Author: Mark Reynolds

In family law, an undertaking is a useful tool for resolving disputes and formalising agreements amicably without the need for a court order.

In this article, we’ll answer the question; ‘What is an undertaking in family law?’, explaining the difference between an order and an undertaking as well as the consequences of breaching an undertaking.

What are undertakings in family law?

An undertaking is a legally-binding promise made voluntarily by a person to the court.

In family law, undertakings are often made during legal proceedings in cases concerning divorce, child custody, and domestic violence.

An undertaking is usually a promise to do or refrain from doing something or to pay money.

They’re usually made in circumstances where the family court does not have the power to make an order.

What is the difference between an order and an undertaking?

Once an undertaking has been made, it’s legally binding and has many of the same effects as a court order.

The main difference between an order and an undertaking is that an undertaking cannot be imposed; it can only be made voluntarily with the consent of the party making it.

Is an undertaking the same as a non-molestation order?

A non-molestation order is a formal court order that prohibits one party from molesting another, whereas an undertaking is a voluntary promise made by a party to the court.

While both an order and an undertaking can be used to address issues like harassment and violence, they do not have the same automatic powers.

If a non-molestation order is breached, the party in breach can be immediately arrested and face criminal charges.

While breaching an undertaking can have serious consequences, it is not a criminal offence, and there is no power of arrest attached.

Common examples of undertakings in family law

Let’s examine some common scenarios when undertakings are made in family law to understand better where one might be applied.

• Non-molestation – One party might undertake not to contact, harass, or come within a certain distance of the other party or their children
• Asset protection – A party might undertake not to sell, mortgage, or otherwise dispose of marital assets during the divorce proceedings
• Property vacating – One party might undertake to vacate the family home by a certain date
• Child relocation – A parent might undertake not to take the children out of their current school or local area or travel abroad with them without the other parent’s permission
• Payment of bills or debts – After the financial aspects of a divorce are settled, one party might undertake to continue paying household bills or shared debts

What happens if an undertaking is broken?

An undertaking represents a legally binding promise, and breaking one can have serious consequences. Depending on the circumstances, breaking the promise you make in an undertaking could result in imprisonment or an unlimited fine.

Why choose Mark Reynolds Solicitors for family law?

At Mark Reynolds Solicitors, our team of specialist family law solicitors have helped countless families in the North West to resolve disputes amicably.

If you need legal support or advice regarding undertaking family law or any other family law matter, contact us today for a free consultation.

Consent orders play an important role helping families going through a divorce, or separation, to formalise arrangements for how children will be looked cared for.

In this article, we intend to answer the question; ‘What is a consent order in UK family law?’, explaining what a consent order is used for, and how much it costs to apply for one.

What is a family consent order?

A consent order is a legally binding document that formalises an agreement between parties about how a child will be looked after.

They’re often made after a divorce or separation to formalise an agreement about a child’s care, and are used to agree on details about where the child will live, when they will spend time with each parent, and when and what other types of contact can take place.

A consent order must be signed by both parties, and approved by the court, to be legally binding and enforceable.

What happens if a parent breaks a consent order?

If one parent breaches the terms of a consent order, the other parent may apply to the court requesting it enforces the order.

The court will examine the facts, and depending on the situation, it might make an enforcement order or an order for compensation for financial loss.

An enforcement order means the person in breach of the order must complete between 40 and 200 hours of unpaid work.

An order for compensation for financial loss will require the parent in breach to reimburse any financial losses you’ve incurred as a result of their non-compliance.

Can courts reject consent orders?

When making a consent order, you must apply to the court to get the consent order approved.

The court may reject the consent order if it does not think it’s in your child’s best interest.

If this happens, the court may change your consent order or make a different court order to decide what is best for your child.

Do I need a solicitor to get a consent order?

To apply for a consent order, you need to draft an informal agreement and attach it to a completed C100 form to be submitted to the family court.

While you’re not legally required to have an agreement drafted by a solicitor, it’s highly recommended that you do.

A specialist family law solicitor can ensure that your agreement is watertight and aligned with everyone’s best interests.

A solicitor can also complete necessary forms for you, facilitating a swifter and smoother process.

How much does a consent order cost in the UK?

There is a £255 fee to apply for a consent order.

If you’re eligible for help with legal fees, you may be able to apply for free or at a reduced cost.

Why choose Mark Reynolds Solicitors for help applying for a consent order?

At Mark Reynolds Solicitors, our team of specialist family law solicitors is here to provide support, guidance, and legal services to families navigating child arrangement cases.

Contact us today for a free consultation, and we’ll work with you to ensure that your child’s best interests are always protected.

Seeking legal services or advice to resolve family issues or disputes can be expensive.

However, you may be eligible for help with paying these expenses.

Legal aid is a type of state funding that can be used to help pay for legal advice, mediation, or representation in court.

It’s designed to help people on a low income to gain access to the legal services and support that they need.

However, legal aid is not available to everyone or for every case.

In this article, we will answer the question “Can you get legal aid for family law?” and explore when legal aid is available and who is eligible for it.

Is legal aid available in family law?

Yes, legal aid is available in family law, but only in certain circumstances.

When assessing your eligibility for family law legal aid, the following factors are considered.

• Scope – The type of legal problem you’re dealing with
• Means – Your financial circumstances
• Merits – How serious the problem is and the likelihood of success

Legal aid is more readily available for public law family cases, particularly if a local authority believes a child is at risk of harm and needs legal protection or social services have begun care proceedings.

What does family legal aid cover?

Family legal aid can be used to help pay for legal services relating to various family law matters, including divorce and separation, child custody and contact arrangements, domestic violence cases, care proceedings, child abduction, and mediation.

However, it’s only usually available to resolve family disputes about child arrangements or financial disputes following a divorce or separation if there is evidence of domestic abuse or a child is deemed to be at risk of abuse.

Can I get free legal aid for family court UK?

There are several types of legal aid available – legal help, legal representation, and mediation.

Legal help is used to pay for legal advice and assistance, whereas legal representation may be used to pay for legal representation in the family court and a family law solicitor to help you prepare for the case.

Can you get legal aid for a child arrangement order?

It may be possible to obtain legal aid to help pay the legal fees associated with obtaining a child arrangement order if the child in question is at risk in their parent’s care and the person applying for legal aid can meet the means and merits tests.

Family law services from Mark Reynolds Solicitors

Mark Reynolds Solicitors does not accept legal aid cases.

However, we’re proud to have establishe a reputation as one of the leading family law firms in the North West of England, with offices in Warrington, Liverpool, Runcorn, and Leigh.

We offer confidential, expert legal advice tailored to your unique circumstances and a just and compassionate service.

To discuss your family law matter confidentially with a specialist family law solicitor, contact Mark Reynolds Solicitors today by calling 0800 002 9577.

Whether you’re navigating a complex divorce, or require help negotiating child arrangements following a separation, a family law solicitor provides you with the legal support and guidance you need to reach a fair and amicable resolution.

Here, we’ll explore the circumstances under which you may need a family law solicitor and provide insight into the costs associated with hiring one.

Why would you need a family law solicitor?

Family law solicitors provide invaluable support and legal advice to families navigating changes to their family dynamic.

They can provide a wide range of services, including legal advice, representation, document preparation, mediation, and negotiation.

These services help ensure proceedings are handled fairly and that the rights and interests of all parties, particularly those of children, are protected.

Some of the most common family matters that require a family law solicitor include:

• Divorce or separation
• Civil partnerships
• Child arrangements
• Grandparents’ and relatives rights
• Domestic violence
• Change of name
• Judicial separation
• Parental responsibility
• Prenuptial or pre-cohabitation agreement

How much does a solicitor cost for family law in the UK?

The cost of hiring a family law solicitor completely depends on the details of your case.

Several different factors influence the cost, including the solicitor you choose, the area of family law involved, and the complexity of the case. For example, you can expect to pay far less in solicitor fees for a simple name change than you would for a complex divorce.

Always check with your solicitor whether they charge an hourly rate or a fixed fee.

For cases charged at an hourly rate, the price per hour is dependent on the solicitor’s level of experience. A solicitor’s hourly rate can vary from £150 to £300 per hour, plus VAT.

Most solicitors can provide an estimate of the number of hours your case should take.

Some solicitors offer a fixed-fee service, where they provide a quote for the case before they start work and a guarantee that this price won’t change – most clients prefer this approach as it is more reliable and easier to budget for.

How much are family court fees in the UK?

Some family law cases require an application to be filed with the court, for example, divorce and judicial separation.

Family court fees vary widely, depending on the type of application or action you are taking.

Applications relating to domestic violence cases are usually free of charge, while applications for a divorce, dissolution, or judicial separation cost £593.

It’s always preferable not to go to court as court proceedings can be very expensive. However, if a family law matter cannot be settled using negotiation or mediation, then it may require court intervention.

If this is the case, you will need to budget for these fees.

Your solicitor can advise you on the cost of court fees and any waivers or deductions that may be available to you.

Need free, no-obligation legal advice regarding a family law matter? Speak to our team of experienced family law solicitors here at Mark Reynolds Solicitors by calling us on 0800 002 9577.

A C2 form plays an important role in helping individuals to attain court permission to initiate or amend proceedings in family law child arrangement cases.

In this article, we answer the question ‘What is a C2 application in family law?’, explaining when and how a C2 document can be used and how much it costs to file a C2 application.

What is a C2 application in family law?

In family law, a C2 form is used in England and Wales to request permission from the court regarding child arrangements.

It’s relevant in proceedings held in accordance with the Children Act 1989, which could involve matters like child custody, visitation rights, or parental responsibility.

What can a C2 document be used for?

A C2 form may be used during three different scenarios relating to child arrangements.

These are:

• To seek approval to make an application

A person who has a significant relationship with a child, but isn’t automatically entitled to make an application regarding child arrangements, must use a C2 form to get the court’s permission to apply. This could apply to a grandparent, or close relative, and ensures that only appropriate parties are involved in the proceedings to safeguard the child’s best interests.

• To request an order or directions in existing proceedings

If circumstances or information regarding an ongoing family law case change, then a C2 form can be used to request a new order or amend an existing one. This could include requests for specific visitation schedules, changes to parental responsibilities, or the temporary removal of a child from a potentially harmful situation.

• To add or remove someone from an application

As the case unfolds, it might become necessary to change who is involved in a child arrangement case. A C2 form can be used to apply to join an ongoing case or request to be removed from the proceedings.

How much does a C2 application cost?

The cost of making a C2 application depends on what you are using the document to apply for, but it generally costs between £58 and £167.

If you’re eligible for help with legal fees, you may be able to apply for free or at a reduced cost.

Choose Mark Reynolds for Child Arrangement Orders

At Mark Reynolds Solicitors, our team of specialist family law solicitors is here to provide support, guidance, and legal services to families navigating child arrangement cases.

We understand that resolving child arrangement issues or disputes can be overwhelming, and our team aims to make a stressful process as quick and painless as possible.

We handle every family law case with the utmost care and professionalism; whether you’re filing a C2 application to seek permission for court action or require mediation services to resolve an urgent dispute, our dedicated team is equipped to help.

Contact us today for a free consultation, and let us help you ensure that your child’s best interests are always protected.

Navigating family politics can be challenging at the best of times. When familial relationships break down, resolving disputes can become increasingly complex—particularly when money or children are involved. At this point, many families seek help from a legal professional who specialises in family law. A family law solicitor helps families negotiate and resolve issues or disputes fairly and as amicably as possible.

In this article, we will explore the different areas of family law to answer the question, “What is family law?”

What exactly is family law?

Family law is a very broad area of law that focuses on family relationships. The three main areas of family law are matrimonial, finance, and child. Some family law solicitors specialise in just one of these areas, whilst others cover all family law matters.

Dealing with a family law issue can be extremely upsetting and disruptive for the family involved. That is why, in family law, there is an emphasis on resolving disputes through negotiation and mediation, with court proceedings only considered a last resort.

Several important pieces of legislation govern family law UK; these include:

• Matrimonial Causes Act 1973
• Children Act 1989
• Civil Partnership Act 2004
• Family Law Act 1996
• Child Maintenance and Other Payments Act 2008

Some key areas of family law include marriage and civil partnerships, divorce and separation, child law, domestic violence and abuse, property and financial matters, cohabitation, and grandparents’ rights. We’ll explore some of these areas in more detail later in this article.

How is family law different from other areas of law?

Because family law deals specifically with familial relationships, it requires a more personal and sensitive approach than other areas of law like corporate law or criminal law.

Family law solicitors help families resolve highly emotional and personal issues, which requires a high level of empathy and sensitivity. Family law cases can have a huge impact on the people involved on a personal level, particularly when children are involved, so they must be handled with the utmost care. There are unique legal standards that govern family law, including the “best interests of the child” principle. This standard requires the best interests of any children involved in a case always to take precedence in decision-making.

When it comes to family law, there is also an emphasis on resolving issues as amicably as possible without going to court. The stress and expense of going to court can put considerable strain on families, so family law concentrates on trying to resolve issues through negotiation and mediation services.

What does family law cover in the UK?

In the UK, law firms that practice family law usually offer a wide range of services to provide legal advice and support for various family matters. They can assist with a wide variety of issues from divorce to child arrangements and everything in between.

So, to answer the question, “What is family law UK?” Let’s examine some of the different areas that family law covers.

Divorce and separation

Family law solicitors can help married couples whose relationships have irretrievably broken down to navigate divorce or judicial separation. In 2020, the Divorce, Dissolution, and Separation Act introduced “no-fault divorces”, which eliminates the need to attribute blame. Instead, either party can file for a divorce, or both parties can apply jointly.

A family law solicitor can help married couples file for a divorce, resolve disputes, divide assets fairly, and negotiate financial and child arrangements.

Alternatively, family law solicitors can help couples apply for a judicial separation if they do not wish to get a divorce for personal or religious reasons. A judicial separation allows the parties to live separately and the Family Court to make financial orders between them. However, it means the marriage has not legally ended, and neither party can marry again until they’ve obtained a divorce.

Marriage and civil partnerships

Marriage and civil partnerships are legal contracts between two individuals. Before entering into a marriage or civil partnership, it’s sensible to discuss what would happen if your relationship were to break down in the future. Planning ahead can provide both parties with peace of mind and financial security.

A family law solicitor can help couples draw up a prenuptial or pre-cohabitation agreement to protect each party’s assets and agree on how assets will be split if their relationship breaks down. These agreements can be used to protect all sorts of assets, including property, savings, inheritance, trust funds, premium bonds, stocks and shares, pension pots, and more.

Family law solicitors can also help dissolve civil partnerships. The process for dissolving a civil partnership is very similar to that of divorce.

Domestic violence and abuse

Family law firms provide invaluable, and sometimes life-saving, support to victims of domestic violence and abuse. Domestic abuse can cover everything from physical violence and emotional abuse to controlling or coercive behaviour, financial control, and gaslighting. Family law solicitors help individuals take legal action against their abuser and obtain injunctions to protect them against further abuse.

Child law

Family law also covers many different aspects of child law, including child arrangements, parental responsibility, child maintenance, adoption and surrogacy, child protection and safeguarding, and more. Family law uses “the best interests of the child” principle to ensure that all decisions regarding children put the child’s welfare first.

When a couple separates, disagreements sometimes occur over where children will live and how they will spend time with each parent. Family law can help resolve child arrangement disputes using negotiation or a Child Arrangement Order.

A family law solicitor can also help parents apply for parental responsibility if they don’t already have it. Parental responsibility gives a person the legal right to make major decisions regarding the child’s education, health, religion, or name change.

Change of name

Today, more people than ever change their names or their children’s names due to life events like divorce, adoption, marriage, or civil partnership.

A family law solicitor can advise you on the process for changing your or your child’s name according to your circumstances. They can also help you complete the required documents and draft the change of name deed.

Cohabitation

Marriage is less important than it once was, and more people than ever now choose to cohabit without getting married or entering a civil partnership. Unfortunately, common law marriage is a myth, and cohabiting couples do not have the same legal rights as married couples. In fact, they have very few legal rights, which can make the division of assets extremely complicated when cohabiting couples separate.

Drawing up a cohabitation agreement can help protect both parties if their relationship breaks down in the future. Cohabitation agreements are legally binding agreements that can be used to gain clarity over various issues relating to both the couple’s lives together and what would happen if their relationship ended. Common areas covered in a cohabitation agreement include how bills and debts will be covered, each party’s stake in any shared property, child arrangements if their relationship ends, and the division of assets if their relationship ends. A family law solicitor can also help with resolving cohabitation disputes when there is no cohabitation agreement.

Grandparents’ rights

Grandparents often play an important role in a child’s life. Sometimes, after a divorce, separation, or family conflict, grandparents can find themselves cut out of a child’s life. Losing contact can be upsetting and detrimental to both the grandparent and the child. Although grandparents do not have automatic rights to child access, the Family Court recognises the invaluable role they can play in a child’s life and will try to reunite them if they believe it is in the child’s best interests to maintain contact.

A family law solicitor can help grandparents and other relatives ask permission to apply for a court order and, if granted, a child arrangement order. A child arrangement order then sets out how frequently the grandparent can see the child and under what circumstances.

Mark Reynolds Solicitors Family Law

If you need help resolving a family law matter, contact Mark Reynolds Solicitors’ team of specialist family law solicitors.

We are one of the leading law firms in the North West, providing family law services to clients throughout Liverpool, Warrington, Leigh, Runcorn, Manchester, and the surrounding areas.

We offer cost-effective legal advice and services on a no-win, no-fee basis. Contact us today on 0800 002 9577 or fill out the contact form on the right to schedule a free, no-obligation initial consultation.

What is Martha’s Rule?

From April 2024, the NHS implemented the first phase of Martha’s Rule. This rule will allow patients, families, carers, and staff round the clock access to a rapid review from a second, separate care team if they are worried about an individual’s condition once fully implemented. It is essentially a legal requirement to provide a second opinion when it is requested.

Martha’s Story:

Martha Mills was a 13 year old who died due to a delay in moving her to an intensive care ward after concerns were raised by her parents that she may be suffering with sepsis.

Martha was admitted to hospital in May 2021 after sustaining a pancreatic injury from falling off her bike. During her admission, she contracted an infection and her condition deteriorated over the course of 10 days. Between the 21^st and the 29^th August 2021, her parents raised concerns about her deterioration several times, once explicitly stating that they believed that she had sepsis and would develop septic shock. They were told daily that her recovery was not in doubt at that it was just a matter of time. On the 29^th August 2021, she began bleeding heavily through a tube inserted into her arm. Unfortunately, Martha passed away on the 31^st August 2021. Her cause of death was sepsis and refractory shock.

The inquest following Martha’s death determined that there were several opportunities to refer Martha to intensive care, all of which were missed. The coroner determined that Martha’s life could have been saved if she was transferred to intense care earlier.

What does the Rule involve?

There are three components of Martha’s Rule that have been proposed which can be found detailed at:

https://www.england.nhs.uk/patient-safety/marthas-rule/

These are also provided below:

1. All staff in NHS trusts must have 24/7 access to a rapid review from a critical care outreach team, who they can contact should they have concerns about a patient.
2. All patients, their families, carers, and advocates must also have access to the same 24/7 rapid review from a critical care outreach team, which they can contact via mechanisms advertised around the hospital, and more widely if they are worried about the patient’s condition.
3. The NHS must implement a structured approach to obtain information relating to a patient’s condition directly from patients and their families at least daily. In the first instance, this will cover all inpatients in acute and specialist trusts.

The Change in Effect:

The welcome change enables a path to which concerned family members can ensure that their concerns are addressed not only by the primary team, but also by a secondary team. This way, any errors in treatment can be caught, or any reassurances can be provided.

It is the latest change introduced by the NHS in a series of measures to improve the way that the service can identify any decline in a patient’s condition that may not have been identified by the primary care provider.

The obligation imposed upon the NHS will be highly advertised via posters on wards to ensure that those unaware of Martha’s Rule will be knowledgeable on its implementation, and can use it at their discretion.

Whilst the implementation comes at a time of an NHS crisis, the process will work to ensure that critical treatments are provided where they could potentially be missed, ensuring that lives are made better, and in some cases, that lives are saved. 

Introduction:

The Civil Liability Act 2018 and the Whiplash Injury Regulations 2021 brought into effect the Whiplash Reforms. These reforms introduced a tariff award for whiplash injuries following road traffic accidents on or after the 31^st of May 2021; this being soft tissue injuries to an individual’s neck, back, and/or shoulders. A slightly increased tariff applies for injuries that are accompanied by psychological injuries. The tariff can be found at Paragraph 2(1)(b) at the following link:

https://www.legislation.gov.uk/ukdsi/2021/9780348220612

What the legislation omits to address is the overlap between whiplash (tariff) injuries, and other injuries (non-tariff). These are soft tissues injuries to areas that are not the neck, back, and shoulders, such as knees and wrists.

This forms the basis of the two cases brought before the Courts, Rabot v Hassam, and Briggs v Laditan.

Background:

Rabot v Hassam and Briggs v Laditan were heard by District Judge Hennessy, claims to which there were tariff and non-tariff injuries following a road traffic accident. In assessing the injuries, the judge referred to an existing judgement, Sadler v Filipiak, which enabled the judge to assess the injuries together to create a total sum, and then stepping back and reducing the figure to account for any overlap of pain, suffering, and loss of amenity.

Mr Rabot’s whiplash injuries, together with injuries to the left elbow, knee, and hips, totalled an award of £3,890.00. The judge then reduced the figure to £3,100.00 to account for any overlap. Mr Briggs’ injuries totalled £3,840.00, and the figure awarded was £2,800.00.

The judgement was appealed and heard in the Court of Appeal.

The Court of Appeal:

In bringing the claims to the Court of Appeal, the Claimant’s submitted that the approach that DJ Hennessy adopted should be followed; in that, the sums should be combined and then reduced accordingly. The Defendant submitted that the tariff award should be the starting point, upon which, additional small sums should be added when non-tariff injuries are established that are independent of the tariff injuries.

The judgement was decided by two to one, whereby the decision favoured the initial judgement given by District Judge Hennessy. This was given under the proviso that the total sum awarded could not be less than the award for the value of the non-tariff injury alone. For example, in Mr Brigg’s case, the sum awarded for his non-tariff injuries was £3,000.00. As such, the final award that was decided could not be £2,800.00 as District Judge Hennessy awarded in the first court.

The Court of Appeal judgement was subsequently appealed on the same grounds.

The Supreme Court:

The five judges of the Supreme Court supported the decision of the Court of Appeal and is summarised in the following.

The unanimous judgement addressed how the wording of the Act does not detract from how injuries are assessed at common law. As such, the court is able to make an award with reference to and to reflect combined injuries, as opposed to solely tariff which is confined to solely whiplash injuries. The judgement addresses how the Sadler approach was correct, and that a reduction should be made to account for any overlap in pain, suffering, and loss of amenity. It states how this adopted approach does not undermine the purpose of the legislation, as Claimants still receive a lower award if they present with mixed injuries.

Correct approach:

1. Assess the tariff amount by applying the table in the 2021 Regulations.
2. Assess the common law damages for PSLA for the non-whiplash injuries.
3. Add those two amounts together.
4. Step back and consider whether one should make an adjustment applying Sadler. The adjustment (which in this context will almost always be a deduction rather than an addition) must reflect, albeit in a rough and ready way, the need to avoid double recovery for the same PSLA.
5. If it is decided that a deduction is needed, that must be made from the common law damages.
6. However, the final award cannot be lower than would have been awarded as common law damages for PSLA for the non-whiplash injuries had the claim been only for those injuries.”

Comment:

The judgement in the UK Supreme Court has been one that is positive for personal injury practitioners and claimants alike. It recognises the need for thorough and appropriate compensation following road traffic accident claims, for claimants that have suffered with multiple injuries. Prior to this clarification from the courts, the initial Sadler approach would result in awards that would step back too far, and award sums that were below what individuals would now be able to receive in light of the present case law.

The practical impact of this judgement should be reflected in judgements to come, wherein claimants will not be financially hindered for bringing claims where there are whiplash and non-whiplash injuries, but instead, be compensated appropriately in line with common law and legislative damages.

Representatives from insurance companies have commented on the practical implications of this judgement; in that they believe it will only work to increase insurance premiums and disadvantage the many to advantage the few. However, the 2018 legislation and tariff system were introduced to reduce insurance premiums. It is a balancing act to which the public are yet to see any results in the payments that are made.

Nevertheless, the judgement has been welcomed by many. It provides clarity in an area of law that has arguably presented more uncertainty than stability since its introduction in 2018. Claimants and Defendants can now be confident in receiving and deciding upon awards for mixed injuries with this clarity from the courts. The law is wanting, for example, on the issues of minor psychological injuries, and what qualifies an uplift to the tariff amount; however, judgements such as this will work to develop and shape the law in the coming years.

What is Sepsis?

Sepsis is your body’s response at fighting an untreated infection. Should an infection be present for too long, your immune system will produce an extreme response which will begin causing damage to its own tissues and organs.

This condition is indiscriminate of any biological factors and can happen to anyone harbouring an infection; however, it is found in higher frequencies in the elderly; the very young; pregnant individuals; or those with other health problems.

Sepsis can present in many ways and as such, it can be difficult to identify, but the most common symptoms present as:

• Extreme body temperature such as fever or low temperature
• High heart rate
• Confusion and slurred speech
• Difficulty breathing
• Discoloured or mottled skin
• Failure to pass urine over a 24-hour period.

Sepsis takes a life every 3 seconds worldwide. This is 11 million lives a year; more lives than breast, bowel, and prostate cancer combined.

Treatment

Sepsis can be treated effectively if treatment begins early. This is why it is of the utmost importance for healthcare professionals to be alert to the symptoms and perform the necessary tests to diagnose it promptly.

A singular diagnostic test does not yet exist for sepsis, so healthcare professionals are required to use a combination of tests to diagnose sepsis as soon as possible.

If left undiagnosed, sepsis can have devastating consequences leading to septic shock and organ failure. As it can potentially be treated with antibiotics, it is worthy to present at any medical institution as soon as you present with any symptoms.

Long Term Impacts

As above, should sepsis be identified early, it can be treated effectively, and it will be unlikely that there are any lasting consequences.

However, failure to diagnose can lead to severe sepsis, which ultimately reduces the blood supply to your tissues and affects your internal organs. Septic shock is when there is a dramatic drop in an individual’s blood pressure, leading to the organs being starved of oxygen. The survival rate for septic shock is low but people can and do survive. 

In up to 50% of cases, people can experience post-sepsis syndrome. This is a long-term physical, cognitive, and psychological syndrome. It can cause lethargy, fatigue, insomnia, muscle and joint pain, swelling in the limbs, and reduced organ function. It can have a psychological impact with hallucinations and panic attacks, flashbacks, memory loss, depression, and decreased cognitive functioning.

Medical Malpractice

It is possible that an individual could be eligible to bring a claim due litany of factors. The typical circumstances whereby a claim arises are as such:

•  If a medical institution fails to diagnose the condition when an individual presents with typical symptoms, and there is avoidable loss as a result.
• If sepsis is misdiagnosed as another condition and is therefore incorrectly treated.
• If sepsis is diagnosed but incorrectly treated and there is harm as a result.
• If a medical institution causes sepsis by late or delayed treatment.
• If a medial institution causes sepsis by poor hygiene standards or poor care.

If you believe you are a victim of someone else’s negligence regarding sepsis, then we may be able to assist in making a no win, no fee claim for clinical negligence

If you are making a personal injury claim, it is important you are honest about your symptoms and losses.

Don’t exaggerate them or make false statements.

Claimants found guilty of being fundamentally dishonest with their personal injury claim can face severe consequences.

This article will explain the concept fundamental dishonesty and how it could affect your personal injury claim if you are found guilty.

What is fundamental dishonesty in personal injury?

Fundamental dishonesty is a concept that was introduced in the UK under Section 57 of the Criminal Justice and Courts Act 2015 in a bid to deter fraudulent or exaggerated personal injury claims.

The defendant must prove the claimant has been fundamentally dishonest. Usually, fundamental dishonesty will either be discovered before the trial or arise from evidence during it.

Examples of fundamental dishonesty include an individual claiming that since the accident, they can no longer carry out a particular task when this is untrue. The dishonesty must be related to something fundamental in the case rather than a minor part of the claim.

In some cases, defendants may undertake surveillance of the claimant to gather evidence of their dishonesty. Evidence may also be gathered from the claimant’s social media posts or eyewitness accounts.

Consequences of fundamental dishonesty

Claimants that are found to have been fundamentally dishonest could find themselves facing the following consequences:

• They become liable to pay legal costs for both sides – Usually, under the Qualified One-way Costs Shifting (QOCS) principle, claimants do not bear liability of cost in personal injury claims. However, if a claimant is found to be fundamentally dishonest, then QOCS protection is lost. If a claim is fundamentally dishonest, the claimant loses protection under QOCS and is required to pay the legal costs on both sides.

• The case is dismissed – If a claimant is found to have been fundamentally dishonest, the judge may dismiss their personal injury case altogether. This can even happen in cases where the claim is otherwise genuine but contains elements of dishonesty. This could also mean the claimant loses the right to raise the same kind of claim in a court of law in the future.

• Prosecution – In extreme cases, the claimant could even be prosecuted for perjury/contempt of court.

Does fundamental dishonesty only apply to personal injury?

Whilst dishonesty can lead to serious consequences in many areas of the law, the concept of fundamental dishonesty is specific to personal injury claims. It can also only be applied to the claimant.

If you have sustained injuries after an accident that wasn’t your fault and require help with a personal injury claim or fundamental dishonesty personal injury, contact Mark Reynolds Solicitors.

Call us today on 0800 002 9577 to arrange a free consultation with one of our solicitors.