Uncategorized

LIFE BITE: Police bring civil claims against Robbery victim

/ Karen / Leave a comment

apple-150579_1280A man who had his car stolen after being held at knifepoint in his home has told the BBC that he feels he has been re-victimised by three personal injury claims made by police officers following the incident.

 

During a police chase following the armed burglary, Terence Duffin’s car was written off and he has now received civil claims from three police officers, even though he was not in the car.

The Police Service of Northern Ireland (PSNI) have said that the claims are private matters between the individual officers and the insurance companies involved.

The incident occurred at the end of August 2016 when two armed men forced their way into Mr Duffin’s house in Newcastle, County Down.

“They pushed me into the kitchen and proceeded to pull out carving knives,” he said.  “The house was ransacked, items were stolen and they took my car.”

After reporting the matter to the police, Mr Duffin’s car was traced and followed to Belfast.  He said; “It was on the Dunbar Link that the men rammed the police car and it wasn’t until the Seven Mile Straight in Antrim that they were actually apprehended by police who had set up a road block.”

Mr Duffin said he was left traumatised by the theft but that things were made worse when he was notified of the claims by his insurance company.  He said his no-claims bonus was likely to be affected and he feared his car insurance premiums could increase as a result.   The PSNI have acknowledged this may be the case.

Jennifer Young, a Personal Injury lawyer in the firm of Francis Hanna & Co Solicitors, advises that this type of claim was a police officer’s only option if they were injured when on duty by an uninsured vehicle:-

“Although the victim is entirely innocent and someone else has stolen the vehicle, their insurance may go up as a result of a claim under their policy – that is simply the nature of car insurance,”

Ms Young explained why the injured officers would not be able to claim on the PSNI’s insurance policy:-

“The police officers would have to show that their employers have been at fault in some way or that they’ve caused the accident, or that they failed to put in adequate safeguards in place to protect them when they were on duty,”

“In this situation, the accident was caused as a result of the negligent driving of the uninsured driver who has stolen the vehicle and so in that case a claim against the PSNI wouldn’t be likely to get off the ground as there is no negligence on their part.”

If you would like further information on how personal injury claims work, please contact us here or leave your comments below. 

← Back

Thank you for your response. ✨

Parental Responsibility

/ Karen / Leave a comment

parentBeing a parent brings with it many joys and rewards, though most parents would agree that with these rewards comes a lifetime of responsibility.  

It is the job of both parents of a child to ensure that this responsibility is taken seriously and exercised in the best interests of their children.

What is Parental Responsibility?

Parental Responsibility is a legal term which reflects the rights parents in Northern Ireland have to be involved in making decisions in the best interests of their children.

Parental Responsibility is defined in the Children (Northern Ireland) Order 1995 as “all rights duties powers and responsibilities and authority which by law a parent has in relation to the child and his property”.

In practical terms what does Parental Responsibility mean?

In terms of education, for example, any parent with Parental Responsibility has the right to be involved in choosing their child’s school, to be notified of school events and to be sent copies of the child’s school reports. They may also provide consent with regards to what information is released about their child and having an input in regards to how their child is disciplined.

Parents with Parental Responsibility also have the right to give consent to medical treatment, to determine the child’s religion, to be involved in choosing their child’s name and to agree to any change of name.

In summary, Parental Responsibility provides you, as the child’s parent, with the right to make decisions in the following aspects of your child’s life:

  • providing a home for your child
  • protecting and maintaining your child
  • how your child is disciplined
  • choosing the school in which your child will be educate
  • determining the religious upbringing of your child
  • consenting to medical treatment of your child
  • providing or allowing any confidential information about your child which is requested to be disclosed

Having Parental Responsibility also includes the following: 

  • naming your child and agreeing to any change of your child’s name;
  • applying for a passport for your child;
  • accompanying your child outside of the UK and agreeing to your child’s emigration
  • being responsible for your child’s property, for instance if your child inherits property at an early age;
  • appointing a guardian for your child
Do all mothers have Parental Responsibility?

In Northern Ireland, every mother automatically has Parental Responsibility for their child.

Do all fathers have Parental Responsibility?

Fathers in Northern Ireland are often not aware that they do not necessarily have automatic Parental Responsibility over their child.

A father who is married to the mother at the time of the child’s birth will have automatic Parental Responsibility, as will a father who adopts a child.

How can I acquire Parental Responsibility for my child?

If you are a father who falls outside the above categories, you  can legally acquire Parental Responsibility after the birth of your child in a number of ways, for instance:

  • If your child was born after 1st December 2003, you acquire Parental Responsibility if your name has been put on your child’s birth certificate.
  • If you and the child’s mother enter a Parental Responsibility Agreement
  • If the Court makes a Parental Responsibility Orderin your favour

If the Court makes an order for the child to reside with the father, he will obtain Parental Responsibility by virtue of that order.

A stepfather may also acquire Parental Responsibility by applying to the Court for a Parental Responsibility Order.

What happens to Parental Responsibility if parents separate?

Both parents may continue to exercise Parental Responsibility following separation and are entitled to be involved in decisions about their children’s upbringing.

Sometimes parents with Parental Responsibility can disagree about how these rights are exercised.  If they cannot resolve this disagreement, they may apply to the Court which will decide the issue on the basis of what it considers to be the child’s best interests.

If you would like further information on Parental Responsibility, please feel free to email us here or leave your comments below

← Back

Thank you for your response. ✨

A Guide to Property Certificates

/ Karen / Leave a comment

house for sale.jpgWhether you are in the process of buying a home for the first time or you are seasoned in the art of buying and selling property, you will no doubt have heard your solicitor mention the need to obtain ‘Property Certificates’ at an early stage in the conveyancing process. 

Like much of the legal jargon related to the process of buying and selling property, it is likely that many people have no idea what these certificates are and why they are necessary – some people may believe it is simply a further cost that is added onto their bill and that these certificates serve no real purpose in the process.

The truth of the matter is that obtaining and reviewing Property Certificates is an essential element in any conveyancing transaction.  Here we have set out for you the purpose of these certificates and why they are so important.

So what exactly are Property Certificates?

In any conveyancing transaction, the seller’s solicitors have to provide property certificates to the buyer’s solicitor. These certificates provide up to date information about the property.

There are two main property certificates:-

  • Regional Property Certificates
  • Council Property Certificates
What is a Regional Property Certificate?

A Regional Property Certificate contains information obtained from the Department of the Environment.  This certificate will confirm the following:-

  • That the road used to access your property is maintained by Transport NI and is not private.
  • That the sewers are either maintained by NI Water or the property is served by a septic tank and that the necessary statutory consent for this is in place.

This certificate will also show the planning history of your property.  Your solicitor will review this certificate along with the title deeds and your survey to make sure that any alterations there have been to the property over the years have the necessary consents in place.

What is a Council Property Certificate?

A Council Property Certificate contains information provided from the Council in which your property is built.   This certificate shows the Building Control history of your property.  This is important as it is the function of Building Control to make sure that any works carried out to your property are up to a required minimum standard.

The Council Property Certificate will also show the correct postal address of the property and confirm if the property is in a smoke control zone which can impact on the type of solid fuel you can use.

Why are Property Certificates important when buying or selling my house?

The information contained within Property Certificates is important when you are buying a property so that you are fully aware of what you are purchasing and the responsibilities and costs which go along with it.  Without these documents being obtained and properly reviewed, you may find yourself liable for the insurance and resurfacing of a private roadway, or the upkeep of a private septic tank or sewage treatment plant.   The buyer of a property that you are selling will also require these documents before they can complete on the transaction and without these being in order you may have difficulties selling your home.

RFlinnRuth Flinn is a Solicitor in the Property Law Department of Francis Hanna & Co Solicitors. She is experienced in all areas of residential conveyancing. If you require any further information  on conveyancing matters, please contact us below or contact Ruth on rflinn@fhanna.co.uk

← Back

Thank you for your response. ✨

LIFE BITE : APIL encourage motorists to ‘back off’ this winter

/ Karen / Leave a comment

apple-150579_1280Needless injuries and deaths on NI roads could be reduced this winter if motorists keep their bad habits in check, say campaigners.

The national average number of people killed or injured in snowy, icy and wet weather in Britain is 81 for every 100,000 people according to new figures obtained by the Association of Personal Injury Lawyers (APIL).

“Some injuries could have been easily avoided had it not been for bad habits such as driving too close to the car in front,” said APIL president Neil Sugarman.

“According to the Highway Code the average stopping distance, when driving at 30mph on dry roads, is six car lengths. In wet weather this doubles and when it is icy it is ten times longer. Taking care to avoid bad habits like ‘tailgating’ could make a big difference in preventing injuries, and even deaths, on our roads this winter”.

In a recent online poll of motorists, APIL found that two-thirds (67%) do not know how much to space to leave between the car in front when travelling in ice and snow.

This year, the message from APIL is a revival of the anti-tailgating “Back Off” campaign, encouraging a reduction in needless injuries by stopping collisions from happening in the first place

APIL will be sharing safe driving tips and information on their ‘Back Off’ Facebook page and tweeting on the @APIL account all week.  You can find the ‘Back Off Facebook page  here

APIL is a non-profit campaign organisation which has been fighting for the rights of injured people for over 25 years. For more information on the organisation, click here
If you have been involved in a road traffic accident and would like more information on your rights, please feel free to contact us below or email us 

LIFE BITE: Cohabiting partners in NI are not entitled to spousal bereavement benefits

/ Karen / Leave a comment

apple-150579_1280The NI Court of Appeal has overturned a ruling made by the High Court that the Department for Social Development (DSD) had acted unlawfully when it refused to pay bereavement benefits to a mother on the ground that she was not married to her partner at the date of his death.  

Siobhan McLaughlin lived with her partner John Adams for over 23 years until his death on 28th January 2014. Ms McLaughlin and Mr Adams were unmarried and had four children together who were aged 19, 17, 13 and 11 years at the date of his death.

Upon her partner’s death, Ms McLaughlin claimed Bereavement Payment and Widowed Parent’s Allowance, but was refused both benefits by the DSD because she was neither married to nor a civil partner of Mr Adams at the date of his death.

Ms McLaughlin issued Judicial Review proceedings on the grounds that the DSD unlawfully discriminated against her on the basis of marital status and this was contrary to the Human Rights Act 1998. She also claimed that the DSD decision had failed to have regard for her private or family life.

The High Court in its judgment ruled that the refusal to pay Ms McLaughlin Widowed Parent’s Allowance was a violation of the European Convention of Human Rights as the decision discriminated against her on the grounds of marital status. The Judge ruled that refusal of the Widowed Parent’s Allowance was not justified because the responsibilities for the children are the same irrespective of marriage, civil partnership or cohabitation.

The DSD appealed this decision to the NI Court of Appeal.  The Court of Appeal then considered extensive domestic and European case-law and decided that the State had “adopted a position on marital status and bereavement benefits that the courts have endorsed and Parliament has reaffirmed” and it was “not for the courts to determine the policy in this area”.

The Court of Appeal was satisfied that the relationship of an unmarried cohabitee was not equivalent with that of a spouse or civil partner in the context of a Widowed Parent’s Allowance and that there was no violation of Human Rights.   Accordingly, the Court of Appeal allowed the DSD’s appeal, and Ms McLaughlin’s application for Judicial Review was dismissed.

The case is currently being appealed to the Supreme Court by Ms McLaughlin with a hearing date scheduled for April 2018.

For more information on some of the legal differences between being married/in a civil partnership and cohabiting, check out our article ‘Cohabiting With Your Partner’
Feel free to contact us by email if you have any questions regarding cohabitation rights.