James Reilly, Personal Injury Partner

When asked for commentary on the Welsh child abuse cases, James Reilly of Ralli says: “These are shameful cases where the most vulnerable members of society by definition children in care homes have suffered sustained sexual abuse. There appears to have been systemic failure on the part of the care and management of these care homes and further allegations of abuse to that found in the original enquiry have surfaced. This attracted more prominence in the wake of the Jimmy Saville scandal and the false allegations repeated that a Conservative minister had been involved as repeated by Philip Schofield to David Cameron on daytime television. Unfortunately his interjection trivialised what is a very serious and traumatic issue which appears to have been all too prevalent given the Stuart Hall guilty plea today. These cases particularly involving young children and historic abuse often only surface years after the events have taken place and sadly in some cases after the perpetrators have escaped justice.

One hopes that with this Government and media hell bent on eroding the rights of the most vulnerable to have access to justice that there will still be a legal profession left to fight for the rights of the weakest, abused and forgotten.”

Read more here

Paula Bridge, Head of Medical Negligence

Paula says ‘I genuinely believe people spend more time looking into the history of a car they intend to purchase than the qualifications of people who are about to perform these procedures. Similarly advertising standards are more stringent with foods stating they have health benefits than for many private cosmetic surgery practices’.

Cosmetic surgery is undoubtedly a huge industry and carried out correctly brings immense benefits to people. We need to all be working together to ensure patient safety. This is a step in the right direction.

There is no doubt it is a tough time for employers, no matter what their size. The endless stream of large (and previously stable) employers going into administration or ceasing to trade is testament to this.

It is clear, despite assurances, that times remain strained and many employers are faced with making redundancies or taking steps to cut their wage bill. Increasingly, some employers seek to side step compliance with employment laws in favour of cost cutting or simply fail to handle these situations well. Take the unfortunate events last year at HMV for example. Not pretty.

Knowing what to do, how and when if you are facing employment related issues helps manage a difficult situation. Forewarned is forearmed as they say. It really does make sense to take advice and make sure that, in times of uncertainty, the unexpected really is that.

Adrian is covering several areas in partnership law, including; becoming an LLP, becoming a limited company, becoming an ABS, ‘Partnership breakdown’ in different legal entities, limited liability – a reality or a fiction? and how much of the traditional partership/LLP can survive.

During day two, Mark will be covering the Recruitment process, drafting employment contracts, estrictive covenants, policies and the staff handbook.

Further information about the SJ Live event is available here

James Reilly, Personal Injury Partner

If ever further confirmation was needed that this is diminishing the resources of those that have least (employees, premium paying public and injured victims) for the advancement of those that have most. David Cameron is only interested in increasing the profits and bonuses that are paid to the directors & shareholders of the insurance & financial sector.

Of course we’re all Thatcherites and in it together now; just seems in UK Coalition Insurance PLC that some animals are more equal than others.

Paula Bridge, Head of Medical Negligence

We at Ralli, have unfortunately had quite a lot of experience with misdiagnosis/delayed diagnosis.

In a recent Inquest we and the family of the deceased were delighted that a Rule 43 statement was made recalling patients over a 4 year period from a particular Gp`s practice for further review. Interestingly the GP in question during the hearing, very openly referred to the fact that under the practices new lower threshold for referrals he was surprised at how many moles which he would have considered safe turned out to be melanomas ….this surely has got to be a lesson to be learnt!

More training is essential with a particular emphasis of when to refer.

Of the statistics quoted 87% of cases are of delay and misdiagnosis are against the primary sector, the GP. 94% of cases raised against the GPs result in claims, which would lead you to believe 94% of these cases were avoidable. Surely such a statistic has to raise eyebrows! This cannot be acceptable.

In this area the failure to act appropriately is costing lives. We need to work together with groups such as Factor 50 to raise awareness and try and stop this needless wasting of lives.

Anyone with concerns about their treatment in this area can contact Paula on a confidential basis.

Paula Bridge, Head of Medical Negligence

Paula Bridge, head of the clinical negligence team at Ralli has expressed her sadness at the Kate Pierce story.  Speaking from her office in Manchester, Paula said:-   ”Cases such as little Kate’s highlight the importance of access to justice for all.  The cuts in Legal Aid and the new rules regarding CFAs (Conditional Fee Agreements) and the recoverabality of success fees etc, are all huge barriers to people like Kate and her family who already face uphill struggles.

This case also highlights the need to ensure you only instruct specialists in this area of work.  Too many firms are suddenly thinking that clinical negligence is a more remunerative area of law than mainstream personal injury, and all of a sudden everyone is becoming a ‘Specialist’. 

Clinical negligence cases are very complex and need expertise together with a real passion to keep a fight going, no matter how hard the journey.

Read Kate’s story here.  BBC

Ralli Solicitors

Ralli has joined forces with a leading Barristers’ Chambers and on 1 May 2013 will present a mock employment tribunal before a live audience and will be presided over by a real employment Judge.

If you want to be part of the audience, and get your breakfast on us, please contact Gill Nuttall.  Places are strictly first come, first served and numbers are limited. 

This event is ideal for anyone who is facing an employment tribunal, or feels that one might be looming. 

gillian.nuttall@ralli.co.uk or call 0161 615 0730

Judge Judy A5alt (2)

Eimear McCartan, Partnership Solicitor

The emotive issue of expelling a partner from a partnership is one which causes great angst and upset to those involved and is never an easy issue to address. Even with a clearly drafted partnership agreement, the issue of expulsion can cause great stress to those either expelling or at the receiving end. Partnerships are built on the foundation of a relationship of trust and confidence, so when this relationship breaks down, it can feel much more personal than a dispute in a different commercial setting such as a company.

In dealing with expulsion, most well drafted partnership agreements will set out a clear list of reasons for expulsion. These normally include breaching the terms of the partnership agreement, putting the interests of the partnership in jeopardy or going bankrupt. Sometimes, partners agree to allow expulsion without reason, simply on notice. Beware of including such a clause in your partnership agreement as it could fall foul of discrimination legislation if it is found that a decision to expel is in any way linked to the sex or age of an ousted partner.  In any event, there will always be a reason for expelling a partner in practice, most likely stemming from a breakdown of relations in some form or another.

If there is no agreement as to whether a partner can be expelled, then there is no power of expulsion.  In other words, partners have to resort to reaching agreement with the unwanted partner or dissolve and reform.

Whether you are looking to expel a partner or you are facing expulsion, you are most likely feeling sadness, strain and regret whatever side you are on. The best thing you can do is take advice on your next move.

Martin Coyne, Managing Partner

100,000 people across the legal services industry could lose their jobs over the next year as a direct result of the government’s savage civil justice reforms.

And it’s the ‘Human Toll’ of these reforms that the government has ignored with non-legal staff such as secretaries and administrative staff bearing the brunt of job losses.

The government says these reforms will reduce insurance premiums – even though the insurers admit they will make no difference. In pandering to the wishes of the insurance lobby, this government will jeopardise the lives of many families across the UK.

If the government hikes the small claims limit from £1000-£5000 most claimant, and defendant law firms will close, forcing thousands of support staff into unemployment.

We call on the Government to STOP any further changes to the legal industry and protect jobs.

The petition calls for workers in the Legal industry to SAY NO – to raising the small claims limit from £1000 to £5000.

The campaign aims to gather at least 10,000 names on a petition that will be delivered to 10 Downing Street next Thursday, just four days before the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force. This would require the government to issue a response to the petition; 100,000 signatures triggers consideration of a parliamentary debate.

Martin Coyne, Managing Partner at Ralli, said he has already had to make a fifth of his 85-strong personal injury department redundant as he contends with a likely 33% reduction in turnover because of the new portal fees. “I am doing everything I can to sustain the business. A lot of other firms are in the same boat.”

He continued: “The ultimate aim of the reforms, according to the government, is to reduce car insurance premiums. But the likes of Direct Line have already admitted that they will make no difference. What’s left is an attack on the economy at a time when the country can afford it least.

“Where do David Cameron and Chris Grayling think this many people will be able to find new jobs? In pandering to the wishes of the insurance lobby, this government will imperil many families and only end up increasing the welfare bill.”

Mr Coyne said he and his colleagues were taking up the cudgels because solicitors had been badly let down by their representative body. “The Law Society should have been at the forefront of this fight, but instead they’ve sat back and left it to others. This shameful inaction should have the same kind of consequences it is having for those it purports to represent, and so we call on the leadership of the Law Society to take responsibility.”

Others to have signed up to the campaign include law firms Russell & Russell, Beers, Edwards Hoyle and The Clarke Partnership, as well as Cobden House Chambers and after-the-event insurance company Keystone Legal.