Issue 3

As news of the worsening financial crisis spreads we want to do all we can to protect and support you. This edition of BDeye features a number of issues that may affect you during the current crisis and offers advice on how best to deal with these situations.

Inside there is also the opportunity to ask our specialist lawyers a specific question about your situation and receive 30 minutes of free advice.
Know your rights as an employee

You have the right to be treated fairly by your employer even in a genuine redundancy situation. If you are selected for redundancy, consider the following:

4 Was the selection process fair?
4 Were you properly consulted?
4 Did your employer consider any alternatives to dismissal?
4 Do you have the right to any statutory and contractual payments?

‘Recession’ can be an excuse to discriminate unlawfully. Women on maternity leave, part time workers, older people and disabled employees are amongst the most vulnerable in the workplace. If you are facing redundancy, we can advise you on your rights and help you achieve the best possible outcome.

Redundancy can have a devastating impact on your personal finances and self-confidence. The experts in our Employment Law Team understand this and are experienced in helping clients become better informed about their rights and stand their ground when they have been wronged. Most disputes can be resolved.

The leading guide to law firms - Chambers and Partners - rate our Employment Law Team as “second to none” in the South West so why trust anyone else?

xxFor further information please contact Julia Beasley on 0117 929 0333
Negotiating your exit strategy:
If your employer has offered you a compromise agreement, we can advise you on its terms and effect. We have extensive experience in negotiating exit packages and settlement agreements, including compensation and a good reference.
The Burroughs Day Family Law Team offers you a choice of approaches so you can select the one that is right for you.

4 There is the traditional approach, which involves negotiation of a financial settlement between lawyers and a court hearing if this is not achieved.

4 Alternatively there is the collaborative law approach. This method can take less time and may reduce legal costs compared to the court-based route.

Collaborative Law involves both partnersa and their solicitors seeking agreement in a series of round-table meetings held at either the solicitors’ office or a neutral venue. Both parties and solicitors agree at the outset		that they will not resort to the court procedure to reach a conclusion.

The term ‘collaborative’ not only refers to the collective nature of the meetings but also to the use of third parties, such as family therapists, who are brought into the process to collaborate and help the family come to terms with the upheaval.

This approach can be used by a divorcing husband and wife, couples who want to dissolve their civil partnertship and separating couples who are not married or civil partners.

For further information on the service that is right for you, please contact Fiona Pratt on 0117 929 0333.
We offer 30 minutes of advice on all new enquiries

This means we can explore your options together, allowing you to make an informed decision about the best way forward. So it won't cost you anything to find out how we can help.
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Meet the experts: Home moving
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What's it like running a Home Moving Team during an economic downturn?
Here Jan Sefton talks about her experiences.
Daily news of doom and gloom can be hard to deal with but inside the team our mood remains optimistic. We have recently seen an upturn in transactions and have found that many people are still benefiting from buying or selling.
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Many of our clients at the moment have been renting after selling their houses last year. They are now looking to buy again as prices in the rental market have soared and they have become reluctant to keep paying their landlord's mortgage. Property prices have dropped so houses are becoming more affordable meaning that first time buyers are choosing to buy so that they are not left paying off a mortgage in their old age.
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Also, many people are taking advantage of the Stamp Duty Holiday granted by the Government last year which applies to all property purchases that complete		on or before 2 September 2009 with a purchase price of £175,000 and below.

Important changes to Home Information Packs (HIPs) took place on 6 April 2009 so that is keeping us busy! HIPs must now be available as soon as the house is put on the market and a new Property Information Questionnaire has been added.
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HIPs have been around since December 2007 so we have now had plenty of time to get used to them. We find it is very important to use a Solicitor to prepare your HIP rather than your estate agent. This ensures that it is legally compliant and that you don't have to pay for another one if you change estate agents.
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If you are thinking of buying or selling your property or have any questions about the changes to HIPs please contact me on 0117 929 0333.
Special offer to readers of BD Eye
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If you or a member of your family suffer an injury caused by someone else we will give you £100 if you instruct us and we are able to accept the claim.
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Often people don't realise they can instruct us directly after suffering an injury. There is no need to go through your insurer or claims company or to take out an expensive loan. Call our Injury Claims Team on 08000 288 188 and quote "BD Eye" to receive your £100.

4 You will receive a genuine "no win no fee" service
4 We cover the cost of your legal expenses
4 You keep 100% of your compensation		.
For full terms and conditions please visit www.bd4law.com/bdeyeoffer
Angela Trudgian is glad she used the Burroughs Day Injury Claims Team. Angela felt pressurised during an office re-organisation to move a heavy desk by herself. In doing so she sustained a back injury. Leigh Woodham, her solicitor at Burroughs Day, recovered the compensation she deserved for her injury and losses. The claim also helped to improve her employer's safety standards so that others won't have to suffer as she has.
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We want you to think of us
as your lawyers
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We know that taking the first step to seeking legal help can sometimes be daunting but we are here to help. Here are a few helpful facts that you might not know about Burroughs Day Solicitors:
Our Employment Team can deal with a wide range of employment issues including compromise agreements, negotiated exit packages, redundancy, unfair dismissal, discrimination claims and whistle blowing.
Our Family Team recently expanded with the recruitment of a new solicitor and can advise on all family law issues including living together, relationship issues and children matters.
Our Home Moving Team deals with a range of different conveyancing transactions including new build purchases, shared ownership arrangements, retirement purchases and the transfer of residential property.
Our Injury Claims section has specialist accreditation for the full range of injury claims from trips/slipping accidents to injuries caused by defective products to work related accidents. Our Road Traffic Accident Team is top rated for their handling of pedestrian, bicycle and motorcycle claims as well as claims involving cars.
Our Wills and Tax Planning and Mental Capacity Teams work together to provide a comprehensive service covering Will writing, tax planning, planning for later years and probate. We can also act as an executor on a Will making things easier to deal with for your family.
We can advise on a wide range of legal disputes to preserve or defend your interests. We can help to ensure that those responsible for wrongdoing are brought to account.
We also act for businesses and offer a wide range of business services including commercial property, employment law and legal disputes.
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We offer 30 minutes
of free advice on all
new enquiries
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Protecting vulnerable older people
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During periods of economic recession, as families struggle with the pressures of caring for older as well as younger generations, elderly people are sadly at an increased risk of suffering abuse from their own family members and friends. Elder abuse can take many forms and can often be difficult to detect.
In addition to the increased susceptibility of elderly people to abuse from family, friends and carers, strangers may "befriend" elderly people and take advantage of their vulnerability through investment scams and fraudulent activity.

At Burroughs Day Solicitors we have specialist lawyers who are dedicated to representing the interests of vulnerable elderly people. Our Mental Capacity and Legal Disputes Teams work together to cover both contentious and non-contentious issues faced by elderly people including:		4 Dealing with financial and other types of abuse

4 Advice regarding housing, benefits and long-term care

4 Disputed Wills and Estates

4 Deputyships, LPAs and Registration of EPAs

4 Contested Deputyships and Attorneyships

4 Consent and capacity

4 Social care issues		.
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Please contact Fiona Dawrant for further information on 0117 929 0333
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Justice is served
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John Baden-Daintree, Fatal Injury expert, recently secured a six-figure sum for the long-term girlfriend of a man who was killed in a hit and run incident.

The case makes legal history as no bereavement compensation was payable under existing English Law because the couple were not married.

John secured compensation by using the Human Rights Act to argue that she was being prejudiced by English law as it had become out of date and failed to keep up with the modern practice of cohabitation without marriage. Full details of the settlement are bound by a confidentiality clause. However, John said:

"I am delighted that justice has been done. The grief suffered by my client after the sudden and unexpected death of her life-partner was huge. I am pleased I was able to guide her through the process to ensure she received the financial protection for the future that her partner would otherwise have provided for her."
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For further information:
Telephone: 0117 929 0333
www.bd4law.com
myenquiry@bd4law.com