Frequently Asked Questions
These are frequently asked questions.
Personal Injury
- Can my case be funded by a "no win, no fee arrangement"?
Yes, in the majority of personal injury cases it will be possible to offer a “no win, no fee arrangement” - also known as a Conditional Fee Agreement. Your first interview will be free and if we are happy that there are reasonable prospects of success we should be able to offer a Conditional Fee Agreement. - Would a Claims Management Company offer me a better service?
Approaching a Claims Management Company as advertised on the television and on the internet is of course an option. The Claims Management Company will put you in touch with one of their panel solicitors, but you should bear in mind that it is highly unlikely that this solicitor will be local to you and could be based in Manchester or Birmingham for example, preventing you from having face to face meetings with your Solicitor and building up a good relationship of trust with them. Having a local solicitor who you can meet and get to know personally can be of huge benefit and can often help you feel more confident that your claim is being dealt with appropriately and efficiently. - How long will my claim take?
It is difficult to say with any certainty as much will depend upon the seriousness of the injuries sustained; whether any medical treatment is necessary to aid recovery; and, of course, whether or not the Defendant disputes the claim. Where the injury is minor and the claim admitted, the average would be between 3 and 9 months. During the claim process we will, of course, keep you fully up to date with progress and explain any unforeseen delays that may arise. For those unfortunate Claimants who suffer very serious injuries, the claim will take much longer. - How much compensation will I get?
Compensation for personal injury is split into two parts. Firstly, there is the compensation for the injury, pain and suffering. This element of the compensation cannot be value until such time as a medical report has been obtained upon the injury sustained and the medical examiner is able to provide a say how long it will take for the injury to resolve. In addition, a Claimant is entitled to recover any financial expenses they have incurred as a direct result of the accident - assuming that these expenses are both proven and are reasonable. These will, more often than not, include: loss of earnings; medication or treatment costs; associated travel expenses, etc. You would be advised of this during the progress of your claim and we would make best endeavours to recover as much for you as possible. - Will there by any money deducted from my compensation?
No, you will receive 100% of your compensation, and in addition, the Defendant will pay your reasonable legal costs. - Will I have to attend court?
This is always a possibility, but in the vast majority of cases an amicable settlement is reached with the Defendant out of court. The need for court proceedings is always treated as a last resort, but should court proceedings become necessary, you would be fully advised at the time. - How long do I have to make a claim?
The Limitation Act 1980 provides that a Claimant has 3 years in which to commence court proceedings for a personal injury claim. This means that at any time prior to the third anniversary of the accident you can present a claim. After the third anniversary, you will most probably be statute time barred and unable to do so.
Should you have any other queries or wish to discuss a possible personal injury claim, please email Mrs R Hamilton, a Solicitor in the Department at rhamilton@kennethbush.com.
Residential Conveyancing
- How much will it cost?
Our conveyancing department will be happy to give a personal quote for your particular transaction.
You can find cheaper quotes on the internet and elsewhere.
But… these are not always what they seem. You need to ask:
Who will be dealing with my matter? Will they be properly qualified? How much experience do they have? Will they be able to cope with problems or difficulties if they arise? Is the promise of “no hidden charges” genuine – or are overhead costs like “photocopying, faxing and telephone” being added on as “expenses” to keep the fee down? If I want or need to meet my solicitor do I really fancy a trip to Northampton/Manchester/Birmingham….?
With conveyancing as with everything else in life, you get what you pay for. - How long will it take?
This will depend on whether you are just buying a house, just selling a house, or doing both simultaneously. It will also depend on whether or not you are in a chain of transactions, and if so how long the chain is. You will appreciate that trying to co-ordinate a chain of people all wanting to move on a particular day, and finding a day suitable to all is a far from easy task. In general however we would strive to complete your transaction within weeks.
Family
- How long will it take to get my divorce through?
On average this will take six months. It may be quicker, particularly if there are no children involved. More complex cases may take longer. We have found that six months is the average. - Will my ex-partner be able to see the children, even if I don’t want him/her to?
Generally the answer is yes they will. The court will only deny contact between a child and its parent in the most extreme cases, such as ones involving violence or sexual abuse. - After my divorce, will I be able to take children abroad on holiday?
Providing your ex-partner consents you will be able to do so. In the absence of consent, it is necessary to obtain permission from the court. Don’t forget Scotland and Ireland are abroad! - What facts do I have to prove to be able to get divorced?
There are 5 facts which may be relevant to your own situation. These are:-- Two years separation. This is where you have lived apart for 2 years and the separation was in recognition that your marriage was over. Both parties must consent if this fact is to be relied on.
- Five years separation. Same criteria as above, but the divorce can proceed even if the other party does not consent.
- Adultery. If you are able to prove that your husband or wife has had sexual intercourse with someone else, or if they admit to it. It is no longer necessary to name the other person.
- Two years desertion. This is the most uncommon fact upon which a court will proceed, as it is very difficult for the law to define precisely what is meant by desertion. One case in which we were involved, concerned our client, the wife, who came home from work, found a note from her husband saying he had left. She has heard nothing further from him, and that was about ten years ago!
- Unreasonable behaviour which is sufficient for the Petitioner to no longer continue to live with the Respondent.
Civil Litigation
- Can I take court action against someone myself?
Yes you can sue someone yourself without using lawyers at all. Most normal court forms are available from your local county court office free of charge, as are a range of helpful leaflets, and further guidance can be found on the court service website. Court proceedings can however be complex, and many of our clients, particularly if the claim is of a small money value, conduct the claim themselves, but refer back to us when they have any queries, which gives our clients the comfort of professional advice, but keeps the costs they incur to a minimum. - When a client consults you about a dispute, do you always start court action straight away.
No we do not move straight into court proceedings. These can be costly and obviously carry a degree of risk. We will aways advice our clients to try and negotiate an acceptable solution to any dispute, before issuing court proceedings. Court action should really be regarded as an option of last resort when all other efforts to resolve the dispute have failed.
Probate
- My friend wants to make me Executor of his Will but he also wants me to benefit from the Will. Is this Possible?
You can be both the Executor and the beneficiary of a Will. But, if you are a beneficiary of the Will you cannot also be a witness to the signature of the person making the Will, otherwise you will lose the benefit intended for you. - My parents are getting elderly and a little confused. I can see their situation getting worse as the time goes by. Is there anything I can do about it?
Your parents can make a Property and Affairs Lasting Power of Attorney which allows them to plan ahead by choosing one or more people to make decisions on their behalf regarding property and financial affairs.
However, this would not allow the person your parents choose to make decisions about their personal welfare. If they want someone to be able to make personal welfare decisions on their behalf they would need to make a separate Personal Welfare Lasting Power of Attorney. - Do I really need Probate when a member of the family dies?
If there is any land or property in the estate then the answer is yes you do. If the total value of the net estate is more than £5,000.00, you will need Probate, although some banks etc. may be prepared to close the account of a deceased customer even if the balance is a little more than £5,000.00. You will need to check with the bank etc in each case. You will need a Grant of Probate if the deceased person has left a Will, if they have left no Will then you will need a Grant of Letters of Administration.