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World Elder Abuse Awareness Day

Instagram, of all places, drew my attention to today (15 June) being World Elder Abuse Awareness Day which was established by the United Nations in 2011. When I delved more into the issue I found some extremely sad statistics. These are taken from the Age UK website which states that “Last year one in six older people suffered some form of abuse with as many as two out of every three older people with dementia being abused”

Only 4% of all abuse gets reported and even when the person experiencing the abuse is aware that it is wrong and their perception is not affected by, for example, dementia they will often be in a position of emotional or physical dependence on the perpetrator, which makes reporting the abuse even harder. It is also very possible that the older person will be from a generation that tried to deal with personal issues within the family and they may be reluctant to be perceived as “washing their dirty linen in public” by seeking external help.

As a solicitor specialising in domestic abuse I would often explore with the victim of the abuse what other channels exist, apart from court, to enable them to get assistance – it may be checking their benefits entitlement can give them greater financial autonomy from their abuser, or a specialist charity can provide outreach support, or a visit from the police to the abuser can sometimes be enough of a warning shot to make the behaviour cease and empower the victim.

However, in cases where this is not viable it will be possible for a person experiencing elder abuse to seek the assistance of the courts in obtaining an injunction known as a Non-Molestation Order (which regulates the behaviour of the perpetrator and renders them liable to arrest and criminal charges if they breach it) and / or an Occupation Order (which can be used to remove an abuser from the property or regulate how they occupy it). These orders do not simply relate to spouses or partners but can also be used in situations where the abuse comes from a family member such as a child. The key will be to establish that the abuser is an “associated person” with the victim of the abuse and a solicitor will quickly be able to establish that and assist in making the application to court, on an urgent basis if necessary.

Even when the abuser is not an associated person it may be possible to bring criminal or civil action against them and we would be able to advise on that.

We would also be able to work closely with our specialist Private Client and Court of Protection departments to provide a full range of support and expertise. If the victim of the abuse is eligible for Legal Aid then we would also signpost them to an appropriate firm providing that service.

Proceed with Caution: Assessing the Risks of Shropshire's Virtual Ward Bed Scheme

As the number of so-called “virtual ward beds” in Shropshire is set to double by the end of 2023, it is crucial to examine the potential risks associated with this initiative. While the aim of reducing hospital patient numbers and enhancing convenience may seem appealing, it is essential to consider the possible dangers that may arise from the implementation of virtual ward beds.

Firstly, what is a “virtual ward bed”? In essence, it is where a patient is monitored and treated remotely at home, freeing up beds in hospital while allowing a patient to receive treatment in the comfort of their own home. The number of beds is to increase, as Shropshire Community Health NHS Trust is required to have 249 virtual ward beds by December 2023

However, there are a number of concerns surrounding this scheme which have implications for patient care and safety.

1. Compromising Quality of Care

One of the primary concerns associated with virtual ward beds is the potential compromise of quality care. While patients receive certain medical services at home, the absence of round-the-clock medical supervision and immediate access to specialised care is a concern. Blood tests, medication prescriptions, and intravenous treatments administered remotely may lack the necessary oversight, leading to potential errors or delayed interventions that could have detrimental effects on patients' health.

2. Limited Support and Monitoring

By transitioning patients from hospital beds to virtual ward beds, there is a risk of reducing the support and monitoring available to them. While the scheme emphasises the freedom and comfort of receiving care at home, it is important to remember that certain conditions or treatments may require continuous monitoring, immediate medical attention, or emergency interventions. The absence of healthcare professionals nearby may impede timely responses to critical situations, potentially endangering the well-being of patients.

3. Inadequate Training and Responsibility

Another issue to consider is the level of training provided to patients and their caregivers. If patients are expected to take on tasks traditionally performed by medical professionals, such as regular observations or administering medications, there is a risk of inadequate training leading to mistakes or improper management of their condition. Moreover, the burden of responsibility placed on patients and their families may cause undue stress, potentially compromising their ability to provide the necessary care effectively.

4. Lack of Oversight and Accountability

With the rapid expansion of virtual ward beds, the question of oversight and accountability becomes crucial. Will there be sufficient mechanisms in place to ensure the quality of care delivered remotely? Without adequate monitoring and regulation, there is a risk of substandard care, errors, or even neglect going unnoticed. Safeguards must be implemented to hold healthcare providers accountable and ensure that patient safety remains a top priority.

Review

While the concept of virtual ward beds in Shropshire may initially appear innovative and convenient, it is essential to approach this scheme with caution. The potential risks and shortcomings associated with the transition from hospital care to remote monitoring and treatment cannot be overlooked. Patient safety, quality of care, and the ability to respond to dynamic and changing health conditions must be carefully evaluated before embracing this model on a large scale.

It is crucial that patients and their families stay informed, ask questions, and thoroughly assess the suitability of virtual ward beds for their individual circumstances. Balancing the benefits of reduced hospital admissions with the potential risks and limitations of remote care is essential in making informed decisions about our health and well-being. Hospitals and patients alike should prioritise patient safety and advocate for comprehensive oversight and accountability to ensure that the delivery of care remains at the highest standards, whether it be within hospitals or through virtual ward beds.

Criminal Investigation Launched into Deaths at Brighton Hospital

A police investigation into deaths arising as a result of alleged medical negligence at the Royal Sussex County Hospital in Brighton has raised serious concerns about patient safety and the quality of care provided.

Sussex Police has initiated an investigation covering a five-year period, spanning from 2015 to 2020, and focuses on potential failings in both neurosurgery and general surgery. Although the exact number of deaths being looked into remains undisclosed, reports suggest that it could be as high as 40. The University Hospitals Sussex NHS Foundation Trust, which runs the hospital, has pledged its full cooperation with the criminal investigation, and the police have emphasised that the early stage of the inquiry does not automatically imply wrongdoing.

This investigation follows an earlier incident in May when the Care Quality Commission (CQC) downgraded the Royal Sussex County Hospital to a "requires improvement" rating after a group of whistle-blowers alerted the authorities. Their concerns prompted an inspection which revealed potential issues within the hospital's practices and procedures. Consequently, the investigation by Sussex Police is a further step to assess whether patient safety is at risk and whether avoidable deaths have occurred.

Lloyd Russell-Moyle, the Labour MP for Brighton Kemptown, has expressed deep concern over the ongoing investigation and has called for complete cooperation with the police to ensure a thorough and unbiased examination of the allegations.

The Trust has acknowledged that it has been contacted by Sussex Police in relation to the investigation and while refraining from providing further details at this stage, it has affirmed its commitment to fully cooperating with the investigation.

Sussex Police's decision to probe the matter reflects the importance of thoroughly examining these allegations to maintain public trust and accountability within the healthcare system, as well as to assess if any criminal actions have been committed. As the investigation progresses, it is crucial that all stakeholders cooperate fully to shed light on the situation and take appropriate actions to prevent similar incidents in the future.

Urgent Measures Required to Tackle Alarming Baby Loss Rates in the UK

A landmark report published by the Sands and Tommy's Joint Policy Unit has shed light on the distressing reality that too many families in the UK continue to suffer the heartbreak of losing a baby. The Saving Babies' Lives Progress Report paints a concerning picture of stalling progress and a risk of regression. It highlights the need for immediate action to address the persistent issues surrounding pregnancy and baby loss in the country.

Key Findings

Annually in the UK, the devastating reality persists: over 5,000 babies are stillborn or die within the first four weeks of life, and approximately one in six pregnancies end in miscarriage.

The Saving Babies’ Lives Progress Report reveals that England is falling short of its target to halve stillbirths and neonatal deaths by 2025 compared to 2010 levels. Furthermore, there are no current targets or ambitions for reducing baby deaths in Scotland, Wales, or Northern Ireland. Despite previous commitments to address maternity service issues, the report emphasises the fundamental changes necessary to save more babies' lives have not been implemented.

The Saving Babies’ Lives Progress Report highlights the following critical issues:

  • A Disregard for Standards: A failure to follow nationally-agreed care standards leads to avoidable deaths. Consistent implementation of these standards is therefore crucial.
  • Ignored Bereaved Parents: The voices of bereaved parents are neglected. This likely hinders meaningful change, and their experiences must be heard to drive improvements.
  • Neglecting Inequalities: No national targets exist to reduce ethnic and deprivation-based inequalities. Urgent action is needed to address discrimination in healthcare.
  • Strained System: An under-resourced healthcare system affects care quality and staff well-being. Workforce and resource challenges must be addressed to improve care across the board.
  • Repeating Mistakes: Many NHS Trusts and Boards fail to learn from previous errors, costing lives. A culture of openness and learning is vital to improvement.

Recommendations

To make the UK the safest place for babies, the Saving Babies’ Lives Progress Report recommends:

  • Implementing Clear Targets: Each UK nation should establish targets for saving babies' lives, fostering accountability.
  • Government Commitment: Strong, long-term funding is needed to eliminate the inequalities contributing to higher loss rates.
  • Strengthened Maternity Services: Adequate staffing and resources are essential to meet complex care needs.
  • Fostering a Learning Culture: The NHS must embrace openness and apply lessons learned from tragic incidents.
  • Further Research and Data Collection: Increased investment in research and comprehensive data collection on miscarriages are crucial.

Conclusion

At Lanyon Bowdler, we represent over 100 families affected by decades of systematic failings in maternity care at The Shrewsbury and Telford Hospital NHS Trust. The Saving Babies’ Lives Progress Report serves as a stark and disheartening reminder that not enough is being done to protect the lives of mothers and babies across the UK, particularly in the wake of the well-publicised findings of the Donna Ockenden inquiry. There remains an urgent need for comprehensive and meaningful action.

If you or your family have been affected by failings in maternity care, please contact our specialist maternity team.

Mental Health Awareness Week: Breaking The Silence

Welcome to Mental Health Awareness Week, a crucial annual event that aims to shine a spotlight on the importance of mental well-being. As a specialist clinical negligence lawyer, I firmly believe that mental health should be at the forefront of any discussion surrounding healthcare. This blog serves as a reminder of the significant impact clinical negligence can have on mental health, and the importance of seeking justice and support for those affected.

Understanding the Connection:

Mental health issues can arise from various factors, and clinical negligence is one of them. When patients suffer harm due to medical errors, the consequences extend far beyond physical injuries. The emotional and psychological toll of medical negligence can be immense, leading to conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), and even suicidal thoughts.

The Role of Clinical Negligence:

Clinical negligence occurs when a healthcare professional fails to meet the expected standard of care, resulting in harm to the patient. In the context of mental health, this can involve misdiagnosis, medication errors, inadequate treatment, neglect, or even abuse within mental health facilities. The repercussions can be devastating, often exacerbating existing mental health conditions or triggering new ones.

Importance of Raising Awareness:

Mental Health Awareness Week provides an excellent opportunity to shed light on the connection between clinical negligence and mental health. By increasing awareness, we can encourage open conversations, destigmatize mental health struggles, and advocate for necessary reforms in healthcare systems to better support affected individuals.

Seeking Justice and Support:

If you or a loved one has experienced mental health complications as a result of clinical negligence, it is essential to seek justice and support. Engaging the services of a specialist clinical negligence lawyer can help you understand your rights, navigate the legal process, and seek compensation for the harm suffered. This not only provides financial support but also validates your experiences and holds healthcare providers accountable for their actions.

In addition to legal avenues, it is crucial to access appropriate mental health support. This may involve therapy, counselling, or joining support groups that can provide empathy, understanding, and guidance. By prioritising mental well-being and seeking the necessary support, individuals can take crucial steps towards healing and recovery.

Advocating for Change:

Mental Health Awareness Week serves as a call to action to improve mental health services and prevent clinical negligence. It is crucial for healthcare providers and institutions to prioritise mental health, implement robust protocols, and invest in comprehensive training for staff. By doing so, we can minimise the occurrence of medical errors, ensure prompt and accurate diagnoses, and provide effective treatment options that protect the well-being of patients.

Conclusion:

During Mental Health Awareness Week, let us amplify the voices of those affected by clinical negligence and mental health challenges. By raising awareness, seeking justice, and advocating for change, we can work towards a future where mental health is fully integrated into healthcare systems, ensuring that no individual suffers unnecessarily due to medical errors.

Seeking out help and support is a sign of strength, and together, we can make a difference.

Ten Reasons to Mediate.

Mediation is a form of alternative dispute resolution that has gained popularity in recent years. It is a process where parties in a dispute come together with a neutral third-party mediator to resolve their differences. Mediation offers a number of benefits that make it a preferred option for many people who are looking to resolve a dispute. In this article, we'll discuss ten reasons why you should consider mediating your dispute.

1. Cost-effective alternative to litigation

One of the primary benefits of mediation is that it is a more cost-effective alternative to traditional litigation. Legal proceedings can be lengthy, costly, and time-consuming, and often result in a resolution that is unsatisfactory to one or both parties. Mediation, on the other hand, is usually a faster and more affordable process that can save you time and money.

2. Maintains control over the outcome of the dispute

In a court of law, the outcome of a dispute is determined by a judge. In mediation, however, the parties have more control over the outcome of the dispute. The mediator works with the parties to reach a resolution that is mutually agreeable, so the parties can have a say in the outcome of the dispute.

3. Preserves relationships between parties

Mediation is often used to resolve disputes between individuals or organisations that have a long-standing relationship. The process of mediation encourages the parties to communicate and understand each other's perspectives, which can help to preserve the relationship and reduce the risk of future disputes.

4. Encourages creative problem-solving

Mediation is a problem-solving process that encourages the parties to find creative solutions to their disputes. The mediator works with the parties to explore different options and find a resolution that is mutually beneficial. This process can lead to a resolution that is more satisfactory than what might be achieved through a court.

5. Increases satisfaction with the resolution of the dispute

When a dispute is resolved through mediation, the parties are often more satisfied with the outcome because they have had a hand in creating it. Mediation is a collaborative process that encourages the parties to find a resolution that meets their needs and interests.

6. Maintains confidentiality

Mediation is a confidential process, and the discussions and negotiations that take place during mediation are not made public. This is a significant advantage for individuals and organisations who want to resolve a dispute without the risk of damaging their reputation.

7. Facilitates communication and understanding between parties

Mediation provides a forum for the parties in a dispute to communicate and understand each other's perspectives. The mediator works to encourage open communication between the parties and helps them to understand each other's needs and interests. This can lead to a resolution that is more satisfactory to both parties.

8. Resolves disputes faster than traditional legal processes

Mediation is a faster process than traditional litigation, and disputes can often be resolved in one day of mediation if the parties are properly prepared. This is a significant advantage for individuals and organisations who want to resolve a dispute as quickly as possible.

9. Reduces stress and tension between parties

Mediation can help to reduce the stress and tension between the parties in a dispute. Because the process of mediation encourages the parties to communicate and understand each other's perspectives, it can help to reduce conflict and promote a resolution that is mutually beneficial.

10. Provides a neutral and impartial forum for resolving disputes

Mediation is a neutral and impartial process that is designed to resolve disputes in a fair and balanced manner. The mediator does not take sides and works to find a resolution that is mutually agreeable to both parties. This can be a significant advantage for individuals and organisations who want to resolve a dispute without the risk of bias or prejudice.

‘Maternity Scandal’ - The Shrewsbury and Telford Hospital NHS Trust Open Their Doors to The Public

The high-profile Donna Ockenden Review - concerning maternity services at The Shrewsbury and Telford Hospital NHS Trust - has been well documented. It was the largest maternity scandal in NHS history, with the report exposing decades of catastrophic failings and malpractice. Harrowingly, the report identified 201 cases of stillbirth and neonatal deaths, together with nine maternal deaths, all of which could have been avoided if appropriate care had been provided. The report also found other babies had been starved of oxygen and left with life-changing disabilities.

Unsurprisingly, the findings sent shockwaves through the local community, with many prospective parents and expectant mothers fearing the worst, but having no choice than to put their trust into the maternity services at the centre of this scandal. Louise Barnett, Chief Executive at the Trust admitted the Trust had "failed our community".

However, in a recent bid to address the local distrust and concern, the Trust have announced that they are planning to open their doors to the public, with a maternity services open day being held on 13 May 2023 at the Princess Royal Hospital in Telford. Visitors will be offered guided tours of the Trust’s antenatal ward, delivery suite, midwife led unit and postnatal ward. There will also be opportunities to meet maternity services teams, participate in Q&A sessions with midwives, watch simulation training and visit information stalls.

Reportedly, three quarters of the 210 recommendations for improvement included within the Donna Ockenden report have now been implemented, and the Trust now wishes to reassure patients that maternity services at the Princess Royal Hospital are safe.

Annemarie Lawrence, Director of Midwifery, said: “We’re really excited to be opening our doors to the public. I encourage anyone who would like to know more about what it’s like to be pregnant and have a baby under the care of SaTH to come and meet our midwives, ask questions and experience, first-hand, the improvements we have been making within our modern and welcoming service.”

Life As A First Seat Trainee Solicitor

Before starting my seat in the Court of Protection (COP) Department here at Lanyon Bowdler, I had no idea what to expect due to it being such a niche area of law. All I knew is that the words “Trust” and “LPA” terrified me! Naively, my thoughts were that we would simply be managing money for people who had lost the mental capacity to be able to do so themselves. However, I quickly came to realise this certainly was not the case!

The personal nature of COP became apparent on my first day, when Lucy Speed welcomed me to the team and proudly informed me, in full detail, of the lives of her clients. I found it heart-warming that this department dealt with the same, on-going clients. I smiled at the pictures of them all on Lucy’s wall and found the relationship that the COP team has with its clients truly heart-warming.

For me, my career in law has always been highly focused and driven towards helping people, and making my work mean something to the community. Having worked in law firms before, but in areas that were tenacious and seemingly further removed from their clients, it was refreshing to work in a department that really gets involved with helping vulnerable people in their daily lives.

Shortly after starting in COP, I accompanied Neil Davies to court and met with the counsel that we had instructed. From traveling to court where we discussed the details of the case, to the journey back, I really enjoyed the immersive, in depth experience attending the court hearing provided me with. It gave me an insight as to the emotive nature of COP cases and I loved the human element of the department.

No two days are the same in COP which makes it an exciting place to work. My daily tasks include such things as talking with clients, arranging equipment deliveries, liaising with case management staff, assisting the deputy with financial decisions and a huge amount of note taking.

Whilst COP wouldn’t have been on my list of preferred seats, simply because I didn’t really know what it was, my first seat in COP has made me appreciate the beauty of a training contract. It has taken me out of my comfort zone and allowed me to explore an area of law that I had never previously considered.

The main lesson I will take away from COP, and the first seat in my training contract, is that we all rush to pass exams, get our first legal job, a training contract and then to qualify. However, over the period of just a couple of months I feel I have made long-lasting connections and learnt a great deal in COP and it has taught me to slow down, enjoy and absorb every day.

The Risks in Delaying Registration of your Lasting Power(s) of Attorney

Once a lasting power of attorney (LPA) has been signed by all of the parties, the process does not stop there, the LPA still needs to be registered with the Office of the Public Guardian (OPG) before your attorney(s) (the person or people you appoint to act under your LPA(s)) have any authority to act on your behalf.

The OPG advised, as of the 1 April 2023, that it is taking up to 20 weeks from submission of the application to register an LPA.

Sometimes historically LPAs were not registered as soon as they were created, rather they would be prepared and stored until needed and then the donor (the person making the LPA) or the attorneys would then arrange to register it.

One reason for this practice was for the client to save money and not have to pay the registration fee if the LPA may not be needed at all in the future.

Another was that the registration process was a little quicker taking only up to 8 - 10 weeks, although this still often caused issues when a donor had lost capacity suddenly and the attorneys needed to take control of their finances, or make decisions about their health.

In addition, the LPA’s predecessor the enduring power of attorney (EPA) was not registered with the OPG until the donor had lost or was losing mental capacity. However, with LPAs the act of registration does not take away the donor’s ability to make their own decisions about their finances and/or health.

There are several benefits of registering your LPA as soon as it has been created.

One is to ensure that it has been executed correctly and no amendments are required to ensure the LPA meets all of the OPGs requirements, and there is no further delay to the registration of the LPA at a time when the donor may be vulnerable due to capacity issues.

Once a property & financial LPA has been registered it can be used by your attorneys straight away (unless you include a restriction to the contrary). This allows your attorneys to act on your behalf whilst you have mental capacity (but only with your consent), which can be necessary if, for example, you needed some assistance with you finances as you were in hospital or unwell at home for an extended period of time.

A health & welfare LPA could be needed immediately in the event of a medical emergency to allow your attorney(s) to make decisions on your behalf. In this case your attorneys would not have the time to wait for the document to be registered and as such would not be authorised to make decisions on your behalf. Furthermore your attorneys may not have time to obtain the LPA/certified copy to show that they have the legal authority to make decisions on your behalf. It is also important that you notify your GP and any other medical professionals, in charge of your care, of your health & welfare LPA so that they are aware of its existence in the event of a medical emergency where you are unable to make your own decisions about your health and welfare.

We therefore recommend LPAs are registered as part of the preparation process and treat them like an insurance policy that you hope you never have to use. However, if you prepared your LPA some time ago and are unsure if it is registered, you can easily check this by looking at the bottom of each page of the LPA, where it will have a perforated stamp that says “validated”, and there will be another stamp on the front page showing the date that the OPG registered the LPA.

If your LPA(s) is/are unregistered or if you are still unsure, please feel free to contact us and we will happily advise you.

Interplay Between Legal Services: A Trainee’s Commentary

A trainee solicitor at Lanyon Bowdler will typically do four placements or seats in different departments within the firm, each spanning six months. Having now worked in three departments within Lanyon Bowdler (Clinical Negligence, Court of Protection, and Private Client, the latter two as part of my training contract) I always find it exciting to discover areas of overlap or intersection where departments will need to ask for advice, work collaboratively, and perhaps hand over the reins to another legal team to provide a comprehensive service for our clients.

As a trainee in Court of Protection, I would speak with people whose loved ones had lost their mental capacity due to injury or illness and required assistance with decision making about their finances or their care. Some of those I spoke with were able to provide their loved ones with the assistance they needed by virtue of a Lasting Power of Attorney that had often been made many years in advance. The Court of Protection department were able to provide guidance and support to attorneys tasked with making those important decisions, or in some cases, professional attorneys within Lanyon Bowdler were appointed to perform this service.

Now, in Private Client, I meet with people who are in good health but want to plan for any future loss of capacity and by ensuring someone has the authority to protect their interests should they be unable to do so themselves. Those in this position often wish to instruct us to prepare those same Lasting Powers of Attorney that I saw come in clutch for our Court of Protection clients.

Within the Private Client Department, my current seat, I have already seen several couples contemplating marriage or civil partnership looking to prepare new wills. Couples taking the next steps in their lives may wish to consider making pre-nuptial or co-habitation agreements to ensure their assets are appropriately protected, particularly where contributions to large purchases such as marital homes have not been equally split between the partners. This is an area of work that our Family Department specialise in.

Additionally, for those marrying with young children, perhaps from previous relationships, it is advisable to consider who should be appointed as a guardian in your will should the worst happen. Our Family team can assist with preparing a Letter of Wishes concerning guardianship and can ensure the contents of this letter addresses all the likely questions the Family Courts will have in deciding who to assign parental responsibility to.

Instances of interplay between areas of legal advice I have seen in my training contract are too numerous to list exhaustively, but I mention below a few other key scenarios that could, and often do, arise:

  • Clinical Negligence and our Residential Property team collaborating to ensure a property can be purchased that is suitable, practical and safe for a client with a physical disability following a medical accident;
  • Our Corporate and Commercial Property teams arranging the sale of a company and any linked agricultural property whilst the Trusts team within Private Client create trusts to transfer remaining business assets into so the appropriate business tax reliefs can be utilised.
  • Our Dispute Resolution team advising on property disputes for vulnerable Court of Protection clients and how best to resolve those disputes amicably; and
  • Personal injury and Court of Protection Solicitors in frequent communication to discuss clients with brain injuries needs so that expenses incurred in supporting the client can be factored into and covered by any ongoing personal injury claim.

It is always fascinating to see how a legal matter develops in practice, and the more exposure I have to this, the more I can see how often client’s matters will fall into the remit of several different departments.

It is true that many cases are straight forward and are able to be dealt with by a single team within their area of expertise. However, where a legal matter is more complex, it is necessary to ensure no components are overlooked to potentially cause problems in future. Approaching a full service firm like Lanyon Bowdler means that we have regard for these complexities and can appropriately seek guidance and refer internally, obtaining any necessary legal advice without delay.

Mediation: Top Ten Tips

Commercial mediation is an effective way to resolve disputes and reach a mutually acceptable agreement. Preparation is key to making the most of the mediation process, and these tips can help you get ready.

1. Know your case: Before attending mediation, it is important to have a thorough understanding of the facts, issues, and legal arguments involved in the dispute.

2. Set goals: Determine what you hope to achieve through mediation. This could be a monetary settlement, a resolution of a specific issue, or simply a better understanding of the other party's perspective.

3. Gather documents: Gather any relevant documents, such as contracts, emails, or invoices, which support your case. Make sure you provide copies for the mediator and other parties in advance.

4. Consider your options: Mediation is a flexible process, and it's important to have an open mind about potential solutions. Be prepared to think creatively and consider alternative options.

5. Choose your team: Select a small group of representatives from your company who will attend the mediation with you. They should have a good understanding of the case and be prepared to make decisions on your behalf.

6. Be professional: Remember that mediation is a professional process. Dress appropriately, be courteous, and avoid confrontational behaviour.

7. Be open to compromise: Mediation is a process of compromise, so be prepared to make some concessions in order to reach an agreement.

8. Prepare an opening statement: Consider what you want to say to the mediator at the start of the mediation. This should be clear, concise, and focused on your goals.

9. Listen actively: Pay attention to what the other party is saying, and try to understand their perspective. This will help you find common ground and negotiate a resolution.

10. Be respectful: Treat the mediator and other parties with respect, and follow the ground rules set by the mediator. This will create a positive atmosphere and increase the chances of reaching a successful outcome.

By following these tips, you will be well-equipped to effectively negotiate a resolution and reach a mutually acceptable agreement.

Predatory Marriages

“Predatory marriage” is a non-legal term commonly used to describe those marriages which take place where one of the parties to the marriage did not validly consent to it, whether because of duress, mistake, unsoundness of mind or otherwise.

Both parties to a marriage need to have the necessary mental capacity to marry. A predatory marriage can be used to describe a marriage where one of the parties did not have the necessary mental capacity to consent to it, owing to unsoundness of mind which may have a variety of causes, including a mental illness, or a disease such as Alzheimer’s. The “predator” may have deliberately taken advantage of their victim with a view to financial gain.

Two main legal problems can arise in the context of predatory marriages. The first is that marriage revokes a will (section 18 of the Wills Act 1837). This means that any pre-marriage will made by the victim, perhaps benefitting their children and family, is revoked and can lead to an intestacy, resulting in the predator automatically inheriting all, or a substantial part, of the victim’s estate. It can also mean that the predator will be put in control of the victim’s funeral, including their burial/cremation arrangements. Funeral wishes that may have been included in the victim’s will, or expressed verbally to family members, can be overridden by the predator.

The second problem is that, although a predatory marriage can be annulled, any annulment is prospective rather than retrospective. This is because the Matrimonial Causes Act 1973 states that a predatory marriage is voidable, rather than void. A marriage which is voidable under the 1973 Act always revokes an earlier will of a party to the marriage, whether or not the marriage is subsequently annulled, because the annulment of a voidable marriage is not retrospective in effect and there was therefore a valid marriage for the purpose of revoking any prior wills. Therefore, even if it could be proved that the victim had not properly consented to the marriage because of unsoundness of mind that would not affect the revocation of the prior will because the marriage is treated as subsisting up until the date when the decree of nullity is made. It is also the case that a voidable marriage cannot be annulled after the death of one of the parties to it and a third party cannot challenge a voidable marriage (only one of the parties to the marriage can seek a decree of nullity in relation to that marriage whilst they are both still alive).

It is possible that a new will can be executed but this can only be arranged if the victim is still alive. If the victim is still alive, it may be possible for a statutory will to be made for the victim by the Court of Protection.

Interestingly, up until 1971, lack of consent made a marriage void rather than voidable. This was changed with the passing of the Nullity of Marriages Act 1971, and subsequently re-enacted in the Matrimonial Causes Act 1973. The legal effect of a voidable marriage on a pre-existing will may or may not have been appreciated by Parliament in 1971 but unless and until the law is changed, voidable marriages will continue to revoke wills.

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