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Addition to Partnership

MBH Solicitors are pleased to announce that Rowena Foat has been named its newest Partner and Head of the Private Client Department. The promotion strengthens one of the firm’s core practice areas: Private Client.

Rowena has been with the firm since 2023 and already has a wealth of experience in her respective area of expertise. Rowena trained and qualified as a Solicitor in 1995. She has worked in the field of Private Client for many years and has a wealth of experience in wills, probate, lasting powers of attorney and court of protection work. Rowena is highly respected by clients and fellow professionals alike.

Of her appointment, Rowena Foat commented “I am delighted to join MBH Solicitors who are recognised for providing a great service to the local community and providing sound advice. The firm continues to grow and I am pleased to be a part of this”.

Gillian Lavelle, Senior Partner said of Rowena’s appointment, “We welcome Rowena to Partnership and believe she will fit in well with our core values. We believe that her knowledge and skills will make an invaluable asset to our team and she is well-deserving of this promotion”.

About MBH Solicitors

MBH Solicitors has been in business since 1971 and has a widespread and diverse client base. The firm is forward thinking and offers electronic and traditional ways of conducting cases. A modern approach is taken to ensure an efficient yet professional service.

MBH offer the following services:

Residential Conveyancing
Commercial Property
Landlord & Tenant
Wills, Probate & LPAs (Private Client)
General Litigation & Dispute Resolution (including debt recovery)
Personal Injury
Family, Children, Cohabitation & Divorce Law
Inheritance Disputes & Professional Negligence

MBH’s prices are competitive and fixed fees can be offered where appropriate.

Contact MBH Solicitors on 01942 206060 or by e-mail to mbh@wigansolicitors.com

For further information please visit the website www.wigansolicitors.com

Civil Partnerships v Marriage

Posted on February 1, 2016 by mbhwigan

At the moment the law states that only same sex partners can enter into a civil partnership. However, civil partnerships were originally introduced to English law in 2004 to allow same sex couples legal recognition for their relationships.

English law has come a long way since then and as we are all aware same sex marriages were introduced back in 2013. Not only did this cause controversy at the time but has recently been thrust back into the headlines for another reason altogether.

Rebecca Steinfeld and Charles Keidan wanted to enjoy the same rights as same-sex couples and enter into a civil partnership. The couple, from Hammersmith, West London, who have an eight-month-old baby and do not want to get married, took the case to London’s High Court as they were refused a civil partnerships. They claimed that the Civil Partnership Act discriminated against heterosexual couples and violated their right to a family life under the European Convention on Human Rights.

However, Mrs Justice Andrews who heard the case ruled that straight couples “are not disadvantaged” by the law as “whilst civil partnerships remain unavailable, the state is still making available the alternative means of recognition of their relationship which has always existed” (i.e. marriage). Whilst “same-sex couples now have two routes to achieving legal recognition of their relationship by the state and opposite-sex couples continue to only have one, the difference in treatment complained of (by Ms Steinfield and Mr Keidan) does not infringe a personal interest close to the core of the right to family life, still less the right to private life”.

Therefore, although many people may have ‘sympathy’ with the couple, the Government’s refusal of their demand was not unlawful and not in breach of their human rights for private and family life.

It also seems from the Judgment that it is up to the Government to make a decision about what is to happen with civil partnerships and that review is in hand. However, the couple have said they intend to appeal.

From a family law perspective, the rights of those that are married and those of civil partners are the same. Whilst the wording is different Marriage v Civil Partnership, Divorce v Dissolution upon separation both spouses and civil partners have the same financial claims against each other. Therefore, the main difference between the two seems to be religion as marriage is seen as a religious ceremony.

It remains to be seen whether the law will change to accommodate the rights for all couples to enter into both civil partnerships and marriage or whether the Civil Partnership Act will be abolished.

Our family and matrimonial specialist Gillian Lavelle is pleased to offer a free initial 30-minute appointment for all new cases.

To arrange your meeting, call 01942 206060 today.

About MBH

McCarthy Bennett Holland, established in Wigan since 1971, offers a personal service across a wide range of legal practice areas, including residential and commercial property, family and matrimonial, wills and probate, employment, personal injury and company commercial.

Contact Gillian Lavelle, solicitor at MBH Solicitors, to discuss your family & matrimonial requirements in confidence at:

www.wigansolicitors.com Tel: 01942 206060 Address: 26 Bridgeman Terrace, Wigan WN1 1TD Twitter: @MBHSolicitors Find Gillian on Facebook: “McCarthy Bennett Holland – family solicitor”

What to look for when investing in a small business

Posted on July 14, 2015 by mbhwigan

Q: I am interested in buying a local business. I’m not sure what I should be looking for and would like some guidance on the legal steps to take.

Buying or investing in a business is a serious financial commitment, requiring a great deal of research to answer questions that you and your funder may have. The process can be complex but here we discuss the basics that you need to consider.

Know what you are buying

The first thing you need to know is whether the business trades as a limited company or as an unincorporated business, for example a sole trader or a partnership using a trading name.

If you are buying from a limited company, are you purchasing the shares in the company ie. taking over the whole company as a going concern or simply purchasing the assets of the limited company and leaving the company itself in the ownership of the seller? If you purchase assets from the limited company you will not buy the company outright. In the case of an unincorporated business you probably intend to take over the business as a going concern. Either way you will need to obtain the advice of a reliable accountant who can advise as to the nature and value of the business and therefore what a reasonable price to pay will be. In order to do so, you will need to have seen the business’ accounts but if a sale has been agreed in principle, the seller should be willing to disclose this important information.

Know the risks

Whilst it’s important to know how successful the business is in terms of turnover and profit, perhaps even more crucial is to understand its debts. To whom does the business owe money? Are there any shortfalls in the accounts? Is the business able to meet its outgoings each month? You will assume these debts on a purchase of the shares in a limited company so you need to know what your liabilities will be.

Likewise, check who owes the business money; do they have a lot of bad debt? This will reduce the value of the shares in a limited company. In an unincorporated business you don’t have to buy the business’ debts but if you do, you may be able to negotiate a reduced price to reflect the fact that not all of these will be paid.

You might also want to know why the seller has decided to sell; are they retiring? Has business faltered? These issues may affect the price you are willing to pay.

Check the business’ property agreements

If the business operates from a commercial premises, make sure you review the relevant lease or title documents to ensure that the property can be transferred to you on completion of your acquisition if necessary. In some cases, such as a full share sale, you will not need to complete any further documentation as you will be acquiring the limited company that already occupies or owns the property but if you are only buying assets you will need to ensure that leases or freeholds are transferred to you.

Agree the terms of the deal at the outset

Once you have an agreement in principle with the seller, draft and agree ‘Heads of Terms’ between you. You may wish to instruct a solicitor at this stage. This should contain all the key terms of the deal, including price, what you are buying, timescale, conditions to the deal (such as information and documents to be disclosed) and, often, exclusivity and confidentiality clauses which ensure that the seller cannot offer the sale to anyone else on the understanding that both parties will not publicise the terms of the deal.

The legal process

Once Heads of Terms and if it is desired an exclusivityand/or confidentiality agreement is in place your solicitor will draft the purchase agreement and issue this to the seller. You will need to complete due diligence and disclosure, ensuring that you have received all relevant information from the seller to enable you to consider fully your purchase. This may include financial information, details of employees, property documentation and supplier contracts. As part of the sale agreement, you may wish to request an indemnity from the seller which will cover you in the event that they have not revealed to you something which later proves to be costly.

Your solicitor will work closely with your accountant to ensure that tax issues are addressed; for example, you may need to consider Capital Gains Tax or Stamp Duty Land Tax implications on your purchase. Similarly, if you are using a lender, solicitors acting for them will need to see and approve all documentation. Once the sale agreement and the disclosure exercise have been agreed, you can proceed to completion of your purchase.

Mark Boon, a partner at McCarthy Bennett Holland, is experienced in advising entrepreneurs on business sales and purchases, whether as a sole trader, partnership or limited company. To make an appointment, call 01942 206060.

About MBH

Contact Mark Boon to discuss your company commercial or other legal requirements in confidence at:

www.wigansolicitors.com
Tel: 01942 206060
Address: 26 Bridgeman Terrace, Wigan WN1 1TD
Twitter: @MBHSolicitors

How do personal injury claims work?

Posted on May 14, 2015 by mbhwigan

Q: I have suffered an injury in a car accident and would like to make a claim but I don’t know where to start. How do personal injury claims work and will using a solicitor be more expensive than a claims company?

You have a right to compensation if you have suffered an injury caused by someone (or something) else. If you were covered by insurance at the time of the accident, whether as a driver or passenger, then firstly you will need to contact the insurance company to inform them of the accident; they may have a preferred solicitor to use for the claim but it is worth asking them if you can select your own, which will give you greater choice.

Personal injury claims are usually processed using the Claims Portal, introduced in 2010. The system provides an electronic means of communication between parties to enable claims to be dealt with efficiently, securely and with reduced costs.

Can I get help with my legal costs?

Legal Aid is not available for personal injury claims but, if your claim is successful, under general principles of English law the other side should pay a fixed contribution towards your costs. You can expect to pay up to 25% of your damages award towards the shortfall.

Of course, there is no guarantee that you will win your case so you need to ensure that you are covered financially for this eventuality. Insurance policies may be taken out, but only in the event that a claim cannot be managed via the Portal system and goes to Court.

A good solicitor will provide details of costs at the beginning of your claim, advising you as to what you can expect to pay and whether the case can be conducted on a ‘no win no fee’ basis.

Starting your claim

You will need to supply your solicitor with all relevant details, including:

when the accident happened, where and how;
contact details for other parties involved;
details of your injury and any treatment you have received for it;
motor insurance policy documents; and
proof of any financial losses you have incurred as a result of your injury, such as loss of earnings or other expenses.

Your solicitor will advise you as to how likely your claim is to succeed and, at this stage, they should confirm details of funding and what further information may be required from you.

You may need to go and see a medical professional to obtain a report on your injury to support your claim; your solicitor will be able to recommend someone for you. Once a medical report has been obtained, your solicitor should be able to advise as to what level of compensation you can expect to receive.

Most road traffic accident claims are now dealt with through the Portal system where the value of the claim is less than £25,000. The Portal notifies the defendant’s insurer that a claim has been made and they then have 15 days to either admit or deny liability.

Settlement

If the defendant’s insurer admits their customer’s liability, your solicitor will then try to settle the case using the settlement provisions contained on the Portal. Your solicitor will be able to advise you as to the level of compensation you can expect to receive for your injury but they may also ask you to indicate the lowest amount you are prepared to accept in a settlement. Your solicitor will guide you through this process but in many cases, claims settle at this stage once a figure is agreed.

Going to Court

If you cannot agree a settlement figure, your next stage will be to consider taking the matter to Court. In particular, this may happen if the defendant denies that they are liable for causing your injury. A Court will be asked to decide whether or not they are liable and, if so, to determine how much compensation they should pay you.

If your claim results in legal action and a Court hearing, your solicitor will explain thoroughly the process and what you can expect. You may need to prepare to speak in Court to explain what happened at the time of the accident.

McCarthy Bennett Holland’s Paul Aynsley has many years’ worth of experience in handling personal injury claims. Paul will meet with you to discuss your case and can handle the claim from start to finish. Engaging an independent solicitor such as Paul means you can be sure that your solicitor is working solely for you; they will not be working for a claims company or middle-man and will be acting only in your best interests. The costs to you will not be higher if you use a solicitor rather than a claims handler.

If you would like to speak to Paul about your personal injury claim, contact McCarthy Bennett Holland to make an appointment on 01942 206060.

About MBH

Contact Paul Aynsley, partner at MBH Solicitors, to discuss your personal injury or other legal requirements in confidence at:

www.wigansolicitors.com
Tel: 01942 206060
Address: 26 Bridgeman Terrace, Wigan WN1 1TD
Twitter: @MBHSolicitors

Team MBH: A Growing Wigan Business

Posted on May 7, 2015 by mbhwigan

McCarthy Bennett Holland is delighted to welcome family and matrimonial lawyer Gillian Lavelle to the fast-growing firm.

Gillian, dual-qualified as both a Solicitor and a Fellow of the Institute of Legal Executives, brings with her over ten years’ experience in dealing with all aspects of family issues. Here, she speaks about her move to MBH and the services she can offer.

Gillian, has your career always focused on family and matrimonial matters?

Yes; my early experience was gained as a paralegal within a litigation team but I concentrated primarily on disputes relating to unmarried, cohabiting couples. I continued to build on this, moving into more general family matters, including those relating to children, and subsequently to develop my expertise in dealing with divorce. I now deal with cases across the full breadth of family and matrimonial separations and disputes.

What prompted your move to MBH?

McCarthy Bennett Holland is a long-established, well-regarded and growing firm in an area within which I have worked for some time. When the opportunity to join the team arose, I jumped at the chance; I’ve worked with MBH on a professional level before and so I knew the quality of the work that the firm does and I was keen to continue to develop my career here.

What will you be offering clients of the firm?

We always offer family and matrimonial clients a free 30-minute initial consultation to discuss their case and agree a way forward. We will discuss costs and potential outcomes so clients are fully aware of what to expect. MBH is also able to offer mediation services, ensuring a full service to separating and divorcing couples is available.

Family law and financial settlements in particular have featured heavily in the news recently; how has the law been affected?

The recent ruling by the Supreme Court stresses the importance of reaching and concluding a financial settlement as part of divorce proceedings. A former wife, who split from her husband some 20 years ago, is pursuing her former husband for a substantial financial sum. Following their split, he went on to have a successful career which led to him accruing considerable wealth.

The case has many different strands to it but central is the fact that, when the divorce was finalised, the former couple’s financial matters were not. No agreement was agreed or signed and no ‘clean break’ achieved which would have drawn to a close any claims that either husband or wife had against the other. As a result, even 20 years on, the Court has ruled that the wife is able to lodge a claim against her former husband’s estate.

What lessons can be learned from the case?

There are two strands to divorce proceedings; concluding the divorce itself in order to bring the marriage to an end, and reaching agreement on financial issues. Couples going through a divorce must ensure that they not only receive their Decree Absolute but conclude a full and final settlement dealing with all financial matters, setting out what each party will receive from the couple’s assets.

Together with Gillian’s appointment, MBH has promoted two colleagues to Partner status. Conveyancers Caroline Rooks and John Petrie join the partnership at the firm and will continue to grow the busy residential conveyancing department.

Of the recent appointments, Senior Partner Mark Boon comments, “McCarthy Bennett Holland has experienced significant growth in recent months and we are pleased to be able to announce these latest appointments and promotions.

Gillian’s all-round expertise in family and matrimonial cases, and her particular specialism in managing cohabitation disputes, will serve our clients well and she brings with her new ideas to develop the family team.

Promoting Caroline and John to the partnership is an exciting step for MBH and recognition of the significant contributions they have made to the firm. We are proud to be able to offer these opportunities to valuable members of our team and look forward to continued growth in the coming months and years.”

Are you a Commercial or Commercial Property solicitor looking for a new opportunity with a growing local firm? McCarthy Bennett Holland’s commercial team is expanding and we are looking to recruit solicitors from newly qualified to 3 years PQE to join our respected and ambitious practice. Please contact Mark Boon at MBH for more information; details below.

About MBH

Contact Mark Boon, partner at MBH Solicitors, to discuss your property or other legal requirements in confidence at:

www.wigansolicitors.com
Tel: 01942 206060
Address: 26 Bridgeman Terrace, Wigan WN1 1TD
Twitter: @MBHSolicitors