by Saqib Khan | Sep 18, 2024 | Litigation, Personal injury
Introduction: In a recent landmark decision, the Supreme Court delivered a judgment with far-reaching implications for thousands of personal injury claims across the UK. The case of Hassam and another v Rabot and another [2024] UKSC 11 has provided clarity on the assessment of damages for pain, suffering, and loss of amenity (PSLA) in instances where both whiplash injuries (WLI) and non-whiplash injuries (NWI) are sustained in a road traffic accident.
Background: The Civil Liability Act 2018 introduced significant reforms to the compensation process for WLI caused by negligent driving. Under these reforms, the amount awarded for PSLA related to WLI was fixed at a tariff amount, which differs only based on the duration of the WLI and is notably lower than traditional common law damages.
In the cases of Mr. Rabot and Mr. Briggs, both claimants suffered from WLIs and NWIs in separate car accidents. The District Judge initially assessed damages for PSLA caused by both types of injuries, leading to appeals and cross-appeals regarding the appropriate method of calculating compensation.
Judgment: The Supreme Court unanimously dismissed the appeals and cross-appeals, affirming the approach adopted by the majority of the Court of Appeal. Lord Burrows, delivering the judgment, outlined the correct method for assessing damages for PSLA concurrently caused by WLIs and NWIs.
Reasoning: The Court rejected the “first approach,” which sought to limit PSLA damages to exclusively NWIs, as it would require unrealistic precision from claimants and could result in lower compensation for both types of injuries. Similarly, the “second approach,” which ignored overlapping PSLA, was deemed inadequate as it would lead to overcompensation.
Instead, the Court endorsed the “third approach,” which involves assessing the tariff amount for WLIs and common law damages for NWIs separately, adding them together, and making adjustments to avoid over- or under-compensation.
Conclusion: The decision in Hassam v Rabot provides clarity on the assessment of damages for PSLA in cases involving both WLIs and NWIs. By affirming the third approach, the Supreme Court has upheld the principles of fairness and consistency in compensation awards while respecting the legislative intent behind the Civil Liability Act 2018.
This judgment serves as a crucial guide for legal practitioners, claimants, and defendants navigating personal injury claims involving mixed injuries. It underscores the importance of a balanced approach to compensation that considers the unique circumstances of each case while ensuring fair redress for the injured parties.
by Saqib Khan | Sep 5, 2024 | General, Litigation
Introduction
In the realm of civil litigation, legal professional privilege stands as a cornerstone principle safeguarding the confidentiality of communications between solicitors and their clients. As a fundamental aspect of the legal landscape, understanding the nuances of this privilege is imperative for both legal practitioners and their clients. In this guide, we delve into the intricacies of legal professional privilege within the context of civil litigation, shedding light on its importance, scope, and exceptions.
Understanding Legal Professional Privilege: Legal professional privilege, embodies the confidentiality inherent in the relationship between a solicitor and their client. This privilege serves to protect communications exchanged between them from disclosure to third parties, including courts, tribunals, and opposing parties.
Types of Legal Professional Privilege:
- Legal Advice Privilege: This privilege extends to confidential communications between a client and their lawyer for the purpose of seeking or receiving legal advice. It covers not only advice given but also any documents created with the dominant purpose of seeking or providing legal advice.
- Litigation Privilege: Unlike legal advice privilege, litigation privilege comes into play when litigation is either ongoing or reasonably anticipated. It shields communications between a client, their lawyer, and third parties, provided they are made for the dominant purpose of preparing for or conducting litigation.
Exceptions and Limitations: While legal professional privilege is a fundamental aspect of the legal system, it is not absolute. There are exceptions and limitations that one must be aware of:
- Waiver: Privilege can be waived if the client voluntarily discloses the privileged information to third parties.
- Crime or Fraud Exception: Privilege may not apply if legal advice or assistance is sought for the purpose of committing a crime or fraud.
- Communications with Third Parties: Privilege generally does not extend to communications with third parties unless they are made in furtherance of obtaining legal advice or preparing for litigation.
Challenges and Practical Considerations: Navigating legal professional privilege in civil litigation can pose various challenges and require careful consideration. From determining the applicability of privilege to managing potential waivers and exceptions, legal practitioners must exercise diligence and expertise to uphold their clients’ confidentiality rights while effectively representing their interests in litigation.
Conclusion: Legal professional privilege serves as a cornerstone principle in civil litigation, safeguarding the confidentiality of communications between solicitors and their clients. Understanding its scope, exceptions, and practical implications is essential for both legal practitioners and their clients. By staying informed and navigating privilege with care, parties involved in civil litigation can uphold the integrity of the legal process while protecting their rights and interests.
by Saqib Khan | Aug 29, 2024 | Conveyancing, General, Landlord and Tenant Law, Litigation
At KhanMather, we strive to keep our clients informed about critical legal developments that may affect them, particularly in the property and real estate sectors. Recently, significant concerns have arisen around the Bellway Homes development at Bassingbourn Fields, Fordham, Cambridgeshire. As a leading UK law firm specializing in property law, we believe it is essential to address these issues and offer our legal perspective on the situation.
Overview of the Bassingbourn Fields Development
Bellway Homes, one of the UK’s largest housebuilders, has developed the Bassingbourn Fields estate in Fordham, Cambridgeshire. The project was marketed as a high-quality residential community, offering modern homes designed to meet the needs of a growing population. However, residents and prospective buyers have reported various issues since the development’s completion, raising questions about the project’s quality, safety, and overall compliance with planning regulations.
Structural Defects and Quality Concerns
One of the primary concerns raised by homeowners at Bassingbourn Fields involves the quality of construction. Several residents have reported structural defects in their properties, including issues with the foundations, roofing, and brickwork. Such defects not only diminish the value of the homes but also pose potential safety risks to the occupants.
Under English & Welsh law, builders are required to adhere to strict building regulations to ensure the safety and durability of residential properties. If Bellway Homes has failed to meet these standards, affected homeowners may have grounds to pursue legal action for breach of contract, negligence, or misrepresentation.
Planning Permission and Compliance Issues
Another significant issue at Bassingbourn Fields concerns planning permission and compliance with local authority regulations. There have been allegations that certain aspects of the development did not fully comply with the approved planning consent. This could include discrepancies in the layout, the use of materials, or the overall design of the estate.
If these allegations are proven, they could have serious legal implications for Bellway Homes. Non-compliance with planning permission not only undermines the trust between developers and local authorities but also affects the legal rights of homeowners who purchased properties based on the original plans. In such cases, residents may be entitled to seek redress through the courts, which could result in modifications to the development or compensation.
Environmental and Infrastructure Concerns
The development at Bassingbourn Fields has also sparked concerns about its impact on the local environment and infrastructure. Residents have voiced worries about inadequate drainage systems, which have led to flooding in some areas of the estate. Additionally, the increased traffic and strain on local services have raised questions about whether the necessary infrastructure was adequately planned and implemented.
In England & Wales, developers are often required to conduct environmental impact assessments (EIAs) before starting construction. If Bellway Homes failed to address these concerns adequately, they could face legal challenges from both residents and environmental groups.
What Can Affected Homeowners Do?
If you are a homeowner at Bassingbourn Fields or a prospective buyer facing these issues, it is crucial to understand your legal rights and options. Here at KhanMather, our experienced property litigation team can assist you in navigating these complex legal matters.
1. Review Your Purchase Contract: The first step is to carefully review your purchase contract and any warranties provided by Bellway Homes. These documents will outline the developer’s obligations and your rights as a homeowner.
2. Seek Legal Advice: If you believe that Bellway Homes has breached their contract or failed to meet the required building standards, it is essential to seek legal advice. Our team can help you assess the strength of your case and advise on the best course of action.
3. Consider Legal Action: In cases where defects or non-compliance issues are severe, you may need to consider legal action. This could involve pursuing a claim for compensation or requiring the developer to rectify the problems.
4. Engage with Local Authorities: If there are concerns about planning permission or environmental impact, engaging with local authorities may be necessary. They can investigate these issues and take action if the developer has violated regulations.
Conclusion
The situation at Bassingbourn Fields highlights the importance of vigilance when purchasing new-build properties. While many developments proceed without issue, cases like this underscore the need for thorough due diligence and, when necessary, legal intervention.
At KhanMather, we are committed to protecting the rights of homeowners and ensuring that developers are held accountable for their obligations. If you are experiencing issues with your property at Bassingbourn Fields or any other development, our team is here to provide the legal support you need.
For more information or to schedule a consultation, please contact our Property Litigation Team today on 0161 850 9911.
by Saqib Khan | Aug 27, 2024 | General, Litigation
In the realm of property ownership, the allure of a brand-new home is undeniable. The crispness of freshly painted walls, the gleam of stainless steel appliances, and the promise of modern amenities often make new builds an attractive option for many homeowners in the UK. However, amidst the excitement of moving into a newly constructed property, there lies the potential for unexpected issues: new build defects.
At KhanMather, we understand the complexities involved in navigating the intricacies of new build defects and the potential claims that may arise as a result. In this blog, we aim to shed light on this often-misunderstood area of property law, empowering homeowners with the knowledge they need to protect their investment and assert their rights.
Understanding New Build Defects
New build defects encompass a wide range of issues that can arise in newly constructed properties. These defects can vary in severity, ranging from minor cosmetic imperfections to more serious structural flaws that compromise the safety and habitability of the home. Common examples of new build defects include:
- Structural Issues: Cracks in walls, subsidence, or issues with the foundation.
- Water Leakage: Leaking roofs, windows, or plumbing systems leading to dampness or mold.
- Poor Workmanship: Defective installation of fixtures, fittings, or appliances.
- Incomplete Construction: Unfinished areas or failure to meet building regulations and standards.
- Electrical and Mechanical Failures: Faulty wiring, heating systems, or appliances.
Identifying these defects early on is crucial, as they can worsen over time and potentially decrease the value of the property. Moreover, certain defects may pose health and safety risks to occupants, necessitating prompt action.
Your Rights as a Homeowner
In the UK, homeowners are protected by various laws and regulations that govern the construction and sale of new build properties. The most notable of these is the Consumer Code for Home Builders, which sets out the standards of conduct that homebuilders must adhere to when selling properties. Additionally, homeowners may have recourse under the Defective Premises Act 1972 and the common law principle of negligence.
Under these provisions, homeowners have the right to expect that their newly constructed home is of satisfactory quality, fit for purpose, and free from defects. Should defects arise, homeowners may be entitled to pursue a claim against the builder, developer, or relevant parties involved in the construction process.
Pursuing a Claim
Successfully navigating a claim for new build defects requires a strategic approach and a thorough understanding of the legal framework. At KhanMather, our team of experienced property solicitors is dedicated to helping homeowners assert their rights and obtain the compensation they deserve.
Key steps in pursuing a claim may include:
- Documentation: Gathering evidence of the defects, including photographs, reports, and correspondence with the builder or developer.
- Expert Assessment: Obtaining expert opinions from surveyors, engineers, or other specialists to assess the nature and extent of the defects.
- Negotiation: Engaging in negotiations with the builder or developer to reach a resolution, which may involve repairs, compensation, or other remedies.
- Legal Action: Filing a claim through the courts if a satisfactory resolution cannot be reached through negotiation.
Conclusion
While the prospect of new build defects may seem daunting, homeowners can take comfort in knowing that they have legal protections and avenues for recourse. By partnering with a reputable law firm like KhanMather, homeowners can navigate the complexities of new build defect claims with confidence, ensuring that their rights are upheld and their investment is safeguarded.
If you believe that your new build property is affected by defects, we encourage you to reach out to our team for a confidential consultation. Together, we can work towards achieving a fair and just resolution, allowing you to enjoy your home with peace of mind.
by Saqib Khan | Aug 8, 2024 | Litigation
Introduction: In the dynamic landscape of real estate development, disputes between developers and stakeholders can arise, often leading to legal action. Whether you’re a homeowner, investor, or contractor, understanding your rights and legal recourse is paramount when facing issues with a developer. At KhanMather, we specialize in navigating the complexities of such cases, ensuring our clients receive the justice they deserve. In this blog, we explore the process of bringing a claim against a developer in the UK, shedding light on key considerations and strategies.
Understanding Your Rights: Before initiating legal proceedings, it’s crucial to assess your rights and obligations under the law. Depending on your role in the development project, you may have different avenues for recourse. Homeowners, for instance, are protected by various regulations, including the Consumer Code for Home Builders and the Defective Premises Act 1972, which impose obligations on developers to deliver properties of satisfactory quality.
Identifying Grounds for Claim: To build a strong case against a developer, it’s essential to identify grounds for your claim. Common issues include construction defects, delays, breaches of contract, and failure to adhere to planning regulations. Thorough documentation of the issues, including contracts, correspondence, and evidence of damages, is crucial in substantiating your claim.
Seeking Legal Advice: Navigating the legal intricacies of a dispute with a developer can be daunting, requiring expert guidance. At KhanMather, our team of experienced solicitors specializes in real estate litigation, offering tailored advice and representation to clients embroiled in developer disputes. From initial case assessment to negotiation and litigation, we provide comprehensive support at every stage of the legal process.
Exploring Alternative Dispute Resolution: In many cases, pursuing litigation may not be the most efficient or cost-effective solution. Alternative dispute resolution methods, such as mediation or arbitration, offer parties the opportunity to resolve their differences amicably outside of court. Our solicitors are skilled negotiators, adept at exploring these avenues to achieve favorable outcomes for our clients while minimizing time and expense.
Initiating Legal Action: If all attempts at negotiation fail to yield a satisfactory resolution, initiating legal action may become necessary. This typically involves issuing a Letter Before Action, outlining the details of your claim and the desired outcome. Subsequent proceedings may include court hearings, witness testimony, and expert evidence presentation. Throughout this process, our solicitors provide steadfast advocacy, tirelessly pursuing our clients’ interests in pursuit of justice.
Conclusion: Bringing a claim against a developer requires careful navigation of legal complexities and strategic planning. At KhanMather, we understand the challenges faced by individuals and businesses embroiled in disputes with developers and are committed to delivering tailored solutions that meet our clients’ needs. If you find yourself in such a situation, don’t hesitate to reach out to our team of experienced solicitors for expert guidance and representation. Together, we’ll work tirelessly to protect your rights and achieve a favourable outcome.
by Saqib Khan | Jul 16, 2024 | Employment law, Litigation, People, Personal injury
In the intricate web of legalities, there are often scenarios that challenge the boundaries of personal rights and responsibilities. One such complex yet pertinent issue is trespass to the person, particularly in cases where an employee faces physical harm at the hands of their employer’s family member. In this blog post, we delve into the legal intricacies surrounding such incidents, shedding light on the rights of the aggrieved party and the potential legal recourse available.
Imagine this scenario: a dedicated servant diligently performs their duties within the confines of their employer’s residence, only to face a violent altercation initiated by the employer’s son. Such situations not only raise concerns about workplace safety but also prompt legal questions regarding liability and accountability.
Trespass to the person, a fundamental concept in tort law, encompasses a range of wrongful acts that directly infringe upon an individual’s physical integrity. These acts can include assault, battery, false imprisonment, and intentional infliction of emotional distress. In the context of the scenario described, the assault perpetrated by the employer’s son against the servant constitutes a clear instance of trespass to the person.
The legal ramifications of such an act are multifaceted. Firstly, it’s essential to establish the liability of the employer for the actions of their son. Under the principle of vicarious liability, employers can be held responsible for torts committed by their employees in the course of their employment. However, extending this liability to cover actions committed by family members of the employer requires careful examination of the specific circumstances and the nature of the relationship between the employer and the perpetrator.
Moreover, the severity of the assault and its impact on the victim are crucial factors in determining the legal consequences. In cases of physical harm, the victim may be entitled to compensation for medical expenses, loss of earnings, pain, and suffering. Additionally, punitive damages may be awarded to deter similar conduct in the future and to symbolize societal condemnation of the wrongful act.
From a legal standpoint, victims of trespass to the person have the right to seek justice through civil litigation. By initiating legal proceedings against the responsible parties, they can assert their rights and hold wrongdoers accountable for their actions. Furthermore, pursuing legal action sends a powerful message about the importance of upholding the principles of justice and fairness in society.
At KhanMather, we understand the complexities involved in trespass to the person cases and are committed to providing comprehensive legal assistance to victims seeking redress. Our team of experienced solicitors specializes in tort law and is dedicated to advocating for the rights of individuals who have been wronged. If you or someone you know has been a victim of assault or battery, don’t hesitate to contact us for expert guidance and support.
In conclusion, incidents of trespass to the person, such as the one described in the scenario, underscore the significance of safeguarding individual rights and holding perpetrators accountable for their actions. By navigating the legal landscape with diligence and expertise, victims can pursue justice and ensure that their voices are heard. At KhanMather, we stand ready to offer our unwavering support to those in need, upholding the principles of justice and fairness every step of the way.
