Category: Lawyer

Taking action with healthcare barristers

In the UK, we’re very lucky to have access to the National Health Service as well as private medical services. While most people receive good treatment via both private clinics and NHS providers, sometimes things do go wrong.

If a physician is negligent, for example, it can have catastrophic consequences. By failing to provide the right treatment, a doctor could potentially cause a fatality or subject a patient to additional treatment.

In some instances, this type of medical negligence can also cause patients to suffer long-term effects. Due to the severity of this, it’s important to take action if you’ve been the victim of a medical error. By seeking help from healthcare barristers, you can find out if you’ll be able to launch a medical negligence claim and, if so, what the likelihood of success is.

Obtaining compensation for medical negligence

When you take action with direct access barristers following a medical error, you may be able to obtain compensation. Whilst this won’t remedy the situation and give you back your health, it can provide practical help.

If medical negligence has left you unable to work, for example, public access barristers could help you to claim back the cost of your lost income and your future loss of earnings. While your health is always more important than your finances, money worries can cause a lot of stress.

By obtaining compensation with help from healthcare barristers, you can focus on recovery and dealing with any long-lasting symptoms, rather than worrying about your financial situation.

In addition to this, taking legal action with direct access barristers may increase awareness of medical negligence. In doing so, you could encourage healthcare providers to revise their existing regulations in order to ensure that no-one suffers in the same way you have.

Working with direct access barristers

When you take action with barristers direct, you can reduce the cost of obtaining legal assistance significantly. Rather than paying a solicitor and a barrister, you can simply talk to a public access barrister directly and obtain the help you need.

With over 1,000 experienced barristers providing direct access services, you should find it easy to access legal advice. To find out more, why not get in touch with a public access barrister today?

Save Money And Use A Barrister To Avoid A Driving Ban Or Disqualification

Due to recent changes in the law you can now go directly to a barrister for legal advice or representation therefore saving you hundreds of pounds in solicitor fees. Our barristers can provide you a free no obligation quote for any potential driving ban or disqualification which can be a fixed fee or hourly rate. This all depends on your individual circumstances and you can request this because we’ve access to over a 1000 barristers in over 200 chambers in England and Wales.

Speeding offences are the most common road traffic offence in the UK, with around 55,000 motorists summoned to court for speeding offences every year. If you wish to contest a speeding ticket you cannot simply use the excuse “I didn’t realise I was speeding” as your defence because any barrister won’t even consider contesting this in court. Our barristers are aware of valid grounds of contesting a speeding ticket and we can challenge the accuracy of the speed camera as one factor of the case.

Another common offence is careless and dangerous driving where the police are often to quick to form an opinion without giving full consideration to all the evidence. Many of our clients have gone on to win these cases often with the Crown Prosecution Service dropping the charges before the case has even begun.

The next common case is failure to identify the driver and just because you’ve been charged with this doesn’t necessarily mean you’ve done anything wrong. Because there could be insufficient information in the date, time and location of the alleged traffic offence. All information should be precise and missing information can result in the prosecution failing.

Another very common motoring offence is a totting-up disqualification. Once you’ve reached 12 points on your driving licence the court will immediately impose a driving ban for a minimum of 6 months. If you are found in this unfortunate situation then you need to try and convince the magistrates not to disqualify you from driving. The only reason that can be used is if evidence of “Exceptional Hardship” is presented to the court. Our expert barristers can help you work through a list of reasons to present to the judge including how you need your licence for work, if you were to lose your job if you lost your licence, if other employees depend on you, number of years driving etc.

Mobile phone offences have increased dramatically over the last 10 years with the influx of mobile phones. This includes using the phone whilst driving either speaking or texting. But mobile offences can be a little confusing because were you actually driving at the time or was you stationary, were you actually on a public road, can the police actually prove you were using the phone and lastly was the phone being using hands-free.

One of the most serious motoring offences is driving without insurance. But there are some loopholes here our barristers can help you with in your defence. These include vehicle ownership, fleet insurance or motor trader policy, accidental (insurer cancelled the policy) and misled i.e. confusing policy wording.

Call us today for expert legal advice and a free no obligation quote to see if you can challenge your motoring offence and let Barristers 4U find the right legal representation for you.

How has the recent changes to provision of legal services affected your purchase of legal services?

Accessing a lawyer or any kind of legal aid is, for many of us, a scary decision. These are the people that know The Rules. You know the ones, The Rules to living life which we are all overly cautious to avoid breaking. Sure, maybe we’ve broken one or two minor ones accidentally—just a few miles per hour over the speed limit when we’re stressed from a long day at work, or perhaps left the store having forgotten to pay for a chocolate bar, only to realise once you’re at home—but as a society in general most of Britain are rather nervous when approaching someone ‘of the law’.

Another factor preventing many people from accessing the legal aid that they deserve, is the cost. Solicitors rarely represent a client in court, so they need to hire out a Barrister to represent you, at extra cost to yourself. Between the solicitor, court fees, Barrister fees, a court case could cost you thousands of pounds. Without knowing exactly how much you will spend, it is difficult for to decide the best way to handle your own claim.

There are so many of us that don’t know what we would be entitled to. Perhaps it’s all the going backwards and forwards between lawyers and judges, or maybe that we don’t understand the language of law, but whatever the reason is, the whole legal aid process is typically seen as a hassle which has a reputation to take months, or even years, to settle a dispute.

What if I told you, that has recently changed? That you can now access legal services from the comfort of your own home? What if there was a way to combat all three of these problems with one, easy to use, simple website? Barristers4U is an online Chamber company based in Cardiff which provides a range of Barristers, from motor to civil dispute, to businesses and the public. All it takes is one online form to be able to talk to a Barrister and obtain legal advice and service. The great thing about Barristers4u is that it cuts out the middle man – the solicitor – saving you time, hassle, and cost. The Barristers will provide you with an upfront quote for their services, meaning you don’t have to worry about extra costs building up; you know what you’re getting, and how much it will cost you. Barristers can charge less than solicitors as they have a smaller overhead fee, and they don’t need to charge for offices and administration.

Barristers4u are friendly and helpful, so you don’t have to worry if seeking legal advice is something you are nervous about. Once you’ve submitted your enquiry, a Barrister will be in touch to discuss your case with you. Your quote is free, with no obligation, and there are thousands of Barristers across England and Wales so you can compare quotes and services, meaning you are able to choose a Barrister which you believe is best suited to your needs. All the Barristers are accredited and regulated by the Bar Standards Board so you won’t lose out on quality or expertise. In fact, it’s quite the opposite. Barristers4u puts you in the driver’s seat, so you can have your say on your case. They can even help you set up a video conference with your Barrister to ensure secure meetings wherever you are.

All too often, if we do create a case, we hand it over to the legal team, thinking they know better than us. In doing this, we don’t fully understand the decisions being made, and are more vulnerable to a cost that is much bigger than our budget. We may end up with a decision that we aren’t fully satisfied with, and the entire case is out of our hands. You are the most important person in your case, so imagine how empowering it would feel to be able to take control of your case despite having no legal experience. The direct access Barristers make that possible for you, listening to exactly what it is you want from your case and always making sure you are consulted in every decision.

Public access Barristers have been available since 2004, but this service wasn’t as readily available in Wales; Barristers4u are the first online direct access company to operate in Wales. This is completely reinventing the way we can obtain legal services; thanks to the internet and the public access Barristers, professional legal advice is just a click of a button away, like adding a carton of milk to your online basket. Just go to Barristers4u at anytime, anywhere, for free, no obligation quotes and find the best Barrister for you. 

Go straight to an expert for your land dispute

If you are a property owner, then chances are at some point you’ve had some level of involvement in a dispute concerning land boundaries, access, right of way or encroachment. Land disputes can become intensely personal and emotional, given that, more often than not, the other party is a neighbour or family member.

Or perhaps you are dealing with issues concerning the enjoyment of your own property and use of your own land.

If either scenario is applicable to you, you are strongly advised to seek legal advice from the outset.

Property disputes can range from the erecting of a fence by a neighbour that encroaches upon your land, to an issue concerning a right of way up a lane that accesses your property. These are all disputes which can be a drain on your valuable time, emotions and your wallet.

Property disputes are often bitterly, long fought-out disputes and can ultimately be costly too.
For that reason, property law matters need to be handled in a professional and knowledgeable manner. Instructing a Barrister from the outset can assist you greatly in achieving the best outcome or compensation available, given that Barristers are specially trained in negotiation and fully versed in any applicable principles of law.

Most of the legal principles involved in property disputes call for no less than an expert in property law. Barristers are highly trained individuals who have spent many years in study and training to reach the stage of being called to the Bar. In medical terms, they would be Consultants. Therefore, when you contact a Barrister in relation to your property dispute via Barristers4U, you can be assured that you’re getting an expert in that field. A Barrister who has attended to many such proceedings and who is technically sound on all aspects of the governing law.

It’s always advisable to seek out an expert to handle your property dispute. The complexities of the law involved and Court appearances mean that it is imperative you engage an expert of the highest calibre to assist. A Barrister is the most highly qualified legal representation available to the public, and it is always worth engaging him/her from the outset in order that they are fully up to speed on all details well in advance of any Court date.

Don’t forget that most property disputes don’t make it into Court and can usually be agreed outside the doors of the Courtroom. Instructing a Barrister from the outset can assist you greatly in achieving the best outcome or compensation available.

If you’ve recently had issues concerning your property, and are unsure of how to proceed in order to have such issues rectified and to receive the correct compensation, a Barrister will immediately steer the ship for you. Contact us today to find an expert in property as well as the art of negotiation, so you can get your dispute solved sooner rather than later.

When can civil dispute barristers help?

When a disagreement occurs between two individuals or an individual and an organisation, it’s often referred to as a civil dispute. Unlike criminal cases, a civil dispute doesn’t involve the police and there is no evidence of unlawful behaviour. Despite this, civil disputes can have a significant impact on the people affected.

Civil dispute barristers may assist on matters such as defamation, negligence, trespass and property claims. In addition to this, barristers who specialise in civil disputes may also advise on claims concerning intellectual property, probate or competition.

Due to the complexity of these claims, both claimants and defendants are likely to need expert legal assistance. Whether you want to bring a civil claim or need to defend one, it’s likely that you’ll need advice from a civil dispute barrister at some point.

Can you afford to access legal advice?

Even when people feel that they have been wronged, they can delay making a claim or launching a case. Often, potential claimants are worried about the cost of seeking legal advice and this can prevent them from taking action.

Although the legal system has implemented changes to make the process more accessible, many people still find it difficult to access cost-effective legal advice. Indeed, the cuts to Legal Aid mean that fewer and fewer people are able to seek legal help when they need to do so.

Fortunately, using a direct access barrister helps to cut costs and ensures that claimants and defendants can access help, as and when they need to.

When working with public access barristers, you can approach them yourself and discuss your situation with them. Instead of paying a solicitor and a barrister, you can simply instruct a direct access barrister to handle the matter on your behalf, if you choose to do so.

Working with a direct access barrister

Before you instruct any barrister to carry out work on your case, however, you’ll want to get an estimate of how much you’ll need to pay and what the likely outcome of the case is. With direct access barristers willing to provide a free quote, you’ll have all the information you need before you decide whether or not you want to move forward.

To learn more now, why not contact a public access barrister today?

Do you need access to criminal barristers?

If you find yourself charged with a crime, you may need access to specialist legal help. Before being interviewed by the police, you should be offered the opportunity to liaise with a solicitor. Following this, however, you’ll need to arrange your own legal representation.

Although some people are able to access Legal Aid to help fund representation for criminal matters, a significant number of people don’t qualify for this type of assistance. Despite this, costly solicitor’s fees may mean that they’re unable to access the help they need.

Due to the seriousness of a criminal charge, it’s vital that you get the advice and representation you need if you’ve been accused of acting unlawfully. A criminal conviction could affect every part of your life so you’ll want to ensure that the matter is handled properly.

Using direct access barristers

Generally, people assume that you have to contact a solicitor before a barrister is instructed but this isn’t true at all. Using direct access barristers can enable you to access the legal expertise you require but can reduce the cost involved.

Rather than paying a solicitor and a barrister, for example, you can contact a criminal barrister directly and obtain the help you need. Whilst the CPS may have decided to prosecute you, a barrister could be able to help you get the charges dropped or reduced. Alternatively, if the matter goes to trial, a criminal barrister can defend you in court and will try to ensure you’re acquitted of all charges.

Getting legal advice before you go to court

Although any area of law can be complex, criminal law can be particularly complicated so it’s important to liaise with an experienced criminal barrister before attending court hearings. When working with a public access barrister, you can speak with him or her directly and determine how the situation will proceed.

You can even contact a range of direct access barristers to find out more about the help they can offer. In addition to this, a public access criminal barrister will be able to provide you with a quote before undertaking any work.

To access legal help today, why not get in touch with a direct access barrister?

When You’re Really Not Fired!

Alan Sugar on the Apprentice makes it easy to fire employees but in reality its never that simple. We all know people that let TV go to there head and try to fire employees in the same way as Alan Sugar does but this is ultimately unfair dismissal.

Your Employment Contract

First and foremost when you are employed everyone is given an employment contract which you must read and sign before you actually start working. Dismissal defined is when the employer terminates the contract of employment. In here contains the details of notice period aswell as accrued holidays, all of which change depending on length of service. The employment contract is a legal binding contract between employer and employee which is the first place to look when considering any employment dispute.

There must be a valid reason to dismiss an employee and you cannot just simply say “Your Fired!”. There isn’t actually a de facto standard / process to sacking someone and each case will be based on its own individual evidence. Human resource departments often found in large organisations are setup to ensure all employees are treated in a fair manner. In smaller organisations this is often left to an individual whose also has several other roles.

However its a legal obligation that all employers must treat all employees in a fair manner, no one is except from this. Upon a fair dismissal the employer should make it aware and present the facts to the employee of any performance or misconduct issues. If done rightly the employers should follow a consistent and fair approach. Dismissal might not always be the right recommendation based on the initial meeting because performance issues can be improved with training plans and misconduct issues can be fixed with the apology. Both of which depends on the employees attitude to correct the situation. But if the employer decides to dismiss the employee then there are several legal ways this can be done.

Ordinary Dismissal Claims

Most people a familiar with ordinary dismissal and covers both the employee and employer. Its when notice is given by the employee or employer to terminate the employment contract. The grounds for ordinary dismissal often include performance and misconduct. Meetings should be given before the dismissal and the employee give every chance to correct this before the dismissal is issued.

Summary/Immediate Dismissal Claims

In cases of serious and/or gross misconduct a summary / immediate dismissal can be implemented. No notice period has to be given here and will often be escorted out the building with all privileges taken away.

Constructive Dismissal Claims

This is where the employee resigns as a result of the employers poor conduct often including such behaviours as bullying or harassment. This often lead into a legal case where employment barristers can help you with legal advice and getting evidence together to potentially claim compensation for your constructive dismissal claim.

Wrongful Dismissal Claims

This is where the employer doesn’t follow the employment contract, most common cases are incorrect notice period. Often leading the wrongful dismissal claims where the employer can get their job back or even compensation.

Unfair Dismissal Claims

Unfair dismissal claims only applies to employees with 2 or more years service with the employer. Grounds for this are often around asserting a statutory right, trade union activities or even making a protected disclosure (ie whistleblowing).

Redundancy

Redundancy carries two strict legal meanings and applies to employers in the following;

  • stops carrying on the business for which a particular employee was employed, either completely or in the place where the employee works;
  • stops requiring employees or requires fewer employees to carry out work of a particular type, either at all or in the place where the employee works.

It is difficult to argue against redundancy but most redundancies come with a compensation package.

Help is at hand

At Barristers 4U our expert employment barristers provide legal advice and legal representation on your employer disputes, employment contracts, ordinary dismissal, summary dismissal, constructive dismissal, wrongful dismissal, unfair dismissal and redundancies.

Its never a good experience going through any sort of dismissal but if you ever feel you’ve been treating unfair and unjust then speak to one of our legal representatives today to discuss your options with an employment barrister and even get a free no obligation quote.

Negotiating your divorce with cost-effective legal help

The dissolution of a marriage or civil partnership can be a traumatic time for everyone involved. In addition to the emotional impact of the separation, there are many practical issues to address too. Perhaps most importantly, is the split of any finances and assets you and your spouse share, as well as the custody of any children you may have.

Whilst a couple may want to negotiate the terms of their divorce amicably, this isn’t always possible. Unfortunately, there can be hurt feelings, animosity and a sense of betrayal when a marriage ends, and this may make it difficult for the parties to negotiate fair terms.

Due to this, it’s often best to consult a legal professional when you’re considering divorce. Working with direct access barristers ensures that you can gain advice and assistance, without any unnecessary costs.

Reducing your costs with direct access barristers

When handling a divorce, many people seek help from a solicitor or paralegal. Whilst they may be able to assist with certain elements of the divorce agreement, it’s likely that you’ll need the services of a family barrister when the matter goes to court.

By consulting a family barrister directly, however, you can reduce the overall cost of your divorce. Rather than paying a solicitor to instruct a barrister on your behalf, you’re free to choose a direct access barrister who can represent you and handle your divorce settlement in its entirety.

Getting a fair settlement

As people tend to assume that accessing legal help is costly, they can be wary of consulting with a solicitor or barrister. Unfortunately, this can result in them losing out on what’s rightfully theirs. If you aren’t aware of what the law entitles you to, you could agree to a divorce settlement which provides you with far less than you should receive.

Obtaining professional help needn’t be overly expensive and it could help you to save a significant amount of money in the long run. Consulting with a family barrister directly could even reduce your costs further and ensure that you benefit from a fair settlement.

To find out how a direct access barrister could help, why not get a free quote today?

Alternative Business Structures – ABS

The introduction of alternative business structures is intended to promote “innovation”, and “diversity” in the provision of legal services. A quarter of all legal service providers have introduced a new improved service in the last three years or under an ABS have emerged to offer additional added value services and include other professional service providers such as accountants.

Whilst many legal service providers choose to innovate innovate and offer new services many Barrister’s chambers have chosen to offer their services directly through the public access scheme and continue to innovate around this offering and acknowledge the need for a more “client focussed” approach.

Direct Access Portal

The direct access portal run in association with the Bar Council, the professional body representing barristers allows businesses and individuals the  access  to a register to find a barrister, mediator or arbitrator. Not all barristers are listed, only those who choose to undertake public access work, and they are restricted to what they can do. The direct access portal was designed to make it easier for the general public to access specialist barristers with effective legal representation. It should hopefully provide a point of access, and hopefully break down the  barriers for certain individuals, small and medium sized businesses to instruct barristers directly

Social Media

In Brief, “Direct Access” barristers can represent clients in court and tribunals, they provide specialist legal advice. Many barristers are aware of the benefits of social media and it is now common place for many of them to be using social media platforms to provide legal updates or free information. The changes in technology will continue to drive the process of change and are slowly redefining the mentality of barristers who are slowing tapping into new markets in this way. With the tech environment ever changing, the legal profession will have to keep up, especially with the changes in technology.

Barristers4u

One innovative company, which are making ground breaking headlines, is Barristers4U. They have 1,000 accredited barristers throughout England and Wales and seek to provide clients who have a legal dispute with a wider choice of legal adviser, saving them valuable time and effort in searching and of course cost.

Overall, the wider use of technology to assist clients to search for a solution and legal adviser is on the increase and those able to to deliver in innovative ways will provide  a positive route for all involved.

The Barrister / Solicitor Choice

Many may think barristers and solicitors are almost identical, but it can be said they are far from it. They are qualified legal professionals, who provide support and advice to their clients. Nevertheless, there are subtle differences that can change the circumstances to choose a “type” of lawyer.

Usually, many would ask their local solicitor for legal advice. They are fairly more convenient for them to approach, and are more accessible. Solicitors amount to 181,347 in the UK, compared to the number of barristers totalling to roughly 18,000. Solicitors tend to be everywhere, from your local high street to the corporate city buildings, as there is a demand for their services.

All barristers with practising certificates may work as self-employed, employed or as a dual practitioner. The majority are self-employed and tend to work alone; solicitors can work for different organisations including: commercial or non-commercial law firms, governments, banks and corporations. Both are incredibly important, tackling a wide variety of issues, but they can be argued as “different”.

A solicitor can represent in court, but they usually refer a barrister. Additionally, they would charge a referral fee towards the client. The rules have now changed, as until recently, it was compulsory for clients with a legal dispute to go to a solicitor first. The solicitor would traditionally deal with the preparation of the case, and they would instruct a barrister to represent the client at the hearing. Now, under the Public Access Scheme, individuals can remove the solicitor and go directly to a barrister to represent the client at the hearing. This would be beneficial, as the client would have to deal with only one lawyer, and get their full attention for the case strategy.  Those who had access to Legal Aid were not able to get Public Access; new rules have now widened the scheme if certain conditions are met.

There is a push for barristers to be more accessible to the general public. Many may not know about the recent changes, and Barristers4U provides a clear approach saving huge sums of money for the client.