Frequently Asked Questions
Find answers to some of the questions that are most commonly asked of us
FAQ - Personal Injury
Is there a time limit within which I must bring my claim?
Yes, you must bring your claim within three years of the date of the accident or three years from the date that you become aware that you have sustained an injury.
My child who is 7 has been injured in an accident through another party's negligence. Can she bring a personal accident claim?
She can make a claim but you wll have to act as her next friend. Don't forget, you have until 3 years from the date of the accident after your daughter's 18th birthday in which to make a claim.
I am injured through another person's negligence. Who will pay the compensation?
The person who injured you. Most often, their insurer will write your cheque.
What happens if I am injured by someone who is not insured?
If you are involved in a road traffic accident you may be able to claim against The MIB (Motor Insurers Bureau) and The CICA (Criminal Injuries Compensation Authority) pay compensation to victims of a violent crime.
What can I claim for if I suffer a personal injury?
Compensation for:
» Pain
» Suffering
» Inconvenience
» Loss of earnings
» Medical expenses
» Replacement car hire
» Cost of vehicle repairs or replacement
Basically, any reasonable losses you incur as a result of the accident.
The insurance company have already offered me some compensation. Should I accept it?
NO. The insurance company would not be offering something to you unless they benefit from it. The amount offered is likely to be far less than what you are legally entitled to.
My child was a rear seat passenger in a vehicle involved in an accident and sustained personal injuries. Can he claim compensation?
Your child is an "innocent" passenger for the purposes of any potential claim against both the driver of the vehicle in which he was travelling and the responsible third party driver.
You can commence a claim immediately however, you will have to act as your child's 'Litigation Friend', in order to do this.
The deadline under the Limitation Act 1980 for making a claim in a personal injury case is usually 3 years from the accident date.
However, in the case of children, the 3 year period does not commence until the child attains majority at the age of 18. Therefore they have until their 21st birthday to commence court proceedings.
How much compensation will I receive for a personal injury claim?
Each personal injury claim is assessed individually as there are a number of factors which have a bearing on the value of your injury. These include the nature of your injury, recovery period and its impact on your day to day living. The assessment will be based on case law relating to injuries of a similar nature and guidelines set by the Judicial Studies Board.
FAQ - Consumer Law
I bought a sofa and it is not of satisfactory quality. Is there a time limit within which I must bring my claim?
Yes you must bring your claim within six years.
What is the definition of “satisfactory“ quality?
Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
If you purchase a light bulb and it breaks after 11 months, this would be deemed a satisfactory quality by a reasonable person
However, if you purchase a television and it breaks down within 6 months (as far as you have not used the television inappropriately during this period) this would not be deemed to be satisfactory by a reasonable person.
My vacuum cleaner is damaged after cleaning industrial waste and the shop won't replace it. Can I bring a claim against them?
If your vacuum cleaner was for domestic use only then you do not have a claim as you used the vacuum clearner for something other than it was meant for.
If your vacuum cleaner was for industrial use then you may have a claim.
I purchased a sofa but the store I bought the sofa from has gone into liquidation. Can I get my money back?
It is unlikely that you will get your money back. However, if you purchased your sofa with a credit card then under Section 75 of the Consumer Credit Act, you should be able to make a claim against the credit card company but this only applies when you have purchased an item between £100 and £30,000.
My flight was cancelled through no fault of mine. The airline have refused to compensate me or replace my flight. What can I do?
Under EU Regulation 261/2004, you will get "reimbursement of the cost of the ticket within seven days or a return flight to the first point of departure or re-routing to their final destination".
You are also entitled to "care". The EU's summary mentions "refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, telex or fax messages or e-mails".
Further, you will be entitled to compensation of 250 Euros for all cancelled flights of 1,500km. You get 400 Euros for all flights within the EU of more than 1,500km, and the same for all other flights between 1,500 and 3,500km. For all other flights you get you 600 euros. However, compensation only applies to cancellation, not delay.
However, if the airline notified you two weeks prior to departure they can avoid providing you with compensation. Further, if they notified you less than two weeks before, and you were re-routed with only minor delays, you will not be entitled to compensation.
FAQ - Landlord and Tenant
I have an oral tenancy agreement. Is it valid?
Yes an oral tenancy is valid providing that:
1 They take effect on the day they are granted
2 They are for a term not exceeding three years
3 They are granted for the best rent reasonably obtainable without taking a premium.
Does my Landlord have to give me a written agreement?
No. If your tenancy is an Assured or Assured Shorthold Tenancy you can, however, request a written agreement once the tenancy has started.
Does my Landlord have to confirm any details in writing?
If your tenancy is an Assured or Assured Shorthold Tenancy you can require the Landlord to confirm certain details of the tenancy in writing. You should make your request to the Landlord in writing, and he/she must respond within 28 days. The details which the Landlord must confirm in writing are:
» The date the tenancy began
» The amount of rent payable, and any rent review arrangements
» The dates on which the rent must be paid
» The length of any fixed term which has been agreed
How does a Landlord evict a Tenant who has defaulted on rent payments?
Where the Tenant is in arrears with their rent payments, they are in breach of their Tenancy Agreement. This means that the Landlord may end the Tenancy Agreement early and take possession of the property.
A Section 8 Notice will need to be issued by the Landlord and it is imperative that the requirements of the Notice, as well as the correct format and notice periods, are adhered to.
The Notice must state that the Landlord intends to seek possession of the property and include the grounds on which possession is sought, i.e. default in rent payments.
Any errors in the Notice could result in the Notice needing to be re-issued and cause considerable delay on the part of the Landlord.
What is the difference between a Section 8 Notice and a Section 21 Notice?
A Section 8 Notice is used in cases where a Landlord wishes to terminate the tenancy before the fixed term has come to an end, and usually due to the Tenant defaulting on the terms of the tenancy agreement.
A Section 21 Notice is used in cases where a Tenant refuses to leave the property at the end of a tenancy and the Landlord wishes to obtain possession of the Property.
What should the Landlord do if the tenancy has ended but the Tenant refuses to leave the property?
Where the Tenant refuses to leave the property even though the tenancy has ended, the Landlord will need to serve a Section 21 Notice on the Tenant requiring possession of the property from the Tenant and providing at least 2 months notice of such intention.
The Landlord must then wait until the Notice has expired (the expiry date should be provided on the Notice). Should the Tenant not have vacated the property by this time, the Landlord should apply to court for an order claiming possession.
What is the procedure to be taken when there are repairs to be done at the lease property?
The Landlord's repairing obligations will only arise when he has received notification of the defect. The Landlord is permitted a reasonable period in order to carry out the repairs. What determines a reasonable period will depend on the nature of the defect as well as the urgency of the defect needing to be repaired. The Landlord is entitled to first inspect the defect and should be provided with a right of access to the property, upon notice of such inspection to the Tenant.
What can the Tenant do if the Landlord does not carry out the necessary repairs?
Where the Landlord has failed to carry out the necessary repairs, the Tenant has the following legal remedies:
1 Claim for specific performance
2 Claim for damages
3 Set-off in certain circumstances
In claims for specific performance, the courts are requested to force the Landlord to carry out his repairing obligations.
In claims for damages, the Tenant approaches the courts with a claim against the Landlord for any loss or damage that he has suffered as a result of the defect not being repaired or not being repaired timeously. The Tenant is entitled to a sum that would restore him to the position that he would have been in had there been no breach on the part of the Landlord.
In set-off, the Tenant attends to the repairs himself and then sets-off the cost of such repairs from the rent owed to the Landlord.
My Landlord has not placed my deposit in a Tenancy Deposit Scheme within 30 days. What can I do?
You can bring a claim against your Landlord. Under the Localism Act 2012 if a Landlord does not place your deposit in a Tenant Deposit Scheme he is will be in breach of his obligations.