Menu
Contact Us
xmas pi
image placeholder - A cautionary tale before Christmas...

When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

Read More

image placeholder - A cautionary tale before Christmas...

Our specialist Litigation team are on hand to help you with any queries you may have.

Read More

image placeholder - A cautionary tale before Christmas...

Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

Read More

image placeholder - A cautionary tale before Christmas...

The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

Read More

image placeholder - A cautionary tale before Christmas...

At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

Read More

image placeholder - A cautionary tale before Christmas...

A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

Read More

image placeholder - A cautionary tale before Christmas...

Forming a company can be a positive and exciting step for many business owners. However, it is important to ensure from the outset that the documents governing your company’s operations suit your business needs.

Read More

image placeholder - A cautionary tale before Christmas...

Acquisition of another company is an effective way to grow your business. Ensuring a successful transaction is all about the detail. You need to know exactly what you are buying.

Read More

image placeholder - A cautionary tale before Christmas...

When the time comes to sell your company, or shares in your business, you will wish to maximise the return on your investment of money, hard work, time and emotion.

Read More

image placeholder - A cautionary tale before Christmas...

A guarantee is a legal commitment to repay a debt where the original borrower has defaulted on their repayments. In essence, the person providing the guarantee will “step into the shoes” of the debtor.

Read More

image placeholder - A cautionary tale before Christmas...

Whether you are lending to or borrowing from a third party, it is always prudent to record the terms of the loan clearly.

Read More

image placeholder - A cautionary tale before Christmas...

A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

Read More

image placeholder - A cautionary tale before Christmas...

If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

Read More

image placeholder - A cautionary tale before Christmas...

If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

Read More

image placeholder - A cautionary tale before Christmas...

When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

Read More

image placeholder - A cautionary tale before Christmas...

Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

Read More

image placeholder - A cautionary tale before Christmas...

Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

Read More

image placeholder - A cautionary tale before Christmas...

You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

Read More

image placeholder - A cautionary tale before Christmas...

When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

Read More

image placeholder - A cautionary tale before Christmas...

We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

Read More

image placeholder - A cautionary tale before Christmas...

We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

Read More

image placeholder - A cautionary tale before Christmas...

A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

Read More

image placeholder - A cautionary tale before Christmas...

A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage.

Read More

image placeholder - A cautionary tale before Christmas...

Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

Read More

image placeholder - A cautionary tale before Christmas...

Unfair dismissal is a complex area of employment law and one where you need a legal expert to safeguard your financial interests as well as your professional future.

Read More

image placeholder - A cautionary tale before Christmas...

It can be hard to realise that you may have been a victim of workplace discrimination. Discrimination is based upon what are called Protected Characteristics.

Read More

image placeholder - A cautionary tale before Christmas...

Under the Equality Act there are 9 specific areas which are called protected characteristics; any discrimination against workers because of these characteristics would be unlawful.

Read More

image placeholder - A cautionary tale before Christmas...

It is important that businesses handle the termination of a director’s contract appropriately, especially if you need to achieve a swift exit without disrupting the operation of the business.

Read More

image placeholder - A cautionary tale before Christmas...

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - A cautionary tale before Christmas...

Has your employer discussed ending your employment through redundancy or with a settlement agreement/compromise agreement?

Read More

image placeholder - A cautionary tale before Christmas...

There will be times when an employee’s conduct or performance falls short of what is expected of them in their contract of employment, or they believe that they have been treated unfairly at work.

Read More

image placeholder - A cautionary tale before Christmas...

The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer. The Regulations can apply to organisations of all sizes when a business is sold.

Read More

image placeholder - A cautionary tale before Christmas...

From the recruitment process, through to issues such as TUPE, training from expert employment solicitors can help you to use the law as a positive framework to implement the best employment practices.

Read More

image placeholder - A cautionary tale before Christmas...

A written contract of employment is a legal requirement as part of the employment relationship and failure to provide one can leave both parties unclear about their rights and responsibilities.

Read More

image placeholder - A cautionary tale before Christmas...

Settlement agreements, which used to be called compromise agreements, can play an important part in ending an employment relationship, but there are some important legal safeguards.

Read More

image placeholder - A cautionary tale before Christmas...

Severing ties with a director or senior executive comes with countless decisions about how to protect your business.

Read More

image placeholder - A cautionary tale before Christmas...

Whether it is direct or indirect discrimination, a case of harassment, or failure to promote diversity, the Equality Act makes discrimination unacceptable in the workplace.

Read More

image placeholder - A cautionary tale before Christmas...

It is easy for important steps to be missed during a staff crisis however, each vital step may be a legal requirement. An omission that could have a serious impact upon your business.

Read More

image placeholder - A cautionary tale before Christmas...

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - A cautionary tale before Christmas...

Whilst it is better to try to resolve a dispute directly with an employee, there will be times when it simply is not possible. In those cases, you may be called before an employment tribunal.

Read More

image placeholder - A cautionary tale before Christmas...

As an employer you have to be cautious with how you deal with dismissals in order to not be accused of an unfair dismissal.

Read More

image placeholder - A cautionary tale before Christmas...

Failure to comply with employment legislation can be devastating for a business. Compensation awards for unfair dismissal claims can be in excess of £75,000 and awards for discrimination are unlimited.

Read More

image placeholder - A cautionary tale before Christmas...

Our team has extensive experience of settling claims arising from a wide variety of accidents and injuries suffered in the workplace.

Read More

image placeholder - A cautionary tale before Christmas...

Whilst a trip to the beauty salon may conjure up images of relaxation and pampering, many services use potentially harmful chemicals and machinery.

Read More

image placeholder - A cautionary tale before Christmas...

Poole Alcock have a number of keen cyclists who commute to work and enjoy cycling as a hobby or as a competitive sport. We therefore understand the frustration that can occur.

Read More

image placeholder - A cautionary tale before Christmas...

Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

Read More

image placeholder - A cautionary tale before Christmas...

The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

Read More

image placeholder - A cautionary tale before Christmas...

An employer has a duty to eliminate or reduce exposure to vibration to as low a level as is reasonably practicable. In doing so, the employer should have assessed any risks in the task concerned.

Read More

image placeholder - A cautionary tale before Christmas...

Suffering a head injury is understandably concerning for the victim and their family. It is important to investigate any potential brain injury that may have been caused.

Read More

image placeholder - A cautionary tale before Christmas...

Tinnitus is any noise (for example, buzzing or ringing) in the ear and can be caused by exposure to excessive levels of noise, although there are other causes too.

Read More

image placeholder - A cautionary tale before Christmas...

It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back.

Read More

image placeholder - A cautionary tale before Christmas...

Common causes of road traffic accidents include other road users, poorly maintained roads, obstructions in the road and slippery surfaces. You may have suffered an injury.

Read More

image placeholder - A cautionary tale before Christmas...

Accidents can happen at any time and in any place – in the street, at work, at the supermarket. If you think that another person or organisation was responsible for your accident then you may be entitled to compensation.

Read More

image placeholder - A cautionary tale before Christmas...

Suffering a spinal cord injury can be a life-changing event, impacting on almost every aspect of your life. If the accident was not your fault, then financial compensation is often necessary.

Read More

A cautionary tale before Christmas…

It is around this time of year, that I am reminded that accidents can happen...

Back to News and Events

A cautionary tale before Christmas…

19th December 2017

News : Personal Injury

It is around this time of year, that I am reminded that accidents can happen to anyone. Even Santa himself is not immune from the claims process.

Dufosse v Melbry Events Limited (2011) was a particularly interesting case to read about. This case involved an elderly lady who had visited Santa’s Grotto in a popular High Street store in London with her family.

The group were met by Santa’s Elf who led them into Santa’s Grotto. Unfortunately Santa’s Elf had not been alert to the fact that an icicle bauble had fallen from the Christmas tree. This had become a tripping hazard on the walkway through to the Grotto.

Mrs Dufosse fell on the icicle bauble and suffered a fracture to her leg requiring surgery. She brought a claim for personal injury and financial loss against the company employing Santa and his Elf.

Now whilst the laws in the North Pole may be different, in England and Wales the common law implied a duty upon Santa and his Elf, to ensure that the Grotto was safe for paying members of the public to visit. At first instance, Mrs Dufosse’s claim failed.  It was felt that she should have taken more care herself for her own safety. However, the accident happened because the Elf had specifically asked her to step out of the way and in so doing, she stepped onto the bauble, which had been partially hidden. Mrs Dufosse appealed to the Court of Appeal and was successful. It certainly was not unreasonable to expect the Elf, to carry out a visual risk assessment of the walkway after taking each group to the Grotto, and pick up any hazards along the way.

Whilst the transcript of this case made unusual reading, it was a decision well made by the Court of Appeal. When paying members of the public attend an event such as this, the organisers must take some responsibility for the health and safety of their customers. The event cannot be dangerous for the public to attend.

So, whilst we enjoy the festive period this year, remember that personal injury law can affect every one of us! Merry Christmas!

Anna Burns is Partner and Head of the Personal Injury Department at Poole Alcock. Should you wish to discuss a personal injury claim with her, please contact her on 01270 762 325 or Anna.Burns@poolealcock.co.uk

 

Sign up to our eMagazine