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<copyright>Copyright &#169; 2012 Lanyon Bowdler Solicitors</copyright>
<pubDate>Sun, 05 Feb 2012 07:50:57 +0000</pubDate>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<link>http://blog.lblaw.co.uk/</link>
<description>Lanyon Bowlder Solicitors blog.</description>
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<title><![CDATA[Company Commercial Team Compete in the Cold]]></title>
<link>http://blog.lblaw.co.uk/company-commercial-team-compete-in-the-cold-364/</link>
<description><![CDATA[
The Company Commercial team at Lanyon Bowdler were active last weekend training for and competing in the various sporting passions they pursue when not in the office.
Kathryn Morgans, a trainee solicitor in the team, represented Wolverhampton and Bilston Athletics Club on Saturday 28 January at the Midlands Counties Cross Country Championships in Nottingham. Kathryn said: The womens race was a national standard event and took in several muddy and hilly loops of Wollaton Hall and Deer Park. Despite being sunny it was really cold so it was good to see runners of all abilities from Shropshire and the West Midlands turning out to compete.
Ruth James, associate solicitor, had a successful day on Sunday 29 January competing at the Stourport Head of the River race as a member of the womens eight from Ironbridge Rowing Club. Ruths crew coped with the freezing conditions on the water and cruised to victory in both the morning and afternoon divisions. Ruth, who rows at number seven seat, commented: It was difficult to keep warm sat waiting for the race to start, but rowing a 4,500 metre course soon warms you up! We were pleased with our win in the morning but were thrilled to win again in a higher category in the afternoon - a clean sweep for Ironbridge!
Meanwhile, partner and head of the team Richard Murrall is well into a training schedule preparing for his forthcoming coast-to-coast bike ride challenge which he intends to complete in May. Richard spent Sunday out on his bike in the cold and fog covering a 32 mile training circuit through the West Midlands. He said: I am conscious that cycling coast-to-coast in three days will be tough, so Im very aware that there is still much work to be done.]]></description>
<category><![CDATA[Lanyon Bowdler News]]></category>
<pubDate>Thu, 02 Feb 2012 10:47:24 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/company-commercial-team-compete-in-the-cold-364/</guid>
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<title><![CDATA[Metal on Metal Hip Replacements Risk - Cause for Concern?]]></title>
<link>http://blog.lblaw.co.uk/metal-on-metal-hip-replacements-risk-cause-for-concern-363/</link>
<description><![CDATA[
There is much in the media this week regarding the growing concerns in the medical profession about the safety of metal of metal hip replacements.  The Medicines and Healthcare products Regulatory Agency (MHRA) are launching an investigation into the safety of these implants.These types of prosthesis became common from the mid-1990s in preference to the traditional type of prosthesis of metal ball in plastic socket. With the metal on metal hip replacement the metal femoral ball which sits on the top of the leg fits into the metal acetabular socket which is attached to the hip. Studies have shown an increase in failure rate of the metal on metal prosthesis and, of more concern to recipients, evidence to a reaction to a build up of metal debris from the wear and tear of the socket and a reaction to the metal itself. Problems occur when the friction between the metal ball and the cup causes tiny metal filings to break off and potentially seep into the blood. These can also cause a soft tissue reaction which can go on to affect muscle and bone.Those patients with metal on metal prosthesis should be reviewed annually. Of particular concern was the De Puy models now taken off the market in September 2010.Patients should have been told what type of prosthesis was used in their hip replacement procedure. Those with a De Puy prosthesis should have already been called back for checks however, if you are concerned at all with regard to whether you should be reviewed and as to what type of prosthesis was used it is recommended that you contact the hospital where the procedure was carried out.The MHRA has stressed that the majority of people with such devices are at low risk of developing serious problems but if you have any concerns the advice is to contact your doctor. Complaints of discomfort in the groin, discomfort in the outside of  the hip or buttock or a  mass or visible swelling around the hip, clicking or clanking of the hip or the patient saying the hip gives way should prompt a referral to an orthopaedic specialist ( British Medical Journal).If you require any advice or assistance with regard to metal on metal hip replacements then please contact a member of our clinical negligence team on 0800 954 9936 
]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Tue, 31 Jan 2012 15:52:00 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/metal-on-metal-hip-replacements-risk-cause-for-concern-363/</guid>
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<title><![CDATA[Miss Radnorshire Galaxy To Skydive for Help for Heroes]]></title>
<link>http://blog.lblaw.co.uk/miss-radnorshire-galaxy-to-skydive-for-help-for-heroes-362/</link>
<description><![CDATA[
On 23 May 2012 I will be doing a charity skydive in aid of Help for Heroes at the Airfield Camp, Netheravon, Wiltshire. 
Some time ago, I wrote to an old friend (a Royal Marine) who was at the time serving in Afghanistan. The day after he received my letter, he was injured in an IED explosion which resulted in him having his leg amputated. He is 24 years old. After initial treatment, he was taken to Headley Court in Surrey where all wounded soldiers stay until they are recovered. 
I really feel that raising money for this cause is important. Help for Heroes is such an inspiring and worthy charity, caring for all the brave men and women injured in service, and they deserve the best treatment. There are hundreds of men and women in Headley Court, some who are barely over the age of 21, who have suffered loss of limbs.  There are many more who have lost their lives in the line of duty.  
I will be doing a bag pack at Newtown Morrisons on 24 February with the current Miss Galaxy International  - Jamie Lee Williams a local Oswestry girl.  I will also be attending Help for Heroes fundraising events.  
If you would like to sponsor my skydive, you can donate online at www.bmycharity.com/larastephen.  
As I am also the current Miss Radnorshire Galaxy  I will be doing the skydive wearing my sash..!
 
 ]]></description>
<category><![CDATA[Charity and Fundraising]]></category>
<pubDate>Thu, 26 Jan 2012 11:49:11 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/miss-radnorshire-galaxy-to-skydive-for-help-for-heroes-362/</guid>
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<title><![CDATA[Increase in Dangerous and Illegal Dogs in the West Midlands]]></title>
<link>http://blog.lblaw.co.uk/increase-in-dangerous-and-illegal-dogs-in-the-west-midlands-361/</link>
<description><![CDATA[
The subject of dangerous dogs is featuring heavily in the news at the moment, and there is a continuing problem of dangerous and illegal dogs in the West Midlands.Although the majority of dog owners are responsible and care for their animals, sadly certain individuals choose particular breeds of dog, some of which are already illegal, for use in criminal activities or as protection dogs, creating an animal which is out of control, aggressive and dangerous, through no fault of its own.Many dog owners and victims alike will be uncertain of the laws surrounding dog attacks.  If you are the owner, are you liable if your dog injures or attacks somebody?  If you are the victim of an attack, can you claim for compensation and press criminal charges?Responsible owners of dogs would not be held responsible as they ensure their dogs are kept under sufficient control so as to avoid causing anyone any injury.  In fact a large majority of dog owners themselves are concerned that there are a small minority who mistreat dogs which can often result in the dog turning and attacking someone innocent.The reality of dog bite attacks is that they often involve severe injuries which lead to permanent scarring.  Of course, in addition to the physical injury there is the psychological impact, not only from the scarring, but also from the attack itself.  Often the attacks are not just a little bite from a dog, they are vicious aggressive attacks and can often involve more than one bite.  An attack by a dog can be incredibly distressing, aside from the physical injury.  In severe cases victims require cognitive behaviour therapy to assist them to deal with a phobia of dogs. It is also an unfortunate fact that dog bite claims are on the increase, and statistically children between the ages of 5 to 9 years are most vulnerable.  More than half the incidents involving dog bites require medical attention and a high percentage are fatal.For successful compensation claims a dog owner would only be potentially liable for injuries if their breed of dog falls under the Dangerous Dogs Act 1991 or if they had the knowledge that their dog has previously shown a tendency of aggressive behaviour, or has previously bitten.  The Dangerous Dogs Act came into force in May 1991 and it states that any Pit Bull Terrier, (Pit Bull Type), Japanese Tosa and Fila Brazilliero, must be muzzled and on a lead whilst in any public place.  Because these dogs are classed as "dangerous breeds" any injury caused will automatically lead to compensation, irrespective of any previous incidents.  If you own one of these breeds of dog it is an offence not to have them muzzled and on a lead, any failure to do so can lead to a fine, or imprisonment for up to 6 months, or in some cases both.  In addition a clause within the Act, which is applicable to all dogs in the UK, states any dog "dangerously out of control in a public place" would also be liable for destruction.In addition, for a successful claim the dog either has to be listed under the Dangerous Dogs Act or proof has to be obtained that the owner should have known that their dog would attack in the given circumstances of the case.  Often either of these things can be proved but victims are left uncompensated because the owner of the dog has no insurance or money to cover the compensation for the victim.  The victim is then left with permanent scarring and distress with no recompense.I am disappointed that in March 2010 the Government announced a compulsory insurance on dogs but then ruled it out only a week later they on the basis that they did not want to penalise responsible owners. There are a staggering 200,000 dog bites in the UK each year, often leaving the victim with permanent physical and psychological scarring.  Responsible owners would have nothing to fear - if you are responsible with your dog, these incidents are likely to be avoided.  In addition, irresponsible owners of dogs would be highlighted as insurance companies would be aware of the claims being made.Often victims of dog attacks do not know that they can claim for compensation due to the actions of irresponsible dog owners.  It is a very sad fact that some people who own dogs do not take responsibility for them or indeed choose a particular breed to use to attack or for dog fighting.  I would urge anyone who has concerns about a dog having a vicious nature to report it immediately to the Police.  Often attacks are not reported to the Police which means there is no evidence of an owners irresponsibility and no way of knowing which owners need education on how to control the dog.  Similarly there would be no records of where owners are using dogs inappropriately.If you have been bitten by a dog contact a local solicitor who specialises in dog attacks, as you may be eligible for a compensation claim.
]]></description>
<category><![CDATA[Personal Injury]]></category>
<pubDate>Tue, 24 Jan 2012 10:34:28 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/increase-in-dangerous-and-illegal-dogs-in-the-west-midlands-361/</guid>
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<title><![CDATA[Pedestrians and Cyclists Listening to Music on Headphones - Hear the Warning]]></title>
<link>http://blog.lblaw.co.uk/pedestrians-and-cyclists-listening-to-music-on-headphones-hear-the-warning-358/</link>
<description><![CDATA[
With the advancement in technology, marvellous devices such as the Ipod allow people to listen to music wherever they may be, but at what price?  Recent studies have shown an increase in accidents involving pedestrians because of the use of such devices.  Accidents where pedestrians are involved always have the potential for the pedestrian to sustain serious or significant injuries which more often than not lead to death. 
Pedestrians and cyclists who use MP3s or the like whilst out and about on the roads should ensure that they take extra care for their own safety.  Whilst headphones are in use, the pedestrian or cyclists concentration is likely to be affected, as is their ability to hear the actions of car drivers around them.  I was recently driving to work when a cyclist pulled out in front of me.  Whilst I had sounded my horn to indicate my presence and alert the young man involved, unfortunately he was completely oblivious to my horn as he had headphones on and no doubt his volume was greater than just background noise.   
Drivers are often criticised in claims involving pedestrians or cyclists for not making the victim aware of their approach, for example for failing to sound their horn or flash their lights or indicate their intention.  Unfortunately, a driver observing a pedestrian who does not seem fully aware of the vehicle's presence will have little impact sounding their horn if the pedestrian or cyclist cannot hear it.  Similarly while devices are on and the headphones in, often the individual can drift off into a world of their own and become very unaware of what is going on around them.   
In accidents involving pedestrians or cyclists using headphones, they should be aware that it is likely that if they are injured and wish to pursue someone for compensation, their compensator may claim contributory negligence against them for failing to take care of their own safety.  Contributory means that they have in some way contributed to the accident and therefore their injuries.  In recent years there have been laws brought in with respect to the use of mobile phones whilst driving and I would welcome similar laws being brought in with respect to the use of headphones - particularly with cyclists.   
Headphones are just as likely to affect concentration as mobile phones, so think twice when 'plugging in' on your journey. 
  
]]></description>
<category><![CDATA[Personal Injury]]></category>
<pubDate>Tue, 17 Jan 2012 11:46:00 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/pedestrians-and-cyclists-listening-to-music-on-headphones-hear-the-warning-358/</guid>
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<title><![CDATA[Botox - The Risks]]></title>
<link>http://blog.lblaw.co.uk/botox-the-risks-357/</link>
<description><![CDATA[
We learned recently of yet further warnings of serious injury associated with the use of botox for cosmetic purposes. 
Research suggests that Botulinum cosmetics products may cause brain damage.  This contradicts earlier findings about using botulinum neurotoxins for cosmetic purposes.
The study by the Italian National Research Council's Institute of Neuroscience, concludes it is not safe to use botulinum products (popularly known by their trade names Botox or Dysport or Xeomin) to get rid of the wrinkles in the face.  These products may cause brain damage because the toxins might be able to travel to the brain.
Worryingly we are told that the researchers injected a botulism product into rat's whisker muscles.  Three days later, they found remnants of a protein broken down by the toxin in part of the brain stem.  Later, signs of the toxin showed up in their brains. They found that it also moved to a part of the brain that controls long-term memory, spatial navigation and eye-head coordination.
It is common knowledge that Botulinum neurotoxin is a poisonous substance.  If inhaled, it would kill a person.  Botulinum toxin causes botulism poisoning, a serious and life-threatening illness in humans and animals.  It works by paralyzing muscles.
We are told that notwithstanding the known poisonous nature of this substance today, botulinum neurotoxin injection is the most commonly performed cosmetic procedure in the world.
Worldwide there has been an increase in lawsuits against manufacturers of botulinum toxins type A products. Many require a warning detailing serious side effects but does this go far enough?
More and more stories are emerging of sufferers of brain injury and other serious side effects arising from the use of botulism injections. Clearly additional research is needed. 
Until then, beware.]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Fri, 13 Jan 2012 16:09:18 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/botox-the-risks-357/</guid>
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<title><![CDATA[Christmas is Stressful Enough - Avoid Seasonal Debt]]></title>
<link>http://blog.lblaw.co.uk/christmas-is-stressful-enough-avoid-seasonal-debt-349/</link>
<description><![CDATA[
Everyone knows that Christmas can be stressful, and especially so from a financial point of view.  In the current tough times, many people may be worrying about finding the money to buy presents and go the extra mile with additional food and drink.  As a result, this can lead to Christmas debt problems which are still being paid off months into the New Year.  

It is always best to plan in advance a budget you can afford to spend, and stick to it.  There is no point getting into debt at Christmas and then struggling to pay it off for the rest of the year.  It is better to be realistic about what you can afford, and it will make for a much more enjoyable Christmas! However, if you do find yourself with a debt you can't manage, it's much better to acknowledge the problem and talk to a debt adviser, who can offer impartial advice to reduce the debt and get your financial situation back under control.


 ]]></description>
<category><![CDATA[Debt Recovery]]></category>
<pubDate>Thu, 08 Dec 2011 09:46:43 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/christmas-is-stressful-enough-avoid-seasonal-debt-349/</guid>
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<title><![CDATA[Shropshire Youth Theatre to Perform Classic Play at Shrewsbury's Theatre Severn]]></title>
<link>http://blog.lblaw.co.uk/shropshire-youth-theatre-to-perform-classic-play-at-shrewsburys-theatre-severn-344/</link>
<description><![CDATA[
The ambitious Shropshire Youth Theatre is a hive of activity once more as preparations and rehearsals start in earnest for the companys next annual production  Bertolt Brechts The Caucasian Chalk Circle, which will run on 23 and 24 March 2012 at Shrewsburys Theatre Severn.  Lanyon Bowdler was delighted to sponsor the groups hugely successful March 2011 production of The Cherry Orchard, at the Theatre Severn and is only too pleased to support their next venture!The play tells the story of a servant girls growing bond with a baby she rescues in the midst of a revolution.  The text also gives the actors the chance to form a small music group which will perform the accompaniment to the songs that form a vital part of the epic drama.  In addition, the actors have to learn a new skill  puppetry!  This will mean special workshops and the opportunity for the company to rise to a new challenge!   Committee Chairman Matthew Broomfield has been keeping us up to date on progress so far, and tells me that the rehearsals are coming along well and on schedule.  At the moment they are working their way through the play and working on each scene as they come to it under the guidance of their director, Andrew Bannerman.   The musicians have also been able to share some of their work with the actors to explore the sounds and rhythms to fit these in with the relevant sections of the play.  Well look forward to hearing how they get on with their puppet rehearsals soon.
]]></description>
<category><![CDATA[Lanyon Bowdler News]]></category>
<pubDate>Thu, 01 Dec 2011 11:38:53 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/shropshire-youth-theatre-to-perform-classic-play-at-shrewsburys-theatre-severn-344/</guid>
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<title><![CDATA[Increase to Unfair Dismissal Qualifying Period]]></title>
<link>http://blog.lblaw.co.uk/increase-to-unfair-dismissal-qualifying-period-336/</link>
<description><![CDATA[
The Chancellor of the Exchequer, George Osborne, announced at the Conservative Party conference that the unfair dismissal qualifying period will rise from one year to two years, with effect from 6 April 2012. This announcement will be a welcome one for employers. The Department for Business, Innovation and Skills (BIS) issued a press release the same day setting out the governments estimates that the proposed changes will save businesses 6 million per year and also result in the number of unfair dismissal claims dropping by 2,000 per year. However, employers should not presume they are completely safe from potential claims in the first year or, from 6 April 2012, the second year, of an employees employment. Claims for discrimination, for example, do not require a minimum qualifying period and so, whilst the number of unfair dismissal claims should reduce, this may result in an increase in the number of discrimination claims, with employees trying to rely on discrimination arguments in the absence of a possible remedy for unfair dismissal. There are also circumstances where a dismissal is automatically unfair even where an employee has not completed a minimum period of service (e.g. where dismissal is because the employee is pregnant). Employers should also ensure that their disciplinary procedures are expressed to be non-contractual (save for provisions relating to the implementation of penalties short of dismissal, other than warnings, such as suspension, demotion, transfer of duties or loss of pay), or otherwise correctly apply any such procedures even when dismissing an employee who does not have unfair dismissal protection, as a failure to follow such procedures may give rise to a claim by the dismissed employee for breach of contract.Finally, employers should be wary of dismissing an employee, without notice or on less than the statutory minimum one weeks notice where that employee is in the 51st, or, after 6 April 2012, the 103rd, week of their employment, as, in the absence of gross misconduct or some other fundamental breach of contract, the effective date of termination will then be extended to the date that the employee's statutory minimum notice would have expired, meaning that the employee will qualify for unfair dismissal protection. However, this principle does not apply in respect of contractual notice periods which are longer than the statutory minimum, e.g. an employee who has been employed for 49 weeks and is contractually entitled to a months notice, but is dismissed without notice, will not qualify for unfair dismissal protection, despite the fact that had he been given proper notice he would have been employed for over a year. He would, however, be entitled to a payment in respect of notice  which could be tax-free, depending on the circumstances. Also, in such circumstances the employer might invalidate post-termination restrictions in the contract of employment.  Whilst the decision to extend the qualifying period is a welcome one for employers, advice should still be sought before dismissing an employee with less than the qualifying period of service to ensure there are no other issues which could give rise to a potential claim and that the employees notice entitlement is dealt with in the way which best suits the employer.If you would like any advice relating to this topic, contact me on 01952 291222 or email bethan.jones@lblaw.co.uk.  
]]></description>
<category><![CDATA[Employment Law]]></category>
<pubDate>Fri, 28 Oct 2011 16:06:51 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/increase-to-unfair-dismissal-qualifying-period-336/</guid>
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<title><![CDATA[Contaminated Saline Poisons 16 at Stepping Hill Hospital]]></title>
<link>http://blog.lblaw.co.uk/contaminated-saline-poisons-16-at-stepping-hill-hospital-332/</link>
<description><![CDATA[
It has today been reported that a total of 16 patients have been poisoned by contaminated saline at the Stepping Hill Hospital.Three of the patients later died and Police continue to investigate whether their deaths were caused as a result of receiving unlawfully administered insulin.As a result, for the time being at least no-one is allowed to administer intravenous drips alone and all keys to medicine cabinets now have to be signed for. Breathing problems The Police were first called to Stepping Hill on 12 July after it was reported that in previous days, there had been a higher than normal number of patients on a particular ward with "unexplained" low blood sugar levels. The deceased are Ms Arden, who suffered from multiple sclerosis and died on 7 July; retired photographer Mr Lancaster who died on 11 July.  The third death was of Mr Weaver, who died on 21 July after suffering a hypoglycaemic episode on 11 July - a day after he was admitted from a care home with breathing problems.Charges dropped 27 year old Nurse, Rebecca Leighton was held in custody for six weeks over the incident. However seven charges against her of criminal damage with intent to endanger life and theft, were later dropped.Ms Leighton was released without charge on 2 September but remains suspended from work while an internal investigation is carried out although she has been told she can return to nursing in the future.If you require any further information with regard to a sudden and unexplained hospital death please contact a member of our clinical negligence team. 
]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Mon, 17 Oct 2011 16:24:09 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/contaminated-saline-poisons-16-at-stepping-hill-hospital-332/</guid>
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