Category Archives: Uncategorized

Cold injuries added to Judicial College Guidelines

Cold injuries added to Judicial College Guidelines. There are changes to the 16th Edition of the Judicial College Guidelines published on the 13th of April 2022.  These now include a specific section on “cold injuries” which are mainly suffered by members of the Armed Forces but can also be diagnosed in people who work in extreme temperatures without adequate protection e.g freezers or chillers.  Cold injuries encompass freezing cold injuries (such as frostbite and frostnip) and non-freezing cold injuries which were formerly known as “trench foot” in the Second World War and result from prolonged periods of exposure to wet and cold conditions without adequate protection. Continue reading

Expert Reports for Litigation

Expert Reports in Litigation. We regularly receive enquiries from new clients regarding various matters such as disputes with developers of new build properties, where the client has obtained a report themselves prior to instructing a solicitor.

We often find that whilst the client has sometimes paid a substantial fee for these reports to be produced, they do not meet the criteria that are required to be able to rely on the report should proceedings be issued. Continue reading

Instructing a Personal Injury Lawyer

Instructing a Personal Injury Lawyer. At Cohen Cramer, we are highly specialist lawyers with many years of experience of representing people who are injured through no fault of their own.  We will fight cases that other solicitors or insurers have rejected as we have the ability to see through pointless arguments by defendants to ensure maximum success and damages for our clients. Continue reading

Case Study for NFCI Military Injury Claim

We recently settled a claim for significant damages for Non-Freezing Cold Injuries for a former Soldier who served in the British Army.  Our client was exposed to freezing temperatures, well below zero degrees Celsius, whilst out on the ranges in basic training and thereafter on exercise in the United Kingdom, Germany, and Canada.  We alleged the Ministry of Defence failed to provide a suitable thermal kit for our client’s hands and feet.  Liability was admitted in part by the MOD. Continue reading

Property Disputes: Defects

The pandemic has seen struggle and shortages across all sectors, however, one sector in particular which has been notably affected is construction. It is well known that the pandemic has caused problems in respect of the availability of many building materials across the country, which has put into jeopardy the ability to complete on many homes. Continue reading

Dealing with a POCA matter

Dealing with a POCA matter. The POCA team at Cohen Cramer Solicitors offers first-rate expertise representing people facing confiscation proceedings.  Lauren Bowkett, Head of POCA deals with the department’s most complex and high-profile cases in relation to the Proceeds of Crime Act 2002 (POCA).  She is here to tell you everything you need to know about your POCA case. Continue reading

Brain Injuries in the Military

Brain Injuries in the Military. Cohen Cramer’s personal injury team has specialist knowledge in relation to claims for head and brain injuries.  Our service will help you develop a rehabilitation plan at the outset to identify your immediate needs with a view to getting you the most appropriate package of care and support.

Brain injuries often have a huge impact on the person involved and their loved ones.  We have many years experience of supporting people through often very traumatic and life-changing times to secure maximum damages for the future.

We have access to the best medical experts, neuro-rehabilitation experts including care, occupational therapists, vocational therapists, architects etc.  We also instruct specialist brain injury barristers nationally who will seek to achieve the best outcome for you in terms of rehabilitation and securing financial damages to recompense you for your injuries and financial losses.

If you have suffered a head or brain injury during your military service as a result of failures in the system of work, equipment, colleague’s negligence, or in any other way then you should contact us on 0113 2247837 and we will fight for your right to rehabilitation and financial support.

How are brain injuries caused?

Brain injuries usually result from trauma to the head or body. They can also be caused by a penetrating injury to the head, skull or brain. These injuries can lead to very serious long-term consequences or even death. Some examples of circumstances are as follows :

  • Assault
  • Gun-shot wounds
  • Road traffic accidents
  • Sporting injuries
  • Failures in medical treatment
  • Symptoms of brain injury
  • Mild traumatic brain injury can result in the following symptoms :
  • Headaches
  • Nausea/vomiting
  • Fatigue/drowsiness
  • Slurred speech
  • Loss of confidence
  • Cognitive behavioural or mental symptoms
  • Loss of consciousness from seconds to minutes
  • Mood changes
  • Sleep problems
  • Moderate to severe brain injuries can cause the symptoms above and also :
  • Loss of consciousness for several minutes to hours
  • Loss of co-ordination
  • Persistent headaches
  • Seizures/early onset epilepsy
  • Weakness in the numbness in the fingers and toes
  • Confusion
  • Aggression/agitation
  • Unusual behaviour changes

How to claim

Diane Davison, Head of Military Claims, is an expert in the highly specialised field of brain injuries. She also has experience of working in a Court of Protection Department and has a full understanding of the legal claims process to ensure appropriate arrangements are put in place throughout the conduct of a claim and post settlement where capacity is an issue.  Diane will seek to obtain early interim payments to assist with financial losses, care, equipment and any accommodation needs.  If you are unable to work as a result of an accident, either temporarily or permanently, then Diane will ensure appropriate payments are requested from whoever is at fault.

If you lose your military career as a result of a brain injury then Diane will ensure appropriate claims are made which can include future loss of career progression, loss of pension, loss of fringe benefits and allowances, loss of congenial employment and many others.

If you or a family member have experienced a head or brain injury at any time then please……

  • Fill in the contact form on this page
  • Telephone 01322 4787 to talk to our specialist team
  • Email mc@cohencramer.co.uk

 

avoiding contractual pitfalls

Avoiding Contractual Pitfalls

Avoiding contractual pitfalls. In light of the fallout from the European Super League and the possible contractual implications for those teams which had signed up to the League and have since pulled out, we set out below five tips to ensure you are protected when it comes to contracting with another party.

An agreement may be required for anything from loaning money – whether commercially or to family/friends to agreeing to carry out a service in return for payment, for example, building an extension or decorating your home. Whatever the agreement, and no matter how formal or informal it may be, you should take steps to protect yourself in the event of fallout.

Verbal or Written – a contract can be formed whether verbally or in writing, however, it is always best to record the terms of the agreement in writing. This will help minimise any fallout should either party default on the agreement as you can refer to the contract terms as to how to deal with the breach. If a contract is made verbally, it will be difficult to prove what terms were agreed to then prove if that term has been breached.

Take professional advice – where possible, it is always best to take professional advice when drawing up a contract or agreement. A professional adviser can help incorporate terms into the contract to protect your position in the event a party doesn’t comply with the agreement.

Plan for the worst – whilst it can feel a bit awkward agreeing on what will happen in the event of fallout, it is easier to agree on what would happen whilst still on good terms. For example, should interest be charged on any unpaid sums?; do you have the right to withhold payment until defects are sorted?; can you terminate the contract without penalty? If these are discussed and agreed at the outset, in the event of a fall out you will be able to take speedier action to resolve the dispute.

Negotiate – a contract is normally for the benefit of all parties, whether that be paying a builder for their services to carry out work to your home, or loaning money in return for a payment in full with interest over a specified period. Having a clear agreement in which your interests are best protected on the best terms possible, means you shouldn’t shy away from negotiation. If it transpires at a later date that the agreement isn’t quite as beneficial as you thought, you are unlikely to be able to address this at a later date.

Due Diligence – we see time and time again people entering into agreements without carefully checking out the company or individual they are reaching an agreement with. Whilst it is not always easy to establish the financial position of the person you want to contract with, you should undertake as much research as possible to satisfy yourself that you are contracting with who they say they are; that they will be able to carry out the work you have paid for; or that any loaned sums can be repaid.

How we can help

We are often brought in to help clients at the point of the fallout of a contract. By taking into account the above steps, whilst we cannot guarantee you will not find yourself in the position of having to seek legal advice because a contract has been breached, it makes it easier to resolve any dispute if the above steps have been taken at the outset.

If you have any concerns over a contract or agreement you have entered into, about to enter into, or you are already at the stage where the contract has been breached and you are no longer benefitting from the contract, please get in touch on 0113 224 7808 or disputes@cohencramer.co.uk to discuss how we can help further.

 

Gemma Bowkett (Associate Solicitor) 5th May 2021

 

Avoiding contractual pitfalls