Dear Clive

Legal Claims - Pot Hole
Dear Clive I have been injured tripping in a pot hole in the road and wanted to make a claim but my friend says that the council will argue that they are cash-strapped and can't afford it and will get away with is. Is that right? Claire Dear Claire It is not a defence to such a claim for the council to argue that they do not have adequate resources. They must process reports of defects, and a recent case has said that it is reasonable for them to have a system of inspecting defects the next working day after they are reported. Please ring our New PI Claims Team on 0191 213 1010 (newpiclaims@mckeagandco.com) and they will be happy to provide you with further advice. Clive

Legal Claims - Hospital Neglect
Dear Clive after experiencing problems when she began to walk, my two year old daughter has now been diagnosed with Developmental Dysplasia of the Hip (DDH) and I have been extremely upset to learn that she will now need a long course of treatment with a harness and possibly surgery to correct the problem and that she may be left permanently disabled. I have been told this should have been picked up when she was born and that if this had been the case, she would have had a much better outlook and I wonder if I would be able to make a claim on her behalf. Donna Dear Donna Thank you for your letter. I am sorry to hear about the delay in diagnosis that your daughter had experienced and I believe that it is possible that she may have a claim. Any minor who is injured through a medical accident has until the age of 21 to make a claim, and before they turn 18, we can act for them with an adult, usually a parent, acting as a Litigation Friend. Please ring our Clinical Negligence Department on 0191 213 1010 (clinicalnegligence@mckeagandco.com) and they will be happy to provide you with further advice. Clive

Legal Claims - Joint Names
Dear Clive I own my home in joint names with my partner, we don't have Wills but the house is in our joint names, does this mean we don't need Wills? James Dear James There really is no substitute for a professionally drawn up Will, without one your assests (including your share in the house) may not end up where you want or where you expect. By seeking advice from a Solicitor you can ensure that what you want will happen, giving you peace of mind making things much more straight forward for those you leave behind. Please contact our Probate Department on 0191 213 1010 for further information. Clive

Legal Claims - Contested Probate
Dear Clive My Father recently passed away quite suddenly and although he did leave a Will, he had intended to change this. His Will leaves everything to his Wife who he is separated from and nothing to me and my sister. Is there anything we can do ? Deborah Dear Deborah I am sorry to hear of your Father's passing. You and your sister may be able to make a claim against your Father's estate under the Inheritance (Provision for Family and Dependants) Act 1975 if you are able to meet certain requirements. If you would like to find out more about this please contact our Contested Probate Department on 0191 213 1010 Clive

Legal Claimm - Consent Order
McKeag & Co Mediation My partner and I are separating. We want to get a consent order drawn up as we have agreed a settlement between us. Can we come and see the same person? Christine Dear Christine Yes, you can in some cases whether you are married and seeking a divorce or whether you are not married and are simply separating. We can draw up a consent order in relation to finanical matters and children matters. We can see you jointly for an initial assessment meeting to see if it is suitable for us to draft the document for you. You would be seen by an experienced and accredited Lawyer-Mediator from our Family Team. At this initial assessment meeting the process will be explained to you in detail and how we will work for you both. After your case has been assessed as being suitable then we can arrange to progress matters for you with the Lawyer-Mediator through the mediation process towards the drafting of a formal agreement between you. Please do not hesitate to contact us for an initial no obligation chat on the phone. Sue McArthur On behalf of Clive McKeag

Legal Claims - Breakdown Children
Dear Clive Should both parents have contact with the children upon the breakdown of a relationship? Vicky Dear Vicky It is a growing principle in family law that contact should not be refused between parent and child unless absolutely necessary in the child's interests. It is important that children have a meaningful relationship with both their parents unless it is not safe or would be against their welfare. This is a principle that is upheld by the Courts. If an agreement is unable to be reached between the parents directly then legal advice can be sought. A family solicitor would attempt to agree acceptable arrangements so that both parents would spend time with the children. A family solicitor may also recommend alternative methods to resolve the matter such as Mediation or Parenting After Parting. Mediators are trained to help resolve disputes between separating couples and assist the parties in reaching an agreement. The aim of mediation is to resolve family disputes without going to court. Parenting After Parting is a service which can provide advice on contact matters and aid separating couples in coming to an agreement. This course can be attended separately. Finally, if none of the above methods are successful then an application could be made to Court for a Child Arrangement Order, which will set out the arrangements for the children including who they will live with and who they shall spend time with. If you require further advice please contact our Family Department on 0191 213 1010 Clive

Legal Claims - Violent Partner
Dear Clive What protection is available from a violent partner in the Family Courts? Chloe Dear Chloe An application can be made for a Non Molestation order. If there is risk of immediate harm then an application to Court could be made on an emergency basis without giving notice to the former partner ( "respondent" ). If the Order was made without the Respondent being present then there would be a return hearing listed in which his/her position could be provided to the Court but the Applicant would have the protection of the Order in the intervening period. A Non Molestation Order would prohibit the Respondent from being violent, threatening or harassing towards the Applicant. It would also prohibit the Respondent from contacting the Applicant by any means whatsoever (including by telephone, text message or electronic communication). The Order would further forbid the Respondent from attending at the Applicant's home and in certain circumstances from going within a defined distance of the Applicant's home. The Non Molestation Order would be effective when served upon the Respondent. A copy would also be provided to the Police Station. Breach of a Non Molestation Order is a criminal offence and the Respondent would be arrested if they breached the same. The Applicant would contact the Police, who would hold a copy of the Order if they felt there had been a breach. If the separating couple lived together and both parties had a legal right to occupy the property in which they lived (i.e. Joint tenants or joint owners) then consideration should be given to applying for an Occupation Order as well. An Occupation Order would prevent the alleged violent partner from residing in the property which the separating couple had previously lived in together. If you require any further advice please contact our Family Department on 0191 2101010. Clive

Legal Claims - Whilst Driving
Dear Clive what is the law on using your phone while driving? It was already illegal to use your mobile phone while driving but tougher punishments were introduced from March 1st 2017. The penalty for using a mobile phone while driving has now been doubled to a £200 fine and six points on your licence. The toughening of the law means that new drivers will lose their licence if they are caught with a hand-held device behind the wheel. Drivers hate their licences revoked if they clock up six penalty points in their first two years of driving, rather than the normal 12 points. If your case goes to court, you could face disqualification and an up to £1,000 fine. HGV and bus drivers could get an up to £2,500 fine. Can you use a hands-free phone while driving? You are allowed to use fully hands-free phones while driving but you are forbidden from touching or picking it up, even for a moment. Police still have the power to stop drivers if they believe that they are distracted by their hands-free mobile phone. Can you use your phone to follow a map? The new law specifically states that is is illegal to hold a mobile phone to follow a map and find out directions. In order to use your phone as a sat nav, it must be mounted in a hands-free holder. Can you text while driving? It is illegal to read a text or check social media on your phone when you are behind the wheel. Can you use your phone in an emergency? You can only use a hand-held phone if you need to call 999 in an emergency and it is unsafe or unpractical to stop. Can I pull over to check my phone? Yes, as long as you are safely parked and your engine is switched off before you check your phone. For further information please contact our Criminal Department on 0191 213 1010 Clive

Legal Claims - Against Hospital
Dear Clive I recently attended on my local hospital with pains in my toe. I was first advised that it was an infection and I was prescribed antibiotics. The pain continued and, as such, I returned to the hospital on several occasions but no cause of the pain was identified. I have now been advised that I have a circulatory problem and that I may need to have my foot amputated. I have had to take time off work and have lost a significant amount in wages. Further, I may lose my job if I have to have my foot amputated. In addition, there has been a delay in correctly diagnosing me. Do you think I may have claim against the hospital? Brian Dear Brian I am very sorry to hear about what happened and hope you are feeling better now. The Clinical Negligence team here at McKeag & Co. would be extremely happy to discuss the above situation with you in further detail and any potential claim which could be made. We can do this on a basis by which you have nothing to pay, in respect of our fees, if the claim is not successful. Why not call the office on 0191 213 1010 and chat to someone today. Clive

Legal Claims - Child Arrangement Order
Dear Clive I have made an application to Court for a Child Arrangement Order – what happens now? Susan Dear Susan A referral will be made to CAFCASS (The Children and Family Court Advisory and Support Service).CAFCASS are a non-departmental public body in England set up to promote the welfare of children and families involved in family court. CAFCASS will undertake safeguarding checks with the Police and the Local Authority on all parties.The CAFCASS officer will also have discussions with all parties usually over the telephone.A short letter will be provided to the Court in advance of the first hearing with all information received and any recommendations for moving forward. A First Hearing Dispute Resolution Appointment (FHDRA) will be listed.All parties and the CAFCASS Officer will attend this hearing and be directed to attend in advance of the hearing to enable discussions to take place. The FHDRA is the first time the matter is before the Court.It is hoped that an agreement could be reached with the assistance of CAFCASS.If this is not possible then directions can be made to help the resolution of the application which can include whether any detailed assessments should be carried out, any expert involvement or whether the parties should file detailed statements.The interim arrangements for the child will also need to be considered at this stage. Clive

Legal Claims - Drug Driving
Dear Clive I've been told that I could be get done for drug driving as I take morphine based pain killer is this true. Nick Dear Nick New drug drive legislation came into force on 2 March 2015 England and Wales. So long as you are following the advice of a healthcare professional and your driving isn't impaired you can continue to drive as usual and aren't at risk of arrest. The new law sets limits at very low levels for drugs commonly associated with illegal use such as cannabis and cocaine. There are also 8 prescription drugs that are included within the new law. These are: •clonazepam •diazepam •flunitrazepam •lorazepam •oxazepam •temazepam •methadone •morphine However, the limits that have been set for these drugs exceed normal prescribed doses, meaning that the vast majority of people can drive as they normally would, so long as: There is a medical defence is you have been taking medication as directed and found to be over the limit, as long as your driving is not impaired. Don't stop taking your medicines, prescribed or otherwise, if you are worried about this, talk to your doctor or pharmacist for information about how your medicines might affect your ability to drive. They'll be happy to give you the advice you need to stay safe. If you require any further advice please contact our Criminal Department. Clive

Legal Claims - Of Probate
Dear Clive I have inherited my grandfather's house under his will. I believe the property title is in his name only, do I need a Grant of Probate if the house is the only asset in the estate? Carly Dear Carly YES, to transfer the title into your sole name you will require a Grant of Probate. This may be more complicated if he held the property jointly with anyone else which we can check for you at the Land Registry and advise accordingly. If you need any further assistance with this, please contact us on 0191 2131010. Clive

Legal Claim - 12 Months
Dear Clive Can I get a divorce? Melanie Dear Melanie You can't get divorced unless you have been married for more than 12 months. You have to prove to the court that your marriage has irretrievably broken down and base your divorce petition on one of 5 facts: •Adultery •Behaviour •Desertation - 2 years •Separation - 2 years with consent •Separation - 5 years The petitioner issues the Petition and the Respondent receives the Petition from the court. The Petitioner can ask the Respondent to pay the costs of the divorce, usually where there is a fault based fact like Adultery or Behaviour. Otherwise usually there is a contribution towards costs or no order made in relation to costs at all. A Divorce can take approximately 6 months from start to finish. We are happy to advise on any family matter, please contact our Family Department on 0191 2131010. Clive

Legal Claims - Violence Order
Dear Clive Following an argument with my wife last Christmas Day I was arrested as she suggested I had assaulted her, which I had not. I spent all day in custody and the police served me with a notice excluding me from my home. They were also suggesting they were seeking a Domestic Violence Protection Order. I had to go to court a couple of days later to challenge the application for that Order especially as the Order was objected to by my wife. I did not seek the services of a solicitor in the police station and I think because of that the police ended up serving this notice. I did successfully challenge the making of the Order and was able to return to the home after 7 days. Would you advise that I should have obtained a solicitor in the police station and would I have to pay for that service and also to be represented at the court hearing? It is difficult to know what to do in such situations having never been arrested previously. I would welcome your views should a similar situation arise this Christmas. Lawrence Dear Lawrence Thank you for your letter and its right to say that Christmas is a time where too much drink is taken, arguments develop and things get out of hand. I would always advise a person under arrest to seek the services of a solicitor and that advice which includes attending at a police station is free. It may have been the case had you sought legal advice that what did happen may not have happened. You do not mention whether you are gainfully employed but legal aid is not free any longer for representation at court for people who earn over £250 per week. We provide advice 24 hours a day, 365 days a year and our emergency telephone number is (07850) 565543. This advice is however only available for criminal matters. Clive

Legal Claims - Provide Specimen
Dear Clive I am glad 2016 is nearly over. Following the works Christmas party last year in December, I rather foolishly sampled an illegal drug and I had also consumed a large quantity of alcohol. The following morning I was stopped by the police and breathalysed. Although I was not over the limit they suggested that I was driving under the influence of drugs and I was arrested. When I was at the police station. I did not ask for a solicitor and I spent a day in police custody. The police asked me to provide blood and urine and because I did not I was charged with failing to provide a specimen. When I appeared at court I was disqualified from driving for 12 months. I believe people should know that consequences follow when you don't provide blood or urine and I wish I had now obtained the srvices of a solicitor. Charles Dear Charles Thank you for your letter and I am sad to learn that you were disqualified 12 months. Drink/drug driving is always on the increase over the Christmas period but people should be aware that we are happy to represent your interests 365 days a year. It is hard to comment on whether there was any defence available to you in regards to the failing to provide charge but people should be aware that legal challenge can be mounted to the allegation which, if successful, would ensure a person was not convicted, or alternatively special reasons may be available to avoid disqualification. Our emergency number is (07850) 565543 and we are happy to advise on any criminal matter 24 hours a day, 365 days a year. Clive

Legal Claims - Extend Lease
Dear Clive I own a Leasehold house with only 45 years left on the lease; can I buy the freehold or extend the existing lease? Lisa Dear Lisa With your property being a house you would probably want the buyer the freehold rather than extend the lease. If you have occupied the house for two years your freeholder cannot refuse to sell you the freehold but the procedure for forcing them to do so can be quite complicated so the best starting point is to simply ring them and ask for an estimated cost. You will almost certainly be required to pay a small fee up front (for valuation) and to agree to pay the freeholder's "reasonable legal costs". You will also have to instruct your own solicitor to check the legal paperwork and deal with the registration formalities. As the amount you pay is usually open to some negotiation we recommend that you also instruct your own surveyor or professional valuer. It is also a good idea to speak to your neighbours as they may well have purchased their freeholds recently and its surprising the variety of prices they paid.

Legal Claims - Decree Absolute
Dear Clive I am getting divorced. Can I stop my husband from applying for Decree Absolute as we haven't sorted out financial matters yet? Kathryn Dear Kathryn Yes, you can in some cases. If the Petition in your case is a Separation Petition; that is one based on you having been separated for more than 2 years or more than 5 years then you can file a document called a Form B which means that financial matters have to be sorted out before the Decree Absolute. In all other cases there has to be a hearing before a Judge who will decide whether or not the Decree Absolute can be granted. There is no automatic permission for the Decree Absolute to be delayed. Usually the situation arises where one party is going to lose valuable pension rights if the other party were to die after Decree Absolute but before any financial claim was resolved. In those circumstances a claim would have to be made against the dead person's estate. If the person can be adequately compensated for the loss of any valuable rights from the estate upon death then an application to prevent the Decree Absolute from being pronounced is unlikely to be successful. An unsuccessful application can also mean an order for costs - a double whammy! Clive

legal Claims - Food Ill
Dear Clive I went on an all-inclusive holiday abroad recently and I felt like I needed a holiday when I got back! The hotel wasn’t clean, the food was so bad that I had to spend a lot of money eating out and then I got so ill that I wasn’t able to leave my room much. Is there anything I can do? Kayleigh

Legal Claims - Breakdown Contact
Should both parentshave contact with the children upon the breakdown of a relationship? Vicky

Legal Claims - Pothole Council
Dear Clive During half-term week I was playing with my two daughters in our local park when I suddenly tripped and fell over. When I looked down, I saw that I had tripped in a large pothole in the path. In truth, I didn't think too of it at the time, but the following morning my left knee was very badly swollen. The injury totally spolied my daughter's week off, as I wasn't able to do them all the things that we planned to do. I don't think the accident was my fault. Can I make a claim against the council? Many thanks Susan

Legal Claims - Hospital Negligence
Dear Clive I recently attended on my local hospital with pains in my stomach. I was advised that it was probably just constipation and advised to go home and take some laxatives. Unfortunately, the pain continued to get worse and I was taken to the Accident and Emergency Department the following night. I was subsequently informed that I had appendicitis and had to undergo an emergency operation. I was advised that due to the delay in diagnosis my appendix had burst and caused a massive infection. I have now had to take time off work to recover from the operation. Do you think I may have claim against the hospital? Vanessa

Legal Claims - Ectopic Pregnancy
Dear Clive I recently attended on my GP suffering from bleeding and told him that I had been trying to get pregnant. He didn’t do any further tests and diagnosed that I was probably suffering from a miscarriage. Around 5 days later, I began to experience severe pain and the bleeding worsened. I was admitted to Accident & Emergency where they confirmed that I was suffering from an ectopic pregnancy, which had now ruptured and as a result of this, I required emergency surgery to remove one ovary and fallopian tube. I am very distressed at what has happened and feel that not only may I have lost the chance to conceive but I could also have lost my life due to what I consider to be my GP’s negligence. Please can you help? Sarah

Legal Claims - Victim Surcharge
Dear Clive Whilst at Court on a criminal matter I was not only fined but made to pay a victim surcharge. As there was no victim why am I being made to pay this? John

Legal Claims - Limited Company
Dear Clive A Limited Company is not paying its debts, what can I do? Mark Dear Mark If a company owes you money and has refused or neglected to pay the debt, you may apply to wind it up by presenting a petition to court for that purpose. A winding-up petition is usually presented by a creditor on the grounds that the company cannot pay its debts and this has to be proved to the court. As long as the debt is £750.00 and above you may apply to Wind-Up the Company by presenting a Petition in the Local County Court. Clive

Legal Claims - Dementia Represent
Dear Clive My wife has been diagnosed with dementia and I am in the process of selling our house, do I need to apply to officially represent her? Frankie Dear Frankie Yes, apart from in some specific cases, we can apply for you to be her Deputy under which you can act as signatory for all official purposes. Depending on how you own the property we can also make further necessary applications to the Court of Protection on your behalf. Clive

Legal Claims - Swollen Face
Dear Clive I recently attended my on my Dental Practice for a routine check-up. I was advised that I would need a filling and arranged to return the next week. I received an injection to numb the side of my face and my Dentist carried out the procedure. On leaving the Dental Practice, I noticed that my face was swollen. My mouth was still numb later that evening and the swelling developed into bruising. I attended on my GP and was then referred to hospital. As a result of this, I had to take a few days off work and lost earnings as a result. Thankfully, things are starting to get back to normal now. Is there anything I can do? John

Legal Claims - Stamp Duty
Dear Clive I’m planning to buy a house with my partner and put tenants into the flat I currently own and live in, will this mean that I have to pay extra Stamp Duty. Rob Dear Rob Unfortunately the answer is probably yes. If on the day you complete the purchase of your new house either of you owns another residential property (including buy-to-let and holiday homes) you will have to pay more than 3% additional stamp duty. The only real exception to this higher rate of Stamp Duty is if you are selling your main residence and buying a new main residence of the same day. The test of whether a property has been your main residence will be based on factor such as; where you spend most of your time, where you work, and where any children go to school. It does not sound like this will apply in your case but you may still be able to claim a refund of the additional Stamp Duty if you sell your previous main residence (your flat) within 36 months of purchase your new house. Clive

Legal Claims - Stamp Duty
Dear Clive I’m planning to buy a house with my partner and put tenants into the flat I currently own and live in, will this mean that I have to pay extra Stamp Duty. Rob Dear Rob Unfortunately the answer is probably yes. If on the day you complete the purchase of your new house either of you owns another residential property (including buy-to-let and holiday homes) you will have to pay more than 3% additional stamp duty. The only real exception to this higher rate of Stamp Duty is if you are selling your main residence and buying a new main residence of the same day. The test of whether a property has been your main residence will be based on factor such as; where you spend most of your time, where you work, and where any children go to school. It does not sound like this will apply in your case but you may still be able to claim a refund of the additional Stamp Duty if you sell your previous main residence (your flat) within 36 months of purchase your new house. Clive

Legal Claims - Stamp Duty
Dear Clive I’m planning to buy a house with my partner and put tenants into the flat I currently own and live in, will this mean that I have to pay extra Stamp Duty. Rob Dear Rob Unfortunately the answer is probably yes. If on the day you complete the purchase of your new house either of you owns another residential property (including buy-to-let and holiday homes) you will have to pay more than 3% additional stamp duty. The only real exception to this higher rate of Stamp Duty is if you are selling your main residence and buying a new main residence of the same day. The test of whether a property has been your main residence will be based on factor such as; where you spend most of your time, where you work, and where any children go to school. It does not sound like this will apply in your case but you may still be able to claim a refund of the additional Stamp Duty if you sell your previous main residence (your flat) within 36 months of purchase your new house. Clive

Legal Claims - Hip Replacement
Dear Clive I had hip replacement surgery four years ago and, although I was okay at first, after several months I was in a lot of pain and could only walk with a crutch. I was seen a few months ago by a different Surgeon who told me that my X-Ray showed that the hip joint was in the wrong position and that I will need more surgery to fix this. I was recently told that I have three years to make a claim and as my surgery was four years ago I am unsure if I can make a claim?

Legal Claims - Behaviour Change
Dear Clive Can you tell me what is 'An Alcohol Behaviour Change Course'. James

Legal Claim - Clinical Negligence
Dear Clive My 4 year old son has recently been diagnosed with Cerebral Palsy. He has been monitored since birth due to some difficulties which arose during his delivery, as a consequence of which, he was starved of oxygen. I am worried that his brain damage may have been caused because the midwives caring for me while I was in labour did not do all that they should when they realised that he was in distress and I would like answers as to why my son has been left in this way. Is it too late to make a claim? Angela

Legal Claims - Licence Risk
Dear Clive I received a form from the police suggesting I may have committed an offence namely speeding. I forgot to send the form back to them and I have now been summonses to appear before the Court but not for the offence of speeding. They suggest something like failing to identify the driver. I have six points on my licence already. Is my licence at risk? Denise

Legal Claims - Food Poisoning
Dear Clive I suffered food poisoning when I was on holiday abroad and it ruined my holiday. Can I make a claim for this? Georgia

Legal Claims - Claim Abroad
Dear Clive I have just returned from a family holiday in France where I was scalded as a result of a faulty shower in our room. Is it true that I claim compensation even though the accident happened abroad? Imogen

Legal Claims - Wine offence
Dear Clive I recently purchased some wine from abroad but when I got home I didn't like it. I have attempted to sell it to friends and neighbours however the police have come to my house and taken it from me telling me that I have committed an offence. They tell me I will be taken to Court and I will lose the wine. It is not stolen wine, I paid for it and I am now on police bail. What can I do? Peter

Legal Claims - Carpal Tunnel
Dear Clive I have been diagnosed with carpal tunnel syndrome and somebody said this might have been the result of working with jack hammers and grinders. Can I claim for this? Jack

Legal Claims - Burglary Arrested
Dear Clive I was arrested because the police suggested I had committed a burglary at a school. Me and my friends were sitting in the school yard during the holidays because we had nothing to do, but we never went into the school at all. I know nothing about any burglary but I am concerned that I was on the school premises. I am 17 years old and presently studying for my A levels. I have been bailed to respond to the police station. Do I need a solicitor and do you think I will be charged. Josh

Legal Claims - Supermarket Claim
Dear Clive About three weeks ago I was out shopping in a local supermarket when I slipped on wine that had been split all over the floor. I instinctively put my hand out to save myself but in so doing mt hand landed on broken glass. My hand was badly cut and I needed to be taken to hospital where I received five stitches. As I work as a hairdresser I need to use my hands, and therefore have been unable to work since the accident. I have been told that I will be left with a scar, and am now very worried about how much money I am losing as a result of being unable to work. A friend had told me that I might be able to bring a claim against the supermarket, but I don't know how to go about this and am worried about the cost. Susan

Legal Claims - Supermarket Claim
Dear Clive About three weeks ago I was out shopping in a local supermarket when I slipped on wine that had been spilt all over the floor. I instinctively put my hand out to save myself but in so doing my hand landed on broken glass. My hand was badly cut and I needed to be taken to hospital where I received five stitches. As I work as a hairdresser I need to use my hands, and therefore have been unable to work since the accident. I have been told that I will be left with a scar, and am now very worried about how much money I am losing as a result of being unable to work. A friend had told me that I might be able to bring a claim against the supermarket, but I don't know how to go about this and am worried about the cost. Dear Susan

Legal Claims - Legal Aid
Dear Clive I am having issues with my ex-wife in relation to seeing my children. Will it be costly to see a solicitor to get this sorted out? I am worried Social Services may become involved. Gary

Legal Claims - Family Mediation
Dear Clive Do I have to attend Family Mediation? I have been told that I have to or I can't go to court. Lee

Legal Claims - Relationship Property
Dear Clive Can you help me in relation to the breakdown of my relationship? My partner owns the house we live in and says I am not entitled to a share. Kim

Legal Claims - Taxi Driver
Dear Clive I am a self-employed taxi driver and have 9 points on my licence. I have received a summons to appear before court for using my mobile phone whilst driving. I am aware the offence carries 3 points and now I risk being disqualified from driving. What can I do? Lawrence

Legal Claims - Law Wife
Dear Clive I have lived with my partner for over 2 years now. We have never married. We have 2 children. Can I claim rights as a Common Law Wife if we seperate? Susan

Legal Claims - Mental Health
Dear Clive I have been subject to a Community Treatment Order under the Mental Health Act 1983 for a few months now. I want to stop medication as I believe that I have recovered and don't really need it now. Mrs B

Legal Claims - Of Attorney
Dear Clive My grandmother has been diagnosed with early onset dementia and we need to be able to help her with her fiancial affairs, do we need a Power Of Attorney for her ? Donna

Legal Claims - Assault DVPO
Dear Clive I have had an argument with my mother, the police attended and I was arrested to prevent a breach of the peace. They were suggesting I had assaulted my mother which I deny. They are now stopping me returning to my home and tell me I have to go to court within 2 days to enable the court to consider a DVPO. What is this and can I go to jail. My mother wants me back home as she depends on me to look after her. Michael

Legal Claims - Marital Home
Dear Clive Myself and my Wife have now seperated after a short marriage. My Wife wants to continue to live in our marital home however I cannot afford to buy any other property unless the home is sold as I need a deposit. My Wife will not agree to sell the house. We do not have any children. What can I do? Mike

Legal Claims - Mental Health
Legal Claims - Mental Health

Legal Claims - Army Prison
Dear Clive I am a squaddie and the military police have come to see me and said that I have "fiddled my expenses". They want to interview me and they say I can go to prison for this. I thought because I am in the Army I cannot be sent to custody. I need some help urgently. Michael

Legal Claims - Stamp Duty
Dear Clive Has the change in stamp duty made it more difficult for me to sell my house, it's on the market for £260,000. Richard

Legal Claims - Contact Order
Dear Clive I have a 1 year old son and I am seperated from his Mum. We weren't married but I am named on his birth certificate. I have not seen my son for 3 months and my ex will not answer my calls. I am desperate to have contact with him but I have been told you can no longer apply for a Contact Order. Sean

Legal Claims - Wrong Medication
Dear Clive I recently attended my usual pharmacy for a repeat prescription. I took the tablets for a few days but then I began to feel most unwell. I double checked the medication, and realised the packaging was not the same as my usual medication. I was admitted to hospital and had to have a few days off work. I'm just starting to get back to normal now. Is there anything I can do? Sandra

Legal Claims - Conditional Caution
Dear Clive My son was recently arrested by the Police for breaking a neighbour's window. He was given a conditional caution and has to pay £220 for the window. He has no money and can't pay what will happen. Kath

Legal Claims - Will Claim
Dear Clive I have recently been left some money in a relative's will. Whilst it is of course welcome at the risk of sounding hard I don't think it is enough given the amounts other people have been given. Am I able to claim more? Peter

Legal Claims - Ground Rent
Dear Clive I'm selling my flat but am concerned because I've paid the ground rent and service charges for the whole year and don't want to lose this money. Do I have to delay completion until the end of the year? Anna

Legal Claims - Penalty Points
Dear Clive I have received a letter from the Magistrates Court telling me that I owe them £1000 plus my licence has been endorsed with 6 penalty points. It is being suggested that I drove with no insurance. I have always had insurance on any vehicle which I own. I know nothing about this. What can I do? Brian

Legal Claims - Equipment Job
Dear Clive I work in a large factory with a lot of heavy machinery. I told my manager that a piece of equipment was missing a safety guard but he would not listen. I was told to still use the equipment and as a result suffered a deep laceration to my forearm. I believe I am entitled to compensation but I am afraid of claiming as I am still working there. I can't lose my job in the current economic climate. Caitlin

Legal Claims - Partner baby
Dear Clive Can I have time off work if my partner has a baby?

Legal Claims - Wrong Medication
Dear Clive I recently attended my usual pharmacy for a repeat prescription. I took the tablets for a few days but then I began to feel most unwell. I double checked the medication, and realised the packaging was not the same as my usual medication. I was admitted to hospital and had to have a few days off work. I'm just starting to get back to normal now. Is there anything I can do? Sandra

Legal Claims - Negligent Treatment
Dear Clive My son recently died in hospital and I believe that his death was caused by negligent treatment. Since his death, I cannot sleep and keep having flashbacks of what I saw just before he died. I would like to investigate whether there is a case againt the hospital for the treatment that my son received, but also wondered whether I would be able to claim against them for the trauma that I have gone through. Jill

Legal Claims - Driving Disqualified
Dear Clive I was arrested by the police for driving whilst disqualified. I was banned from driving, but when the police stopped me I was just helping a friend by sitting in his car whilst he towed it to the garage. Dear Clive

Legal Claims - Psychiatric Hospital
Dear Clive My mother is curently detained at a local psychiatric hospital under section 3 of the Mental Health Act 1983 (as amended). I have been advised that I am her Nearest Relative. I have been told I can exercise my rights. What rights do I have? George

Legal Claim - Hospital Death
Dear Clive My mam recently passed away whilst in Hospital. I was really unhappy with the care that my Mam received and think that it was disgraceful the way she was treated in the Hospital and by her Care Home. There is going to be an inquest held about my Mam's death, does this mean that I will get compensation for the family and will I need a lawyer? Thanks Sue

Legal Claims - Asbestos Claim
Dear Clive I worked in the shipyards for a number of years and have become increasingly short of breath. I worked at a time when asbestos was used in the manufacture of ships. Do I have a claim? Sydney

Legal Claim - Court Dispute
Dear Clive I understand that there is a way to deal with disputes when you split up from your partner where you don't have to go to court - does this process actually exist? Ben

Legal Claims - Stamp Duty
Dear Clive Has the change in stamp duty made it more difficult for me to sell my house, it's on the market for £260,000. Richard

Legal Claims - Mediation Fees
Dear Clive Can Mediation help save myself and my former partner with breakdown of our relationship? However we don't have any money to pay fees. Will

Legal Claims - Son Prison
Dear Clive My son is currently serving a two year prison sentence. He has now been told he's not eligible for early release on a home detention curfew. Why is that he's a model prisoner all of the prison guards say he shouldn't be locked up. All he did was make one daft mistake. Anom

Legal Claim - Hotel Claim
Dear Clive I booked an overnight trip to London last month to see a play which included both accommodation at a hotel and travel by a train. I booked this trip through a travel agent. Unfortunately whilst I was away had an accident in the hotel. I tripped down a step at the bottom of the bed causing me to fall and break my ankle. I wondered if I could claim against the travel agent as opposed to claiming against the hotel but was told by a friend that I might not be able to do this because the trip was in this country. Sarah

Legal Claims - Disability Discrimination
Dear Clive I have been wheelchair bound for the past 10 years and rely heavily on my friends and family. Last week I went for a meal at an Italian restaurant to celebrate my brother's birthday but, when I went to go to the toilet, I found that the toilet was downstairs. There was no ramp or lift and I had to be carried dwnstairs. I found this extremely humiliating and left shortly afterwards as I felt people were staring and taling about me. Is there any legal action I can take to ensure this does not happen to anbody else? Simon

Legal Claims - Council Fault
Dear Clive I fell in the street near where I live about 7 weeks. I fell due to a broken paving slab. I complained to the Council but the have now written to me saying they don't accept it was there fault because it was not there when they inspected the area last. It seems to me that the Council do not accept potholes can occur after their inspections. I am still in pain with my knee though their fault. What can I do? Vicky

Legal Claims - Injuries Gone
Dear Clive Can you put in a claim when your injuries have gone? I tripped over a mop in my local store in the summer injuring my wrist and knees. The girl who had left the mop lying there apologised, helped me up, and got the manager who took my details. I was sore and bruised for a month or so but I never thought to put in a claim. Is it too late to claim now because I never took photos and my wrist and knees are all better? Joanne

Legal Claims - House Flooded
Dear Clive I've just put in a offer for a house but am worried by al the recent news stories about properties being flooded, is there anything I can do? Dorothy

Legal Claims - Son Contact
Dear Clive I have a 1 year old son and I am seperated from his dad. We weren't married. My son's Dad has recently got in contact and he wants to see our son but he has a history of drugs and alcohol abuse. He is named on my son's birth certificate so does this mean I have to let him see him? Andrea

Legal Claims - Job Claim
Dear Clive I recently quit my job in a Hotel as I simply could not cope. I felt overworked, belittled by management and was not taken seriously when I raised any issues with work or my colleagues. Is there any legal action I can take? Martin

Legal Claims - Care Home
Dear Clive My mother unexpectedly passed away in a local care home. I understand there are some concerns regarding the circumstances surrounding her death and the Coroner is involved. What does this mean? Maureen

Legal Claims - Moving House
Dear Clive I'm looking to move house, I will have a sale and purchase but don't know at what stage I should instruct a solicitor? Lee

Legal Claims - Hearing Loss
Dear Clive I have recently noticed that I am having problems with my hearing. My wife regularly comments that I have the TV too loud and I struggle to hear people talking in crowded places. I worked as a Miner years and the job was very noisy. We weren't given anything to protect our ears. I haven't worked with noise for quite a long time but it is only recently that I have noticed the problem with my hearing. Is it worth making a claim? Wifred

Legal Claims - Mam Inheritance
Dear Clive My mother died last week in Devon. I'm her only child. I've a nasty feeling that her "carer" was exploiting her; she was a frail old lady and easily led. She may have even given her the house. How can I find out what has happened and get stuff back? Alison

Legal Claims - Hearing Claim
Dear Clive I am a bit hard of hearing and one of my mates at work has said that the noise levels in the plant must be unlawful, and I should be able to claim for that. Can you tell me what the legal noise levels are. Jason

Legal Claims - Work Claim
Dear Clive I have been off work for the past 4 months as I have suffered from an injury to my ankle. I am a mechanic and my injury was caused whilst walking through my place of work, I slipped on oil which my colleague had spilt about half an hour earlier, he advised me that he would clear the spillage away but failed to do so. Am I able to make a claim for compensation for my injuries and if so who would my claim be directed towards? Andy

Legal Claims - Carer Negligence
Dear Clive My mum is in a home and I am not happy about her care. She slipped and fell in a toilet in the home with her carer outside the toilet, and I didn't even find out about it until a couple of days later when I made my usual visit. They shouldn't have left her alone, and there has been incidents before - she could have choked on pills that were too big for her to swallow when there were other options available. John

Legla Claims - Passenger Claim
Dear Clive I was recently a passnger in a car which drove in to the back of another vehicle. I have suffered a bad back ever since and was thinking of making a claim. I have received a phone call from the driver's insurance company offering me £1000 to settle any claim. I am not sure what to do. Mark

Legal Claims - Work Injury
Dear Clive I am an agency worker and I have worked for the same company for a period of 3 months. I recently suffered injury to my back whilst lifting heavy boxes at work; I never received any manual handling training. Following my accident I asked my employer to record it in the accident book but I was told that they did not have one. A number of colleagues witnesses my accident and they too have had no training. Can I make a claim for a personal injury even though I am an agency worker and my accident has not been recorded? Sam

Legal Claims - Claim Cost
Dear Clive I was involved in an accident and want to make a claim but I am confused as to whether this will cost me anything as I can not afford any solicitors fees. The no win no fee agreements I hear about seem too good to be true. Sarah

Legal Claims - Cosmetic Surgery
Dear Clive I recently underwent a cosmetic surgical procedure and there were complications.I have tried to talk to the clinic about the outcome but they are dismissing my concerns. What can I do? Victoria

Legal Claims - Tenancy Aggreement
Dear Clive Can My Tenant End A Tenancy Agreement Early? Pete

Legal Claims - To Buy
Dear Clive What is Help to Buy? Ian

Legal Claims - Minor Assault
Dear Clive I was arrested back in December 2012 and still remain on bail to go back to the police station. How long can the police keep me on bail? It is only a minor offence of assault . George

Legal Claims - Hospital Support
Dear Clive I am concerned about the care my mother has received at a local hospital. Who can I turn to for advice and support? Susan

Legal Claims - Marriage Divorce
Dear Clive My husband and I seperated 12 months ago and we have decided that te marriage is over. I wish to commence divorce proceedings but I have heard that there are different grounds and I don't know where to start. Dear Katie

Legal Claims - Adoption Agreement
Dear Clive I am in the process of buying a new build property and a friend has advised me to make sure there is an adoption agreement for the roads. Can you explain what they mean by this? Chris

Legal Claim - Landlord Repairs
Dear Clive I live in a rented property with my family and the electrics keep going off. This has been ongoing since February this year. I told my landlord about the problem, but they have told me that because I live in the property it is my responsibility. I have had a quote for the work; however it is more expensive than I can afford and I don't have insurance. My friend told me that I shouldn't have to pay and that my landlord should sort it out. There is no reference to repairs to the electrics in my tenancy agreement. Is this the case? Mr J Foster

Legal Claims - Son Property
Dear Clive I own my house in my own name and live in it with my partner. I want to leave the house to my son in my Will. Can I protect my partner if she wanted to continue living in our home after my death? Archie

Legal Claim - Deeds Covenants
Dear Clive I plan on adding a conservatory to my new build house, I've checked and I don't need planning permission or building regulations but I remember being told something about 'convenants' in the title deeds, what do I need to do? Gary

Legal Claims - Move business
Dear Clive If I was to accept a short lease, will I be forced to move from my business premises at the end of that period? Stella

Legal Claims - Time Limits
Dear Clive I suffered from injury to my back 2 years ago in a road traffic accident, I have been receiving treatment for back pain ever since and am contemplating making a claim for compensation. I was recently advised that there are time limits to making a claim for personal injury;do I still have time to do this? Kind regards John

Legal Claims - Licence Test
Dear Clive I have six points on my provisional licence and am due to sit my driving test in the next few weeks. Someone has told me that I will have to sit my test againbecause the six points will result in my licence immediately being revoked once I pass my test. Is this right, it sounds a bit silly that I have to sit a test twice very quickly Michael

Legal Claims - Deal Scheme
I have heard a lot of people talking about a new scheme called the Green Deal, can you tell me what this is? Dear Clive Maureen

Legal Claims - Son Contact
Dear Clive I have a 1 year old son and I am seperated from hid Dad. We weren't married. My son's Dad has recently got in contact and he want's to see our son but he has a history of drug and alcohol abuse. He is named on my son's birth certificate so does this mean I have to let him see him? Haley

Legal Claims - Training Job
Dear Clive I was involved in an accident at work last year in which I suffered injuries to my back, shoulder and head. I feel that the accident would not have occured if I had been provided with the manual handling trining given to my colleagues. I was going to make a claim for personal injuries but a colleague warned that I would be stupid to do so as I would lose my job. Would making a claim affect my job? I can not afford to be out of work after having so much time off sick. Nick

Legal Claims - Knocked Down
Dear Clive Six months ago my eight year old son Peter was knocked down as I walked him to school. Peter was very lucky and suffered only bad cuts and bruises, from which he has made a good recovery. However, even though it is now six months since the accident, I am still suffering from nightmares. I now walk my sona different route to school because I feel anxious and panicky going back to where the accident occurred. I know I shouldn't, but I can't help blaming myself for the accident, and feel so low that I've had to take time off work. Can I make a claim for personal Injury even thugh I wasn't injured? Susan

Legal Claims - Injury Pub
Dear Clive Recently I badly hurt my ankle on a visit to a local pub. The pub has a large been garden, part of which is wooden decking. As I walked across the decking my foot went straight through causing me to twist my ankle and fall. When I looked at the decking, I saw that it was old and rotten. I went to my local walk-in-centre who referred me for X-rays. Thankfully, the X-rays confirmed that I had not broken anything, but I've now had to have a week off work and am worried that I will end up out-of-pocket. A friend has told me that I should make a claim for personal injury, but I'm not sure how I go about doing this. Can you help? Simon

Legal Claims - Self Employed
Dear Clive I am self employed as a brick layer and have worked on and off various building sites contracted as a day worker for many years. Recently I had the misfortune to fall off some scaffolding and suffered a soft tissue injury to my lumbar spine. I have already contacted a firm of solicitors, however, they advised me that I could not make a claim as I was self employed, is this right? King Regards Steve

Legal Claims - Inquest Solicitor
Dear Clive My husband recently passed away following a period of time in Hospital where he received extremely poor treatment that I believe led to his death. The matter is currently being investigated by the Coroner and I understand that there will be an inquest I am extremely nervous about attending this alone and am worried that I will not be able to ask any questions when I am there. Please could you tell me if I would be able to take a Solicitor with me to represent me? Mary

Legal Claims - Flight Claim
Dear Clive y partner, two young children and I have just returned home from a holiday. Our flight home was delayed for 4 hours and a friend has told me that I can claim compensation in respect of the delay. How do I go about this? Lucy

Legal Claims - Injury Holiday
Dear Clive When I was on holiday last year the coach I was travelling on from the airport to our hotel collided into the back of another coach. I suffered whiplash and feel that the holiday was ruined as I could barely move or participate in any activities all holiday. I still suffer from stiffness in my neck and would like to know whether I can make a personal injury claim even though the accident happened abroad. Michael

Legal Claims - Stress Claim
Dear Clive I have seen solicitors adverts for accident at work but is it possible to claim for stress at work as well? My employer just keeps piling the work on and imposing deadlines I have no hope of reaching. I know the economys not great but its making me feel sick all the time and I have trouble sleeping etc. Can I claim ans is it worth claiming? David

Legal Claims - Choose Solicitor
Dear Clive I have been represented by you for years and I am now reading that the Government intend to tell you who your solicitor is to be in the future. How can someone like Eddie Stobbart represent me in Court? I thought he was a lorry driver. That can't be right, I must have you deal with my matters because you know all about me and always do a good job. Please tell me that I can choose my own solicitor. Johnny

Legal Claims - Employment Claim
Dear Clive I am so stressed at work. My employer keeps giving me more and more work to do and there simply aren't enough hours in the day to do it. They don't pay overtime yet I find myself staying late regardless to try and make a dent in my work but I just get given more work to do including stuff that others could and should be doing and so I get more stressed. It is affecting my sleep and home life too. I've asked for help but nothing has been done. Can I make a claim? Deborah

Legal Claims - Mental Health
Dear Clive My elderly mother has been diagnosed with late onset schizophrenia and has been sectioned under the mental health act. She is detained in hospital and I just want to look after her myself at home. Is there anything I can do? Joan

Legal Claims - Secure Will
Dear Clive Our daughter (15) has learning difficulties. She may never be able to earn a living. We cannot say yet whether she'll be able to live by herself, and it is likely that she'll be on some sort of benefits all her life. We have three other children. Can we make wills to make her life secure when we're no longer here? Sally

Legal Claims - Property Solicitor
Dear Clive I'm buying my Council Flat under the Right to Buy; do I really need a solicitor? John

Legal Claims - fine benefit
Dear Clive I have recently received a leter from Newcastle Magistrates telling me that I have to pay a fine. They say I owe the Court over £400. I have to pay within 28 days. I know nothing about this. Is there anything I can do? I am on benefit and cannot afford to pay this money. Bob

Legal Claims - Legal Aid, Fixed Fee Divorce
Dear Clive I want to get divorced and think that I will be eligible for legal aid as I receive Job Seekers Allowance but my friend has told me that Legal Aid has stopped. Can I still get legal aid for my divorce? Kate.

Legal Claims - Insurance Company
Dear Clive I have heard on the news recently that if i am involved in a road traffic accident I no longer need to contact a solicitor to get compensation because the insurance company of the driver at fault will compensate me directly and I could get more compensation than if a solicitor represented me. Is this the case? John

Legal Claims - landlord claim
Dear Clive I currently live in rented accomodation. Last week I fell down the stairs in my house and badly injured my leg. I fell because one of the stair treads was loose. Over the last couple of months I have complained to the landlord about the loose stair tread on at least three occasions, but nothing was ever done. I feel as if my landlord should compensate me as the accident wasn't my fault and, as a result of my injuries, I've had to have time off work. However, I don't really know how to go about making a claim, can you help? Peter

Legal Claims - Pavement Claim
Dear Clive I was walking along the high street when I slipped as a result of ice on the pavement and injured my ankle, can I make a claim for compensation? Ruth

Legal Claims - Fine Surcharge
Dear Clive My son was recently in court for being drunk in the city centre although he accepted he was in the wrong and deserved to be punished he was not only fined but made to pay a £15 victim surcharge. How is this right as there was no victim. Jack

Legal Claims - Faulty Heating
Dear Clive I moved into my rented home six months ago when it was summertime. As the weather was quite mild I did not feel the need to really use the heating. However, when the weather became colder I felt the need to use it. Unfortunately, the radiators do not seem to work so, unless I use the fire in the living room and plug in heaters which I have bought, the house is very cold. I have told my landlord about the problem every week for the past three months, but they have not done anything about it. Is there anything I can do as it is very cold and my utility bills have increased because of the plug in heaters. Paul

Legal Claims - Challenge Will
Dear Clive My step father recently died and left a will which divides his assets between his children from a previous marriage. Although he raised me from a young age I have not been included in the will which was made before his marriage to my mother. I believe that my step father would have wanted me to receive something. Can I challenge the will? Lauren

Legal Claims - Inheritance Tax
Dear Clive Some years ago, my wife and I made complicated Wills on the advice of a Solicitor, with trusts to avoid Inheritance Tax. They are not in clear English. Can we just do simple Wills leaving all we have to each other then to our families. Ray

Legal Claims - money claim
Dear Clive A car drove into the back of me the other day but the driver said he has no money and does not have insurance. My car needs to be repaired and I have whiplash. What can I do? Who can I claim from? Tom

Legal Claims - home fees
Dear Clive Can I make a claim for care home fees to be refunded by the NHS? And of so how far back can I claim? Dorothy

Legal Claims - compromise agreement
Dear Clive I am taking voluntary redundancy from my role as a human resources advisor and have been told that I need to sign a Compromise Agreement. I am confused as to what this is and why I need to sign it. Laura

Legal Claims - implant recalled
Dear Clive I underwent a hip resurfacing procedure a few years ago and have suffered problems ever since. The Hospital have told me that the procedure has failed and that product that was used has been recalled and that I will need undergo further surgery. I am concerned that I have been given an implant that has had to be recalled. I have not been given much information about the reason for the recall and I would like to know if this has anything to do with the reason that my operation was not a success and also whether I am likely to suffer any long term problems as a result of this. Ethel

Legal Claims - solicitors fees
Dear Clive I was involved in an accident and want to make a claim but I am confused as to whether this will cost me anything as I can not afford any solicitors fees. The no win no fee agreements I hear about seem to good to be true. Sarah

Legal Claims assets court
Dear Clive My Husband and I are struggling to agree anything surrounding our divorce either in relation to our children or in relation to the division of our assets. Can I just ask my solicitor to apply to court instead. Claire

Legal Claims - claim percentage
Dear Clive I had an accident at work a couple of months ago. I broke my arm and am thinking of claiming compensation. what percentage of my compensation would I get? Bobby

Legal Claims - claim insurance
Dear Clive I was recently a passenger in a car which drove in to the back of another vehicle. I have suffered a bad back ever since and was thinking of making a claim. I have received a phone call from the driver's insurance company offering me £1000 to settle any claim. I am not sure what to do. Mark

Legal Claims - loan bankruptcy
Dear Clive Will my student loan be written off as part of bankruptcy ? Mel

Legal Claims - name drive
Dear Clive I have just received a notice from the police asking me to name, who was driving my car on the x October 2012 on the A14 near Huntingson at 15.06 hours. I don't even know where Huntingdon is! It is obvious the Police have made a mistake what should I do? Chris

Legal Claims - Unfair dismissal
I have recently been suspended from work for allegations of misconduct. I'm really upset about this as I've never been in trouble before. I'm afraid that I will now be sacked and I don't know what to do.

Legal Claims - dog claim
Dear Clive I was bitten by my neighbour's dog; Can I make a claim for compensation? Jen

Legal Claims - council nhs
Dear Clive I have been injured in an accident and the council say they're not to blame. I have been told I should have physiotherapy which is best done privately, but I am worried the council won't pay for it even if we win, because they'll say I should have used the NHS. Matt

Legal Claims - inheritance tax
Dear Clive My elderly aunt is in the process of drafting her will and is confused over whether her family will have to pay any inheritance tax after she dies. Is it true that the tax rate is currently 40%? Helen Dear Helen

Legal Claims - children court
Dear Clive My Husband and I are going through a divorce but we can't agree on the time that each of us spend with our children. Do we have to sort it out at court, or is there some way that we can try and reach agreement without involving a Judge having to make a decision? Nicola

Legal Claim - husband house
Dear Clive I wish to get divorced now that my children are independent. I also wish to get a court order to remove my husband from our house. Can I get an order like that? Molly

Legal Claims - flat deposit
Dear Clive I recently moved out of rented flat and my former Landlord has told me that he is keeping all of my deposit that I paid at the start of my tenancy. Can he do this? Nick

Legal Claims - wrong information
Dear Clive My brother has just died and I was horrified to find that his Will (made by a Will making firm) is wrong. I know he wanted all he had to go to four nephews and nieces but the Will only names three. My son thinks it most unfair that he won't get anything and I'm sure my brother will be turning in his grave. Harry

Legal Claim - police warning
Dear Clive I received a harrassment warning from the police. At the time the police officer told me that it was no admission of my guilt, it was just that someone made allegations against me and they were informing me of this and not to have any further contact with this person. I am now worried as I've been told it can come up an enhanced CRB, I am a nurse by profession. Iain

Legal Claims - landlord deposit
I recently moved out of rented flat and my former Landlord has told me that he is keeping all of my deposit that I paid at the start of my tenancy. Can he do this? Hazel

Legal Claim - passenger accident
I was recently a passenger in a car which drove in to the back of the vehicle in front of us. I have been suffering from a bad back ever since and I was thinking of seeing a solicitor about making a claim against the driver. I have however received a phone call from the driver's insurance company offering me £1000 to settle any claim and now I am not sure what to do. Is it better for me to just take the money offered? Joe

Football Competition
Hello readers Clive McKeag is taking a little break from the column for a couple of weeks but will be returning soon to answer all of your questions.

Legal Claims- fees appeal
Dear Clive My elderly father has been in a care home for the last year. We have been told that he has to pay his own fees and that he is not eligible for any help from the NHS as he has not been assessed as having significant health care needs.

Legal Claims - nursing home
My elderly father died recently. He had been resident in a nursing home for several years before he died and had significant health care needs. I have heard that it is possible to claim for a refund of care home fees from the NHS but I don't know how to go about this. Is it too late to make a claim?

Legal Claim - help fees
Dear Clive My elderly mother had been in a care home for the last three years. Her health has deteriorated and she is now virtually bedridden and very frail. She had to sell her house in order to pay the home's fees and I am worried that the money may run out. Can we apply for any help towards the fees?

Legal Claims - Catheter
Dear Mr Clive, I recently went into hospital for surgery and the staff accidently inserted a female catheter instead of a male catheter. I have since been left with problems in relation to continence, is there anything I can do about this?

Legal Claims - Swimming Lessons
Dear Clive I am a newly qualified teacher and my class has to go to the local swimming pool for lessons. Could I be held responsible if anyhting happened to them? Jack

Legal Claims - Handbrake Turn
Dear Clive, I was stopped by the police who said I had carried out a handbrake turn when going aroung the roundabout. This I denied. They issued me with a car seizure warning. What does this mean? Can they take my car? George

PIP_Implants_Claim
Dear Clive I underwent breast enhancement surgery last year and was given PIP implants. I am now extremely worried about how safe these implants are and whether I will be able to get them taken out if they are faulty. Please can you tell me whether the implants are safe and whether I would be able to claim against the private hospital for giving me PIP implants?

Legal Claim - vibration syndrome
Dear Clive I have been diagnosed as suffering Hand Arm Vibration syndrome through my work, but I have had numerous employers over the years. How do I prove which employer is to blame and and can I still get compensation.

Legal Claims - cica
Dear Clive Can I get legal aid for a Solicitor to represent me at a CICA Appeal Tribunal hearing?

Legal Claim - whiplash local
A few weeks ago someone went into the back of my car and I now have Whiplash. When I told my insurance company about it they told me that I have to make a claim through their solicitors in Liverpool but I would rather deal with a local Solicitor. Can I make a personal injury claim through a local solicitor even though I am claiming through my insurance company to get my car fixed?

Legal Claims - heart attack
I recently went to my local pharmacy to collect a repeat prescription of my usual blood pressure medication.

Legal Claims - legal aid
Can I get legal aid for a solicitor to represent me at a CICA Appeal Tribunal hearing?

Legal Claims - surgery implants
I underwent breast enhancement surgery last year and was given PIP implants. I am now extremely worried about how safe these implants are and whether I will be able to get them taken out if they are faulty.

Legal Claim - accident whiplash
I was involved in a car accident and my GP said that I suffered whiplash. I have received a call from the insurance company of the person at fault for the accident offering me £800.00 for my injuries. Should I take it?

Legal Claims - death stamps
My father has died and my sister and I have been left everything.

Legal Claims - hearing employment
I have noticed that my hearing had deteriorated recently and I wondered if this may have been caused by my previous employment as I worked in a very noisy factory for many years and I was not provided with any ear defenders. I have not worked for a number of years and I would like to know what I need to do to see if I have a claim?

Legal Claims - job resign
I wish to resign from my job which I have only worked at for 6 weeks. How much notice do I need to give my employer?

Legal Claims - property share
I lived with my partner for over 10 years. We seperated some time ago. We have never married. We have 2 children. The property is in joint names. I have not contributed towards the property for 10 years. Can I claim an equal share of the property and force my ex partner to sell it?

Legal Claims - fence obstruction
My neighbour had recently built a fence between our drives which is partially obstructing my access. I think that this fence might actually partially be on my land. What can I do?

Legal Claims - nursing home reimbursement
I read your column a few weeks about Nursing Fee reimbursement. My dad has been in a care home for some time and has been paying his own fees but I don't think he should be because he is unable to look after himself. Is it right that he should still be paying?

Legal Claims - personal injury
Last weekend I was involved in a road traffic accident which was not my fault. I have been recommended to go through your Accident Care scheme by a friend but as I work until 6pm each day I wouldn't be able to attend your office during working hours. Is there any way in which you may still be able to assist.

Legal Claims - death without will
I am a 62 year old woman and my partner who was 65 has died suddenly. He always thought that he would outlive me as he was older and he refused to make a Will - I told him every year that he should do so but he wouldn't. He assumed that I would get everything.

Legal Claims - criminal damage
My daughter who is thirteen was arrested by police after a neighbour said she had damaged his car with a stone. The police have said they are not going to charge her but have said they are looking at triage what does this mean?

Legal Claims - title deeds
A couple of weeks ago I changed mortgage company and now I have been sent a pile of old documents which I think are my title deeds; what should I do with them? Do they need to be sent to my new mortgage company?

Personal Injury Claim - Trip
A couple of weeks ago I was playing with my young son in the local park when suddenly I tripped and fell badly on my right elbow. When I looked down I could see that I had tripped where tree roots had caused the paving flags to become cracked and disjointed.......

Local Authority Tenant Claim
I am a Local Authority Tenant and have been for the past ten years. I have always paid my rent on time and have had no problems up unitl May of this year.

Care Home Claim
My mother has Alzheimer's disease and is now in a care home. She pays a fee each month for staying there but I've heard that she should not have to pay anything. Is this correct?

Vehicle Repair for Damage
My car was recently parked at the side of the road when a car reversed out of their driveway and into my vehicle. The damage to my car is quite bad and I am worried about being without transport whilst the repairs are carried out. Is there anything I can do?

Clinical Negligence Claim
My aunt has recently died of cancer after her doctor said her lump was nothing to worry about. My Uncle wants to sue and I have said it should be straightforward but he is worried about cost and someone has told him it is not straighforward and will not go through automatically. Surely the doctor must be responsible?

Accident at work - Employment
I had and accident at work a couple of years ago but didn't want to make a claim then incase they sacked me. I have now been made redundant and want to make a claim, am I too late?

Purchase - Joint owners - Conveyancing
I am buying a flat jointly with my dad, I'm a first time buyer but he is not, will I have to pay stamp duty?

Legal Claims - Harassment - Police
I was spoken to by the police after my ex girlfriend said I had been harassing her. I told the police this wasn't true it was the other way round she was harassing me. They did not seem to take any notice of what I had to say and instead issued me with a harassment warning.....

Legal Claims - Accident at Work
I have worked for my employer for 3 months and suffered an injury to my back whilst lifting heavy boxes during the course of my employment. This was a task which was part of my job description but I never received any manual handling training.....

Legal Claims - Mediation Divorce agreement
My Wife and I cannot agree to anything in relation to our Divorce ............

Legal Claims - Alzheimer's disease
My mother has recently been diagnosed with Alzheimer's disease...

Power of Attorney - Claims
My mother is very ill and has difficulty remembering things. The Social Woker has told me that she should give me Power of Attorney so I can manage things for her.....

Accident Care - Car Accident Claim
A few days ago I was driving along the road near my house when a man pulled out from a side road without giving way. I slammed on my brakes but I was unable to stop in time.

Divorce without Court
My Husband and I wish to divorce without going to court - is this possible?

Slip in a Shop - Claim
Last week when I was out shopping in a local supermarket I slipped over on some spilt milk and hit my head on the floor. I was very embarrassed and felt a bit dizzy, but I was able to get back up and dust myself down. A member of staff came over to see if I was alright, but I told him that I was fine and just continued with my shopping.....

Legal Claims - Legal Aid


Legal Claim - Will Destroyed In Fire
My brother died last week in a house fire, I think he kept his will at home and it must have been destroyed in the fire. I know that he wanted everything to go to me and not to his two sisters but if his will is destroyed won't it go to the three of us equally?

Legal Claims - Accident at work
I was hurt in an accident where I work and I want to make a claim. Can I do this while I still work there?

Legal Claims - divorced husband
I have just been divorced. In my Will I left everything to my ex-husband. I believe that as we are divorced this no longer counts. Should I make a new Will?

Legal Claims - accident insurance
Last summer I was involved in a car accident when someone drove into the back of my car whilst I was waiting at red traffic lights. At the time I couldn't afford to pay my insurance excess and so there is still a dent in my car. Since the accident I have had niggling pains in my neck which don't seem to be getting any better and my GP has now referred me for physiotherapy treatment.

Divorce
My husband and I are thinking or perhaps separating or divorcing - we get on well - can we go and see the same solicitor?.....

Legal Claims - Negligent Hospital Treatment-
My mother is currently in hospital receiving treatment for pneumonia and has been for a number of weeks now and whilst she has been there, me and my family have been extremely unhappy with the standard of treatment that she has received.............................

Road-Traffic-Accident-Whiplash
I was recently involved in a Road Traffic Accident that was not my fault, it was not serious but I have suffered from whiplash. I contacted a solictor but I am not sure if I want to make a claim......

Slip-On-Ice
I was walking along a street in the bad weather, when suddenly I slipped as a result of ice on the pavement and injured my arm. Can I make a claim? Helen.

Accident Claim Enquiry
Last week when I was out shopping in a local supermarket I slipped over on some split milk and hit my head on the floor. I was very embarrassed, and felt a bit dizzy, but I was able to get back up and dust myself down...

Separation / Divorce Enquiry
My Husband and I are thinking of perhaps separating or divorcing – we get on well – can we go and see the same solicitor?

Accident Claim Enquiry
I was hurt in an accident where I work and I want to make a claim. Can I do this while I still work there?

Wills Enquiry
My brother died last week in a house fire. I think he kept his Will at home and it must have been destroyed in the fire. I know that he wanted everything to go to me and not to his two sisters but if his Will is destroyed won’t it go to the three of us equally?

Domestic Violence Enquiry
I have recently left my ex partner. He was violent towards me on almost a daily basis. On one occasion I ended up in hospital. He turned up at my door last night making threats to harm me and he has started texting me every day. I am very frightened. What can I do?

Local Authority - Rent Claims


Landlord Local Authority Claims
I am a Local Authority tenant and moved into my house in May this year. When I moved in I that the bare plasterwork in the living room was severley cracked and crumbling away. I told the Local Authority about this straight away and said that I do not feel I can decorate while the walls are like this.....