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CIVIL LITIGATION

Our Medical negligence claim expertise

Every year, thousands of people are treated by healthcare professionals. Most of the time the care received is exceptional, but occasionally things do go wrong. If you, or a loved one, have been unfortunate and received sub- standard service, it may be possible to make a medical negligence claim with us.

The law surrounding medical negligence, also referred to as clinical negligence, is extremely complex and it is essential that specialist advice is sought. Our medical negligence lawyers have expertise in these sensitive and often difficult cases. We offer clients sensible and realistic advice about their claim and the best way to seek compensation.

Professional Negligence Solicitors

Whilst we believe that most solicitors adhere to the same high standards that we do, we know that there are cases where clients suffer a loss at the hands of negligent solicitors.

We are specialist claimant professional negligence solicitors who practice in London and Essex with a team dealing solely with general negligence and professional negligence claims. Our team of professional negligence solicitors is exclusively dedicated to suing negligent professionals including

Solicitors
Barristers
Accountants
Architects
Surveyors and valuers
Estate agents
Financial advisers, banks and insurance brokers.

NUISANCE

Statutory nuisance, including noise nuisance requires solicitors with specialist skills and experience to act competently on your behalf and Solicitors Title have considerable case experience in these areas including:

Appealing against Statutory Nuisance Notices (in Magistrates or Crown Court)
Variations to Statutory Nuisance Notices
Working on behalf of the defendant or appellant against local authorities
Expert advice from acoustic experts

Nuisance is a long established area of law where you can claim in relation to someone else doing something that adversely affects your property. This is obviously important for environmental issues such as noise and smell. You take civil proceedings for nuisance ("provate nuisance") in the High Court or County Court.

An alternative approach is to follow the statutory nuisance procedure which involves going to the magistrates court. This is laid out in the Environmental Protection Act 1990 (sections 79 to 82). It is based on similar principles, but is supposed to enable people to get relatively quick relief through the most local court system. The EPA 1990 provides two routes: one for local authorities to act (often following complaints to them, though also on their own volition), and another which allows people to act directly, without involving the local authority.

From experience of finding that local authorities often do not act, or, if they do, of their action being heavily delayed by opponents engaging in protracted appeals procedures, we often recommend clients to take action themselves, under section 82 EPA 1990. The essential step is to serve a notice on the perpetrator of the alleged nuisance requiring that it be abated within 21 days (3 days in the case of noise nuisance). If the nuisance continues, you then lay a complaint with the local magistrates court, which will issue a summons. The magistrates have power to order that the nuisance is abated and to pay compensation. If the nuisance is not abated, this is a criminal offence.

The advantage of the procedure is that if you lose, you do not run the risk of paying the other side's costs, unlike in civil litigation. (There are exceptions to this rule if you have conducted yourself improperly, but the honest, responsible complainant has nothing to fear.) If you win, you get your costs paid. The disadvantage is that the opponent may well have a defence of "best practical means" available to it, which may limit one's scope for an effective remedy. There are other procedural disadvantages. However, overall, owing to the cost issues, it is probably worth considering making a statutory nuisance claim as a first possible port of call.

If you win in statutory nuisance, you are still able to sue in the civil courts for compensation (if, and this may be for a number of reasons, the magistrates do not order compensation, or this is only limited).

The procedure is supposed to be quick (hence the 3 day notice period for noise nuisance). In practice delays can occur, but if these are prejudicial there is scope for ensuring speed.

People (and indeed the magistrates courts themselves) are surprisingly unaware of the procedure. The common problem, we find, is that people put up with too much for too long, and/or rely on their local authorities.

We will thoroughly investigate your case and provide you with a realistic assessment of your case. Where necessary we will obtain expert evidence. We are committed to providing you with the latest funding options and we are able to offer a variety of arrangements including privately paying fees, conditional fees and after the event insurance.

We will discuss your specific options at the outset of our instructions and we will do everything we can to assist in helping you choose the most appropriate route.

We operate a national service for Civil Litigation Matters and represent people from all over England and Wales.

If you would like to obtain legal advice on any Civil Litigation matter then please contact our Civil Litigation solicitors on 020 8983 8944 or by email on info@nwsolicitors.com.

CIVIL LITIGATION

Our Medical negligence claim expertise

Professional Negligence Solicitors

NUISANCE

YOUR SATISFACTION IS OUR SUCCESS