted most of the recommendations of the Family Justice Review which was published in November 2011. However, although the report advised against introducing legislation to ensure that children maintain an ongoing relationship with both parents following separation and divorce, the government has decided to press ahead with this. The proposed legislation could give parents a right to substantially shared or equal time with their children. The proposal has been welcomed by some parents' rights groups such as Families Need Fathers, but a recent review of similar legislation in Austraila found that it resulted in an increased risk to children's safety and more litigation between parents.

For help in connection with matters concerning children please contact our matrimonial and family law solicitor Joanna Toloczko on 01708 784044 or joannatoloczko@mplaw.co.uk.

Workplace Problems

In a week in which Harry Redknapp is acquitted of tax evasion, Fabio Capello terminates his fixed term contract and the owners of Liverpool Football Club have seemingly forced apologies from Kenny Dalglish and Luis Suarez, the press and employment lawyers have been kept busy. If you want advice on discrimination issues in the workplace, terminating contract or employment law generally, please contact Ryan D'Souza on 01708 784090.

Death Potentially caused by Hair Extension Glue

In the Evening Standard on the 2^nd February 2012, it was reported how a fun loving clubber collapsed and died after a suspected allergic reaction to glue in her hair extensions.

The tragic case was before the Southwark Coroners Court who were told how she had suffered an anaphylactic shock, which could have been caused by the latex glue she used to attach her extensions to her natural hair.

Pathologist Dr Michael Heath who conducted the post mortem, said ‘I have seen cases where people use solvents to apply hair pieces which can cause an anaphylactic reaction. There are about 10 to 20 deaths in this country, many more in America. I have seen four in the last three months. Whether latex got into her system through perspiration is a possibility. An analysis was not able to identify the specific cause of the reaction’

If you have suffered injuries as a result of treatment at a hair salon or by a mobile hair dresser or you are a hair dresser that has suffered with damaged to your health as a result of your job then please contact Martyn Trenerry on 01708 784042 or Holly Nichols on 01708 784066 who will be able to advise on your claim

Cosmetic Surgery The Real Risks

A recent article in Reveal magazine continues to highlight the dangers of cosmetic surgery following the PIP implants scandal.

The article addresses the problems faced by those who seek cheap alternatives to costly surgery. The focus is this case was on a lady who had silicone injected into her rear and thighs as she wanted to achieve a curvier figure. She underwent the injection of silicone directly into her skin for a number of years.

It was later revealed that she had in fact been injected with aircraft oil, which is now solidifying and leaking into her bloodstream and muscles. Her legs and bum are now rock hard, misshapen and disproportionate to the rest of her body. She has been prescribed medication to stabilise the mineral levels in her body but she remains at the risk of death.

If you have undergone botched plastic surgery, Botox or any other cosmetic procedure then please contact Martyn Trenerry on 01708 784042 to discuss the possibilities of making a claim.

Louise Cornell joins our Commercial Property Team

Louise Cornell joined our commercial property team on 1st February 2012 having previously trained and worked with a City practice for 6 years before moving to a regional practice to gain some valuable experience working with one of the largest commercial Landlords in Essex. Louise has experience in dealing with all areas of commercial property matters, ranging from landlord and tenant transactions, lease renewals, lease extensions to the sale and purchase of offices, warehouses, shops, pubs and restaurants.

The Good Childhood Report 2012

The Children's Society has recently published The Good Childhood Report 2012 arising from its ongoing research collaboration with the University of York into the issues which affect children's well-being. The research is based on consultation with 30,000 children aged between 8 and 16. The research shows that family is the most important component of well-being for most children. The quality of children's relationships with their families is far more important than the particular structure of the family they live in. Family harmony is very important to children. Children who feel more listened to and involved in making decisions within the family have significantly higher levels of well-being. Stability in the family structure is another key factor for children.

Posted by our family practitioner, Joanna Toloczko 01708 784044 joannatoloczko@mplaw.co.uk

EMPTY PROPERTY? RESTRICT TITLE TO PROTECT AGAINST FRAUD

In a bid to fight fraud, the Land Registry has removed the fee payable to enter a restriction when a property is unoccupied (because the owner is abroad or in long term care).  This restriction means that a Solicitor has to certify the Seller's identity.  If the property is occupied then the fee remains at £50.00.

In 2010, 23 of the 71 fraud and forgery claims the Land Registry paid out on, related to unoccupied property.

If you own a property that you do not live in, and would like to take advantage of this, then please contact our Residential Property team on 01708 784000.

CIVIL LITIGATION REFORMS DEFERRED

The Law Society has welcomed the Government's decision to defer civil litigation reforms until April 2013. We believe the current proposals to change 'no win, no fee' agreements will have a damaging effect on access to justice and serve only to benefit insurance companies.


Law Society Chief Executive Desmond Hudson said:

'The delay will give a welcome breathing space for the Ministry of Justice to now properly consider the damaging effect these changes to 'no win, no fee' agreements will have on access to justice, particularly for middle England and those ineligible for legal aid'

'The changes are complex and have been selected from a recent report from Lord Justice Jackson - despite his warning not to 'cherry pick' from the report'

'As presently conceived, we fear that the changes will advance the interests of insurance companies at the cost of access to justice and fairness. This delay gives time to pause and reconsider.'

For further information, please contact our Civil Litigation team on 01708 784000.

JAPANESE KNOTWEED INVADES!

Japanese Knotweed was originally introduced by the Victorians as a decorative plant.  It has spread throughout the country and can be problematic.  There have been horror stories of houses being 'invaded' by the plant; treatment and remediation works can be expensive.

At the present time, professional advisers involved in a Residential Property transaction where the property is affected, are in an impossible position.  There is no consistent approach to treatment and Lender's requirements are inconsistent.  Some Lenders have adopted the stance that they will not lend on any property where Japanese Knotweed is growing within the boundaries.

RICS (The Royal Institution of Chartered Surveyors) plan to publish a protocol "Japanese Knotweed and Residential Property" in March 2012 following consultation with leading Japanese Knotweed treatment organisations.  This is fully supported by the Lenders.

We hope that this Protocol brings some clarity to what is a confusing area.

Mullis & Peake LLP - Your Residential Property Experts