Bartletts Blog

The government has published figures estimating the number of personal injury road traffic collisions involving e-scooters, in Great Britain, in 2021. The figures are provisional and based on data supplied by police forces up to the start of May 2022. 

Most notably, the number of collisions involving e-scooters increased to 1,280 in 2021, up from 460 in the previous year. There were 1,359 casualties resulting from collisions involving e-scooters, compared to 484 in 2020. Roughly three quarters of these casualties (1,034) were e-scooter users, with the remainder being other road users. Nine people were killed in collisions involving e-scooters in 2021, all of whom were e-scooter riders, compared to one e-scooter rider killed during the previous year.

The number of serious injuries also climbed dramatically, with the figures showing that 390 people were seriously injured, and 960 slightly injured, in collisions involving e-scooters in 2021, compared to 129 and 354 respectively in 2020. E-scooter riders are also involved in an increasing number of ‘single vehicle collisions’ (accidents in which no other vehicles are involved), with 309 e-scooter riders experiencing this type of accident last year, up from 83 in 2020.

What the figures indisputably show is that the number of e-scooter accidents, and the injuries and deaths resulting from them, is rising rapidly, and there is no obvious reason why the e-scooter collision and casualty statistics will not continue on this sharp upwards trajectory. You can find our more about e-scooter collisions and who is legally responsible for an e-scooter accident on our dedicated page:

https://www.bartlettslaw.co.uk/road-accident-claims/who-is-reponsible-for-an-escooter-accident.html

Private landlords face new responsibilities toward their tenants, including being forced to refund rent if the property is not maintained in an acceptably liveable condition. Almost a million privately rented properties do not meet the government’s minimum standards for human habitation, with the main problems being damp and cold.

As announced in the Queen’s Speech, the Renters’ Reform Bill will extend social housing standards to private rentals, and a Private Renters’ Ombudsman will be appointed to adjudicate disputes between landlords and tenants over the acceptable standard of a rented property. Charities have welcomed the government’s move, with the chief executive of housing charity Shelter stating, ‘The Renters’ Reform Bill is a game-changer. The Bill cannot come soon enough.’

While this appears to be welcome news for tenants, many landlords are incensed by the latest regulatory burdens they face. The fear is that with tenants gaining new legal rights, landlords will rather sell their properties than rent them, leading to a shortfall of rental property and increased rents. Tenants themselves may reduce a property to an ‘uninhabitable’ state, refuse to pay rent, and receive legal aid to fight a claim against their landlord who, in most circumstances, would have to fund their defence privately.

There is no doubt that millions of tenants live in dilapidated properties across the UK, and that landlords are often reluctant to address maintenance issues promptly or at all. It should therefore be welcomed that tenants have enhanced rights to take action against so-called ‘slum’ landlords, an issue that has plagued the UK since Victorian times and before. However, tenants also have a responsibility not to take advantage of their new legal rights to drive landlords into selling their properties, thereby creating a lose-lose situation for both parties.

We represent tenants who have been injured or made ill at home due to poor living conditions. Find out more: https://www.bartlettslaw.co.uk/accidents-at-home/suing-a-landlord-for-personal-injury.html

Last week, the British government announced an extension of the Right to Buy scheme to around 2.5 million housing association tenants, with the Prime Minister criticising some housing associations for their ‘scandalous indifference’ to tenants. The Right to Buy policy was originally introduced in the 1980s, allowing social housing tenants to buy their council homes at discounts of up to 70% off the market value. It is estimated that more than two million tenants have taken advantage of the scheme to become homeowners since then.  

The new Right to Buy scheme will allow housing association tenants to buy their properties at similarly discounted prices, rising to a maximum of 70% depending on how long they have lived there. The government intends to instigate a one-for-one policy, with one new social home built for every home sold through the scheme, in order to maintain the nation’s social housing stock at the same level. Housing association tenants will also be able to use welfare payments to help secure mortgages and meet their monthly payments, with the government highlighting the fact that roughly £30 billion in housing benefit is currently used to pay rent, a sum that would be better spent on helping people buy their own homes.

In the coming months, the government is expected to work closely with the housing association sector to get the new Right to Buy scheme up and running. In parallel, an independent review of the mortgage lending market will be launched, focusing on the availability of and access to cheaper mortgage finance for first-time buyers, including 95% mortgages. With house prices at all-time highs, deposit requirements are currently beyond what many prospective homeowners, particularly young people, can afford, despite the fact that an estimated 50% of renters could afford the monthly cost of a mortgage. The revival of Right to Buy could therefore be crucial in meeting the government’s ultimate aim of turning ‘generation rent’ into ‘generation buy’.

Our specialist conveyancing solicitors can advise on and assist with any aspect of the Right to Buy scheme:

https://www.bartlettslaw.co.uk/right-to-buy-solicitors-in-liverpool.html

We also have a housing law team with expertise in taking legal action against housing associations for disrepair and personal injury:

https://www.bartlettslaw.co.uk/accidents-at-home/suing-a-housing-association-for-injury.html

Many hair salons will currently be fully booked with hair colouring appointments in advance of the Platinum Jubilee and upcoming summer holidays. While safety standards at salons offering hair dyeing treatments have improved considerably since 2009, when an APIL survey found that the vast majority of salons were not carrying out patch tests to check for allergies, a significant number of women continue to experience allergic reactions to hair dye products during procedures every year, often with extremely painful and distressing consequences.

The main cause of allergic reactions to hair dye is the ingredient paraphenylenediamine (PPD), which is contained in more than two-thirds of hair colouring products, although adverse reactions may also be triggered by other ingredients including ammonia and hydrogen peroxide. The fact that such reactions are not uncommon is the reason why hair salons must carry out patch tests on clients 48 hours before a treatment is carried out. This involves applying a small amount of the dye product to the client’s skin (normally behind the ear), and checking for any adverse effects over the specified time period.

Nowadays, hair salons are normally very efficient in patch testing customers, mainly because their insurance will be invalid if they fail to carry out a test and a client experiences an allergic reaction. While it is especially important to patch test new customers, even regular clients should be patch tested at least every 6 months, as it is possible to develop a sensitivity to chemicals like PPD through contact with other substances at any point in time. Even if a client refuses a patch test or signs a waiver, a hair colouring treatment should not be allowed to go ahead, as the salon will still be liable for any subsequent adverse reaction.    

The symptoms of an allergic reaction to hair dye range from very mild to very serious. The skin on the scalp may become itchy, red and inflamed, while a person’s face will often swell up, particularly around the eyes. Headaches, neck pain, dizziness and nausea are other common symptoms, and a course of antihistamines will normally be required to deal with these problems. Hair loss and patches of baldness may develop, and in rare cases individuals may experience breathing difficulties which can indicate a systemic reaction in the body with potentially very severe consequences including toxic shock and cardiac arrest.

Our solicitors have represented hundreds of clients who have been injured following allergic reactions to hair dye products at salons over the years, with our firm being one of the first to handle these claims. Contact our experienced female solicitors today for free, confidential legal advice if you have experienced an allergic reaction to hair dye at a salon:

https://www.bartlettslaw.co.uk/hair-beauty/compensation-for-allergic-reaction-to-hair-dye-at-hairdressers.html

With millions of Britons booking long-awaited overseas beach holidays this year, as Covid restrictions on international travel finally ease, many women will be booking bikini and similar waxing treatments at their local beauty salon in order to look their best beside the sea and around the pool.

While waxing treatment safety standards at beauty salons have improved markedly in the past decade or so, there are still a number of unavoidable dangers involved in waxing procedures performed on intimate areas of the skin by poorly trained or inexperienced beauticians, which may result in relatively serious injuries and profound distress.

After the wax product and waxing paper are applied to the required area of skin, the paper should be removed swiftly in the direction of the hair growth, which will normally cause short-lived pain and redness. However, the sensitivity of the skin around the vagina and inner thighs means that if the waxing strips are removed incorrectly, for example, too quickly, too forcefully, or at the wrong angle, they may tear the skin, potentially resulting in bleeding, scarring, damage to hair follicles, and both physical and emotional suffering. 

A woman’s skin may also be burned if the wax is overheated when applied or spilled accidentally onto exposed areas, which can result in redness, blistering, scarring and infection. The most serious risk is the possibility of an allergic reaction to a waxing product, which properly conducted skin patch tests (at least 48 hours before a waxing treatment appointment) are supposed to prevent. An adverse reaction of this kind can cause burning skin rashes, blistering and potential hospitalisation depending on the severity of the reaction.

While the negative outcomes from bikini and similar waxing treatments outlined here are thankfully rare, our solicitors have represented hundreds of women in claims against beauty salons for these types of injuries over the years. Apart from the physical pain and suffering, there is also the embarrassment that waxing injuries in intimate areas cause, as well as the loss of enjoyment of an impending holiday which may subsequently need to be cancelled. All these factors will be taken into account when calculating the size of the compensation award due to the injured party.

You can find out more about bikini and other types of waxing injuries in the dedicated beauty treatment injuries section on our website:

https://www.bartlettslaw.co.uk/hair-beauty/compensation-for-a-bikini-waxing-injury.html

This Saturday, 21st May, a new blockbuster exhibition, The Tudors: Passion, Power and Politics, opens at the Walker Art Gallery in Liverpool. In partnership with the National Portrait Gallery which has lent almost 70 artworks, the exhibition presents the five Tudor monarchs, Henry VII, Henry VIII, Edward VI, Mary I and Elizabeth I, and explores the dynasty’s reign over England from 1485 to 1603. This was one of the most dramatic periods in British history, encompassing conflict with Scotland, France and Spain, conquest and colonisation in Ireland and America, piracy and trade, the Reformation, and an artistic and literary renaissance.

The Tudors: Passion, Power and Politics exhibition features around 100 objects and artworks in total, and it is the first time that so many of the National Portrait Gallery’s renowned Tudor portraits have been lent for exhibition. Apart from the five monarchs, other iconic figures from the period featured include Thomas More, Thomas Cromwell, Mary Queen of Scots and William Shakespeare. Some historically underrepresented aspects of the period will also be explored, including Black Tudor history and LGBTQ+ history.

Other highlights include a portrait of Jane Seymour, after Hans Holbein the Younger, from around 1537, which is being exhibited outside of London for the first time, the Westminster Tournament Roll, produced in 1511 to celebrate the birth of Henry VIII’s son with Catherine of Aragon, the Bacton Altar Cloth, which is believed to be the only surviving example of Elizabeth I’s clothing, and the Armada Maps, drawings illustrating the dramatic defeat of Spain’s so-called ‘Invincible Armada’ off the south coast of England in 1588.

Sandra Penketh, Executive Director of Galleries and Collections Management at National Museums Liverpool, commented: “This exhibition at the Walker Art Gallery provides an opportunity to see some of the most iconic Tudor portraits in the world, here in Liverpool. It’s difficult to overemphasise what a rare and special moment this will be, and we can’t wait to share it with our visitors”. 

Tickets for The Tudors: Passion, Power and Politics are available to book online, priced at £13 for adults, £12 for concessions, £6 for children aged 6-17 and free for younger children. You can find out more about the much-anticipated The Tudors: Passion, Power and Politics exhibition and book tickets below:

https://www.liverpoolmuseums.org.uk/whatson/walker-art-gallery/exhibition/tudors-passion-power-and-politics

Legal advice from conveyancing solicitors with local knowledge and experience can be critically important in safeguarding the interests of a buy-to-let property purchaser. The tenancy agreement will need to be assessed to make sure that the terms are acceptable, and that no unwelcome surprises will impact the buyer over the duration of the lease. Legal paperwork will need to be examined, and searches and enquiries carried out, to check whether, for example, any service charges are due on the property, or whether any restrictive covenants or other obstacles exist limiting the buyer’s intended use of property.

Apart from examining and advising on the lease terms and related legal documents, a conveyancing solicitor will also be able to advise landlords on Stamp Duty Land Tax (SDLT) issues. Since April 2016, individuals, companies and trusts are obliged to pay a higher rate (currently 3% extra) on the purchase of additional residential properties. However, there are certain exemptions and methods of reducing a landlord’s exposure to SDLT. The purchaser will also need to decide on whether to buy a property as an individual or through a company or trust, which can have important consequences for their annual tax liability.

Further issues arise when a landlord buys a tenanted property and takes on the existing tenancy agreement. The legal validity of the agreement will need to be confirmed, safety checks carried out to make sure the property is suitable for renting, and documents examined to ensure compliance with regulations on landlords and identify possible debts on the property, such as financial liability for past breaches of covenants. The deposit will also need to be transferred to the new landlord and protected in a government-approved tenancy deposit scheme, and H.M Landlord Registry’s register updated with the appropriate registrations of interest.

Our firm has decades of experience of buying and selling residential properties in the city of Liverpool and across Merseyside. We offer competitive fixed fees, no obligation free quotations and no hidden costs. Get in touch with our conveyancing team for legal advice on buy-to-let property transactions that you can trust:

https://www.bartlettslaw.co.uk/residential-conveyancing-solicitors-liverpool-city-centre.html

The number of Lasting Power of Attorney (LPA) arrangements in England and Wales continues to rise, with 691,746 applications to register received in 2020/21 according to the Office of the Public Guardian. While this represents a substantial decrease from the 917,553 applications received in 2019/20, it is worth remembering that only 43,113 LPAs were registered in the year 2008/09. Furthermore, in August 2014 the total number of registered LPAs was just over one million, while there are now over 5.3 million registered in England and Wales.  

The dramatic rise in LPA registrations over the last decade is in large part due to the increasing number of people affected by dementia and related conditions (including Alzheimer’s disease), which account for roughly 70,000 deaths in the UK every year – the country’s leading cause of death. The mortality rate has more than doubled since 2010, with reasons including the ageing population, more effective treatment of other conditions such as heart disease and the growing dementia diagnosis rate. According to the Alzheimer’s Society, there are currently around 900,000 people living with dementia, a figure which is projected to rise to almost 1.6 million by 2040.

When a person loses their mental capacity after developing a dementia condition such as Alzheimer’s disease, another person, normally a family member, will need to make decisions on their behalf. For this reason, many people choose to set up a Lasting Power of Attorney following a dementia diagnosis to ensure that their best interests are safeguarded as the condition progresses. Once mental capacity is lost, it can be a costly and complicated process for a third party to assume responsibility for a person’s finance and property and/or health and welfare affairs. A Lasting Power of Attorney arrangement therefore represents a sensible, practical and cost-effective means of planning ahead.

Find out more about our fixed fee LPA legal service:

https://www.bartlettslaw.co.uk/power-of-attorney.html

Remortgaging with a new lender will require the services of a conveyancing solicitor to assist with the legal issues and paperwork involved in paying off an individual’s existing mortgage loan and arranging a new one. Legal assistance is important to ensure a person gets the right deal, whether the purpose of the remortgage is to reduce their monthly payments, release equity, borrow more money or adjust their finances in another way. A solicitor can help evaluate whether a new mortgage deal meets an individual’s medium and long-term financial expectations, as well as minimise the potentially high costs that the process can entail.

The first step that a conveyancing solicitor will take will be to confirm an individual’s identity and undertake the necessary anti-money laundering checks. Title deeds to the property in question will need to be checked and lease terms examined, and the details of a person’s current mortgage will be obtained from their existing lender along with a redemption statement, which will confirm the exact amount required to fully repay the mortgage, as well as the existence of any extra charges and fees due for early repayment. Searches requested by the new lender (e.g. local land charge and local authority searches) will also need to be carried out and any related enquiries answered. Once a formal mortgage offer is made by the new lender a conveyancing solicitor will assess the terms, highlight any issues that need to be raised and prepare the necessary documents for signing.

After the mortgage documents have been signed a conveyancing solicitor will then be able to arrange a completion date with the new lender. On the day of completion the new lender will transfer the mortgage funds to the conveyancing solicitor, who will then pay off their client’s existing mortgage, settle any outstanding fees and remit the remaining funds to the client. The new mortgage will need to be registered with the Land Registry and the legal title to the property will subsequently be updated to reflect this. The remortgaging process will take 4-8 weeks in normal circumstances.

Bartletts Solicitors offers a transparent fixed fee remortgaging service. For remortgage transactions up to £200,000 our fees for freehold properties are £300.00 plus VAT and disbursements:

https://www.bartlettslaw.co.uk/residential-conveyancing-solicitors-liverpool-city-centre.html

The Government is looking at proposals to digitalise the Lasting Power of Attorney process in what would be the biggest shakeup of the system for over 30 years. Demand for digital services has increased dramatically in recent times, particularly during the Covid-19 pandemic, and the current paperwork-heavy system is viewed by many as outdated, with people having to wait at least 12 weeks (and sometimes months longer) to register an LPA.

The new proposals to modernise the process could make setting up Power of Attorney easier, quicker and more affordable, although there are concerns about the risks a digitalised system may pose to older and vulnerable people. Many either do not own a smartphone or computer, or else are unfamiliar with making digital applications over the internet, making mistakes in applications highly likely. These ‘donors’ may also become targets for fraud or abuse of the powers that an LPA confers on the ‘attorneys’ who are appointed to handle their financial affairs. Robust safeguards will therefore need to be in place to protect the elderly and vulnerable, including advanced donor identity checks to protect against identity theft.

One of the proposals which the Government will examine is setting up a dedicated fast-track service for those who need an LPA urgently, often because a relative’s health has suddenly worsened, leaving them incapable of making important decisions on their own behalf during the sometimes lengthy period it currently takes to register Power of Attorney. However, this is not the Government’s preferred option, as it does not believe it is possible to create a faster and simpler fast-track service with the necessary safeguards to protect donors.

Removing the requirement for a witness could also help simplify the process, although an LPA could potentially be witnessed remotely. The Government appears to favour abolishing the role of the witness altogether and replacing it with new, as yet unspecified safeguards that serve the same purpose. A further proposal involves making the application process faster and more efficient by implementing a digital checking service. This would involve applications being digitally checked as they are made and sending them for registration as soon as they are completed, thereby significantly reducing the current delay between executing and registering Power of Attorney, as well as the possibility of an LPA being rejected.

New safeguards against fraud will also be considered, including enhancing the power of the Office of the Public Guardian to take more robust measures to verify the identity of both donors and attorneys, deal with complaints against the latter and make it easier for concerned parties to object to an LPA.

Demand for Power of Attorney has increased dramatically in recent years, with roughly five million LPAs registered in the UK, and there now appears to be agreement among legal professionals and the relevant Government authorities that the current system is not fit for purpose in the digital age and is ripe for reform.

Find out more about our fixed fee LPA legal service:

https://www.bartlettslaw.co.uk/power-of-attorney.html