Resolution started a campaign for the introduction of a no-fault divorce law more than 30 years ago and many involved in the family justice system have been fighting for it ever since. The successful end of the campaign last year meant 2021 was a big year for family law practitioners.

The current law dates back to 1973 and the main argument was that it was outdated, a point of view which has finally been listened to.

Everything will change on April 6 when the new legislation comes into force, incorporating Section 1 of the Divorce, Dissolution and Separation Act 2020 into the current law.

Up until now, couples have had to be separated for two years with each other’s consent, or five years without, failing which they would need to blame the other in order to apply for a divorce. The blame could be assigned through adultery, unreasonable behaviour or desertion.

Now, we have a situation where a couple can approach a court on a joint basis and not blame each other, which will remove the position of Petitioner/Respondent. The intention is that it will assign no blame on either party, with both parties being referred to as the applicants and on an equal footing. Equally, one party to the marriage only can apply for a ‘Divorce Order without blaming the other party, on the basis that the marriage has broken down irretrievably, removing this culture of blame.

The response to the change in the law has really surprised and puzzled me so far this year.

Indeed, we always see a wave of new divorce applications in January. People often think ‘This is it. I am going to do it now’. They may have put it off, perhaps if there are children involved or if there are considerable financial implications, and they eventually take the plunge in the new year.

I expected to see lots of people wait until April but I’ve found the opposite – we are still seeing that the January wave and trends haven’t changed. Most of my clients have said they want to do it now. Only two or three were happy to postpone it until April.

When the change does come in, I think it will be easier for both clients and family law practitioners. We’re not going to need to think about blame and fighting for costs. And from a practical perspective, it’s going to allow clients and practitioners alike to focus on the important issues: the welfare of the children of the family and a fair division of the assets.

Legal professionals are really welcoming the change for the reason that couples will no longer be fighting for no real benefit. This will enable us to focus on the important issues and deal with them as amicably and cost-effectively as possible.

When it comes to issues such as children and money, people find it hard to separate the divorce process from the other issues, for example if one party is accusing the other of unreasonable behaviour. Emotions run high, making it difficult for them to focus on what is important.

Now, we should have a situation where no party is blaming the other and we are all working together. There should be fewer disputes and costs in respect of the divorce are likely to be equal on both sides, so it’s much easier on a human level.

Historically, the party making the application also faces the burden of legal costs, although a claim for costs is available within the divorce suit. So, removing that issue benefits everyone. What is really important in a divorce, in my view, is the wellbeing of a couple’s children and resolving their financial issues.

As legal practitioners, we are so used to dealing with the law as it is. I have been practicing family law since 2007 and campaigners have been trying to change the legislation before I even started practicing. It will be a big change for me, like everyone else, but I don’t anticipate that it will make our practice too different. The main thing will be focusing more energy on children and financial remedies and less energy on the actual basis for the divorce.

I think with less litigation and removing the ‘s/he said, s/he said’ element of the process, we are much more likely to achieve a positive result. I hope that it will result in a less negative experience overall, and I think it should be good for practitioners because, hopefully, when people see a family solicitor, they will associate less negativity with this part of the process.

Sophia Mellor, Prinicpal Associate in the Family Department.

A specialist in international family law, recognised in this year’s Legal 500, has joined Leamington solicitors Blythe Liggins.

Louise Hunt had previously spent eight years with leading UK law firm Mills & Reeve, where she gained considerable experience in dealing with complex matrimonial matters. She also developed a specialist interest in international cases, particularly those involving the relocation of children outside of the UK’s jurisdiction.

Brought up in Stratford, Louise attended The Kingsley School in Leamington and then Stratford Grammar School for Girls before reading history and politics at Birmingham University. She then passed her legal practice examination at Birmingham Law School before becoming fully qualified in 2014.

Louise said: “I am very excited about joining Blythe Liggins where I will be covering all aspects of family law, including divorce, property and financial issues, children and pre-nuptial agreements.”

 

David Lester, senior partner at Blythe Liggins, said: “Louise has a formidable record in family law with one of the leading firms in the country and we are very excited about her joining us. Her knowledge of international family law will be invaluable.”

 

In this year’s Legal 500 she was described as being ‘an excellent solicitor, robust and fair, extremely efficient and thorough, great with clients and easy to communicate with’.

Louise married Dr Ian Hunt, a paediatrician at University Hospital Coventry, in July and the couple now live at Hatton Park, near Warwick, with Benji, their border collie.

 

CAPTION: Family lawyer Louise Hunt with David Lester, senior partner with Blythe Liggins.

A leading Warwickshire law firm has welcomed a Legal 500 recommended lawyer as its new head of dispute resolution.

Jag Sandher has joined Blythe Liggins in Leamington after relocating from Berkshire, where he was the Head of Litigation for a well-respected regional firm and brings with him a wealth of experience, including successes in the High Court.

The father-of-two, who was born and raised in Coventry, has handled a number of high-profile cases during his career and is looking forward to bringing his expertise to the firm.

He said: “I’m delighted to join the expert team at Blythe Liggins and excited by my new role as the Head of Dispute Resolution. Blythe Liggins have an excellent client base and I look forward to assisting them to resolve their disputes, whether through the Courts or by alternative dispute resolution.

“The work is very varied, which means my case load can differ from one day to the next, and that’s one of the attractions and challenges of the role. I am also incredibly fortunate that I have inherited a very experienced team of litigators with a wealth of knowledge.

“The other bonus for me is being back in the Midlands. It really does feel like ‘coming home’ as I’m originally from Coventry and now I’ll be raising my family in the area, too.”

Among Jag’s previous cases was the successful resolution of a £4 million construction dispute centred on the purchase of a part-built development in South London.

He explained: “My client was in the process of purchasing the site but a dispute broke out in respect of a misrepresentation by the vendor about the way in which the foundations of the building had been constructed.”

“There was also a dispute in respect of a collateral contract where the vendor was required to continue works on site whilst the due diligence and legal work continued.

“Ultimately, the claim was settled following our disclosure of circa 3,000 pages of documents and drawings. It was an excellent result and one which pitted me against a large city firm.”

David Lester, senior partner at Blythe Liggins, said: “We’re all delighted to welcome Jag. He joins us with a hugely impressive CV and our clients will be able to benefit from his many years of experience and expertise in dispute resolution.”

Blythe Liggins is a full service firm of solicitors which also specialises in corporate and commercial law, sports law, charity, personal injury and medical negligence, property, family law, employment, wills, probate and mediation.

A Leamington solicitor is warning organisers of Bonfire Night parties that they could face damages claims if anyone is injured. Claire Kirwan, head of the personal injury department at Leamington law firm Blythe Liggins, said there were potential legal implications of such accidents happening, as party hosts are legally responsible for injuries caused by sub-standard fireworks, poor storage, or failure to maintain an adequate distance from the display.

Also, although visually spectacular, Ms Kirwan warned that fireworks could cause damage to neighbouring properties if proper controls are not put in place. Sparks may also fly for retailers who sell fireworks or sparklers to children under 18 year of age.

“While it can be fun to host your own bonfire party, it may be best to avoid getting your fingers burned by going to a public display,” said Ms Kirwan. “The safest bet is to attend a properly organised event where months of planning and organisation should ensure a safe and fun evening for all.”

Caption: Claire Kirwan, Partner & Head of the Clinical Negligence and Personal Injury Department.

‘Wrongful birth’ is a legal term used by the courts to describe the situation where a child is born but, had it not been for medical negligence, they would not have been born. This can include claims where a failed sterilisation or vasectomy leads to an unwanted pregnancy or where a child is born with a disability which the hospital failed to warn the parents about and, if they had been warned, the mother would have terminated the pregnancy.

Failed sterilisation claims

In these circumstances the mother can claim damages for the physical and emotional pain and distress of the unwanted pregnancy. Compensation can also be claimed for the distress caused by having to undergo a termination, if the mother chose this route.

In addition the mother can claim for any financial losses which arose out of the pregnancy, such as loss of earnings but she cannot claim for the additional cost of raising a child.

Failure to warn about specific disabilities

These claims arise where a birth defect was not diagnosed when it should have been. In these cases, the mother can claim damages for the physical and emotional pain and distress of the unwanted pregnancy.

In addition the mother can claim for any financial losses which arose out of the pregnancy, such as loss of earnings, and they may also be able to claim for the cost associated with the health and welfare of the disabled child.

This list is not exhaustive and if you think that you may have a wrongful birth claim, call one of our expert medical negligence solicitors today.

Caption: Lois Harrison, Senior Associate Solicitor. Medical Negligence & Personal Injury

A recent survey has indicated that one in four patients with secondary breast cancer had to visit their GP three or more times before they received a diagnosis.

Breast Cancer Now have said that there need to be more awareness that the disease can spread to other parts of the body and the worrying perception that everyone survives breast cancer has masked the reality that 11,500 families in the UK will lose somebody they love each year.

Lois Harrison, a Medical Negligence Solicitor said: “ Sadly even from my own professional experience I know this to be true. I have been approached by various clients over the year who despite visiting their GP on numerous occasions with the classic symptoms of secondary cancer, are simply brushed off by their GP. Secondary cancer has often reached the metastatic form and cannot be cured but patients should be able to access early treatments to help improve their quality of life and to reduce some of their often agonising symptoms”.

Caption: Lois Harrison, Senior Associate – Medical Negligence & Personal Injury Department

The Notification of Deaths Regulations 2019 came into force on 1 October 2019. The new Regulations place a duty on registered medical practitioners to notify the Coroner of a death if one or more of the circumstances set out in Regulation 3(1) apply.

Until now, there was no clear statutory duty on doctors to report particular deaths to the Coroner and so these Regulations will provide much-needed clarity. They were drafted as a result of recommendations made by Dame Janet Smith who chaired the Shipman Inquiry. She was concerned at how Dr Harold Shipman was able to exploit weaknesses in the death certification system to cover up his crimes.

So when does the duty to report a death arise? A death under the circumstances set out below should always be notified to the Coroner, regardless of how much time has passed since the death:

• The death was due to poisoning, including by an otherwise benign substance (e.g. sodium/salt).
• The death was due to exposure to, or contact with a toxic substance (e.g. toxic material/solids/liquids/gases/radioactive material).
• The death was due to the use of a medicinal product, the use of a controlled drug or psychoactive substance (illicit/recreational drugs/prescribed or non-prescribed medication/self-administered overdose/excessive deliberate dose /given in error/psychoactive substances/legal highs/designer drugs/herbal highs).
• The death was due to violence, trauma or injury.
• The death was due to self-harm.
• The death was due to neglect, including self-neglect. (This does not include where the self-neglect was caused due to dementia, or, where caused by lifestyle choices such as: smoking, excessive eating or chronic alcoholism).
• The death was due to a person undergoing any treatment or procedure of a medical or similar nature.
• The death was due to an injury or disease attributable to any employment held by the person during the person’s lifetime.
• The person’s death was unnatural but does not fall within any of the above circumstances.
• The cause of death is unknown.
• The registered medical practitioner suspects that the person died while in custody or otherwise in state detention.
• There was no attending registered medical practitioner required to sign a medical certificate cause of death (“MCCD”) in relation to the deceased person.
• The attending medical practitioner is not available within a reasonable time of the person’s death to sign the certificate of cause of death.

• The identity of the deceased person is unknown.

A Coroner’s investigation may not be necessary in all notifiable cases but it is heartening that there will now be consistency in deaths reported to the Coroner and Inquests carried out where there is a need.

 

Caption: Claire Kirwan, Partner & Head of Medical Negligence and Personal Injury

Warwick’s Jorjeet Singh is celebrating a double triumph after his happy haul of 14 wickets in three matches pushed his side to the brink of the league title and earned him the Courier’s Player of the Month award for August.

The 33 year old, slow left arm bowler began his remarkable run with an impressive 4 for 19 display against Bablake.

Consecutive five wicket successes then followed against Atherstone Town and Sutton Coldfield, with the in-form Jorjeet claiming 5 for 26 and 5 for 30 respectively, to push Warwick ahead of close rivals Stockton Star at the top of the table.

Jorjeet, who moved to the area from India in 2007, said: “This was the first time this season that I’ve managed to play three games in a row and I’m delighted with how it went.

“I really found the consistency I’ve been missing this season as work commitments meant I was unable to play as regularly as I’d hoped.

“It was perfect timing too as the performances helped us edge ahead in the race for the division 5 title.  So August was a great month for me, playing well, taking a lot of wickets and now winning cricketer of the month”

Jorjeet’s run of success has continued into September too as Warwick clinched the Division 5 title with a win at Nuneaton last weekend, and he chipped in again with one wicket for the cost of just two runs.

Richard Thornton, joint senior partner of Blythe Liggins said: “Jorjeet’s run of form would have been impressive at any time but, with the title race in full flow, he really picked the perfect moment to strike.

“Congratulations to him and his title-winning team at Warwick from everyone at Blythe Liggins.”

Jorjeet’s well deserved prize as cricketer of the month is a box of six new balls for his club.

CAPTION: The Courier’s cricketer of the month Jorjeet Singh with Richard Thornton, joint senior partner of Blythe Liggins at sponsors Blythe Liggins.

An incredible run of form has seen young star George Baines crowned the Courier’s June cricketer of the month.

George, 14, has starred with the bat for his side Kenilworth Cricket Club over the past few weeks, racking up hundreds of runs as the club battles to steer clear of the lower reaches of the Warwickshire League Division One table.

Sponsored by Leamington law firm Blythe Liggins Solicitors, the Courier’s cricketer of the month award has recognised George’s scores of 83 not out against Wanderers, followed by 82 in a draw against Harborne the following week.

However, the icing on the cake for Kenilworth’s talented youngster, who also represents Warwickshire in age group cricket, was a superb 110 the very next week in a Sunday side draw with Berkswell.

George, who is following in the footsteps of one of last year’s winners, Dan Mousley, who made his full Warwickshire debut against Essex earlier this month and just a week after his 18^th birthday, said: “I am most proud of the century I scored against Berkswell.

“It was a great team performance and I contributed to the game with my first 100, which I was pleased about.

“I’ve really enjoyed playing for Kenilworth this season. The seniors and whole club are really supportive of the juniors coming through. It’s a great set-up and run entirely by volunteers like many clubs.”

George, who is a Kenilworth School student, has been playing cricket since the age of just seven and scored 87 in his first game for Warwickshire under-10s.

What then, does the future hold for the talented young batsman, who also keeps wicket and last year skippered Knowle & Dorridge under-13s to glory in the national Vitality under-13 T20 competition.

“Down the line, I am keen to spend some time in Australia playing grade cricket and my aim is to play for the Warwickshire senior side. Ultimately, of course, England is my dream – my shirt number is 66 as Joe Root is my role model as a team player,” said George.

Kevin Mitchell, partner at sponsors Blythe Liggins, said: “It’s great to see talented young cricketers such as George not only being given their chance to play senior cricket but also thriving.

“To score a senior club century at 14 is very impressive and it’s clear George is a very talented cricketer. Everyone at Blythe Liggins wishes him well for his future.”

George’s prize as cricketer of the month is a box of six new balls for his club.

For more information about Blythe Liggins, visit www.blytheliggins.co.uk.

CAPTION: The Courier’s cricketer of the month George Baines, 14, with Blythe Liggins partner Kevin Mitchell

An intrepid Leamington solicitor went to great lengths to raise thousands of pounds for The Myton Hospices, by walking part of the Great Wall of China.

Donna Bothamley, who is head of wills and probate at Leamington law firm Blythe Liggins Solicitors, got to see parts of the wall that few people will ever be lucky enough to see, and her and her fellow trekkers even got to lend a hand to repair a section of the wall which is currently being reconstructed.

Donna, whose firm has long supported Myton Hospices as its chosen charity,  managed to raise a superb £2,900 from the once-in-a-lifetime experience, and the group of 25 amassed more than £46,000 between them.

Donna said: “The trek was everything I imagined it would be, and so much more.

“Walking along parts of the Great Wall that few people get to see was something I will never forget. It was simply breathtaking.

“This amazing experience was made even more rewarding and momentous for me and my fellow trekkers by knowing that we were doing this for the Myton Hospices and the fantastic work done there.”

Rebecca Richards, Myton’s assistant events manager, said: “It went so smoothly, the group got on brilliantly and gelled really well as a team.

“They were challenged with different routes and tracks of the wall each day and then, towards the end of the trip, they had a day of 1,000 steps, followed by 11 watch towers and then the famous Heavenly Ladder.

“The money they raised will help us continue to provide our services to the people who need it most in Coventry and Warwickshire.

“This sort of fundraising is absolutely vital for The Myton Hospices as we have to raise £9.2 million this year to continue providing our services.”

Caption: Donna Bothamley, Partner.