A spinal cord injury can change life suddenly and profoundly, not only for the person injured but also for their family and those closest to them. Alongside the physical and emotional impact, people often have to understand unfamiliar medical language at a...
Brethertons Blog
Cafcass, the Children and Family Court Advisory and Support Service, is an independent organisation that advises the family courts in England on what is safe and in the best interests of children when their parents or carers cannot agree on arrangements for...
As children across the country return to school, parents will soon be asked to give consent for their children to receive their annual flu vaccination. But what happens when separated parents disagree? While a disagreement over a flu jab may sound...
We’re delighted to share some exciting news: Brethertons has opened two new offices, one in Bloxham and another in Cheltenham, marking a significant step in our continued growth and dedication to the local communities we serve. With these new...
The position with many estates is straightforward. Where an individual has drafted a Will and has named the people that he or she wants to administer the estate, as long as those people agree to undertake that duty, they would have responsibility. Those...
I recently watched the Martin Lewis Money Show Live, which aired on 11 March 2025, wondering what general ‘advice’ he would give to the nation about “death, divorce and dementia”. Largely, I thought his ‘advice’ was...
Family disputes over probate can be emotionally driven, and they often escalate due to long-standing conflicts or unresolved grievances. A family member’s death can amplify these issues and result in legal battles. When a loved one passes away, the...
To us lawyers who write Wills all the time, this seems a simple question, however, when we really think about how the process of writing a Will starts, a lot of thought needs to go into the answer! The first thing to do is some research, which has...
The Ministry of Justice (MOJ) recently announced that more than 10,000 applications to enter a caveat were made in 2023. This is an increase of 14% since 2022, and an increase of 43% since 2019. This highlights the growing number of inheritance disputes,...
Stamp Duty Land Tax (SDLT) is a tax applied on the purchase of property in England and Northern Ireland and so forms a part of the work we undertake as part of your purchase. SDLT is charged at different rates depending on the purchase price of a property. ...
When a person dies, there will also be a person who is responsible for their estate. This person may be an executor appointed through a Will or an administrator for the estate under the intestacy rules. Whether you are an executor or an administrator you...
This week we celebrate National Apprenticeship week at Brethertons. We have had many Apprentices join and develop with us over the years, including myself! We are proud of the investment we make in our Apprentices from starting out on their career journey to...
The task of getting a divorce can often be trying and emotional for all parties involved, especially when it comes to deciding what happens to the family home once the divorce has been finalised. The family home often has a lot of emotional and financial...
We are often asked by clients in an initial meeting what they will receive by way of settlement, and crucially what they are “entitled to”, within a divorce. Without a crystal ball, as Solicitors we do not know what assets are available for...
Ivy aged 6 Dear Santa, I hope that you don’t mind me writing to you, it’s just so you know that I am not in my usual house this Christmas. Something terrible has happened – my Mummy and Daddy told me that they don’t love each...
At Brethertons, we are delighted to announce that Mark North re-joins the firm from 1st November 2023 as Business Development Partner working alongside Debbie Phillips . Mark is well known and respected throughout the property management sector and the...
Family, Personal Injury and Real Estate Litigation Teams at Brethertons Receive Ranking in the Chambers UK Legal Guide 2024 Brethertons LLP is thrilled to have been named, yet again, as one of the top law firms in the practice areas of Family,...
Brethertons are delighted to announce that they have been shortlisted for Family Law Firm of the Year at the prestigious LexisNexis Family Law Awards . Brethertons have been shortlisted as Family Law Firm of the Year for Midlands, Wales and the South. ...
Going through a divorce often proves to be an emotionally exhausting experience, especially when finances are concerned. One of the first questions that any individual considering a divorce will often ask is “If I get a divorce what am I financially...
Going through a divorce is nearly always a stressful experience, and there are many factors that need to be taken into consideration as a part of the process. One of the most important is how your assets will be split between you and your ex-spouse once the...
The claims that we deal with tend to have a lump sum equivalent value of hundreds of thousands (and more commonly millions) of pounds. That is what a life changing injury may well equate to when the lost earnings, care, equipment, therapies, and...
Brethertons LLP , a prominent legal services provider, is thrilled to announce its recognition as one of the leading law firms in the Oxford and Surrounds region for Private Wealth Law by the High Net Worth Guide 2023. The Chambers High Net Worth Guide is...
Brethertons are proud to announce Roger Hardwick, Partner in Residential Leasehold, has won the title of Solicitor of the Year at the ERMA Awards 2023. At a splendid event on 6 th July 2023 in London, the News on the Block ERMA Awards, Roger and our...
Divorce can be a complicated and emotionally charged time, especially in terms of dividing assets. Over time, it is likely that your assets have become entangled with your spouse’s, and at this stage, you may both have opposite ideas about what...
The Issue: From 6 October 2020, new rules came in that extend the number of trusts that now need to be registered with HMRC’s Trust Registration Service (TRS). Trusts that had not traditionally needed to be registered because there was no tax to pay,...
The Pension Advisory Group (PAG) is an interdisciplinary group of judges, solicitors, barristers, legal academics, independent financial advisors, and actuaries. The group was set up in June 2017. The main objective was to provide a guide to practitioners,...
Linda Jones embodies the closely held values of Brethertons Solicitors. She has dedicated 35 years of her career to the firm, working her way through several roles from Trainee Legal Executive to Equity Partner and member of the Executive Committee....
At Brethertons we have a team of lawyers who are experienced in a variety of languages and cultures. Our own Layan Sarhan, Legal Assistant in our Children & Domestic Abuse team, has written this blog discussing Nikah Marriages in the UK. ...
In the last ten years or so my specialist team and I have secured around one hundred million pounds (£100,000,000) of compensation for clients who have suffered spinal cord or other life changing injuries. That sum is a lump sum equivalent value. A...
Unfortunately it can take a significant amount of time from deciding to separate to receiving your decree absolute/final order. During this time you are still considered to be married – this can be beneficial in terms of things like pension rights if...
Power & Kyson v Shah [2023] EWCA Civ 239 In early March, the Court of Appeal handed down their decision in the case of Power & Kyson v Shah [2023] EWCA Civ 239. This is one of a handful of cases concerning the Party Wall Act 1996 (“the...
There recently has been a case in which a Judge has given some very interesting guidance on a right of way dispute between neighbours. If your neighbour is restricting your right of way or even obstructing access completely, we would be happy to advise you...
What is the Renters' Reform Bill? You may recall that the Renters' Reform Bill was mentioned back in the Queen’s speech in May 2022, when it was announced that ‘no fault evictions’ would be abolished. Later in June 2022, the...
When going through a divorce, your pension might be one of the most valuable assets you need to consider when dealing with your, and your spouse’s, finances. The first step to take is to obtain up-to-date CETVs (Cash Equivalent Transfer Value) for all...
Brethertons solicitors are delighted to announce the promotion of a number of our great lawyers; including three Fixed Share Partners, three Partners, four Senior Associates, three Associates, and an Executive Lawyer. Our policy to promote from within our...
'It is all about perception’ is a truism that stands the test of time. And people’s perceptions can take a long time to change. The perception that there is a compensation culture perpetuated by no win no fee lawyers still seems to persist at...
Selling your home “How long will it take to sell my house ?” is probably the question we are asked most as conveyancing solicitors. So how long does it take? If you like watching soaps, you may be under the impression...
Congratulations, you have found your dream home and had your offer accepted! What do you need to do next? 1. You need to choose a solicitor There are many conveyancing firms out there, I would advise to phone for a quote rather than looking at online...
Suffering the loss of a loved one is a difficult time on its own, without the added stress of knowing what to do with their house. If you find yourself in this unfortunate situation, here is a short guide on where to start with the process. In the...
How much does it cost to issue my life changing injuries case in Court? In life changing injury cases, clients are often surprised to learn how much it costs simply to commence (that is ‘issue’) legal proceedings so that a Judge can eventually...
International Women's Day (IWD) is an annual global event which celebrates the social, economic, cultural and political achievements of women. The day also marks a call to action for accelerating gender parity. Significant activity is recognised...
A C67 is an application form used to initiate proceedings for the return of a child to a certain Country under the Hague Convention 1980. The International Child Abduction and Contact Unit (ICACU) is a government organisation that helps the Applicant parent...
Please Sir, Can I Have Some More? Oliver Case overturned by Supreme Court in Aviva Investors Ground rent GP Ltd and another v Williams and others [2023] UKSC 6… Given the rarity of Supreme Court decisions that radically alter the legal...
You may have seen the recent £200,000 legal battle that saw a dream home become a nightmare when Japanese Knotweed was discovered growing behind the garden shed. Mr Downing had purchased the south-west London home in 2018 for £700,000 with plans...
Counselling, and emotional support, can take many forms and be beneficial in a variety of contexts. Some people might believe that you only need to engage in therapy if there is something “wrong” with you, but this isn’t the case. Some...
I have recently read a STEP article about marriage revoking Wills ( I'm getting re-married, will my children still inherit? STEP Advising Families ), and it got me thinking about other weird and wonderful laws that might impact your future plans in ways...
Where a person suffers a spinal cord injury it will have a lifelong impact. As specialist solicitors our role is to try to secure as much compensation as might be possible to recover commensurate with what the law will recognise as compensable loss. Take...
A Child Arrangements Order is an order that determines with whom a child is to live, and/or spend time with. Child Arrangements Orders are regulated by Section 8 of the Children Act 1989. The child’s mother, father or anyone with parental...
The rules surrounding the exercise of parental responsibility of children at school can often seem complex and confusing. As a parent your child’s education is one of the most important decisions you can make, but due to the importance of this...
One of the frustrations of being a specialist spinal cord injuries solicitor is that there are some people you can help quickly, where pressure ulcers shouldn’t be an issue. That will typically be the situation in cases where liability is clear and...
Family Court proceedings can be daunting, whether you are the Applicant or Respondent, especially if you are a victim of Domestic Abuse. If you are a party to Family Court proceedings, and you are a victim of domestic abuse perpetrated by the other party,...
Brethertons Solicitors invite you to participate in, and benefit from, the support we give to Katharine House Hospice Make a Will Fortnight (3 to 14 October 2022). Please contact any one of our three offices in Banbury, Bicester or Rugby to...
The spinal cord injuries community is relatively small, yet the issues that patients - and those helping patients - with spinal cord injuries must navigate can often seem so extensive as to be overwhelming and beyond comprehension. As specialist solicitors...
It could well be that there is more than the one connection between Liz Truss and spinal cord injuries litigation, but as the country adjusts to a new prime minister – its 56 th and the Queen’s 15 th - the ‘connection between Liz Truss...
An introduction from Victoria Lea-Holton and Shivani Daudia on how we can help with Landlord Clients and Problematic Tenants. "We wanted to make you aware of some of our legal service that may be of interest as we understand that you offer...
Compensation is the best a civilised society can do to deliver a measure of justice to persons injured through the negligence of another. But no amount of money can ever turn back the clock. Does compensation make a difference after spinal cord injury and if...
The court process for many is lengthy, stressful, and highly emotional. Many individuals believe that court room is the only solution. However, mediation can be a suitable alternative where parties want to avoid the emotional roller coaster of court. ...
Around the same time as the conversation with the neurosurgeon described below, someone suggested I should write a blog about the ‘principle(s) of compensation’. Not so long ago, I was in what was genuinely a light-hearted conversation with a...
The Depp versus Heard case has attracted much interest from both the media and the general public. I know my daughters have both been following it all very closely and have been quite shocked at some of the narrative around the couple’s behaviour. I...
X v Z (Parental Order Adult) [2022] EWFC 26 A recent Family Court ruling granting a UK couple a Parental Order concerning their adult child born by surrogate in the United States in 1998 has highlighted the fact that UK surrogacy law remains desperately...
I have recently finished watching BBC drama ‘The Split’, which always makes interesting viewing for lawyers. Despite the scarily frequent professional conduct breaches obvious to the trained eye, it has raised some thought provoking...
By the time a person comes to speak to a solicitor about making a compensation claim following spinal cord injury they will already have been assisted by a range of clinicians, therapists and others in the medical setting, but there are also likely to be a...
One of the fundamental principles of English law is that a person is free to draw up a Will that sets out how they wish to distribute their property. How and to whom that distribution is made is their choice alone and should be free from the interference of...
We are delighted to be highlighting our expert lawyers in a new feature 'In The Spotlight' where you can get to know our individuals and the important work they carry out each day. This week we are excited to be highlighting Dawn Millar -...
The Brethertons spinal cord injuries team are asked all sorts of questions by clients and prospective clients, but typically at the outset of a new case those questions coalesce around four main ones. Those are: Have a I got a case? Is it worth pursuing? ...
Not so many years ago a client approached us concerned that their then solicitor was advising them to settle their claim for a lump sum they thought was not enough. The long story cut short is we settled the claim for 44 times the amount the previous...
Technology is a wonderful thing. During the Covid-19 pandemic, it enabled millions of workers to do their jobs from home, allowing them to stay safe whilst playing their part in keeping the organisation they work for operating. Two years on from the first...
Whilst February 14 th is memorable and amorous for some, Valentine's Day 2022 was a lesson in “loving thy neighbour” for the parties involved in Prime London Holdings 11 Limited v Thurloe Lodge Limited [2022] EWHC 303 (Ch) as the first...
The recent case of SS v MCP [2021] EWHC 2898 (Fam) illustrates the complexity of returning a child who has, according to one parent, been abducted by the other parent to reside in India. Furthermore, it provides an excellent discussion of parens patriae...
The new divorce legislation which is coming into force from 6 th April 2022 means that couples will be able to obtain a divorce without one party having to apportion blame on the other. At present, one party can ‘blame’ the other, citing...
Statistically, the average human has fewer than four limbs. What does that mean, what does it tell us about humans, and what does it tell us about statistics? What follows is intended as no more than a tour through statistics that catch the eye in the work...
For those entrusted with what can often be a daunting task of administering the estate of a deceased loved one, there can be many hurdles to overcome. A common query from individuals in this position, is whether or not they need probate. What is probate? ...
International Women's Day (IWD) on 8th March 2022 celebrates the social, economic, cultural, and political achievements of women and also continues to campaign for gender parity. At Brethertons we are proud of the steps we take to ensure opportunities...
If you have suffered a spinal cord injury – indeed any life changing injury – the chances are that if you have a claim for compensation, it will involve a substantial sum of money. We have represented clients where their spinal cord injury was...
An Occupation Order is an Order that a Court can make, under Section 33 of the Family Law Act 1996, to determine who can remain living in a property, or defining who can enter certain parts of the home, if parties are unable to agree. This is often applied...
National Apprenticeship week this year runs from 7 th – 11 th February 2021 and it aims to shine a light on the work being done by both employers and Apprentices themselves across the country. Over the past year, our four Apprentices have been...
Many clients, when divorcing, assume that when the Decree Absolute is granted, that it brings an end to not only the marriage but also to any financial claims that each spouse has against the other. This is not the case. Only a clean break can end the...
Landmark RTM Decision on the Extent to Which RTM Applies to External Communal Areas The right to manage was always going to be a difficult concept to translate into legislation. There are few, if any, statutory rights quite like it. Unlike its...
Recently, Brethertons’ award-winning Family team supported those in need this Christmas, by running a shoebox appeal across their offices to donate items to Refuge – a charity that supports women and children suffering from domestic violence. ...
Introduction Sir Andrew McFarlane, the President of the Family Division issued a memorandum setting out the correct approach that should be taken when draft orders in the Family Court. This is available on the Judiciary.uk website. Standard Orders ...
Beneficiaries often ask how long it will take to receive their inheritance. The short answer is that “it depends”. Every estate is as unique as the person who owned the assets. If the person rented their home and only had one bank account,...
Brethertons are so proud of our Senior Associate in Residential Leasehold and Enfranchisement, Dani Green, for winning the title of Young Professional of the Year. We are also delighted to be highly commended for Legal Services Provider of the Year...
Stranded spouses is the term used when a family travels abroad on holiday and one spouse is intentionally left behind either with or without the child(ren). One spouse deliberately removes the other spouse's and/or the child(ren)’s passport and...
Following the successful Employment Tribunal case of Rose Taylor –v- Jaguar Land Rover Ltd (Case No 1304471/2018) in September 2020, Jaguar Land Rover have signed an agreement with the Equality and Human Rights Commission (EHRC) to improve its policies...
We were pleased to visit SMSR – Stoke Mandeville Spinal Research - at the National Spinal Injuries Centre this week where we met with Charlotte Minoprio and Derek Cutler as their new fundraising year begins. Brethertons has a long tradition of...
On the 10th December 2020, Brethertons new offices on 19 South Bar Street, Banbury were officially opened by Banbury Town Mayor, John Colgrave and Brethertons’ CEO, Alison McCormack . Brethertons vacated their Waterperry Court site in 2020 and are now...
Brethertons LLP are thrilled to have been named, yet again, as one of the top law firms in the practice areas of Family , Personal Injury and Real Estate Litigation by the leading industry publication, Chambers and Partners UK Guide 2022. The...
Imagine the following situation. Your mother and father divorced and some years later your father remarries a woman who has two children from her first marriage. You all get on well, celebrating Christmas and other holidays together. Suddenly, your father,...
We are once again supporting the Katharine House Hospice Make a Will Fortnight from 4 -15 October 2021 across all three of our offices in Banbury, Bicester and Rugby. It is a great opportunity to provide vital support to a local hospice, and at the...
Brethertons are proud to announce that we have again been recommended in eleven practice areas in The Legal 500 UK 2022, along with four of our top lawyers receiving individual rankings. Each of our teams that we put forward for ranking have been recommended...
As Covid-19 travel restrictions have started to ease, many people and families have once again started to consider the possibility of international holidays rather than staycations. Aside from the current Covid-19 worries and practicalities still...
Solicitors from the Brethertons spinal cord injuries team attended the European Neuro Convention 21 which was run within Naidex 2021 at the NEC (see our companion blog covering the wider Naidex event ). With two of our team about to abseil the...
The topic of vaccinating young children has been in wide discussion for parents, the Government, and chief medical officers. Recently the Government has accepted the recommendation from the UK’s medical officers that children between the ages of 12 to...
This month, Brethertons is proud to announce that it has achieved certification from Cyber Essentials Plus proving its dedication to cyber security and protection from cyber attacks. Cyber Essentials is an official UK Government backed scheme that...
According to research undertaken by Alzheimer’s Research UK, the number of people with dementia is projected to increase rapidly. It is predicted one million people in the UK will have dementia by 2025 and this will increase to two million by 2050*. It...
If you have been the victim of domestic abuse, you can apply for a ‘Non-Molestation Order’. This is an injunction in the form of a Court Order that protects you or your child from being harmed or threatened by the person who has abused you. ...
In 2017, the issue of ground rent being charged on new build properties caught the media’s attention. The cases involved some developers securing contracts with leaseholders that saw the initial ground rent of £200-£400 charged on their new...
The government has issued modified 'Working safely during coronavirus (COVID 19)' guidance (the ‘guidance’) to cover safe working practices following the move to Step 4 of its roadmap that took place on 19 July. Here I will look at...
This is a common question will drafters get asked, and the answer is, if you want to decide who inherits your estate on your death, then yes, is does matter. If you pass away without making a valid Will, your estate will be dealt with under the Intestacy...
Legal Aid is a government funded scheme that helps individuals who are on low income access legal advice/representation. Once granted, a legal aid certificate will cover legal costs including Solicitor fees, counsel’s fees and disbursements such as...