It is impossible for anyone who has not suffered a traumatic labour to fully comprehend the distress caused by birth injuries.

Here at Healys, we won’t try to tell you that we understand how you’re feeling – but we can help you receive the best possible care for you and your child, and maximise your chances of receiving the fullest compensation package possible.

We aim to provide:

• Free assessment of your claim.
• One to one contact with your lawyer from day one.
• Clear and unambiguous legal advice.
• Visits to you at home, hospital or in a rehabilitation centre.
• Early interim payments and funding for rehabilitation needs.
• Maximum compensation and the best outcomes for you.

Call Healys Medical Negligence Solicitors today. Our friendly team is here to help. You can see how we have helped our clients in our case studies section.

The effects

Birth injuries can be relatively minor, and some – such as certain limb injuries, Erb’s palsy, or Brachial Plexus injury – may sometimes heal of their own accord.

However, whenever a birth injury has a permanent effect on your child, and it was caused by negligence on the part of the staff involved in your care, you could make a claim for compensation.

When mismanagement errors during labour cause the severest of injuries – such as oxygen starvation leading to brain damage – the effects on a child can be devastating. Brain injury such as cerebral palsy is irreversible and usually means that the child will require long term care and help throughout their life.

How can our solicitors help you?

If your child has suffered an injury at birth, such as brain damage, the team at Healys can help you claim compensation from the hospital or NHS Trust responsible.

We will ensure, where appropriate, that you receive full damages to include provision of funds for future care needs and housing, such as adapted living costs.

Our independent case managers will liaise with you throughout your claim and help to ensure your child receives the best treatments, rehabilitation services, and appropriate educational services.

Birth injury claims are, in many cases, complex – and require litigation services from birth injury solicitors who have a proven track record in settling these matters.

Our team is professional, has all the relevant expertise, and will robustly fight your case so that you and your child’s best interests are maintained. We believe in providing clients with a personal and sensitive service to help them through this difficult time.

These costs apply to business-to-business debt recovery matters where your claim is in relation to an unpaid invoice which is not disputed and where enforcement action is not needed.

If your opponent disputes your claim at any point, the costs beyond the First Stage (set out below) will not apply and we will discuss any further work required and provide you with revised advice about costs.  It is likely that on-going costs in a disputed action would be charged on an hourly rate basis.

Anyone wishing to proceed with a claim should note that:

• The VAT element of our fee cannot be reclaimed from your debtor
• Interest and compensation may take the debt into a higher banding, with a higher cost
• The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt

Our fee includes:

• Taking your instructions and reviewing documentation
• Undertaking appropriate searches
• Sending a letter before action
• Receiving payment and sending on to you, or if the debt is not paid, drafting and issuing claim
• Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgment in default
• When Judgment in default in received, writing to your opponent to request payment
• If payment is not received within 14 days of obtaining Judgment, providing you with advice on next steps and likely costs

Undisputed debt claims usually take 12-16 weeks from receipt of instructions from you to receipt of Judgment in Default (depending on how quickly you revert with further instructions following completion of the Pre-Action stage and depending on how busy the Court is). This is on the basis that your opponent pays promptly on receipt of Judgment in default. If enforcement action is needed, the matter will take longer to resolve.

Our corporate team specialises in advising on venture capital transactions of all sizes. We act for businesses of every type and structure across a wide range of sectors and jurisdictions.

Our joint venture experts regularly devise and implement tax-efficient joint ventures and alliances, and support our clients at every step of the process. From planning and documenting the initial structure, through implementation and operation, to termination of the joint venture or exit process, we ensure that the structure chosen for your joint venture meets both the objectives of the business as well as the regulatory, legal and tax requirements.

For more information regarding Healys’ corporate legal services, please contact Corporate Partner, Karen Lord on 01273 – 669 124 or email her at: karen.lord@healys.old-website.shout-loud.co.uk. 

As part of our corporate offering, our solicitors can advise on all aspects of Partnerships and LLPs.

We act for partnerships and LLPs, as well as individual partners and members, in all issues relating to their business relationships. We can assist on all contentious and non-contentious matters, from converting partnerships and companies into LLPs, to firm mergers, team moves, restrictive covenants and retirement terms. We can advise on fund management, law, accountancy, surveyor and other professional services.

With extensive experience of partnerships agreements, we can advise on both the revision of existing agreements as well as the adoption of new LLP partnerships. Our team have an excellent track record assisting with retirement arrangements, including deferred payments and investment fund carried interests; with reducing partners notice period; in managing partner under-performance; and in dealing with discrimination and whistle-blower claims.

For more information regarding Healys’ corporate legal services, please contact Corporate Partner, Karen Lord on 01273 – 669 124 or email her at: karen.lord@healys.old-website.shout-loud.co.uk. 

Our private equity team advises on all aspects of private equity investment across a wide range of sectors.

Acting for clients ranging from individuals and institutions wishing to benefit from private equity investment, to management buy-out teams and debt providers, our private equity experts offer a service focused on identifying key issues and providing commercial solutions.

We can assist in all matters relating to management buy-outs, private equity funding, venture, start-up growth and development capital. In addition, our specialist team is equipped to advise on restructuring, turnarounds, trade sales, secondary buy-outs and flotations.

With significant experience of corporate and investment structures, including partnerships, limited partnerships, LLPs, corporate and other structures, we can help you find the structure and vehicle most appropriate to your needs, and one that complies with tax and regulatory rules.

For more information regarding Healys’ corporate legal services, please contact Corporate Partner, Karen Lord on 01273 – 669 124 or email her at: karen.lord@healys.old-website.shout-loud.co.uk. 

Bankruptcy Discharged

Our client is a businessman who was the subject of a bankruptcy order made against him and wanted to apply to the court to have the order annulled.

Having left the country for personal reasons many years ago, the client instructed Healys in early 2017, having discovered that a bankruptcy order had been made against him in 2006. Given his absence at the time and lack of knowledge of the order, his discharge from bankruptcy was also suspended. Due to the passage of time, obtaining information on the petitioner and reason for suspension was difficult since the court had limited information on its file. Furthermore, the Official Receiver no longer held a paper file, and had changed its systems twice since the bankruptcy. Healys’ attempts to trace and locate the petitioning creditor were however, ultimately successful, the petitioner being established as a well-known bank. Continue reading →

Led by head of employment Allison Grant, Healys Care team offers a range of HR and employment advice to NCA members.  The guidance at NCA regional events is proactive and relevant, covering best employment practices to strengthen a care providers ability to effectively manage staff and avoid the pitfalls of workplace issues and claims.

Examples of our work include:

• Standards and staff issues
• Safeguarding and discipline
• Recruitment and retention of staff
• Performance management, legal and practical issues
• Managing sickness absence
• Step by step guide to disciplinary and grievance procedures
• How to dismiss fairly
• Updates in our employment laws and practices

The Care Quality Commission (CQC) is responsible for ensuring compliance with the essential standards. CQC is focused on the management and monitoring of staff, the delivery of care, and in turn the standards met.  The comprehensive range of Healys’ guidance supports compliance with CQC standards, and promotes excellence.

How Can Healys Help?

Our range of employment and HR services includes:

• Access to up-to-date examples of the best employment contract and staff handbook for care providers
• The training of managers in the oversight of care delivery
• How best to communicate and implement essential employment practices to support high standards
• Support with everyday HR queries, from advice on what to do and how best to handle a situation, to ongoing clarification that you are on the right track
• Advice and representation if faced with an Employment Tribunal claim

Healys Care team has a thorough understanding of care homes and the care industry, and can provide high-quality advice and solutions to employment and HR related issues. Combining the experience Healys has to offer across multiple teams, including Corporate, Commercial and Employment, with up-to-date knowledge of industry trends and threats, the team can provide comprehensive guidance and assistance that benefits your business and your care providers.

Our Care team has the expertise and knowledge to guide you through all aspects of the finance of care homes.

With the expertise of our Banking & Finance and Corporate teams, we can assist on a wide range of financial matters to include:

• Advising owners/operators who have breached banking covenants.
• Advising lenders on their security as part of a group reorganization.
• Revising lending and security arrangements in connection with the sale and leaseback of properties.
• Advising on the funding for the development, improvement or ongoing running of a care home.
• Advising on associated security and guarantees required by a lender.
• Advising on deeds of priority which may be required between secured lenders.
• Restructuring and refinancing of care homes.

How Can Our Care Solicitors Help?

Our experience and knowledge of the care industry gives us the ability to provide high-quality advice and solutions in relation to corporate finance and documentation for care homes. Combining the wealth of experience Healys has to offer across multiple teams including corporate, commercial, property and private wealth, with up-to-date knowledge of industry trends and threats, the team can provide a competitive service that benefits your business and your care providers.

With economic integration and globalisation on the increase, the obstacles to international investment and business continue to be removed.

The inherent risks and complications, however, of carrying out international business remain. As a result, insolvency practitioners in England and Wales are increasingly having to deal with the recovery and realisation of assets situated overseas, and claims by foreign entities to the assets of an insolvent company or individual in England and Wales.

Cross-border insolvency issues arise when financially distressed debtors own assets or have creditors in more than one country. Many of the companies that enter insolvency every day have some cross-border element and many involve offshore jurisdictions. As a result of the growth in cross-border insolvency, there has been a corresponding increase in the various sources of law to be applied to any accompanying legal issues.

The team often represents appointment takers, creditors and other stakeholders in cross-border insolvency matters, typically focusing on the recognition of foreign insolvency officials and their powers, and issues relating to choice of law rules, jurisdiction rules and rules as to the enforcement of judgments.

National insolvency regimes often have very different approaches to key issues, for example in relation to the treatment of secured creditors, rights of set-off and corporate rehabilitation regimes. The team has dealt with and negotiated the challenges of multi-jurisdictional insolvency, often cooperating with insolvency officials and other interested parties abroad, to provide clients with a coherent strategy and a creative solution that suits their needs.

Work areas include:

• Chapter 7 Bankruptcy Code liquidations
• Chapter 15 applications in the US
• Bankruptcy investigations
• Issues as to COMI to determine the main insolvency proceedings
• Section 426 IA 1986 assistance applications
• Advising on the CBIR Model Law
• Official Creditors Committee Representation
• Offshore insolvency proceedings
• Schemes of arrangement