If you've suffered an accident or a personal injury that wasn't your fault, you could be entitled to make a compensation claim. Farnworth Rose can help you pursue a compensation claim. At Farnworth Rose it is our intention to make the process of making a claim as simple and easy as possible.
Our personal injury lawyers take accident and personal injury cases on a no-win, no-fee basis which ensures you receive 100% of the compensation that you are awarded. Our service is completely free to you.
Our areas of personal injury expertise include:
- Car accidents
- Motorcycle claims
- Bicycle accidents
- Claims against uninsured drivers
- Trips and slips including
- On the pavement
- In a shop or supermarket
- In a public place
- Accidents on land owned by others
- Accidents at work and in factories
- Travel law and foreign claims including
- Airline and aviation accidents
- Cruise line cases
- Group actions from illness abroad
- Holiday accidents
- Hotel food poisoning
- Road traffic accidents abroad
Confusion and ignorance surrounding commercial leases is leading to financial ruin for many tenants and landlords in the current economic downturn.
As small businesses struggle to survive, tenants are discovering that they have signed a long lease without a break clause, which could have enabled them to end the term early. Landlords, on the other hand, are failing to maximise the full value of their investment by not having a suitably drafted lease prepared.
Although the commercial property market is generally considered to be proving more stable than the residential market as the credit crunch continues, those who failed to seek legal advice before signing a lease are coming unstuck as the repercussions of the financial climate hit more and more businesses.
Richard Farnworth, of Farnworth Rose Solicitors, one of the few solicitors in the Lancashire area, outside of the cities, specialising in commercial property law, says a general lack of knowledge and an unwillingness to pay for legal fees is partly to blame for the problem.
He said: “Legal fees put people off seeking advice, but it’s a false economy in the long run if things go wrong.”
“At the moment, many small businesses are struggling to survive and people are finding themselves unable to continue trading, yet tied into a long lease – people often don’t realise the implications of taking out a lease, and fail to give themselves the opportunity to break out of it early. What is potentially even worse is a landlord allowing a tenant into occupation without a written lease, or with an inappropriate lease drafted by him.”
Richard, who has 25 years’ experience in commercial law, is able to offer competitive rates to clients due to his firm’s Lancashire location, away from the “city prices” which cause many people to avoid seeking help.
He added: “It’s frightening how many people simply don’t understand the importance of signing a lease, both from the perspective of a landlord and a tenant.”
Tips for landlords:
- Avoid squabbles – a properly drafted lease can resolve disagreements between landlords and tenants – if you took legal advice before signing, the chances are your dispute can be settled by referring to the lease
- Protect your future plans – tenants are automatically entitled to a new lease when the current one expires unless its terms stipulate otherwise. If you’ve got other plans for your property, make sure your lease has a contracting out clause to enable you to fulfil them
- Prevent a decrease in rent – it may seem wise to demand a rent review every five years during the term of the lease to reflect market. What if a slump in the commercial property market means you face tenants insisting on a rent cut? Ensuring that your lease rent reviews are upwards-only is the wise choice for landlords in today’s financial climate
- Seek advice – always take good legal advice before granting a lease.
Tips for tenants:
- Do your research – check you are permitted to use the building for your desired purpose before signing a lease, and if not seek relevant planning permission first
- Give yourself a break – if you’re starting a new business, insist on a break clause to allow you to end the contract if your business doesn’t take off after a certain period, so you’re not left with a long lease and no income
- Establish clear responsibilities – shorter leases should ensure landlords are responsible for the majority of the repair work, while a longer lease usually leaves tenants responsible for the upkeep – so if you’re only signing a three or five year lease, make sure you’re not left with too many responsibilities
- Read the small print – some leases contain unrealistic repair clauses, stipulating tenants must return the building in pristine condition no matter what state it was in when the lease was signed – see if your solicitor can water down repair clauses to reflect the condition of the building
- Seek advice – always take good legal advice before entering into a lease.
The annual holiday may be over for most but holidaymakers need to be more aware of their rights if they fell ill or had an accident while on holiday.
Lancashire based Farnworth Rose Solicitors, is appealing for more consumer awareness of the right to make a claim if holidays are ruined by illness or injury.
We want to educate people to ensure they get the compensation they deserve, rather than small sums or vouchers offered by many tour operators when complaints are filed.
People put so much time, money and effort into planning their holiday, so if it is spoiled by sickness or an injury, it can be devastating. Sadly, there are more and more cases like these, and the number of holiday resorts hitting the headlines for their substandard levels of hygiene, which can cause food poisoning and other gastric illnesses, is rising.
So many people are unaware of the laws around claiming – like, for example, the fact that adults can often make a claim up to three years after the incident. Or, they underestimate what they can realistically claim, leading to them accepting settlements of a few hundred pounds from tour operators, when they could have been awarded much more for what they’ve been through if they’d sought professional legal advice – a lot of people don’t realise that they stand a far better chance of being rewarded full compensation if they go directly to a solicitor.
Farnworth Rose advises anyone who finds themselves in this situation to seek advice from a firm specialising in travel law claims. As we’re a relatively small firm, we offer a personal level of client care and we try to resolve cases as swiftly as possible – it can often take years with larger firms. We’re determined to make sure our clients feel they’ve been sufficiently compensated for the upset caused.
Don’t fall into the Inheritance Tax Trap.An increase in property prices over the last few years could mean that you have more wealth than you ever realised. Although this may sound like good news this could also mean that you could fall into the Inheritance Tax Trap.
Despite this rise in house values the Inheritance Tax threshold is only £300,000 per person. This is known as the Nil Rate Band.
It is important that everyone should make a will, but few people are aware that in the case of a married couple, if they have joint assets in excess of £300,000 and each make a will leaving their estate to their surviving spouse, although there will not be any tax payable on the first death, when the surviving spouse dies tax will be payable at the rate of 40% on the combined estate exceeding £300,000.
It is possible to avoid the above scenario by having a properly structured will drawn up. This ensures that you both use the whole of your Inheritance Tax allowances.
This is known as a Discretionary Trust and this is created in each will and can save your family around £120,00 in tax payments.
To make sure that you don’t fall into the Inheritance Trap contact Janet or Richard on 01282 695400
Power of Attorney rules RevampWith effect from October this year the Enduring Power of Attorney will no longer be available.
Existing arrangements will be allowed to continue, but from October anyone wanting to put control of their money and property into the hands of a trusted family member of friend will have to follow a new procedure.
Powers of Attorney are a vital part of financial planning. The point of them is to choose someone whilst you are well to look after your affairs in case you become unfit to look after them yourself. It is therefore important to do something quickly because after October it will become more complex.
It is possible to draw up a standard Power of Attorney, but this only has a limited life and will run out if you become ill and incapable of managing your own affairs. The Enduring Power of Attorney avoids this and it continues to have effect even if you are unable to manage your affairs.
The person who gives the power is known as the ‘donor’ and the person appointed is known as the ‘attorney’ it is the attorney who takes over the management of the donors affairs when they become incapable of doing this themselves and the attorney has to apply to the Court of Protection to have the EPA registered.
The EPA is to be replaced with a new Lasting Power of Attorney, which will come in two forms. The first is a new form, which covers health and welfare, the second deals with property and money.
The Lasting Power of Attorney will then need to be registered with the Office of the Public Guardian and a fee will be payable.
There will also be an added level of security with the Lasting Power of Attorney. The LPA cannot operate until it is registered, and it cannot be registered without a signed certificate from a reputable person confirming that the donor is of sound mind.
If you require any further advise on EPA’s or LPA’s then please contact Janet Lalor on 01282 695400.
