Proposals have recently been announced to make Will Drafting and Estate Administration regulated activities for the first time. Greg Woods, Head of the Private Client Department commented, “I am delighted that moves are being made to bring more regulation into the Will drafting industry. I have seen first hand the complications that can be caused by unqualified and unregulated Will writers not providing the first class service that we pride ourselves on as solicitors. The upshot of which can often be confusion and expense incurred by the family of the deceased at a time when they could really do without it.”

Read full article here…

If you are thinking of writing your Will why not combine this with supporting Macmillan?
During the month of April 2012 Crosby & Moore Solicitors are offering to write wills ‘free of charge’ for new clients, asking clients for a suggested donation of £50 per single Will and £90.00 per double Will, to be made directly to Macmillan Cancer Support.

‘All wills written by Crosby & Moore Solicitors between 1 April   and 30 April 2012 will be written free of charge.  Please consider making a suggested donation of £50 to us for this service, which will be paid in full to Macmillan Cancer Support, however no donation is necessary.’

We have been receiving many enquiries regarding the current PIP breast implant scandal. In order to keep everyone who has made an enquiry updated, we are sending you this note. The information provided is correct as at 22nd February 2012 and is, as far as we are aware, in line with law in England and Wales.

• 40,000 women in the UK have had PIP implants. 95% of those were performed in private clinics and the remaining 5% by the NHS.

• The advice of the Chief Medical Officer remains that women with PiP breast implants do not need to have them removed unless they have symptoms such as pain and tenderness.

• There is no link to cancer and there is no clear evidence of an increased risk of harm compared to other brands of breast implants

• The NHS has confirmed that it would remove and replace the implants without charge if patients that the NHS had operated on remained concerned. The government expects the private sector to follow suit, but this has not happened ‘across the board’ as yet.

  • To date, the following private clinics have agreed to remove and replace PIP implants free of charge if clinically necessary:-

  • BMI Healthcare

  • HCA International

  • Holly House

  • Highgate Hospitals

  • Make Yourself Amazing/MYA Cosmetic Surgery

  • Nuffield Healthcare

  • Ramsay Health Care

  • Spire Healthcare

  The Transform medical group has said it will remove the implants free for its patients who had them fitted since 2001 and The Hospital Group said it would offer free removal to patients it operated on from 2001-2009; both will charge for replacements.

  
  

  If a private clinic that provided PIP implants no longer exists or refuses to help, then, so long as the patient is entitled to NHS services, the NHS will cover the cost of the removal of PIP implants if the patient’s doctor agrees there is a clinical need. This would not include the replacement of private cosmetic implants.

  • PIP Patients are being advised by the NHS to consult their GP’s if they notice any of the symptoms set out on the NHS Website –

  
  

  http://www.nhs.uk/news/2012/01January/Pages/government-review-advises-on-french-pip-breast-implants.aspx

  • The Department of Health has now set up two reviews to look at (1) how the PIP situation unfolded in the UK and (2) whether the cosmetic industry as a whole ought to be regulated.

  • It is the first of these reviews, led by Lord Howe, which is perhaps of most immediate importance to PIP patients. This review is expected to be submitted to the Health Secretary by the end of March 2012 and will assess:-

  • What information about PIP implants was available from routine systems for reporting adverse events;

  • What external concerns about PIP implants were brought to the attention of regulators, and when;

  • How these concerns and any related information were handled;

  • What information was shared between MHRA and counterpart agencies abroad;

  • What action was taken to safeguard and advise patients;

  • Whether action was sufficiently prompt and appropriate.

  
  

  “Does this mean I have a claim?”

  This still remains a difficult question to answer. However, as it is crucial to understand when the cosmetic industry (including the NHS) knew or reasonably ought to have known of the potential dangers of the PIP implants, it is hoped that Lord Howe’s review will shed some light. Some news reports have suggested that concerns were raised about implants as early as 2005, but the information we are receiving from those making enquiries are that the NHS and private clinics are advising they knew nothing about the potential problems with the implants until 2010, when the alarm was raised in France.

  If a claim in law is possible, then it is likely to be in contract and/or in negligence. It may be possible to claim for the reasonable cost of further surgery and for the pain, suffering and stress of a further operation.

  If you have discovered that the clinic where you had your implants is not insured, then it is possible that it may not have the funds to meet the number of claims that are being made. If your implants were paid for on a credit card, then you may be able to sue your credit card provider or their insurance company under section 75 of the Consumer Credit Act 1974. Sir Bruce Keogh has been tasked with considering whether a general insurance scheme for cosmetic patients should be introduced in the UK and this issue is still in development.

  
  

  “What should I do in the meantime?”

  Whilst the reviews progress, we would suggest to prospective clients to:-

  1. Establish precisely whether they do indeed have a PIP implant;

  2. Consult their GP immediately if they are concerned about any of the symptoms described on the NHS website which might be connected with a PIP implant as well as any psychological symptoms they may be feeling;

  3. Seek an MRI or ultrasound scan either via their GP and the NHS or to pay for a scan to establish whether the implant is intact (the cost of a private MRI or ultrasound scan may be recoverable as part of a compensation claim);

  4. Ensure that photographs of the implants are taken if they are removed and a report detailing how the implants were found during surgery is prepared by the surgeon;

  5. Consider obtaining their medical records from their GP and implant provider. We are able to assist with this process if required;

  6. Keep accurate notes of the decisions they make in respect of their removal and replacement of the implant and if this procedure is undertaken privately, to keep all documents detailing the cost of the procedure as this may be recoverable as part of a compensation claim;

  7. ---

     Seek to keep the PIP implants if they are removed. If this is possible, the implant should be kept cool in the fridge, but not in a freezer. The implant itself may prove useful for evidence in a compensation claim; 

  8. ---

     Ensure that if the implants are removed and replaced privately, that a close eye is kept on the amount paid for the surgery. A Claimant is required to mitigate any losses arising out of the claim and so a very expensive surgeon’s costs to remove and replace the implant may not be recovered as part of a compensation claim when the initial procedure was undertaken at a much lower price; 

  9. ---

     To check whether the clinic where the implants were performed has insurance to meet a claim for damages. 

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  We hope that you have found this update useful. If you have any questions or queries, please feel free to contact either David Crosby on 01273 734670 or James King on 01273 229347 for further information.

Crosby & Moore had already been granted a contract with the Legal Services Commission to carry out legally aided Clinical Negligence cases. They have now been granted a further contract in the field of family law, and this commences in February 2012. As a result of this, and the development of the family law department generally, Joanna Ironside has joined the firm as a legal assistant, and her primary role will be to assist Lucy Gregory, who is head of the firm`s matrimonial department. Lucy can be contacted on 01273 229343 or by e-mail on lucy@crosbymooresolicitors.co.uk

Crosby & Moore are delighted to announce the arrival of James King as a new Associate Solicitor in the firm’s expanding clinical negligence department. James is an experienced solicitor, who previously practised at a well known firm in Hampshire. He primarily acts for people who have been the victim of medical accidents, but also has experience in dealing with personal injury cases, such as accidents at work and road traffic accidents. James is an accredited member of the Law Societies Personal Injury Panel. He can be contacted on 01273 229347 or by e-mail on james@crosbymooresolicitors.co.uk

A recent report shows that there has been a rise in the number of divorces in England and Wales in the last year. The Office for National Statistics has said “there were 153,065 break-ups, a rise from 147,735 the previous year”. It also said that this increase may be linked with the current economic climate.

Lucy Gregory, who deals with the divorce and family law, offers a free half hour consultant to all new clients and a fixed fee to assist people through difficult times.

Crosby & Moore are delighted to announce the appointment of Greg Woods as the new Head of the Private Client Department.

Greg has worked in Private Client Law for over 6 years in the Sussex area and has excellent experience in Wills, Probate, Powers of Attorney, Trusts, Deputyship Orders and Elderly Client Affairs.

Greg’s excellent track record as an approachable, open and friendly solicitor who delivers a quality of service that is seldom matched ties in perfectly with Crosby & Moore’s stated aim of providing a quality client and results driven service from our base in Hove.

Greg commented, “I am delighted to be joining such a successful, progressive and friendly firm. I am also looking forward to working within the Brighton & Hove area and making a contribution to the local community.”

If you have any queries regarding any area of Private client law please do contact Greg on 01273 734702 or via email on greg@crosbyandmooresolicitors.co.uk for a free initial consultation.

A recent report has shown that in a survey of 200 cases where women had filed unreasonable behaviour as the reason for their divorce, 15% had done so because their husband spent too much time playing video games. The survey quotes 24 year old Jessica who says: “he was addicted to World of Warcraft but played other games now and then. When it became serious he was playing up to eight hours a day and I threatened to leave. He then stopped playing World of Warcraft for a while and started playing Call of Duty instead, but the amount he was playing just gradually increased until I could not take it anymore. It got so bad that he even organised to play on the day of our second wedding anniversary”. It seems that it’s time to put the console away, gentlemen.

The Government has announced today that all couples considering divorce will need to attend a mediation session, costing between £40 and £70 per person before being allowed to access the courts to resolve matters relating to children, property and money.

On BBC News

In the Daily Telegraph

The changes are due to come into effect on April 6.

If you require information on this and the mediation process please contact our Lucy Gregory on 01273 734600 or email lucy@crosbymooresolicitors.co.uk

On 30^th September 2010 we were proud to sponsor the monthly meeting of the Sussex Young Professionals Group.

The event took place at Merkaba in Myhotel, one of Brighton’s most exclusive bars.

The group presents an opportunity for young professionals in the area to meet other like minded people and business contacts, to build both their professional and social networks. As a young firm we were pleased to show our support to those also working in Brighton & Hove and the surrounding area and host such an enjoyment and successful event, with the help and hard work of all the staff at Merkaba bar.