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Claiming Compensation for Your Child

/ Karen

child-compensation

While none of us like to think about any harm coming to our little ones, accidents do happen and our children may be injured as a result.  Such injuries may cause pain, distress, absence from school and even an inability to carry out hobbies and past-times.

If your child is unfortunate enough to be involved in an accident through no fault of their own, it is important to know that it may be possible to claim compensation on their behalf.

Here are some commonly asked questions about the process involved:-

When can a claim be made on behalf of my child?

In personal injury cases, the person bringing a claim is known as a Plaintiff.  For a case to be successful,  it must be shown that your child’s accident was caused due to the fault of another person who is known as the Defendant.  

Can my child claim in their own right?

No  –  a child is not entitled to bring proceedings in their own right and therefore any compensation claim will be brought on their behalf by a responsible adult who is known as a Next Friend.   Usually, a Next Friend is the child’s mother or father or someone with parental responsibility.

Are there time limits in making a claim on behalf of my injured child?

Normally, personal injury claims must be made within 3 years of the accident occurring.  However, where the injury is suffered by a child,  this period is extended to 3 years after the child has turned 18.  This means that if your child was 10 years old when they were injured in an accident, they have until their 21st birthday to make a claim for compensation.

How much compensation will my child be entitled to?

If the Defendant is found to be at fault, medical evidence will be needed to  confirm the extent of your child’s injuries in order to decide how much compensation should be paid.  This medical evidence will usually include your child’s GP notes and records, hospital notes and records and a report from a medical expert.

From this medical evidence, your solicitor will be able to ascertain the value of your child’s claim.  The amount of compensation is calculated in two parts:-

  • General damages – this is compensation for any physical and/or psychological injury caused to your child as a result of their accident.
  • Special damages – this is compensation for any other loss such as damage to property (for example, glasses, clothing, bicycle etc) or out of pocket expenses.
What happens when an offer of settlement is made?

If an offer of settlement is made in your child’s case, as his or her Next Friend you will have to decide, with the advice of the solicitor, whether to accept the offer or not.

Unlike cases involving adults, in a child’s case if you decide to accept the settlement offer, this then has to be approved by a Judge.  You and your child will both be required to attend Court with your solicitor for this approval and answer any straightforward questions the Judge may ask about the case and your child’s injury.

If the Judge is satisfied that the settlement reflects a good outcome for your child they will approve the settlement figure.  If the Judge is not satisfied that the damages agreed are sufficient, they will not approve the settlement figure and instead will direct that the matter is negotiated further between the parties.

What if settlement cannot be agreed?

If settlement cannot be agreed, then Court proceedings will have to be issued.   Settlement of the case may still be discussed once Court proceedings have been issued but if settlement cannot be reached, ultimately there will be a Court hearing where the Judge will decide the case.

As the Next friend, you may be required to give evidence at the hearing about the facts of the accident, the injuries sustained, and the effect that these have had on your child.

What happens to any compensation money received?

Any compensation monies paid will be placed into a special Court bank account and will be held there on trust for your child until they reach 18 years of age.  This means that your child will not have access to their compensation until then.  Any monies held by the Court will gather interest which will also be paid to your child when they turn 18.

How will I pay my child’s legal costs?

Currently in Northern Ireland, children under the age of 18 years are automatically entitled to Legal Aid assistance in relation to civil claims involving injury, regardless of their parent’s income.

So, if your child has been injured as a result of a car accident, a dog bite, a slip, trip or fall, or a failure to be treated properly in hospital or any other situation where you feel a third party was at fault, there is nothing to lose in seeking legal assistance in order to ascertain whether your child would be entitled to compensation for any pain or suffering they may have suffered as a result of an accident.

If you require any further advice in relation to making a claim on behalf of a child, please contact us here or by emailing us on info@fhanna.co.uk

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A Simple Guide to Divorce Procedure in NI

/ Karen / Leave a comment
weddingrings

Ending a marriage can be one of the most difficult and stressful times in a person’s life.

Making the decision to end your marriage brings with it many worries and fears about how life will change upon divorce. The last thing that any person going through a divorce wants to worry about is having to navigate a long, complicated legal process to reach the end result.
It will be a relief to many that the legal procedure for divorce here in Northern Ireland is fairly straightforward. We have put together below some information for you to explain how this process works.

What is the procedure for divorce?

The first step in getting divorce is to issue what is known as a Divorce Petition. This is simply a document which sets out details needed by the Judge to consider your divorce. Importantly, the Petition will detail the grounds on which you are applying for a divorce. If you are the person who has filed for divorce, you will be referred to as the ‘Petitioner’ in these proceedings and your spouse will be referred to as ‘the Respondent’.

The Divorce Petition, once finalised, is then stamped by the Court and served on your spouse who is asked to complete an Acknowledgement of Service Form and lodge this with the Court. This form will confirm that your spouse has received the divorce papers and will detail whether they intend to defend your Petition for divorce.

If your spouse is not challenging the divorce, the case will then be listed for a Decree Nisi hearing.

What is a Decree Nisi hearing?

This is the initial hearing where the Judge will have to determine whether your marriage has irretrievably broken down.   You must attend at Court and give evidence at this hearing.   If the Judge is satisfied that the grounds for divorce have been met, a Decree Nisi is granted – this is an Order stating that are entitled to obtain a Divorce.

Am I divorced after I get my Decree Nisi??

No. The Decree Nisi is simply the first stage of the divorce. In order to be fully legally divorced, you must obtain a Decree Absolute.  You may apply for a Decree Absolute six weeks and one day after the Decree Nisi hearing. Your Solicitor makes the application for a Decree Absolute after this time has passed and you are not required to attend at Court.

What about the family finances and property?

Often, if the division of the family finances and property has not been agreed between you and your spouse, Court Proceedings would then be issued to decide how to divide the finances. These proceedings are called Ancillary Relief proceedings.  In cases where the family finances and property have not been finalised, the Petitioner is generally advised not to apply for the Decree Absolute until after the finances are resolved.  This is because both parties could lose certain rights such as widow pension benefits.

How much will a Divorce cost?

There will be Court fees payable for issuing divorce proceedings.  these include a fee for the issuing of the divorce petition, setting the case down for Hearing and then obtaining a copy of the Decree Absolute.  these fees increase every tax year though are currently around £600-£700.00.   There will be solicitor’s professional costs on top of this.  Most solicitors will give a quote for a divorce in advance of lodging anything with the Court.   Legal Aid may be available depending on your financial circumstances.

If Ancillary Relief proceedings are issued to resolve the financial matters after Decree Nisi, legal costs are likely to be calculated on a time-spent basis.  It is important that you speak with your solicitor about costs before issuing proceedings.

What about the future?

If you had made a Will before getting divorced, it is important to review this after your divorce. Once a divorce has been granted, any part of a Will leaving property to your former spouse will be invalid.

Although a divorce ends your marriage, often you and your former spouse will have to continue to share a relationship with one another for the sake of your children. It is therefore in everyone’s interests to try to ensure that the divorce, if at all possible, is dealt as amicably as possible so that despite your differences at the end of their marriage, you can both move on to the next stage of your lives.

If you would like more information on the legal process of divorce or if you have a query regarding your own divorce, please do not hesitate to contact claire or karen by email or leave your comments confidentially below.

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*October 2015

 

 

Buying a new home? What exactly does your solicitor do?

/ Karen
buying-a-house

So, you’ve spent the past few months with your nose deeply buried in property brochures. Your Google search list consists solely of property websites and viewing houses has almost become a hobby.  You’re even sick of the sight of Kirsty and Phil on ‘Location Location Location’

But, at long last, it has happened –you’ve finally found your ideal home!

That’s the hard part right?  Once the mortgage is through, surely all you need to do is arrange a date to pick up the keys and then you can get down to the important stuff, like where to put the sofa and what colour to paint the living room??

Unfortunately not…before keys can be placed in your hand and all your furniture packed up, the legal process of buying a house needs to be completed.  

It’s not a matter of just signing on the dotted line either – the entire legal process normally takes between 6-8 weeks before you can get moving.

What exactly does my solicitor do?

You may wonder what it is exactly that a solicitor does when dealing with buying a house for you.

Your solicitor’s main job is to protect your interests and make sure that all of the title deeds under which you will own the property are in order.

To do this, they have to check the following:-

  • They check all of the title deeds (which may consist of hundreds of pages!) to make sure there is nothing contained in them that may restrict your use of the property.
  • They check the maps of the property and make sure the boundary to the property is correct – after all, there’s no point in buying a house and realising when you go to sell it that you didn’t actually own part of your back garden!
  • They review any survey reports you or your mortgage company have to get to check if work has been done to the property which may to be queried with the seller.
  • They ensure that you are connected to a mains sewer, or that the necessary consents are in place for a septic tank, and that you have access to a public road.
  • They check through paperwork (such as searches and certificates) to make sure that any necessary planning permissions and building control documents are in place.
  • They liaise with you and your mortgage company throughout this process and highlight to you any issues which you should be aware of before you actually buy the house.
  • If there are any service charges or if ground rent is payable, they ensure that these are all paid up to date by the seller so that no unwanted bills arrive at your door once you’ve moved.

All checks and searches have been done – what now??

Once your solicitor is satisfied that everything is in order and any problems have been resolved, they will report to you on the property, and ask you to meet them so that you can sign the contract.

Your solicitor will also contact your mortgage company and ask them to forward mortgage monies through to them directly before you buy.

When can I move in?

Once the contracts are signed, a date is arranged between you and the seller for when money (and more importantly, keys!) will change hands.

On this date, once the financial transaction has gone through via your solicitor, you will officially be able to move into your new home!

Whilst you’re busy picking out wallpaper and getting the TV installed, your solicitor’s job is not finished yet! After completion,  they will deal with the registration of the property into your name.

To be done thoroughly and correctly this entire process will take time. A little time invested now should ensure that when it is your time to sell the property, everything proceeds smoothly.

When you are told the matter is ‘with your solicitor’, rest assured that your purchase is being well looked after and your solicitor will be in touch to allow you to get your keys as soon as possible.
If you would like any further information on the legal process of buying or selling your house, or any other aspect of Property Law in NI, feel free to contact us here 

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Enduring Powers of Attorney – All Your Questions Answered

/ Karen

 

elderclientNone of us like to think of the possibility as we grow older of getting too ill, either mentally or physically, to manage our property and finances ourselves.

We can all easily assume that, somehow, we will be able to manage our affairs throughout our lives – that we will always, for example, be physically capable of getting to the bank or post office to withdraw money or pay bills, or that we will always be mentally capable of understanding and signing documents connected to our property.
Whilst many of us will throughout life be able to look after our affairs as independently as ever, the sad truth of the matter is that for others, the ability to be physically or mentally capable of managing property or finances can be unexpectedly lost through accident, injury or the onset of illness such as dementia.

It is therefore reassuring to know that there are things that you can do to help you plan for the future should the worst happen.  You can plan for these possibilities by taking sensible precautions whilst you are mentally and physically capable of doing so.  How?  By executing a document known as an Enduring Power of Attorney (EPA)

So, what exactly is an Enduring Power of Attorney?

An Enduring Power of Attorney is a Deed by which you can give authority to another person (your “Attorney”) to act on your behalf in relation to all or specified property and financial matters.

An EPA is not a Will.  A Will is only relevant after your death.  An Enduring Power of Attorney deals with the management of your property and finances when you are alive, but unwell.

Do I lose control when I sign an EPA?

By executing an EPA, you are potentially sharing control of your property and finances with your Attorney.

You can however state that the EPA is not to come into operation unless you become mentally incapable.   Some people prefer to keep the EPA restricted in this way.  Other people choose not to, as they wish their EPA to be effective if they remain mentally capable but become physically incapacitated and unable to manage their banking etc.  This is an important choice which should be carefully considered before executing an EPA.

Who should I appoint as my Attorney?

You can technically appoint anyone to be your Attorney however it is important that you ensure that you appoint someone that you trust completely, whether a family member, friend or professional advisor.   An EPA gives your Attorney complete control of your property and finances (unless restricted) and so you must be confident that your Attorney will have your best interests at heart.

It is also important that you discuss your intentions with any Attorney you intend to appoint as an Attorney must accept such an appointment, and sign the EPA form after you.

Can I have I have more than one Attorney?

Yes, indeed it is often practical to have more than one Attorney. If you choose to appoint more than one Attorney, you must decide whether they can act independently of each other or whether they must always act together.  This choice is not entirely straightforward you may need legal advice to guide you in this regard.

What Powers would my Attorney(s) have?

Subject to the terms of the particular EPA, an Attorney has wide authority to stand in the Donor’s shoes and make all decisions about your property, income and finances, which you could have made, with a few exceptions.

An Attorney cannot do the following:-

  • Make a Will for you
  • Sign an affidavit
  • Perform any act which you were authorized to do because of personal appointment, personal skill or a statutory direction.
  • Make medical or personal welfare decisions for you.
I don’t have assets or property of my own – is there any point in signing an EPA?

Regardless of whether you own property or have assets, someone will need to manage your pension or benefits if you cannot do so yourself. This will be made much easier with an EPA in place.

All of my assets are jointly owned with my spouse/partner – would I still need an EPA?

If it became necessary for your jointly owned house to be sold and you were not mentally capable of signing the deeds yourself, only a person with authority (such as an Attorney) can sign on your behalf.  One joint owner cannot sign deeds for all co-owners.

Often, joint bank accounts are frozen if a bank becomes concerned that one party is no longer capable and there is no EPA is in place. This can cause cash flow problems for all of the account holders. This can be avoided with an EPA.

What responsibilities would my Attorney have?

At all times, your Attorney must act in your best interests. Your Attorney must apply to register the EPA with the High Court if you have become or you are becoming mentally incapable of managing your financial affairs.  During the registration process, the authority given to your Attorney is effectively “on hold” until the process has been completed and the original Deed is issued bearing the court registration stamp.

Your Attorney is obliged to give you formal notice if steps are being taken to register your EPA.  As an added protection, your Attorney is also obliged to give notice to a number of your next of kin.  You, or family members notified can lodge an objection with the High Court, if you or they consider the registration of the EPA to be inappropriate.

Can I change my mind and revoke an EPA?

Yes, you can revoke an EPA while you remain mentally capable, and your EPA has not been used.  You should give notice of revocation to your Attorney.  However, once an EPA has been registered, it can only be revoked by the High Court.

If I recover my capacity, who is in charge of my affairs then?

There is a procedure to de-register an EPA which would allow you to resume control of your affairs yourself.  It would be important to seek legal advice to guide you on this process.

Is it expensive to make an EPA?

No. Legal costs are modest as the paperwork is not complicated once the important decisions have been made with professional help.  In fact, it would be much more expensive NOT to have an EPA should you have the misfortune to lose your capacity.

LJohnstonThis article was provided by LINDA JOHNSTON, Partner at FRANCIS HANNA & CO SOLICITORS.  Linda has a significant experience in the areas of FUTURE PLANNING.  For further information on this area of law, feel free to CONTACT US HERE AT LIFE LAW NI or contact Linda at lj@fhanna.co.uk  

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Parental Responsibility

/ Karen

parentalresponsibility1

Being 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

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