In turbulent economic times, the enforcement of a court judgment becomes a weightier consideration for anyone embarking on litigation. It is one thing to recover a favourable judgment, but it is something else to enforce it against an unscrupulous defendant. In the words of Lord Bingham: ‘an unenforceable judgment is at best valueless, at worst an additional source of loss’. A judgment creditor has no guarantee that it will actually receive payment. The courts do not automatically enforce judgments and it is for the judgment creditor to choose the most effective and appropriate means when a ju ..read more

Channel 4 and E4 are currently screening the seventh season of Married at First Sight (MAFS), in which couples meet for the first time when walking down the aisle, their future having been determined by a group of relationship experts. For many couples the show signalled the start of a durable relationship – but what happens if the honeymoon period lasts only a few days, weeks, or months, and the parties then decide to divorce? The ceremonies conducted in the UK version of MAFS are not technically legally binding but in the real world, once a valid marriage has taken place either party can onl ..read more

Our Medical Negligence team recently acted on behalf of a client, know as AA, after a foreign body was discovered in her abdomen AA had undergone a number of surgeries in the past. Over the years she had suffered from significant ongoing problems, the cause of which could not be identified. In 2018 AA had a CT scan done which showed a possible foreign body in her abdomen. It was unclear which surgery the foreign body had come from, or even what the foreign body was however it was noted to be approximately 2cm and of metallic origin. AA continued to experience pain and discomfort, and in 2021 s ..read more

What do LGBTQ+ families and individuals need to be aware of? In some ways the law is still evolving to encompass the different forms of family that now recognised and consequently LGBTQ+ families and individuals should be aware of their legal position under Wills and how they stand in relation to inheritance tax. Families who are co-habiting are faced with the same inheritance issues regardless of their composition. A major consideration is that co-habiting partners do not automatically inherit assets held in their partner’s sole name and it is therefore very important that a suitable Will is ..read more

It is possible to reopen a divorce financial settlement, but extremely rare. In most circumstances, once a financial settlement has been officially recorded in the form of a consent order, the financial ties between the divorcing couple are broken and neither of them will be entitled to make financial claims in the future. Request a consultation A precedent set during the case of Barder vs Barder (1987) means that a court may allow a financial settlement to be reopened if something later happens that alters the principle on which the original consent order was made. Before the court will agree ..read more

It is possible to reopen a divorce financial settlement, but extremely rare. In most circumstances, once a financial settlement has been officially recorded in the form of a consent order, the financial ties between the divorcing couple are broken and neither of them will be entitled to make financial claims in the future. Request a consultation A precedent set during the case of Barder vs Barder (1987) means that a court may allow a financial settlement to be reopened if something later happens that alters the principle on which the original consent order was made. Before the court will agree ..read more

Clarke Willmott has successfully obtained £75,000 for a client who underwent negligent gynaecological surgery. Ms S had a long history of heavy periods, clots and dyspareunia. In December 2018 it was agreed that she could undergo a hysterectomy to try to address these issues. Ms S had problems with skin healing and so it was agreed that surgery would be done laparoscopically to reduce any issues with healing as much as possible. On the morning of the surgery Ms S was advised that the equipment for the laparoscopy was “not suitable”. Because the surgery had already been cancelled twice by this ..read more

The long-awaited review into maternity care at Shrewsbury & Telford NHS Trust, undertaken by Donna Ockenden has finally been published and it makes shocking reading The key headlines are that with better care, around 201 babies might have survived, maternal deaths may also have been prevented and other babies may have avoided lifelong harm including cerebral palsy. These terrible outcomes arose from cases of poor maternal and baby care over the past two decades in an era when medical science is advanced. Key findings of the Ockenden review Birth injuries, whether maternal or baby, cause gr ..read more

Whilst perhaps some time ago, in 2016 the then housing minister suggested that inequality between the so-called baby boomers and the younger generation might be reduced if parents were to leave their properties to their grandchildren (rather than to their children) in their Wills. This suggestion remains relevant today given the greater opportunities the older generation have had to acquire wealth, including more affordable house prices, final salary pensions and the availability of student grants. What can I do to share wealth with younger family members? Lifetime gifting Making gifts to your ..read more

Clarke Willmott have recently settled a case for a family where a hospital failed to identify or treat grade 4 pressure sores. Mrs F was admitted to hospital on 5 January 2021. She had fallen at home and fractured her left humerus. She had also (unknown to anyone at the time) suffered a fracture to her pelvis. After a short stay in the hospital Mrs F was transferred to a care home for rehabilitation and physiotherapy. On arrival to the care home Mrs F was assessed and noted to be suffering from an untreated and undressed grade 4 pressure ulcer to her sacrum, with a wound down to the bone. The ..read more