Success in The First Tier Tribunal (Criminal Injuries Compensation)

The Personal injury team were delighted with the success they achieved for a client in the First-Tier Tribunal recently. Our client had been the victim of a serious assault and suffered both physical and psychiatric injuries. The Criminal Injuries Compensation Authority (CICA) had failed to acknowledge the severity of the injuries, making two appallingly low offers to our client, the first £2000 and then on review reducing this to £1000!

We represented the client on appeal to The First Tier Tribunal (Criminal Injuries Compensation) and after a hard-fought battle, both the client and R&N were thrilled and very satisfied to recover the much improved and appropriate award of £19,000 together with a contribution towards the costs of proving the issue, which is not always awarded as the Tribunal only has a discretion on costs.

The CICA was established to manage the criminal injuries compensation scheme in Britain and they are responsible for the administration of compensation payments to those who have suffered injuries as a result of a crime of violence in England.

It can be a daunting and complicated process working with CICA, so obtaining expert support and advice from an experienced professional is vital.

The Personal Injury team supported their client through the process and by working alongside them challenged the clear injustice of the earlier CICA awards.

By accepting instructions on a contingency fee basis, we were able to demonstrate to the client that we believed in his appeal, could see the injustice and would be prepared to put our own ability to recover fees on the line, contingent on the success of the appeal.

We were appalled at how the CICA had handled this initial claim. They demonstrated a complete disregard to the serious consequences of the client’s assault, so we were determined to assist and take the case to the appropriate level to achieve a fair and appropriate award. We were delighted with the outcome for such a deserving client.

There are several important issues to consider before deciding to make a CICA claim

• Don’t wait for the outcome of the Court Hearing. CICA has time limits and can reject your claim if it is received later than 2 years after the assault. Apply immediately and once the Court Case has been decided, tell the CICA – even if your assailant is not convicted, you may still receive compensation.
• Make sure the Police have a statement from you. If you called the Police following an assault but were not able to give them a statement at the time as you were being rushed into hospital, make sure you follow it up. CICA must have a report and must be satisfied you cooperated with the Police.

The talented Personal Injury team have a wide depth of knowledge and experience in dealing with claims arising from crimes of violence and will ensure that the claim presented to the CICA is maximised. This is a further area of expertise which highlights the breadth and scope of the teams’ prowess and ability to represent clients in all aspects of personal injury law.

EACH Silver Award

29th Jan 2020

Practice Manager Aidan Tidnam together with HR Manager Ellie Walpole, were delighted to be presented with a silver plaque by Carol Plunkett from East Anglia’s Children’s Hospice, in recognition of the funds raised over the last three years in aid of the fantastic Nook facility in Framingham Earl.

The state of the art hospice is now finished and will enable EACH to help and support a larger number of children and their families needing assistance in the region.

The new hydro pool is particularly popular as it offers therapy to children who have never had access to such a great resource before.

We are continuing to support EACH by offering sponsorship to an upcoming ball in aid of further funding.

Celebrity Divorce Settlement

The media has been awash recently with reports on the recent financial settlement between Ant McPartlin (I’m a Celebrity) and his estranged wife, Lisa Armstrong.

The couple’s separation in 2018 following an 11 year marriage and their subsequent divorce, has been hugely publicised and culminated with reports last week that the couple were able to reach a financial agreement. It is said Ms Armstrong is to receive £31 million, from the share of the matrimonial assets of approximately £50 million, which includes the couples’ £5 million former matrimonial home in West London.

It is also said the couple have agreed to share the care of their dog Hurley who will spend time with each of them.

Many reports in the press have focused on the unequal division of the matrimonial assets. Whilst we are unable to comment specifically on how the financial agreement was reached between Mr McPartlin and Ms Armstrong, the starting point for long marriages such as theirs is an equal division of all assets including those held in sole and joint names.

In certain circumstances there may be a justifiable reason to depart from equality due to the needs of one of the parties. Section 25 of the Matrimonial Causes Act 1973 sets out the criteria to be considered when reaching any financial settlement following a separation, which include: the income, earning capacity, property and other financial resources of the parties; the financial needs, obligations and responsibilities of the parties; the standard of living of the family before the breakdown; the age of the parties and duration of the marriage; any physical or mental disability of either party; the contributions the parties has made or is likely to make in the future and the conduct of the parties. The paramount consideration of the Court when considering any financial agreement reached by separating parties is the welfare of any children.

Mr McPartlin and Ms Armstrong were able to reach a financial agreement outside of the Family Court. There are many ways in which separating couples can reach an agreement on how to separate the matrimonial assets, either by coming to an agreement between themselves; negotiations through solicitors; attending mediation with a family trained mediator; by entering into the collaborative process which involves the parties giving absolute commitment to avoid Court proceedings and as a last resort asking the Court to determine how the financial assets should be separated between the parties.

Our experienced Family Team have dealt with cases where one spouse receives a larger capital settlement to offset the loss of the other spouses’ earning potential. In Mr McPartlin and Ms Armstrong’s case, Ms Armstrong worked as a make-up artist and Mr McPartlin was a TV presenter earning a considerable salary. It is quite possible Ms Armstrong’s need for income has been factored into the capital sum she has been awarded as has been the case in a number of our previous cases.

The Family Law team appreciate that the breakdown of any family relationship is always very stressful and difficult. Every family is different and needs help and support tailored specifically for them. The team focus on providing advice that is sensitive, practical and affordable. The aim is to keep ill feeling and conflict to a minimum and reach a constructive, positive settlement.

If you are separating from your partner and wish to discuss formalising your separation by way of a divorce or civil partnership dissolution, or you would like further advice on resolving the financial issues arising as a result of your separation please do not hesitate to contact our Family Team.

Compulsory Electrical Checks for Buy to Let Landlords

More changes are on the way for anyone with a residential buy to let property, whether it is a single property or a substantial portfolio. The draft Electrical Safety Standards in the Private Rented Sector (Electrical Safety Regulations) were laid before Parliament in January 2020, with the Government expecting it to become law on 1st April 2020.

The regulations will only relate to England, with new tenancies having to be checked at the beginning of the tenancy and then every five years. For existing tenancies, the properties will have to be checked by 1^st April 2021 and then every five years.

Where they apply, the Electrical Safety Regulations will require private landlords to ensure the electrical safety standards in the 2018 edition of the IET wiring regulations (BS7671:2018) are met, whenever those premises are let under a tenancy. There will be a further duty on landlords to ensure that a qualified person inspects every fixed electrical installation at least every five years and issues a report.

As with gas appliances, a copy of the electrical safety report produced following the inspection will have to be supplied to the property’s tenants.within 28 days of the inspection. If remedial work is required, the landlord must carry it out within 28 days (or sooner, if indicated by the report).

As drafted, the Electrical Safety Regulations will apply to any tenancy of residential premises that grants one or more persons the right to occupy all or part of the premises as their only or main residence and which provides for payment of rent. Certain tenancies are, however, excluded from the regulations, these include those granted by social or resident landlords; long leases or tenancies granting a right of occupation for a term of seven years or more; student lettings in halls of residence and tenancies granted to occupiers of hostels; refuges; care homes; hospitals or hospices.

Local authorities will be given powers to enforce the Electrical Safety Regulations, with different regimes applying to urgent and non-urgent remedial work. Local authorities will also have the power to impose civil penalties on private landlords for breach of their obligations, up to a maximum of £30,000.

The government had hoped to bring in the new regulations earlier but was persuaded that landlords and letting agents should be given time to cope with the avalanche of other regulations in the pipeline.

The testing should have a limited impact on good professional landlords and agents in the market, many of whom already voluntarily undertake these inspections.

Our residential Property team work closely with a wide variety of Buy to Let investors, whether they are looking at buying their first property, are intent on building a portfolio for the future, or are managing established investments. Rogers & Norton have wide experience, knowledge & understanding of the Buy to Let Market meaning it can support landlords through the regulations involved with the dealing with all aspects of your transactions.

Capital Gains Tax Changes for Residential Property Transactions

As the 31st January deadline looms for the submission of trust, estate and personal tax returns, there is another significant date on the horizon for taxpayers, solicitors and other advisors dealing with residential properties.

A little known policy paper published by HMRC in July last year, set out the new payment window for residential property gains. HMRC’s intention in introducing the policy was to “ensure tax is paid sooner in respect of gains from residential property to reduce error and increase compliance”.

This will fundamentally change reporting and payment of capital gains tax (CGT) for residential property sales.

Considering it is such a large change and it will be happening quite soon, there is a general lack of awareness amongst taxpayers of how the new rules will impact disposals of residential property after 6 April 2020. It is certainly something that needs to be considered by those anticipating residential property sales in the first half of 2020.

Currently, where a CGT liability arises for UK residents on the sale of a residential property, the liability is declared through self-assessment tax returns and payable by 31 January following the tax year in which the gain arises.

From April 2020, where there is a disposal of a residential property by UK resident individuals, as well as non-resident individuals and companies, a CGT return will need to be submitted to HMRC within 30 days of the completion of the disposal and a payment on account of the full calculated CGT liability will be payable within the same 30 day window.

The calculation of the amount payable will take into account an individual’s annual exemption and any unused losses that may be available. A “reasonable estimate” of the individual’s income for the year will need to be made in order to calculate the CGT liability, due to the effect of income levels on the CGT rate to be applied.

For disposals by UK residents, the new reporting requirements will not apply where the gain on the disposal, taking into account any other disposals made in the same tax year, is not chargeable to CGT. This may be the case where the gains are relieved in full by principal private residence relief, or covered by the annual exemption or unused losses.

These reporting requirements will also not apply where the gain arises from the disposal of a foreign residential property in a country covered by a CGT double taxation agreement, or arises to a person taxed on the remittance basis.

The Property team at Rogers & Norton are experienced and knowledgeable and have a full understanding of a wide variety of property transactions, from helping first time buyers to buy to let investors and property developers. The team are not able to advise you on your tax affairs – it is important to seek advice from specialists.