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David Kirwan in the Liverpool Daily Post on 9th February 2010.

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on the BBC website on 16th February 2010

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When it comes to moving home, every penny counts.  That’s why Kirwans Solicitors are pleased to offer you this exclusive money saving deal.

If you contact Kirwans Solicitors to provide a conveyancing quote for your sale, purchase or remortgage and quote “Kirwans Conveyancing Discount” then we will give you a 10% discount on our legal fees.

In addition to benefitting from this money saving deal you will also benefit from the wealth of experience that Kirwans have when it comes to residential property matters.  All our cases are handled by a qualified solicitor and you’ll be able to speak directly with them at any time during your transaction.  We will also aim to keep you fully updated by telephone or email; however you want to be updated.

For further information please call Daniel Stear on 0151 608 9078 or email him dstear@kirwanssolicitors.co.uk.

North West charities could face increased costs if a planned proposal made by Lord Mandelson goes ahead.

From April next year, charities and community groups are set to lose their exemption from the requirement to hold a PPL Performance Rights Licence in order to play recorded music on their premises.

Currently clubs, societies or other organisations that are not established or conducted for profit whose main objects are charitable or are otherwise concerned are exempted from needing the licence by virtue of sections 67 and 72 of the Copyright Designs and Patents Act 1988.

Meaning charities across the UK could be facing additional costs for holding events with recorded music. However, the National Council for Voluntary Organisations is running a ‘Don’t Stop the Music’ campaign to help prevent the proposal from being ratified.

The effect of this will probably not be felt at the large charitable organisations such as Oxfam, but will certainly have a detrimental impact upon community-based local charities, especially in the North West.

It is important to remember that musicians require fair reward for their hard work in order to encourage continued creativity, although many small charities will argue that this is already covered by the payment of the PRS Music Licence. However, it would seem that the cost of this proposal would outweigh the real benefit to the music industry.

Purchasing a property is stressful at the best of times, but buyers of freehold land are often shocked when they find out that their property is subject to restrictive covenants imposed by previous owners.

Many freehold properties are subject to these restrictions, confusing purchasers who expect to buy the land and buildings outright, ‘free from incumbrances’.  However, thanks to the evolution of land law over the years, buyers are at risk as owners are able to transfer land subject to any of a variety of rights, restrictions, obligations and even charges.

The limitations caused by restrictive covenants often mean that a simple course of action, such as extending a building on freehold land, can be costly if the property is subject to a covenant requiring consent for alterations and additions.

Certain covenants are ongoing, for example the restriction could state that land should be used for one dwelling house only, so if developing the land was the intention, this would be in breach of the restriction.

It is vital to check title deeds before signing any contracts.  A purchaser’s first step should be to visit a solicitor so they can review the deeds and identify any covenants, and consider the wording and context of the covenant to check whether it is valid and enforceable.

Problems can arise when the covenant appears valid and enforceable and the buyer’s intended use of the property will put him in breach.  It is important to be aware that this can be the case even if planning permission has been granted for the intended use.  However, if such a restrictive covenant is in place, solving it isn’t always just a case of reaching for the cheque book.

Depending on the age of the covenant and the parties to the deed that created it, one option is to go ahead and breach (or carry on breaching) the covenant without making enquiries of or alerting the person who has the benefit of the covenant. Clearly there is risk involved in such a strategy. The most common protection if choosing such a strategy is to put in place restrictive covenant indemnity insurance, often for a modest premium.

Alternative strategies include seeking the consent of the party benefiting from the covenant, or applying to the Lands Tribunal or Courts for discharge or modification of the covenant.  Both can be costly, especially as success with an application cannot be guaranteed. The age of the covenant and any change in the character of the neighbourhood since the covenant was imposed are factors that may be taken into consideration in an application. Bear in mind that indemnity insurance will almost certainly no longer be an option once the party benefiting from the covenant is aware of the breach or potential breach.

The issues involved with restrictive covenants are often technical and complicated, so it is crucial to seek legal advice at an early stage.

For further assistance please email John Tuson on jtuson@kirwanssolicitors.co.uk.

Many more businesses are becoming embroiled in defamation legal cases regarding social networking sites following the rise in the use of Twitter, Facebook and blogging, reports Michael Sandys, head of the Defamation department at Kirwans.

Many individuals now use these sites on a daily basis, to publish stories and photos, which are then sent around the world, being viewed by many and also edited by unknown sources. Significant harm can result from such messages with stories of extra-marital affairs and criminal behaviour being just two types of messages to be frequented on the net.

The reputation of a business can be on the line, with false accusations made about the quality of its products or services, which in certain cases enter the social media network and quickly make untold amount of damage, which may be irreversible.

If you or your business have been a victim of such fabricated or exaggerated tales then you should endeavour to take action immediately in order to remove the offending comments so as to: a) limit the damage to your business reputation; and b) ensure that such commentary is not repeated again by either the author of the offending comments or any other third party.  A letter from a Solicitor may do the trick in bringing matters to an end, alternatively you may need to consider bringing a legal action against the author of the message and also the web host, so that your reputation or that of your business is protected and with the aim of securing suitable remedies such as an apology and/ or damages.

We at Kirwans have extensive experience in advising on all types of libel and malicious falsehood claims.  We are also well aware of the power of the Internet and the need to act swiftly where there is real damage being done to your reputation or that of your business. For futher information please email Michael Sandys at msandys@kirwanssolicitors.co.uk.

In the current economic climate can you afford to write off bad debt?  Swift recovery of debt is crucial to all businesses, regardless of size or industry.  It can be both problematic and time consuming for businesses to try and recover debts themselves, and outsourcing to debt collection agencies is not always effective.

At Kirwans we decided to tackle the problem head-on and have launched a new debt recovery department to help clients tackle the problems associated with debt collection.

With fees starting at £30 for a straight forward, undisputed debt, we can offer a cost-effective service with the back-up of a team of fully qualified and experienced solicitors.

In many cases a letter before action is enough to put your debtors on notice that you are serious about recovery of your debt and the debt is paid promptly.

If not, we can issue proceedings and obtain Judgment for the undisputed debt on your behalf.  A scale of our fees and court costs is available on request.

In the event that a debt is disputed, we have experienced solicitors on hand to take the necessary steps to pursue contested proceedings and try to resolve the matter as quickly as possible. Please note our usual hourly rates shall apply for all disputed claims.

Once Judgment has been obtained and your debtor is still refusing to pay, we can assist with various methods of enforcement to ensure that any monies are paid back to you.

For further assistance, please contact Catherine Lo on 0151 229 5606 or email clo@kirwanssolicitors.co.uk

People looking to make a will should beware of unregulated will writers who provide people with unenforceable wills while charging them for legal services they are not trained or regulated to provide, warns John Paul Dennis of Kirwans solicitors

During the administration of an estate, solicitors often find that the will is invalid, which can cause heartbreak and concern for the families involved. Homemade wills can cause problems but worryingly the main issue stems from wills drafted by unregulated will writers, many of whom also offer powers of attorney, probate, conveyancing and tax advice.

The future ramifications for anyone seeking to rely on this advice when confronted by HM Revenue & Customs, the Probate Registry or any other financial organisation are unsettling.

Solicitors are qualified to give the correct advice and they are also insured in the event of negligence or accident.

In many cases unregulated will writers hide charges; storage and retrieval costs are added at the conclusion of the matter amongst other fees. Often the original will documents get lost or disappear when these ‘fly by night’ will-writing companies get wound up. Law Society President Robert Heslett recently commented that this was a ‘widespread trend’.

A poorly drafted will can render the deceased’s estate wholly or partially intestate with poor tax planning, ‘vanishing wills’ and hidden charges adding to the family’s grief at what is always a difficult time.

Vulnerable people with learning disabilities can also be left without any adequate provision following their parent’s death, due to poorly drafted wills. Many individuals with learning disabilities are dependent on parents or carers into adulthood, and a legally-binding will to will ensure adequate provisions are made in the future is vital.

Unregulated will writers take advantage of low cost quotes to get their foot into the door to sell additional services such as estate administration and power of attorneys. Costs soar and an even bigger mess can be left for the family to rectify.

It is important that people shop around, you should consult a solicitor to check the price. If you have already made a will but are concerned about the contents then you should ask a solicitor to check the accuracy before it is too late.

John-Paul Dennis

For an informal appointment or discussion of your requirements please contact Kirwans Solicitors, 236-238 Hoylake Road, Moreton, Wirral, Merseyside, CH46 6AD on 0151 6773433 or 363 Woodchurch Road, Prenton, Birkenhead, Wirral, CH42 8PE on 0151 608 9078.

With the country currently in the midst of the coldest winter in over 30 years, the number of people involved in road traffic accidents or having falls due to the icy conditions, will have no doubt unfortunately increased.  Does this therefore mean that these accidents can be successfully defended given that the weather is an “act of god”?  This is not necessarily the case.

The condition of public roads and highways are the responsibility of local councils.  However, with the big freeze continuing and the government suggesting rationing supplies of salt and grit, this will no doubt lead to a debate over exactly how far a councils duty of care extends.

In theory, if a council fails to properly grit a road or public area in icy weather and someone suffers an injury because of this, they may be able to claim for compensation.  However, it can be very difficult for a local authority to ensure every pavement, public area and highway is made safe.   These claims would be very difficult to prove and it is likely that Courts would take into account mitigating circumstances such as the exceptional weather conditions and they may be reluctant to find against public authorities except in the very worst cases of negligence.

Drivers however, must still take reasonable precautions and drive safely, taking into account the conditions.  If a driver is travelling too fast and not proceeding with significant caution and as a result looses control causing an accident, they may not be able to blame the icy conditions.  This could also be relevant for people whose vehicles have been hit by other drivers skidding on the ice.  In establishing if a driver is liable, factors such as any witnesses as to the standard of driving of the vehicle prior to a collision and any photographs showing the final position of vehicles, would be taken into account.

The icy road network will have forced many people to use public transport.  It should be noted that Train and Bus stations have a duty of care to ensure the safety of all visitors under the Occupiers Liability Act 1957.  This will require them to ensure there is a safe passage through any snow or ice and to have visible warnings to warn the public of the conditions.  Was there an adequate system in place for spreading grit and was it followed?  These factors would be taken into account in any claim.  A defence of “enter at your own risk” will not suffice.

Home owners should also be advised to take care if and when they are clearing a path through the snow to access their property.  A visitor may assume it is safe underfoot and if they were to fall and be injured as a result, the homeowner could be found responsible.

For those workers who have managed to brave their way through the conditions into their workplace, it should be noted that their employers also have a duty of care to follow.  They need to ensure that pathways to areas such as entrances, delivery areas and car parks are clear.  Failure to ensure this could leave them open to potential legal action.

Anyone who is unfortunate enough to be involved in an accident due to the conditions should seek legal advice from our Posted by admin | in Personal Injury | No Comments »

Michael Sandys discusses how a recent court ruling may mean that public authority figures’ spending habits come under scrutiny in the Liverpol Daily Post and the Wirral Globe on Dec 9th 2009 .

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