Complete legal solutions for you and your businessAlsager | Chester | Congleton | Crewe | Nantwich | Sandbach

Issue 6 • July 2016

poolealcock.co.uk0800 389 7093

Inspiring the young lawyers of the future

Applications for next year’s competition open in September: CLICK HERE to find out more or email: MCMT@citizenshipfoundation.org.uk

For several years now, has been supporting the Citizenship Foundation’s Magistrates Court Mock Trial Competition.It’s part of the Law in Schools programme which helps improve young people’s life skills, their understanding of the justice system and the legal system, and the way that the law touches every aspect of their lives.

As the name suggests, it involves youngsters aged 12-14 staging a mock trial, playing every role: the judge, lawyers for the prosecution and defence and court ushers – as well as the defendants and witnesses in the trial.

Their performances are judged by real life lawyers – including members of our Criminal and Regulatory Defence team Solicitors Hannah Kelly, Tim Edgeley and Partner Dan Brooks.

This year, local and regional heats were held at Crewe Magistrates Court – with one of the North West contenders, Wilmslow High School, going all the way through to the final. It was held at the stunning Royal Courts of Justice in London last month where the Cheshire team were awarded a very creditable third place.

Solicitor Hannah Kelly told :

We were involved in judging both the Local and Regional heats this year – and they were all great events. The students work really hard to prepare and standards are very high – as well as learning about our legal system, I’m sure it does inspire some of them to look at law as a career. I wish there had been something like it when I was at school!

Inspiring the young lawyers of the future

1

Calling all bosses and Welcome aboard

2

Case File: Personal Injury

3

Thank you for a sparkling performance

4

Department Spotlight – Lasting Powers of Attorney

5

News and updates

6

Alsager | Chester | Congleton | Crewe | Nantwich | Sandbach

poolealcock.co.uk0800 389 7093

Welcome aboard

’s HR Assist service can take the strain and enable you to focus on running your business, with benefits including:

• Unlimited advice and bespoke documents

• Regular employment legislation updates

• Affordable fixed fee service – no hidden charges

• Online HR management and annual leave portal.Adam has recently been joined in the Department by Natasha Forrester. Natasha has a law degree and originally joined us to work with our Marketing team, but she is delighted to have the opportunity to use more of her legal skills by working alongside him with our HR Assist clients.

Amy BaileyJoining is a return to familiar territory for Amy Bailey who completed her Law Degree down the road at Staffordshire University.

Always interested in property, she says she’s loving the job – particularly the contact with clients. Outside work, she can be found keeping fit with Olympic Weight Lifting – a sport she got into at university.

Nastassja DwyerWorking in the same department is Nastassja Dwyer. Although she’s been a paralegal for some time, it’s her first experience of Conveyancing, which she is really enjoying as she is keen to work in as many areas of the law as possible before deciding where to concentrate in her future career.

In her spare time, one of Nastassja’s main interests is Buddhism – she’s already taking a teaching course and studies meditation. ‘It’s a complete contrast with my work which is really fast moving – I think it provides the perfect balance,’ she told .

Calling all bosses:Being in charge of any organisation can be hugely rewarding – but also brings its fair share of pressures and stress.Explained Employment Law Specialist Adam Pavey:

If you have employees, you have to follow all the legislation that governs how you work together – contracts, pay and conditions. The problem is, you’re probably not a lawyer yourself, and it can be costly if you get it wrong, ending in disputes, grievances and even tribunals.

Said Natasha: I’m finding it very interesting – particularly drafting up some of the documents and speaking to clients about the issues they have. It’s a really busy department – but I enjoy that!

Watch this spaceAt we are very committed to helping young lawyers to develop their careers and offer several Trainee Solicitor Contracts every year.

In recent weeks we have been interviewing some fantastic candidates and we are now in the process of making our final decisions and will be announcing the successful applicants in our next edition.

Conveyancing Assistants – High Street, Nantwich

Inspiring the young lawyers of the future

1

Calling all bosses and Welcome aboard

2

Case File: Personal Injury

3

Thank you for a sparkling performance

4

Department Spotlight – Lasting Powers of Attorney

5

News and updates

6

Alsager | Chester | Congleton | Crewe | Nantwich | Sandbach

poolealcock.co.uk0800 389 7093

Inspiring the young lawyers of the future

1

Calling all bosses and Welcome aboard

2

Case File: Personal Injury

3

Thank you for a sparkling performance

4

Department Spotlight – Lasting Powers of Attorney

5

News and updates

6

The case proved challenging as the exposure occurred so long ago, and we first had to prove the Defendant was

responsible for the site when the exposure took place. Once this had been established, the Defendant continued

to dispute our Client’s claim. They said they did not believe that there had been asbestos on site and, if there had

been, our Client was not exposed to sufficient levels to cause a recognised asbestos related illness. The Defendant

also asserted that there were insufficient levels (according to the standards of the day) for them to trigger taking

any preventative steps to safeguard their staff and contractors.

Poole Alcock appealed for witnesses via the Northwich Guardian and received an excellent response which

resulted in a number of witness statements being taken supporting the allegation that asbestos was present at

the site between 1974 and 1977. Both sides went on to obtain independent engineering evidence to deal with the

Defendant’s technical argument relating to the levels of potential asbestos and what was expected of the company

in accordance with the standards of the day.

The experts accepted that whilst the overall levels of asbestos that our Client was exposed to were relatively low,

he had a strong case in establishing that the company had acted negligently in exposing him to asbestos.

‘Sadly, despite the strength of our Client’s claim, the Defendant was not interested in negotiating an ‘Out of Court’

settlement until the last working day before the Trial was due to take place at the High Court in London,’ said

Anna Burns, one of our Partners, specialising in personal injury claims.

Please call for a FREE initial consultation. We offer a ‘no win, no fee’ service, however you will not be under any obligation to make a claim.

We have successfully helped many people affected by asbestos, and their families, to obtain the compensation they are entitled to.

Our team understands the devastating impact a diagnosis of asbestos disease can have, not only on the person affected, but also their family, and we will do everything we can to make the claim process as simple as possible.

We work closely with and support a local charity helping victims of asbestos.

Our Asbestos team has helped a Northwich man to secure compensation

for a lung disease called pleural thickening after he was exposed to

asbestos during the course of his employment as a joiner back in the 1970s.

Thankfully our Client’s disability caused by his diagnosis of pleural thickening

was relatively minor. His claim for compensation was agreed and was settled on

a provisional basis. This means that he receives a payment now, and if he goes

on to develop deterioration to the pleural thickening or another asbestos related

condition such as asbestosis, lung cancer or mesothelioma, he will be able to

return to Court to claim more compensation from the Defendant.

Newspaper appeal

Anna Burns

Partner, Personal Injury

CASE FILEaids Northwich man’s successful asbestos compensation claim

Alsager | Chester | Congleton | Crewe | Nantwich | Sandbach

poolealcock.co.uk0800 389 7093

Thank you to all our staff for a sparkling performance!

Thank you so much. What a lovely end to an amazing week Enjoy, everyone!Emily BrownParalegalCommercial Department

Thank you, A happy Friday surprise Debbie DaviesAssistant to James Williams

Thank you – a lovely Friday surprise.Julie FosterAccounts

Thank you! Enjoy everyone and happy Friday xVicky Moetamedi Well I think this is

the best week I’ve had so far this year! I hope everyone has a lovely weekend Thank you very much. Lisa Ball

As a fairly new member of the firm it is very nice to feel appreciated, many thanks.Tracey Boulton

Arrrrrh that is a lovely nice surprise I am off on my hols tomorrow, two weeks in Spain so that is excellent thank you Sara JenningsPersonal Assistant to Andrew RobertsSandbach

Alsager

Sandbach

Nantwich

Crewe

Last Friday every member of our staff came into work to

find a little gift on their desk.

It was a bottle of Prosecco from the Partners to say ‘thank you’ for

all their hard work which is helping 2016 shape up to be another great year for ...

and the Partners did ask them to enjoy it responsibly!

Seems like they really appreciated it... see some of their

photos and messages!

Alsager

Inspiring the young lawyers of the future

1

Calling all bosses and Welcome aboard

2

Case File: Personal Injury

3

Thank you for a sparkling performance

4

Department Spotlight – Lasting Powers of Attorney

5

News and updates

6

Alsager | Chester | Congleton | Crewe | Nantwich | Sandbach

poolealcock.co.uk0800 389 7093

Q: What are Lasting Powers of Attorney?A: Lasting Powers of Attorney are a ‘safety net’ which allow a person or a couple of

people whom you trust, to become ‘Attorneys’ to manage aspects of your life if you can’t do so yourself. There are two types – one covering your finances and the other your health and welfare.

Q: Why should I set up a Lasting Power of Attorney?A: If something happens to you – perhaps an accident or an illness means you

become unable to organise your affairs – you will want someone you trust to step in and help. The only other way someone else can legally act on your behalf is by applying to the Courts to become a ‘Deputy’. This is more expensive than the Lasting Power of Attorney process, and can be quite demanding for the person concerned – who may not even be the person you would have chosen to help you. Also, the process takes up to six months – not helpful if you have urgent bills to pay or important decisions to make. A Deputy is required to maintain and submit records of accounts to the Court for review every year (for which the Court charges a fee), and this is not required in the case of an ‘Attorney’.

Q: When is the right time to set them up?A: We routinely suggest that people set up Lasting Powers of Attorney – both the

financial one and the health and welfare one – at the same time as writing their Will. This ensures that their wishes will be followed and that things are made as easy as possible for their family members or friends in the event that they are either incapacitated or they die.

Q: Who should I ask? A: You know who you trust – and the law allows for you to name one or several

people, with the idea that giving two or more people control ensures there is oversight between the ‘Attorneys’. People usually choose family members or close friends, but it is possible to name a professional such as a family Solicitor or Accountant if no-one else is available (although their services will attract a fee). The most important thing is that you either talk with those people or write down your wishes, so that they know how to act for you if and when they need to.

Q: How long does it take? A: Briefing your Solicitor, drawing up the documents and having them registered by

the Office of the Public Guardian (the one element which is outside your Solicitor’s control) takes around eight to ten weeks. From the moment they are registered, your ‘Attorneys’ can step in if needed but of course if you don’t need that help, you carry on managing your affairs as usual.

Q: Why would I choose ?A: At we have specific expertise and dedicated teams in this area of

the law. We can meet people at any of our offices – or if you are struggling to get around, we can visit you at home. We are sensitive to the fact that some of you may find these matters difficult to talk about and we will answer all your questions, and never rush you. Most importantly, you know that we will be looking after your best interests: we will help you to look objectively at your situation to make sure your wishes will be carried out, whatever the future holds.

Department SpotlightLasting Powers of Attorney

Charles Smalley – Partner and Head of Wills & Probate

Most of us are familiar with the concept of making a Will and have heard of Probate – the process of administering a Will after someone has passed away. You may also have heard of ‘Lasting Powers of Attorney’ – the way of legally appointing someone to look after your affairs if you are unable to run them yourself. So, how does this actually work?

Testimonial‘I had decided to make my dear friend my Power of Attorney in both health and financial matters. Yesterday, Charles Smalley arrived to set things in motion. He was kind and very courteous and put a very nervous ‘me’ at ease. I would like to commend him for his wonderful attitude towards me. Thank you.’

Inspiring the young lawyers of the future

1

Calling all bosses and Welcome aboard

2

Case File: Personal Injury

3

Thank you for a sparkling performance

4

Department Spotlight – Lasting Powers of Attorney

5

News and updates

6

Alsager | Chester | Congleton | Crewe | Nantwich | Sandbach

poolealcock.co.uk0800 389 7093

Thanks for your support!Lucy Smalley is the daughter of one of our Partners, Charles Smalley, and you may have spoken with her as she works for us on an ad hoc basis in an admin support role.That’s in between her studies – she was previously an undergraduate in Lancaster and more recently, has completed the first year of a two-year Masters Degree at the prestigious Malmö Art Academy in Sweden.

Last month the students and lecturers were shocked to learn that the Swedish school was threatened with closure in 2017 because the town council wanted to cancel the lease on their school building, but was refusing to offer a suitable alternative. There are plans for a new campus to house the Academy, but that won’t be available until 2027 at the earliest.

A major campaign to save the Academy was launched and Lucy emailed all of her colleagues to urge them to show their support by signing an online petition.

This has been submitted, but as yet, there has been no formal response because the relevant politicians are on their summer recess. Unofficially, however, the art school has been told that their pleas have been heard, and the school won’t have to close.

Lucy just wants to thank everyone at who took the time to sign the petition – and she’ll keep us posted of any new developments.

DiaryWe specialise in asbestos and mesothelioma cases and regularly attend community events raising awareness about these conditions.

Staffordshire Safety GroupAndy Roberts was also at an event in Stoke-on-Trent this month when he and colleague Dan Brooks delivered a presentation to members of the Staffordshire Safety Group at Sandyford Community Fire Station.

They were invited by Judith Richardson of Qube Environmental to present a talk to leading experts in the field of health and safety. Qube Environmental specialises in asbestos and legionella compliance and Judith is currently Chair of the Group.

Andy’s talk focused on the impact of a civil claim by an employee against their employer in the event of an injury or industrial disease, while Dan delivered a legal update on the new sentencing guidelines for health and safety offences, including the impact not only on a company, but also individuals. To read more, CLICK HERE

Congratulations!Special thanks go to Di Goode who has just marked 25 years service with .Di is Secretary to Gill Collins, a Chartered Legal Executive in our Residential Conveyancing Department in Crewe.

Action Mesothelioma DayWe were proud to support the recent Action Mesothelioma Day held at Wallasey Town Hall – an event hosted by Cheshire Asbestos Victim Support and Merseyside Asbestos Victim Support groups.

Andy Roberts and Fiona Sims from our Personal Injury team, together with victims of asbestos disease and their families, attended the event and listened to the engaging talks of Clinical Nurse Specialist, Lorraine Creech and retired Occupational Physician, Jeff Morgan. To read more, CLICK HERE

Inspiring the young lawyers of the future

1

Calling all bosses and Welcome aboard

2

Case File: Personal Injury

3

Thank you for a sparkling performance

4

Department Spotlight – Lasting Powers of Attorney

5

News and updates

6