Fletchers Group bolsters Private Client and Court of Protection team with new director appointment

Kate Edwards, who is recognised as one of the country’s leading experts in Court of Protection (CoP) matters has joined the firm to lead and expand our offering in response to the growing demand for private client services. She was previously a partner with Simpson Millar.

Kate’s work involves overseeing the property and financial affairs, and personal welfare of clients who lack mental capacity through injury or illness. She has a wealth of expertise in professional deputyship, including complex cases involving high value litigation, cross border disputes and welfare issues. Her work also covers standalone applications for statutory wills, gifts, inheritance tax, gratuitous care payments and other related matters.

Commenting on her new role, Kate says: “It’s great to be joining Fletchers Group at such a pivotal time; the speed at which the business has grown over the past two years is remarkable and I’m looking forward to contributing significantly to this in the future through a combination of organic and inorganic growth.

“I have inherited an excellent pipeline of work, as well as a strong team of dedicated and enthusiastic people, and I’m looking forward to building on this success and helping more people who need our specialist support.”

Fletchers Group Chief Legal Officer, Adrian Denson says: “I am thrilled to welcome Kate to the Group. She is a high calibre individual with an impressive track record and it’s testament to our growing reputation that we’ve attracted her to the business. She will play a vital role in expanding our private client offering, accelerating growth in this key area and providing our clients with more choice.”

Prior to Fletchers and Simpson Millar, Kate worked in senior roles at Wrigleys, Slater and Gordon, Pannone and Gorvins. In 2020, she was invited by Mr Justice Hayden to join the ‘Hive Committee’ – a small group of key individuals who could consult rapidly on the issues affecting the working of the CoP during the pandemic – at the start of the Covid-crisis. She also founded the Court of Protection Practitioner’s Association (CoPPA) in 2012 and continues to sit on the national executive committee.

Launch of Fletchers Group Responsible Business Report

We are excited to share the first edition of our Responsible Business Report, which summarises our strategy and highlights all the actions taken to positively impact our people, communities and the wider environment.

Fletchers Group takes pride in our reputation as a trusted and respected law firm and conducting our business in a responsible manner with a focus on the long-term value for business and society are key pillars of our ethos.

Our aspiration, in line with our core values, is to be recognised as a leading responsible business in the legal sector.

For us, this means having a clear and ambitious strategy to shape our future that addresses the environmental, social and governance (ESG) issues which are material to our business and stakeholders supported by a strong culture that helps colleagues make the right choices.

Our strategy brings together our community work (Community), environmental agenda (Environment), and diversity targets (Our People)  driven by ambitious targets we are confident we can achieve.

Here are some of our highlights from 2022:

Fletchers Group has been supporting those with life-changing injuries for more than 30 years, providing the tools and assistance they need to move forward and thrive in the most successful way possible.

Through our responsible business programme, that objective is magnified; we are committed to breaking down barriers, improving accessibility, providing opportunities, nurturing diverse communities, and doing our bit to support a healthy planet.

During 2023, we have accelerated the delivery of our programme with some key highlights including:

  • The launch of our independent charitable arm, Fletchers Foundation
  • A full audit of our business through the lens of diversity and inclusion
  • Further support of numerous charities across the communities we operate in

We’re also strengthening our commitment to being a responsible business by renewing our membership with Business In the Community, utilising this partnership to ensure we’re matching industry best practice.

Read our full report here.

How to make Ramadan easier for your fellow employees

Patience and understanding are two very important virtues that people focus on during Ramadan. Here are some suggestions that will make a huge difference to your fellow colleagues and employees. Although you may not be able to accommodate all requests, here are some tips that could help their month of Ramadan be easier. Note that everyone is different and what works for one person may not fit for another.

 

Be patient

Fasting can be a difficult and straining act and it is important to understand that work may be affected. Muslims wake up before sunrise to eat Suhoor and pray Fajr, one of the 5 prayers. This can cause an individual to be lethargic and have a dip in productivity. Perhaps allow extra time and extend deadlines for an employee to complete a task.

Encourage your employee to take breaks when needed. You may find it easier for them to take regular 10-minute breaks rather than a full hour for lunch. This is because they will not need to eat and instead want to use that time to complete the other prayers that are spread out through the day.

 

Be sensitive

It is important to note that some Muslims are exempt from fasting. This can range from children and the elderly to more personal reasons including medical illness, pregnancy/breastfeeding and menstruation. If a Muslim is not fasting, abstain from asking them the reason why unless you have a close relationship with them, and they feel comfortable with sharing that information.

 

Manage holidays

As previously discussed, to mark the end of Ramadan there is a 3-day religious festival. This is a time for families to get together and enjoy the festivities. Discuss this with your employees and ask them if there is any time they may want to take off during this time. Understand that this is a very important celebration for Muslims.

 

Be flexible 

As stated, Muslims wake up exceptionally early to consume their morning meal before fasting. Some may also wish to take part in additional acts of worship during this time, essentially making them nocturnal. Arrange different working hours for your employee. Some may find it beneficial to start earlier and leave earlier or start later and leave later.

With the current climate, daily MS teams calls may be overwhelming for some and these may need to be scheduled for later in the day. If you are unable to rearrange these meetings, it may also be helpful to send them an email with any important updates.

 

Be kind

Ultimately remember that this is a very trying time for those fasting. A little courtesy and consideration can go along way. If you notice a colleague struggling reach out, if you are curious about an aspect of the religion do your research or delicately ask questions if they feel comfortable.

People Spotlight: Meet our Head of EL/PL, Vicky Marsden

Our experienced EL/PL team is expanding at pace and we currently have 28 members across our offices in the North West. Here, we meet Vicky Marsden who heads our EL/PL team. Vicky has worked in the personal injury sector for over 16 years, specialising in employers and public liability cases of multi-track value and technical liability disputes.

 

How long have you been a solicitor for?

I qualified as a solicitor in 2012 but have worked in law firms since 2006. I started as an assistant and eventually completed my training contract at the same firm. I was trained by some extremely skilled lawyers and whilst over the years I have developed my own style, that training is something which I still rely on today.

 

Why did you decide to pursue a career in law?

Everyone wants to do their own little bit to save the world and so when I was still in high school, I decided that I wanted to be involved in law. I thought it would be a way for me to make a difference.

 

When did you start your role with Fletchers?

I started at Fletchers in April 2022 as a Serious Injury Lawyer. I joined just three weeks before I got married – as if planning a wedding wasn’t stressful enough, I decided to start a new job too! In June, an opportunity arose for me to work with the newly established Employers and Public Liability Team and thankfully, I decided to take it.

 

Tell us about your role

In my role as Head of Employers and Public Liability, I get to work with a great team of people with varied experience. Our team is expanding very quickly due to the amount of top-quality work which we are receiving. We are currently in the process of recruiting for our second Manchester team and also looking to find talented, like-mind people to join our new Liverpool office.

 

Tell us about your experience with the Fletchers Group

Fletchers is such a welcoming firm. From my very first day, I felt like I was a member of the team and at no point did I feel like the ‘new person’. There are so many knowledgeable people around, there is always someone to ask for guidance or a second opinion.

The firm is also a great promoter of personal development, and they do all that they can to support us in any way they can. Since joining Fletchers, I have felt appreciated and that I am listened to. I have been lucky enough to be promoted to Associate and a Head of Department in a short space of time. Fletchers acknowledges hard work and determination, it really is a wonderful place to work.

 

What do you find most satisfying about your role?

I have a case load of my own meaning that I am still able to do what I love by supporting my clients in their hour of need. However, now that I am in a leadership role, I am also able to play a part in developing other team members. Watching someone else grow and embark on their own professional journey is one of the most rewarding things I have experienced in my career.

 

What do you like to do in your spare time?

Most of my time is spent going to the theatre, restaurants and travelling with my wonderful husband. I love an adventure and so I am always on the lookout for new things to do. I enjoy wine tastings and listening to 90s indie music, not necessarily at the same time! I have a little dog called Harry who is addicted to cheese and refuses to go out in the rain.

A lump sum just right for injured Goldilocks

By Adrian Denson, Chief Legal Officer, Fletchers Group

With the next Discount Rate (used to determine lump sum damage awards to claimants who suffer a serious personal injury) review due to complete in 2024, Fletchers Group chief legal officer Adrian Denson sets the scene for what is expected to be a fierce debate between claimant and defendant interests.

The Civil Liability Act 2018 stipulated a review of the Personal Injury Discount Rate (DR). Following that review, the DR for calculating lump sum personal injury losses was raised on 5 August 2019 from -0.75% to -0.25%. The previous rate had been set by Liz Truss when she was Lord Chancellor, to the enormous chagrin of insurers and other compensators, and the new rate did little if anything to appease them.

As part of the review, the Government Actuary produced a written Advice for then Lord Chancellor, David Gauke, in June 2019. While the Actuary recommended a single DR rate should be maintained on that occasion (due to time constraints), it suggested that in future a dual DR should be considered in order to see claimants compensated more accurately (in line with the established principle of full compensation, neither too much nor too little).

The Civil Liability Act 2018 also provided for the DR to be reviewed at least every 5 years, so a review was expected sometime soon, with any new rate to be introduced by August 2024 at the latest. That process began on 17 January 2023 when the Government announced its ‘Open Consultation – Personal Injury Discount Rate: Exploring the option of a dual/multiple rate.’

Clearly the Actuary’s Advice from 2019 has been heeded. The consultation considers the experiences of other jurisdictions (Ontario, Hong Kong, Ireland and Jersey) and asks whether a dual or blended rate is more likely to lead to claimants receiving full compensation by allowing for expected future investment returns (normally assumed to be lower in the short-term but much higher in the long-term).

With a dual or multiple DR, I can see real benefits. When it comes to lump sum settlements (whether in full settlement of all heads of loss or as part of a PPO settlement) there is only ever one certainty: the lump sum will either be too much, or too little, and only time will tell which. If a dual or blended DR reduces uncertainty by getting much closer to full compensation, then I am all for it.

However, I have wider concerns about any changes to the DR. Whether we have a single rate or dual rates, seriously injured claimants must be able to afford what their compensation is meant to fund, from rent to rehabilitation, case management to care, home adaptations to aids and equipment. And for that to happen, they must know that their damages will be enough and will last.

Given performance of investments over the past five years, there is grave doubt whether the current DR of -0.25% is set at the right level to protect investments and ensure that they grow at least in line with inflation and the real cost of everything that claimants must be able to afford.

Short term investments are generally lower and certainly higher risk than long term ones (hence the suggestion of a dual rate) but given the current economic conditions and long term uncertainty, can we have any confidence in investments over, say,  the next 10-20 years?

The answer is surely no. In which case, with a current DR that is not protecting invested damages and with perhaps unprecedented uncertainty in the markets, my primary concern is to ensure that any new DR (whether a single rate or dual rate) is set appropriately.

Claimants must not be put in the situation where their damages calculations are too low due to a DR that does not reflect economic reality.

Compensators argue that it’s a fallacy that claimants choose to invest their damages in a way that guarantees them losing money. However, the markets over the last five years have been extremely volatile and the truth is that claimant investments have fallen significantly in real terms.

Those seeking  a higher DR  will cite higher interest rates, signs of market normality returning and so on. But there is no sign of normal economic behaviour returning; indeed during my entire career there has never been a more uncertain time for a claimant to be investing their damages.

Forensic analysis by the financial experts will be crucial, but I’m convinced that  that any new rates coming out of the next review, whether single or dual,  should be reduced from the current rate -0.25% in order to shelter claimants from the current economic crisis and long term uncertainty.

International Women’s Day Q&A with Alex Lynch, CFO

On International Women’s Day, our CFO Alex Lynch speaks to us about what this day means to hear, her experience as a female CFO within Fletchers Group and how she has navigated the world as a woman.

 

What does International Women’s Day mean to you? And why do you feel that it is important to recognise the day?

International Women’s Day is an opportunity for us to recognise and celebrate the incredible achievements of women, gives us a chance to reflect on how far we have come but most importantly to consider how much further we have to travel to gain true gender parity. It gives us all a chance, men and women, to come together with one unified voice to address the current challenges we face and give our daughters the opportunity to fulfil their potential.

 

What makes you proud to be a woman working at Fletchers Group?

Fletchers has come a long way since I started back in 2016 when at the time there were no women on the Board and just myself and Georgia Briscoe at the Director level.

It’s great to work for a CEO who embraces equity and appreciates what women bring to the top table. Since the arrival of Peter Haden, we have added Zoe Holland on to the Executive Leadership Team, promoted Caroline Morris to head up our Personal Injury and Serious Injury Unit and brought in Charlene Mann to lead on our strategic transformation. All three of them have made a massive difference to the business already and I’m excited to see them continue to develop in their roles.

Although we have come a long way, there is so much more we can do and with the support of Peter we will continue to push this agenda.

 

What’s your biggest achievement?

My biggest professional achievement is completing my MBA which started in January 2021. Not only was it a challenge to put my academic hat back on (my previous brush with academia had been over a decade prior when completing my final accountancy exam) but this coincided with the commencement of financial due diligence as part of the Sun European Partners transaction which meant a pretty intense workload (shout out to Kayleigh Harrison who I would have been lost without…they were dark times ????).

However, another pretty big distraction was home schooling! If we can cast our minds back, we entered lockdown three (I think) in January 2021, so I had to add home schooling my then eight-year old son, Rafferty….every day for what seemed like forever. I’m not going to lie….a few ‘F bombs’ were dropped during that period, but we got through it and after two years of 5am starts, late evening Teams calls and a few tears from Rafferty who used to say “I hate your MBA”, I handed in my dissertation!

 

What advice do you have for women starting out in business careers?

Work hard, knock down doors and never take no for an answer. Be proud of your femininity – we do not need to be masculine to succeed. Never lose who you are.

People Spotlight Meet our Nurse Analyst, Mollie Cahill

At Fletchers, we have a rapidly growing team of nurses from a variety of specialised backgrounds whose role it is to review medical records and make decisions based on breach of duty and causation.

Here, we meet Mollie Cahill, a Nurse Analyst with over seven years nursing experience who joined the team last year and is enjoying the variety, scope and challenge the role presents.

 How long have you been a nurse for?

I have been a nurse for seven years. After qualifying in 2016, I started working on a cardiology ward, before moving to the Cardiac Catheter Suite at University Hospitals Coventry and Warwickshire.

Why did you decide to pursue a career in nursing?

I grew up in a family of nurses, with my grandmother owning a residential care home and my older sister as a paediatric nurse. I often visited the care home and its residents, spending time with them and enjoying helping with the evening tea round and any events/activities they had. I eventually started working there once I was able, and this helped me realise my passion for caring for others. Once I qualified as a registered nurse, I found a passion for all things cardiac, providing life-saving treatment and improving the quality of life for patients living with cardiac disease.

When did you start your role with Fletchers?

I started with Fletchers as a Nurse Analyst in April 2022 after being approached by a member of the HR team who asked if I had ever considered this type of role. After doing some of my own research, I was really impressed with what the role entailed and was keen to pursue this new way of helping people.

Tell us about the role of a Nurse Analyst

A Nurse Analyst role is different to a traditional nursing role as it is focuses on analysing vital medical data and requirements in medical negligence cases. It plays a crucial part in providing people with the support they need by ensuring every case is reviewed with an honest, balanced opinion based on evidence and experience. As every case is different, no day is the same and knowing that by providing an opinion, whether positive or negative, provides the support a client needs to move forward is really rewarding.

Tell us about your experience with the Fletchers Group

I work remotely and felt fully supported by colleagues and friends from the minute I accepted the role. From day one, I regularly received a call to check-in and offer support – something so valuable when transitioning to home working. I underwent a thorough induction process, which involved learning the medicolegal process and understanding how cases progress, and I felt fully supported through this training. The training process was tailored to me and once completed, I felt ready and prepared to start my own cases. Although a little daunting at first, I realised you always have a team close at hand to help or advise me whenever I need it – it really does feel like I’m part of one big work-family. I have already learnt so much and look forward to continuing to develop new skills and progress in my career.

What do you find most fulfilling about your role?

One thing that has stood out for me, both before I applied and since starting the role, is how much Fletchers care for their clients; every member of the team is so passionate about securing the best possible outcomes for their cases. There are some really harrowing stories and I take pride in being able to be help people and be a part of making a positive impact on their lives.

What do you like to do in your spare time?

In my spare time I enjoy hiking and outdoor swimming. I love travelling and film photography, often exploring new places each weekend with my partner, and sharing pictures of the views with the MLPS team on a Monday morning.

Do you have any role models and why?

Sir David Attenborough is probably my biggest role model. His pioneering work in film and television sharing glimpses into the natural world was a favourite of mine from a young age. As time has passed, his work with conservation and tackling environmental issues resonates strongly with me. He is an honest and understanding individual, who, by sharing and showcasing the natural world, hopes to inspire us to preserve it and commit to positive action, and this style of positive leadership inspires me on both a professional and a personal level.

Our first acquisition – established cycle brand Cycle SOS

We are excited to announce the acquisition of Cycle SOS, the leading brand for cyclists in need of support from a personal injury solicitor.

The deal with Smith Jones, a Burnley based law practice, sees us take on the Cycle SOS brand and the firm’s entire Personal Injury book. We also welcome the Cycle SOS legal team, including Cycle SOS founder and specialist lawyer Paul Darlington, who will join Fletchers’ dedicated cycling practice.

We have been fighting on behalf of vulnerable road users for over 30 years and have represented tens of thousands of two-wheel clients, making the acquisition of Cycle SOS a strong fit with our experience. We also have considerable experience of direct-to-consumer marketing through our medical negligence brand, Patient Claim Line, and we will use this in combination with additional marketing investment to grow Cycle SOS in the coming years.

This is our first acquisition since we were bought by private equity firm, Sun Capital, in October last year. At that time, we highlighted our plans to grow both organically and by pursuing acquisitions across our Personal Injury and Medical Negligence practices.

A powerful team of specialist lawyers

Peter Haden, CEO, said: “We are delighted to be acquiring Cycle SOS and are excited to welcome Paul and his colleagues as they join our team.

“Cycle SOS is a brilliant fit for Fletchers given our long heritage championing the rights of vulnerable road users and representing clients who have been injured on the road. It’s a good example of the type of the acquisitions we’re keen to make, as it brings additional capability, a valuable set of assets, and a new route to market. It’s also a great business in its own right, and we’re very grateful to the team at Smith Jones who have invested in the brand over many years.”

Paul Smith, owner of Smith Jones, said: “This is a fantastic opportunity to take the cycle project to the next level. Historically we have always punched above our weight, thanks to the commitment of the Cycle Claims Team, so we will be now able to enhance the service to our existing and future clients through access to Fletchers’ formidable human and technical resources.”

£13.2million compensation achieved 1 week before Trial after 10-year legal battle

The Incident

On 14 July 2022, a now 42-year-old male, was awarded the total sum of £13.2million in compensation, after a High Court Judge in the Royal Courts of Justice approved the terms of settlement negotiated on his behalf.

At the time of the negligence, he was 31 years old, generally fit and well. He underwent successful surgery to remove a benign brain tumour. Three weeks later he developed a cerebrospinal fluid leak from a small head wound along with a fever. He attended A&E in March 2012, where, after a brief assessment by a junior doctor, he was negligently discharged home instead of being admitted to the hospital ward for observations.

He returned to A&E again 2 days later after his condition had deteriorated and he was subsequently diagnosed with meningitis, requiring immediate admission to the Intensive Care Unit. After this, he remained in Hospital and a rehabilitation unit for 7 months.

The Hospital admitted breaching their duty of care for failing to admit the man as an in-patient for ongoing observations and discharged him when it was inappropriate to do so. However, liability for the cause of his meningitis was denied and the Hospital Trust alleged that the infection would have developed in any event and therefore contended that there was no loss sustained.

The man suffered devastating injuries including a significant brain injury, neurological and neuropsychological dysfunction, and a spinal cord injury, this will eventually cause him to become a permanent wheelchair user.

 

The Case

Senior solicitor, Iain Dodd, and the legal team at the Fletchers Group acted on behalf of the man throughout the 10-year legal action. The first Queen’s Counsel instructed in the case became a High Court Judge. Afterwards, Gerard McDermott QC of King’s Chambers was instructed as Leading Counsel. When the case was 8 weeks away from Trial in 2022, Jasmine Chan of Kings chambers, was instructed as junior Counsel.

The man, who must remain anonymous due to a court order, suffered catastrophic injuries because of medical negligence arising out of a NHS Hospital in the North-East of England. They failed to properly care for and manage, his post-operative head wound. Tragically, he developed meningitis from the inadequate care with devasting results.

In pursuing the claim, Fletchers fought vigorously to establish that the meningitis was likely to have been caused by the failures of the Hospital. It was alleged that if the man had been admitted to Hospital when he first attended A&E. A CT or MRI scan and blood tests would have been performed along with continuing clinical observations. This would have alerted the doctors to the developing infection and intravenous antibiotics would have been commenced the day after his admission to Hospital. This would have avoided the development of meningitis, which was the underlying cause of his severe brain injury and spinal cord injury.

As the Hospital Trust denied that earlier intervention would have avoided the meningitis, High Court proceedings were commenced by Fletchers in 2016. After 2 years of hard-fought litigation, in 2018, just 3 weeks before the beginning of a 5-day Trial to determine liability, the legal teams reached an agreement on liability. The legal agreement enabled the man to recover 77.5% of the total compensation award for his brain and spinal cord injuries.

Over the next 4 years, interim payments of more than £1.5million were obtained by Fletchers for the man. This enabled him to purchase a large bungalow, have intensive therapies, a suitable motor vehicle, and full-time day and night professional care.

Continued efforts by Fletchers were made to encourage settlement of the claim. Unfortunately, 3 planned ‘settlement meetings’ were postponed by the lawyers acting on behalf of the Hospital Trust. In addition, the Hospital’s own independent expert evidence to purport their valuation of the claim was delayed by 5 months, which instigated Fletchers to take decisive action.

The medical experts instructed on behalf of the man summarised the case as being “extraordinarily complicated”. In all, more than 30 different independent experts were required to provide evidence in detailed reports for the court in the case due to its enormous complexity.

 

The Outcome

A High Court order was successfully achieved by Gerard McDermott QC and Iain Dodd, which ordered the Hospital to provide their evidence within 1 week or they would be ‘debarred’ or prohibited, from relying on their evidence. Following this, the legal teams finally attended a ‘settlement meeting’ at the 4th attempt but a deal was unable to be reached.

Gerard and Iain fought robustly in seeking to secure the maximum amount of compensation for the man and the final offer made by lawyers for the Hospital Trust at the meeting was more than £2.5million less than the amount that was eventually recovered 3 months later.

An agreement for compensation was reached by the legal teams just 1 week prior to a 10-day Trial. The sum of £13.2 million was approved by the High Court 1 week later. With the 77.5% liability agreement in place, the man will receive more than £10 million in compensation because of the Hospital Trust’s negligence. This award was split as a lump sum plus annual payments for the rest of his life.

The team at Fletchers was led by Iain Dodd; supported by Nina Taylor, Claire Lloyd-Durney and Chloe Mead. Iain stated “This was a monumentally challenging case that required a dedicated and massive effort by all those involved. Throughout the past decade, the man and his loving wife have been through so many difficulties, and it has been our privilege to represent such a wonderful couple. The team and I are thrilled with securing such a substantial compensation award which will enable the man to have the maximum comfort, security and fulfilling life options, despite his immense daily challenges. I wish to thank them for their fortitude and positivity. I am also very thankful to the many people engaged in this case for their fantastic support, collaboration and input. It has been a first-class team effort”.

The impact COVID-19 has had on treatment in Clinical Negligence Cases

By Rhian Oates, April 2022

Even before the COVID-19 pandemic hit the UK in March 2020, the waiting list for NHS treatment was far from short. Since then, there has been a massive increase on the wait time of patients receiving critical treatment, resulting in more undiagnosed cases and needless deaths.

Following each lockdown, the number of people waiting for treatment with the NHS grew substantially and continues to do so. 

The Growing of Backlog Care

The British Medical Association (BMA) estimates that between April 2020 and October 2021 there were 4.13 million fewer elective procedures and 28.62 million fewer outpatient attendances within the NHS.

The delay in services since March 2020 has not only affected those testing positive for COVID-19 needing medical care, but also for other patients who see no point in seeking out a crucial diagnosis or much-needed treatment because they fear they will never be seen or feel guilted into not burdening the NHS further.

Staff Shortages and Covid-19 as a Defense in Clinical Negligence Claims

We have seen retired and student doctors being asked to work due to the recognised staff shortages in the hospitals. The General Medical Counsel understand that different considerations will need to be applied when investigating complaints. The question is how different should those considerations be?

Whether the pandemic can be a recognised defense for the delay or omission of treatment has been an ongoing debate over the last 2 years. It is our role at Fletcher’s to ensure we argue that any life lost or prolonged suffering due to the pandemic delays in treatment receives the justice it deserves.

Though the courts may be reluctant to make findings against the NHS in the time of the pandemic, each case is assessed and considered based on its own merits, so it does not rule out a favorable opinion for the Claimant.

The Impact on Clinical Negligence Cases

There is a 3-year limitation period in personal injury and clinical negligence claims. This means that if the Claimant is an adult at the time of the negligence, they have 3 years to bring about the claim from either the date of the negligence, or the date of them finding out about the negligence. If the Claimant is a minor, the 3-year limitation period starts from their 18th birthday.

The impact of COVID-19 in hospitals not only interrupts treatment, but due to staff shortages it subsequently also means that administration tasks such as disclosure of records and corresponding with the hospitals is taking a lot longer than previous. This is putting more pressure on limitation periods and means that claimant’s must ensure they are able to provide their solicitors with enough time to investigate the claims.

If you think you have suffered as a result of substandard or delayed medical treatment, then we can help. Speak to us today for free legal advice on 0330 013 0251.

Fletchers Solicitors supports life-changing projects for a local community in Gambia

Fletchers Solicitors recently sponsored Bilal Qasim, Senior Solicitor at Fletchers as part of its CSR Fund to fly over to Gambia and work with Smile with Gambia (SWG) on local community projects.

Each quarter Fletchers supports and invests in local community projects on causes that are dear to our colleague’s hearts.

Bilal flew to Gambia for 2 weeks and was hands on with construction projects including building schools, an orphanage, mosques, wells, and playground areas.

The group of volunteers helped by hand packing monthly food packages, distributing to those in need, whilst developing local agricultural areas, ensuring sustainability for the area.

Bilal has dreamt of doing something like this for a while and got in touch with SWG as The Gambia is one of the least developed countries across the world with 48% of its population currently living in poverty. The work that they do on the ground provide help directly to those who require it most.

SWG is charity whose sole purpose of bringing smiles to those less fortunate in the ‘Smiling Coast of Africa’, The Gambia. They work on a strict 100% donation policy which means that every single penny donated, goes entirely to that cause and those who need it.

Bilal, who was the successful applicant to provide the donation from the CSR Fund said: “SWG is a charity which is very close to my heart. It’s founder, Hassan Ejaz is a very close friend of mine and thus I have been involved with the charity from the very start, even prior to it being formally registered as a charity in the UK. As a result, I can see first-hand the life changing work and efforts SWG provides to those less fortunate.”

Bilal continued: “SWG is a new charity but yet the impact of SWG’s work in Gambia is nothing short of amazing… The donation provided by Fletchers helps those who are less fortunate to benefit from the means above. Without donations such as the CSR funds, the impact and changes which can be made on people’s lives are significantly reduced.”

When asked about the CSR fund Bilal said it is “a great initiative which should continue to go on and expand further. They more we can all try to make a difference to those less fortunate than us, the better!”

Peter Haden, Fletchers’ CEO said: “We are pleased that a donation from our CSR fund is going to be used to provide life essentials to communities in The Gambia, who require them the most. We are committed to supporting local communities and our team members and it is brilliant to see that our fund will have such a big effect for a local community.”

Taking Pride in Our Language: An Ally’s Perspective

By Jessica Roberts

 

Introduction

Pride is a celebration of love and solidarity. It is a special opportunity to educate and promote how far LGBTQ+ rights have come; and how in some places, there’s still work to be done. Language exists not to confuse, but to clarify. It is used to foster an inclusive world, workplace, and safe space. By taking the time to understand the language within our community, we can create positive change bringing individuals closer together whilst creating deeper empathy for our peers. Over the years, language has been used to build a bridge between a lack of understanding, self-expression, freedom to choose and representation. We celebrate the significance of acronyms and what they have achieved on this 50th anniversary of pride!

 

LGBTQIA+ this is an acronym which increasingly grows as have the rights and freedoms acquired. The meaning of each of the letters tells the story of the movement itself and the different gender identities, gender expressions, and sexual orientations it encompasses that are outside of heterosexual/cisgender. If we break this down it looks like:

L – Lesbian: A woman who is attracted to women.

G – Gay: A man who is attracted to men.

B – Bisexual: A person who is attracted to both men and women.

T – Trans: The term encompasses gender identities that do not coincide with those assigned at birth.

I – Intersex: A person born with physical characteristics of both genders.

Q – Queer: People who do not want to identify under traditional or socially accepted labels.

+ – Other: People who do not identify with any of the other definitions.

What must we do?

To understand the importance of language within the LGBTQIA+ community, we must distinguish between gender identity and sexual orientation and accept they are not the same. Gender identity is a person’s sense of their own gender. Gender identity does not have to coincide with the sex a person was assigned at birth. Likewise, gender identity is not binary, thus it does not only encompass the concept of man or woman. Moreover, sexual orientation refers to the emotional, romantic and/or sexual attraction to other people.

Having a genuine appreciation for this language is essential to create diverse, equitable, and respectful personal and work environments. Fletchers have been committed to achieving an inclusive and diverse workplace! You may have seen the increase of pronouns used in our correspondence. This shows both our internal and external communities that we understand and promote the significance of language in creating an inclusive community.

Conclusion

Language matters. It offers validation and acceptance whilst equally, the wrong use of language can alienate and disparage. It is therefore paramount that we are aware of the impact the language we use and the context in which we are using it. Affirming and supporting people for who they are and how they identify is an integral part of creating equal space for the LGBTQ+ community. Inclusivity within language is just as important as any other kind of inclusivity within a culture.

“The language we use not only shapes our interactions with other people – it also shapes how we think, and how we perceive the world we inhabit.” – The Sapir-Whorf Hypothesis