<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0">
<channel>
<copyright>Copyright &#169; 2012 Kate Baker</copyright>
<pubDate>Thu, 17 May 2012 07:48:08 +0100</pubDate>
<lastBuildDate>Thu, 17 May 2012 07:48:08 +0100</lastBuildDate>
<docs>http://blog.lblaw.co.uk/</docs>
<description>Lanyon Bowlder Solicitors blog.</description>
<link>http://blog.lblaw.co.uk/</link>
<title>Lanyon bowdler Blog feed</title>
<image>
<title>Lanyon bowdler Blog feed</title>
<url>http://blog.lblaw.co.uk/images/lanyon-bowdler-logo.gif</url>
<link>http://blog.lblaw.co.uk/</link>
<description>Lanyon Bowlder Solicitors blog.</description>
</image>
<managingEditor>info@lblaw.co.uk (Lanyon Bowdler)</managingEditor>
<webMaster>Kate Baker</webMaster>
<generator>Kate Baker</generator>
<language>en</language>
<category>Legal</category>
<ttl>1440</ttl>
<item>
<title><![CDATA[Referral Fees and Personal Injury Claims]]></title>
<link>http://blog.lblaw.co.uk/referral-fees-and-personal-injury-claims-330/</link>
<description><![CDATA[
The Ministry of Justice have decided to have a stamp down on referral fees in personal injury claims. Referral fees for a personal injury case or leads have been paid to Insurance Companies and Claims Management Companies for many years. This comes as good news, particularly for consumers, but also for many personal injury solicitors who have been concerned about these set-ups for some time.It is fair to say that the media portrayal of the so-called compensation culture does the reputation of the legal profession in general no favours at all. However it doesnt reflect the nature of the vast majority of cases we see, where the client has suffered genuine injury and really needs our help. Often clients lose their livelihood, or need extensive care, as a result of an unexpected accident. We agree with the view of the Ministry of Justice, that the system of referral fees does nothing for the consumer who has inevitably ended up paying more for their insurance, but more than this, it benefits only the middle man and is not in a clients best interests.Cold Calling?A good few of us have probably been subject to cold calling or text messages from unscrupulous claims management companies. Not only does this exacerbate the problems with the referral fee system, but selling personal details without a customer's permission is in fact illegal under the Data Protection Act.An insurer who wants to pass a client's details onto a law firm must say upfront they have such an arrangement in place, and give the insured the option to opt out. However, probably few of us realise when we buy insurance that such an agreement is often buried in the policy's terms and conditions, and even where this isnt the case, there have still been companies contacting consumers in complete breach of the Data Protection Act.Genuine claim and can I use my own solicitor?Where insurance is in place, often clients will be made to use the insurers panel solicitors without being clearly told if and when they are free to make a choice to use their own solicitor.The usual procedure of insurers is to refer claimants to their panel solicitors following an accident. This is why people get letters from lawyers the day after an accident in which they have been involved. The insurers are of course usually incentivised to do so by the payment of a referral fee, or the costs agreements they have with their panel firms. These panel firms are not always the ones with the best reputation and expertise to deal with the claim, particularly if its a serious injury. They may not allocate the case to a sufficiently experienced lawyer or contact, and knowledge of local service providers may be difficult because the firm are many miles from the injured claimant.What many claimants dont realise though is they are able to request their insurers allow them to use their own choice of solicitor, with the insurers paying the costs of that chosen firm. Regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990 ('the Regulations'), specifically provides for claimants to exercise their own choice of lawyer. This regulation is frequently interpreted as meaning that the insured has a right to choose his or her lawyer at the moment when proceedings are issued, but not earlier, meaning that at least initially claimants are referred through to the panel firms of the insurer, but there is case law which challenges this position. Your chosen solicitor may be able to offer you a suitable alternative way of funding your case. You should carefully select your solicitor based on recommendation, quality marks and experience. Should you have a query, or on any of the above, then please contact us.Lanyon Bowdler specialise in Personal Injury Litigation. 
]]></description>
<category><![CDATA[Personal Injury]]></category>
<pubDate>Fri, 14 Oct 2011 10:31:21 +0100</pubDate>
<guid>http://blog.lblaw.co.uk/referral-fees-and-personal-injury-claims-330/</guid>
</item>
<item>
<title><![CDATA[Lanyon Bowdler in the Farming Community]]></title>
<link>http://blog.lblaw.co.uk/lanyon-bowdler-in-the-farming-community-284/</link>
<description><![CDATA[
Since starting work at Lanyon Bowdler, I have seen just how much agriculture is a key part of the work that we do here. At around the same time I started, Ian Goodwin also joined the firm as a partner to head up the Agriculture Department and strengthen the team of people, already working in all their various areas of law, in terms of how they relate to agriculture and farming.  We are the NFUs chosen panel firm of solicitors for Shropshire, Staffordshire and Herefordshire and therefore are involved in many cases on behalf of NFU members; from individual cases, to national issues affecting people all over the country. In addition, the firm has recently expanded its presence in the region with the acquisition of an office in Hereford, taking over Lewis & Co.  This enables us to provide the full range of legal services we offer to farmers and people in Herefordshire, locally. 
Almost every conceivable type of legal question could have an agricultural slant, ranging from employment issues, to land matters, planning, prosecutions, business planning and inheritance tax.the list goes on, and yet each of these areas needs special care and expertise when it comes to agriculture. 
Agriculture itself is also wide ranging, from livestock to arable and energy to environment, again, the list goes on 
We have recently been involved in lots of projects to try and serve the farming community as best we can, attending local livestock markets, NFU meetings and forums to provide help and assistance where its required. We recognise the contribution that farming makes to our food security, the countryside, environmental protection, rural employment and the economy. It is after all a precious part of our heritage, and something really worth protecting and supporting.  
If you are looking for a way to find out more about farming, think about Open Farm Sunday where on the 12 June, you could meet local farmers who grow your food and look after the countryside near you. Or if you are a farmer and need some advice, please contact us. 
Follow the links below for some handy resources; 
Heart of England Fine Foods  for quality food and drink.UK Agriculture  for information and news.DEFRA  for information on farming and rural affairs.Farming Online  for news and updates.NFU  National Farmers Union.Open Farm Sunday  for details of what farms are open near you.Farm Crisis Network  for farmers in crisis.]]></description>
<category><![CDATA[Agriculture]]></category>
<pubDate>Wed, 04 May 2011 14:07:47 +0100</pubDate>
<guid>http://blog.lblaw.co.uk/lanyon-bowdler-in-the-farming-community-284/</guid>
</item>
<item>
<title><![CDATA[Brian Evans Answers Questions About Mediation]]></title>
<link>http://blog.lblaw.co.uk/brian-evans-answers-questions-about-mediation-272/</link>
<description><![CDATA[
Brian Evans, head of Dispute Resolution is a qualified mediator. He answers our questions about what mediation is all about. 
What is mediation? 
Mediation is a way of resolving disputes without going to court. The parties agree to appoint a neutral person (mediator) to help them negotiate. Mediation offers the parties to a dispute the possibility of resolving their differences and reaching a solution of their own choosing. It is one of a range of different dispute resolution techniques, together with others such as arbitration, adjudication, expert determination, early neutral evaluation, which are often collectively referred to as alternative dispute resolution. 
Why mediate? 
Mediation offers a real opportunity to resolve a dispute quickly and in more creative ways than would be possible through litigation.  
Where the dispute is between parties who want to retain a relationship in the future (whether that is a business relationship, a relationship between employer and employee, between neighbours or other personal relationships) mediation is also far more likely to help maintain or salvage that relationship than litigation. 
The rules of court actively require the parties to consider whether some form of alternative dispute resolution procedure would be more suitable than litigation and the parties can be required by the court to provide evidence that alternative means of resolving their dispute were considered. The courts take the view that litigation should be a last resort.   
The Court of Appeal has stated that, although parties cannot be forced to go to mediation, the successful party can be deprived of some, or even all, of its costs if it has unreasonably refused to mediate.   
How does it work? 
The mediator meets with the parties (and their representatives if they have them). Usually this will start with a joint meeting where all parties are able to have their say in front of the others. Normally, a series of private meetings are held with each party, and further joint meetings as appropriate, to clarify the issues, challenge the parties, help them to test the strength of their cases, find common ground between them, and discuss settlement. Typically, all these meetings are held on the same day. Depending on the amount in dispute, and the issues involved, the mediation might last from 2-3 hours, up to a full day. In very large cases, more than one day might be required. 
Because the mediator is neutral, he/she may be in a much better position to help the parties focus on the real issues, assess their case realistically, work through the emotions which might be involved in the case, help the parties settle without losing face, and help to suggest new areas in which to explore settlement.   
Will the mediator tell me if I will win at court? 
The mediators job is to work with the parties to try to help them to reach their own agreement. It is not his/her role to advise either party about the merits of their case. 
Can the mediator impose a settlement? 
No! Mediation is a voluntary process whereby the parties are assisted in agreeing their own resolution.  The mediator cannot impose a settlement. Any party is free to leave at any time.  However, the mediator will try hard to persuade the parties to continue negotiating as long as he/she continues to believe that settlement is possible. If the parties do reach an agreement at the mediation, that will form a binding contract between the parties which can be enforced in court (though usually only when that agreement has been set out in writing and signed by the parties). 
Is mediation confidential? 
Yes! Anything said in a mediation cannot be referred to in court if the dispute does not settle. This means that mediation is a safe environment within which the parties are free to discuss things and explore options without prejudicing their legal position.   
In addition, throughout the mediation, the mediator cannot disclose anything said to him/her in a private session to the other party unless authorised by that party to do so.  
Does mediation work? 
Over 70% of cases referred to the leading UK mediation service settle. In the event that mediation does not completely resolve the issues, the parties to a dispute still have all avenues of dispute resolution open to them, and mediation will usually have narrowed the issues, meaning that the costs of litigating are often reduced. 
How do I find out more? 
To find out if mediation would be suitable for your dispute, please contact Brian Evans on 01952 211006 or post a query to our website by following this link.]]></description>
<category><![CDATA[Dispute Resolution]]></category>
<pubDate>Wed, 02 Mar 2011 12:44:05 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/brian-evans-answers-questions-about-mediation-272/</guid>
</item>
<item>
<title><![CDATA[How to go about applying for a Training Contract at Lanyon Bowdler]]></title>
<link>http://blog.lblaw.co.uk/how-to-go-about-applying-for-a-training-contract-at-lanyon-bowdler-256/</link>
<description><![CDATA[
We are now approaching the time of year when the deadline closes for applications for training contracts. Training partner Colin Spanner and current trainees Lynsey Cater and Louise Howard answer questions on what Lanyon Bowdler look for in a trainee and what to expect.
Why Lanyon Bowdler?
As a firm Lanyon Bowdler is modern and very client focused. The firm provides a full range of legal advice throughout Shropshire and Herefordshire, as well as nationally. Having previously been winners of Lawcareers.Nets Trainee Solicitor Award for Best Recruiter  Small Firm in 2009 (also winner in 2004 and nominated 2007 & 2008), the firm was nominated in the Best Trainer category of these awards in 2010.
The firm is recognised as Investors in People and our commitment to training and development was acknowledged in 2009 when we won the Training Award at the Midlands Business Awards. 2010 also saw us win the Law Firm of the Year (5 - 15 partners) at the Birmingham Law Society Legal Awards.
How many trainees do you take on?
At Lanyon Bowdler the policy is to offer two training contracts each year. As a training contract lasts two years, we therefore have four trainees at any one time, with two joining in September each year.
How many applications do you receive?
Each year we are inundated with applications for training contracts. This is especially so as not many local firms regularly take on trainees. This year we received 270 applications for a contract in 2011.
When is the closing date?
All positions for 2011 have now been filled. Applications for 2012 need to be submitted by 31 January 2011.
What do you look for in potential trainees?
To begin with, good academic records, and not just at degree level. We look back as far as GCSEs and A Levels. It is also important that a potential candidate is local to the area, or has connections with it, as we do like to retain our trainees. Hobbies and interests are also of relevance, as someone who has taken a year out or done some voluntary work shows that they have made the extra effort  this may give them an advantage over someone with identical qualifications.
What areas of law do trainees have seats in?
Trainees usually spend six months in a department so that over the contract period they gain experience in four areas of work, one of which will be contentious. Lanyon Bowdler has a wide range of legal departments and where possible, trainees are given a choice of seats.
What can I expect if I am invited to interview?
Lynsey Cater said when I was interviewed there was a two stage process but no presentation. I was asked questions which were aimed at the particular stage I was at and what I was studying at the time.
Louise Howards experience was a first general interview which included talking about the details on my CV, (I was so nervous I couldnt remember what A-Levels I had done and had to be prompted), and legal questions. The questions were tailored to the stage of my training, for example I hadnt yet completed the LPC so they concentrated on areas of law I would have covered on the CPE. The second interview included questions on current affairs where the interviewers clearly wanted to hear you talk and see how you reasoned about a particular situation.
What can I expect if I am offered a Training Contract?
The SRA requirement is that once a training contract has started, the trainee needs to keep a training record which must be completed throughout the two year period and submitted to the training principal at the end. It should record all the tasks completed whilst being a trainee and includes information such as  who the task was completed for, what the task was, what skills were used and what was learnt from it. 
There are also the compulsory modules of the Professional Skills Course to complete. These cover client care, finance and business skills, advocacy and communication. There are a further four elective modules which you chose according to what areas of law you are interested in.and just when you think all exams are over, theres a finance exam!
What happens then?
Lanyon Bowdler has an excellent record of retaining its trainees. The range of areas of law covered by the firm offers great opportunities for those wishing to train in law.
Lynsey Cater is now a fully qualified solicitor and working in Lanyon Bowdlers Commercial Property Department and Louise Howard is currently in her last seat and due to complete her training contract in September 2011.]]></description>
<category><![CDATA[Lanyon Bowdler News]]></category>
<pubDate>Tue, 11 Jan 2011 11:50:18 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/how-to-go-about-applying-for-a-training-contract-at-lanyon-bowdler-256/</guid>
</item>
<item>
<title><![CDATA[Lanyon Bowdler Shows Commitment to Argiculture at Bridgnorth Market]]></title>
<link>http://blog.lblaw.co.uk/lanyon-bowdler-shows-commitment-to-argiculture-at-bridgnorth-market-248/</link>
<description><![CDATA[
On the 7 December, with trees covered in frost, ice covered roads and amongst stunning winter scenery, Susan Shanahan and I attended Bridgnorth Christmas Livestock Market, where farmers braved the freezing conditions to come and buy and sell fat stock.
There was a truly festive atmosphere as Nock Deighton provided pastries, mince pies and sandwiches to the farmers, creating a social and almost party-like feel to the proceedings.
With the kind permission of Nock Deighton, Susan and I manned a stand for Lanyon Bowdler, offering information and the opportunity to sign up for our free legal updates  not to mention the opportunity to win a bottle of Glenmorangie (just the ticket with the temperature nowhere near even 0!).

With our focus firmly on showing Lanyons commitment to the farming community, we chatted with those attending, confirming all the areas of law we could help them with should they ever need it, and providing them with contact details where there was any specific need. 
With specific expertise in agricultural law, Lanyon Bowdler provide an invaluable and professional resource to the agricultural community, bearing the stamp of approval of the National Farmers Union by being the selected panel firm for them in Shropshire, Staffordshire and Herefordshire.
A bit more information on the market coming up;Bridgnorth Livestock Market is a modern covered facility conveniently situated on the A458 Bridgnorth to Shrewsbury road.  They hold weekly auctions of prime stock and see stock levels of 400 cattle and 2000 sheep regularly.]]></description>
<category><![CDATA[Agriculture]]></category>
<pubDate>Thu, 09 Dec 2010 00:00:00 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/lanyon-bowdler-shows-commitment-to-argiculture-at-bridgnorth-market-248/</guid>
</item>
</channel>
</rss>
<!-- Page generated in 0.0875 seconds peaking at 4,115,344B of memory -->
