News have appeared recently that a 'celebrity mother' - that could not be named for legal explanations - has had two of her children removed and placed into foster care prior to child law proceedings.

Although her identity stays classified, it is learnt that the woman is a regular on television.
It is mentioned that a participant of the general public witnessed the woman 'pulling on her son's hair' and gotten in touch with social services. An inspection then apparently uncovered additional concerns, that led to the children being taken away from the mother and positioned with a neighbouring foster family.

It is stated that the woman was 'neglecting the youngsters while pursuing her glitzy lifestyle' also left them to 'fend for themselves'.

If a youngster is dangered of hurt social services can interrupt in various methods. They can work with a family to try to resolve the problems in different means (underneath a 'child protection plan' or through a procedure known as the 'pre-proceedings process').

In an critical, urgent matter, an emergency protection order would be requested by the regional authority. The child law court will eventually make the choice to accept a plan of removal for the youngster from the parents' supervision.

Legal Aid Acceptability

Legal aid is available for the birth parents or any person with parental responsibility of a youngster or children, where the local authority have suggested that they are thinking about issuing court proceedings.

Legal aid for care proceedings in other parts of family law is not relating to a person's financial situation or the strength of the case. This means that, if a regional authority are thinking about removing a person's child from their supervision and/or issuing court proceedings, a person from the listing mentioned above is eligible for legal aid and will not need to pay, regardless of what their earnings. Therefore, legal aid is offered for in fact, the rich and famous celebrities, ought to they wish to accessibility it.It is not yet known if more details will appear surrounding this case. Proceedings regarding this instance are confidential unless the court directs otherwise.

Clinical negligence claims against the NHS are handled by the NHS Litigation Authority. This body helps to reduce the stress and complexity of these court cases and reduces the amount of money claimants have to spend on medical negligence solicitors. Currently, less than 2% of all the cases it handles are settled in court - the overwhelming majority are settled amicably outside of court, or end up being abandoned by claimants. Alternative dispute resolution strategies, such as mediation, can also be handled by this authority.

How much money is spent on clinical negligence claims?

Clinical negligence claims represent the highest cost of liabilities provisions in the Whole of Government Accounts (WGA). According to data from the National Audit Office, this expense saw WGA provisions of £17.5 billion in the year to March 31st 2012, with around £8 billion earmarked for known claims and the rest provided to claims as yet unreported.

Generally, this cash goes towards the work of the UK's NHS Litigation Authority, which manages alleged medical negligence claims in England's NHS hospitals. This body had a total clinical negligence claim provision of £18.9 billion as of March 31st 2012. It also makes payouts for other expenses not relating to medical negligence, such as property damage, third party liabilities and other costs, but these are typically far less expensive than those relating to medical negligence. For example, in 2010 to 2011, the authority spent just £48 million on non-clinical negligence claims, compared with £863 million on clinical negligence claims.
Why are provisions so much higher than the total value of all medical negligence compensation payouts? The government provides higher provisions as it expects to have to pay out these costs following expenses arising from previous events. However, not all victims of clinical negligence make a compensation claim, and not all payouts are as large as had been expected. The government takes a 'better safe than sorry' approach and ensures that there is plenty of money earmarked for medical negligence claims, so the victims of inappropriate healthcare will not face any financial losses.

National Audit Office data also revealed that a total of 8,700 clinical negligence claims were made against the NHS or related bodies between 2010 and 2011. This indicates that medical negligence solicitors are busier than ever - from 2009 to 2010, this figure was just 6,700. The NHS Litigation Authority suggested that this increase is due to faster reporting rates, as well as a higher number of incidents being converted into medical negligence claims.

Does this mean my medical negligence compensation case will be likely to succeed?

Despite the fact that the government earmarks plenty of money for clinical negligence compensatio, the NHS Litigation Authority takes great care to ensure this cash only goes where it is needed. Any claims it feels lack merit will be defended robustly, and the organisation will do all it can to limit the size of any settlements.
This means it can be very advantageous for claimants to receive the help of medical negligence solicitors. The NHS Litigation Authority might do all it can to prevent people from receiving the money they require, and it can be helpful for claimants to have legal experts on their side in order to increase the overall value of any settlements.
If you have been the victim of clinical negligence, it will therefore be beneficial for you to seek legal help when claiming for compensation. Receiving the advice of clinical negligence solicitors will ensure you are prepared for any problems you might face and that you can adequately demonstrate the validity of your claim. It will also help you to maximise your eventual pay-out and ensure you receive anything else you may desire relating to your case, such as apologies, explanations and assurances that the same issue will not occur again.

Belinda

Belinda is a writer and reporter who focus on clinical negligence claims and other healthcare issues. She is particularly interested in government legislation and the ways in which these initiatives impact the NHS and the wider healthcare sector clinical negligence compensation. She lives in London with his wife and children, and in her downtime she likes to play cricket at her local sports club.

Within the past few decades, we’ve all seen our share of natural disasters in the news. Fortunately, the majority of Americans have been able to avoid many recent disasters, but for those who live through them, the aftermath can be detrimental. Insurance companies are meant to cover many types of property damage after these events, but this process isn’t always the easiest one, or even guaranteed, for that matter. This is why every homeowner should fully understand the risk that they face and how to handle property damage in the unfortunate event of a disaster.

The Numbers

Filing a Claim

What to do if Denied

A woman is suing Apple due to her claim that her iTouch exploded and burned her in the eye, according to recent reports.  The Nacogdoches, Texas, woman stated that she was lying in bed with her iTouch beside her as she listened to music.  She felt a burning sensation in her eye and found that the device had exploded.  An electrical shock apparently left the iTouch and burned her eye.

• The device must have been made or designed by the company in question.  In cases where devices contain components from more than one manufacturer, more than one defendant may be named in the case, or only the manufacturer who designed or produced the defective component.
• The device must have caused personal injury or death.
• The user must have been operating the device in a way that can be construed as “normal use.”

When someone sits down to write a will, they may begin with a list of their property, savings, shares, valuable items or household goods generally. Digital assets can often be overlooked when considering what to do when someone dies.

Digital assets include files, folders and software you have on your computer and phone at home or work. They also include things held by others, such as:

• Emails held in web-based accounts, such as Hotmail or Gmail;
• Retailers accounts, such as Apple or Amazon’s online music storage, or a blinkbox account;
• Social networking sites;
• Online business assets, such as domain names and websites;
• Information used to access physical assets, such as the passwords for internet banking accounts.

Why are digital assets important?

Digital assets are becoming increasingly widespread, more important for day-to-day life and make up a greater proportion of the value of the average person’s estate.

An executor has the responsibility of collecting in a person’s entire estate, before distributing it according to the deceased’s will or the laws of intestacy. This responsibility includes dealing with digital assets.

More traditional assets and liabilities are often now accessible only online, too. Many people will have all of their bank statements and utility bills sent to them by email or accessed online.

Digital assets can also be an important part of a business, often closely related to the company’s intellectual property: including client databases, website content and confidentiality. The relationship between the two types of asset is close because software and licences are so integral to digital communication and goods.

Things to look out for

In practical terms, most executors will not need to identify digital assets as a separate category, but the following should be considered:

• Ownership: Identifying which assets are personal and which are owned by someone else. This is a general issue with the whole of a person’s estate but is particularly important with digital assets as (a) they can be moved around easily and accessed from more than one location – sometimes simultaneously; and (b) because of the prevalence of licence agreements, which can cause similar problems to rented or ‘hire-purchase’ goods;

• Access: Many accounts are protected by passwords. This can be a problem for executors trying to find out information but also for things like business continuity;

• Confidentiality: the distinction between personal and business information can become blurred, especially when personal computers and email accounts are used for business use. For instance, where a client becomes a personal ‘contact’ on a personal, web-based email account. Similarly an employee’s acceptance of the terms of use of certain websites or software could give permission for site to monitor and/or use clients’ information held on the employee’s home computer. When executors and/or beneficiaries have access to those email accounts or computer files, the data protection principles are potentially being breached;

• Unauthorised access: putting hacking aside, not everyone keeps their passwords and access details secret. It is not uncommon for a couple to know each other’s login details for a range of things, similarly good friends. However permission to access the account whilst someone is alive is not the same as being allowed to use the assets when they are dead. An executor is responsible for securing all parts of the estate for the beneficiaries

• Jurisdiction: not all assets are held in the same jurisdiction to the deceased. Many, many companies have their servers located in other or multiple jurisdictions. In particular, a lot of cloud based services are based on US hosted servers. In the same way that this can effectively remove a lot of the privacy protections of the person’s home jurisdiction, this can also (theoretically) change the probate regime that the assets are subject to. In many cases this will not be an issue in practice but if the asset were particularly valuable, it has the potential to cause a problem. English subjects living abroad can, for instance, be in the situation where the law of England and Wales states assets are passed in accordance with the law of the country of domicile but the law of the country where they live states that assets are passed in accordance with the law of the country of origin;

• Division: say, for the sake of argument, a person had £5,000 worth of music and films held in an account or a service (and assuming they held the title to the copies, not licences). How would those assets be divided between three beneficiaries? Pre-paid subscriptions?

• Sensitivities: losing a loved one is a difficult time. Some people find reminders, such as Facebook pages and updates, distressing. There is also the unfortunate reality of internet ‘trolling’. The executors should give consideration to closing the deceased’s social networking pages as soon as practicable, but…:

Closure of accounts: It is widely reported that Facebook, as an example, allows an executor to close the account of the deceased person but will not pass on their login details. This may quite distressing if, as is becoming more common, their online accounts were their preferred way of storing their photographs and other personal media. In addition (although unlikely for the vast majority of people), the information the accounts contain may have some value to the estate – for instance for posthumous biographies, or just personal interest. There is the possibility the information may be useful in a dispute about a will. Consideration should therefore be given to securing information prior to asking for the account to be closed.

The Rules

The five rules public administrators should adhere to are:

• Efficiency and humanity go hand in hand
• Structures that don’t suit people should be changed
• The underprivileged should be the foremost concern
• The individual is as important as the group
• No one should be expected to do what the administrator won’t do

Rule 1: Efficiency and Humanity Go Hand in Hand

The centerpiece of many public administration theories is efficiency standards that mimic the private sector. This is a positive development on the whole because people perform best when they are rewarded or punished based on merit. However, this can be taken too far, and it’s important to balance the need for efficiency with the needs of employees.

Rule 2: Structures That Don’t Suit People Should be Changed

Human nature is impossible to alter, and when an organizational structure proves to be stifling for too many employees it’s time to reexamine it. The clockwork machinations of the industrial era don’t suit modern people, and creating structures that cater to people as they are instead of trying to force conformity are ultimately better for productivity and job satisfaction.

Rule 3: The Underprivileged Should be the Foremost Concern

Public administrators have a lot of things to consider when developing new policies, and even though the field came into existence as part of an attempt to address poverty, the poor still fall through the cracks. It’s easy to plan legislation that centers around local businesses and other projects, but if there’s no quantifiable and demonstrable gain for the underprivileged then it should be taken back to the drawing board.

Rule 4: The Individual is as Important as the Group

Every society and organization is comprised of numerous individuals working toward a common goal, and even though public administrators should strive to act in the name of the greater good, their efforts can fail when they’re willing to force too many sacrifices on certain groups for the sake of others. It’s impossible to avoid damaging everyone 100 percent of the time, but no one should ask others to make sacrifices except when there is truly no other way.

Rule 5: No One Should be Expected to Do What the Administrator Won’t Do

Leaders who don’t lead by example are not respected, and their employees grow to resent every demand that’s made by someone they view as lazy and duplicitous. There’s a lot of pressure on public administrators to perform as it is, but only those who are willing to step up to the plate and make themselves beacons of what they want their organizations to embody are fit to take on the role.

Connie Lyons is an avid blogger. If you’re in the public admin field or interested in learning more on your own, you may consider a degree such as those offered by University of Southern California or San Francisco State University.

Guest post outlining 10 things for new shop owners should take into consideration.

With the current state of the British high street one of abject decline, is it really the right time to buck the trend and open a new shop? Well, actually, there’s never been a better time to do exactly that. The focus is now shifting on to how to rejuvenate Britain’s high streets and bring new life back into them, so the opportunities for low rents, prime locations and start-up packages from the banks are all there to be grabbed firmly by anyone with an entrepreneurial spirit and a great idea.

But if you’re about to set up shop on the high street, there are a few things you need to take into consideration before you throw open the doors and invite the masses in:

#1 – What do you bring to the table?

The way we shop has changed dramatically in the last 20 years, so any high street store needs to have a USP that will grab the attention of even the most reticent high street shopper. Make sure you bring something new and exciting to the table, and are not just a carbon copy of a rival shopping experience that’s already well established.

#2 – Supplementing in-store with online

The high street shops that are succeeding are the ones that are literally ‘covering all the bases’ by having a strong online presence too. Remember to ensure that your branding is tied in across every platform, both in the real world and online.

#3 – Long lease or pop-up?

The type of lease you go for will entirely depend on your business plan. A long-term plan needs a stable base to build customer loyalty, whereas pop-up shops are great for dash-for-cash marketing ideas, especially seasonal ones.

#4 – Get your paperwork in order

Even pop-up shops need to be registered as a business, so no matter what your plan, check with your legal representative that every piece of paperwork is in order. Business registration, shop insurance, trading licences and ensuring you conform to H&S legislation should all be checked by a legal professional before you open the doors.

#5 – Insurance

It’s the dullest topic in the world, but it’s also essential if you’re opening a business to the public. Shops insurance packages that include public liability will cover you and your stock, as well as protecting you against claims made by the public.

#6 – Your vital support team

You need three key external partners when you set up in business – your insurance broker, your accountant and your legal representative. Make sure you have this vital support team in place before going into business so that you can focus your efforts on driving the business forward.

#7 – Legal cover

Shops insurance will cover just about every eventuality, from accidents suffered by the public whilst on your premises to interruption of business due to fire damage, for example. But you will also need to ensure that you have the right employer’s insurance if you have other people working for you so that you comply with employment law. This is a complex aspect of the law, so again if you’re going to be hiring (and even firing) then you’ll need a legal representative who’s well versed in employment law to make sure you stick to the rules.

#8 – Who are your rivals?

Once the legal and insurance stuff is sorted out, it’s time to look at on-the-ground considerations. Before you set up, check that you’re not in direct competition with existing operations or rival companies that already have a loyal customer base. It will be hard to draw those customers over to your shop unless you have a pretty impressive USP.

#9 – Building the brand

It’s actually easier to build a brand online than it is to develop a strong customer base in the ‘real’ world. Most high street shops rely on passing trade, so ensuring you’re in a prime location to attract that trade is key. But you will also need to develop an inclusive marketing strategy that involves every aspect of your business, from online sales to advertising campaigns.

#10 – Have a plan

You’ll be hard pushed to get a business loan without a comprehensive and very detailed 5-year business plan. But even if you don’t need to apply for a loan from the bank, still have that plan. It helps to have a roadmap of your ambitions, aspirations and developmental process so that your business has a sustainable growth structure for the foreseeable future.

At-Will Employment

Employment Authorization

Non-Competes

Privacy

1. What are the employee-shareholder proposals?
2. Why does the Government think the proposals are a good idea?
3. How were the proposals received in the House of Lords?

What are the employee-shareholder proposals?

Why does the Government think the proposals are a good idea?

How were the proposals received in the House of Lords?