PI Dept.'s Legal 500 Entry

From The North Devon Journal

Personal Injury Department Gains Entry to The Prestigious Legal 500

The highly prestigious law directory, The Legal 500, has singled out the Exeter and Bideford offices of Slee Blackwell as one of a handful of firms excelling in personal injury law.

Says partner Lee Dawkins,

“We are delighted that the firm has been recognised by an influential and independent publication as one of the region’s leading centres for personal injury law. This is a reflection of the professionalism and expertise of our team of personal injury specialists.”

The firm has been developing a growing reputation for dealing with personal injury law and represents claimants from all parts of the country in what has become a national practice.

Mike Clarke Half Million Compensation Claim NDJ

From The North Devon Journal

Bideford solicitors recover £1/2m compensation for local man

Slee Blackwell’s Bideford office has secured compensation of almost half a million pounds for a former engineer with T J Brent who suffered devastating head injuries in an industrial accident.
Adrian Pile, a former Army electronics specialist from Torrington, who now lives in Bideford, was aged 25 when his head was crushed by heavy machinery. He suffered multiple skull fractures which left him with severe brain damage, loss of sight in one eye, and permanent effects on his ability to taste and smell.
His solicitor, Mike Clarke, said:
"Mr Pile recovered very well from injuries which could easily have been fatal, but his promising career as an engineer has been destroyed. He will suffer significant difficulties for the rest of his life and the size of the settlement reflects that. He is a very determined man of high intelligence, who has made great efforts to keep working and remain positive, despite the drastic effect this accident has had on his life."
Liability for the accident was admitted by Brents but agreement on the amount of compensation was reached on the case only this week, shortly before it was due for trial.
For further information please contact Mike Clarke on 01237 425225 or by e-mail at michael.clarke@sleeblackwell.co.uk

Licencing act 2003 - One Year On

It has been almost a year since the implementation of the Licensing Act 2003 since then the Courts have been kept busy clarifying how the Act should be interpreted in terms of the way Licensed Premises are run.
One thing is clear, people are not afraid to contest the decisions made by the Licensing Authorities. Challenges can be brought by Judicial Review or by an appeal. Appeals can be costly for the Premises Licence Holder especially since the High Court ruled that if an Authority has acted 'reasonably and in good faith' in reaching its decision legal costs should not be awarded against them even if ultimately the decision is flawed.
There are many appeals currently ongoing throughout the country and there have already been several interesting decisions. Perhaps the most significant one so far concerns the Department of Culture and Media which has been forced to clarify what is meant by the requirement to have a Designated Premises Supervisor (DPS) or Personal Licence Holder 'present' when alcohol is being sold or supplied. In Yorkshire one Licence Holder was forced to return from holiday under threat that if they failed to do so their premises would have to be closed. This led to questions being raised in the House of Commons and a revision of the DCMS Guidance. The revised Guidance now specifies that the DPS must give a specific statement to the person delegated to take over responsibility and that there must be regular monitoring by the absent personal licence holder. It would therefore be our advice that a written statement be given by both the DPS and the person taking over their responsibilities during their absence.
Hopefully these appeals and judicial reviews will continue to bring much needed clarity to the law so that Licensing Authorities and Premises Licence Holders alike will have a better understanding of what the Licensing Act 2003 actually requires.
If you need any help or advice relating to Licensing matters please contact specialist solicitor Emma Napper on 01271-349924 or e-mail emma.napper@sleeblackwell.co.uk
www.sleeblackwell.co.uk

The Smoking Ban

The much talked about smoking ban will come into force on 1 st July 2007 . From this date no smoking will be allowed in offices, factories, shops, pubs, bars, restaurants, clubs, public transport and work vehicles used by more than one person. Even previously allocated smoking rooms will not be allowed under the new legislation. In basic terms anyone who wishes to smoke in a public place must go outside.
Whilst the ban is just over 5 months away employers are already planning how to implement the new legislation. It is a matter for individual choice whether to establish an outside smoking area or ban smoking on the premises entirely. This will often be a balancing act between a potential loss of revenue and the cost of making premises compliant.
In reaching a decision 2 factors have to be taken into account:
If an outside area for smoking is to be established the legislation, in broad terms, states that it must either have no roof or a have a roof and be less than 50% walled. This brings with it issues of planning (it may be necessary to apply for change of use as well as planning permission for the structure) and Landlord's consent, both of which could be costly.
If there is already an existing outside area there may only be a need to put out some ashtrays and chairs and a few umbrella's together perhaps with outside heaters to cope with the inclement British climate
Owners of licensed premises will need to consider whether they need to apply for a variation to their Licence as some contain restrictions on allowing customers to take drinks outside. Additionally, some licences prevent people entering the premises after certain times which could cause problems for customers who have popped out for a quick fag and want to come back in!
All public buildings will need to display signs, probably at the entrances, stating that smoking on the premises is against the law. Details have yet to be issued.
For more information please contact:
Emma Napper 01271-349924 or emma.napper@sleeblackwell.co.uk
www.sleeblackwell.co.uk