What happens if I have an accident in France, then?
French law is different: victims of an accident or medical negligence in France can claim a second (or more) time(s) if their condition deteriorates to an extent that was not envisaged at the time of the initial settlement or judgment.
How can I claim a second compensation?
If you suffered a serious accident in France in the past and already received compensation but your condition has gone worse, you may be entitled to make a new claim for the additional damage, pain, suffering, incapacity, care needs and any financial losses associated with the aggravation.
Any new compensation will be on top of what was awarded initially, i.e., not for the same damage, but for the additional damage.
The extent of the aggravation will have to be confirmed by a medico-legal expert, attributed to the original incident and sufficiently severe to increase your level of suffering, your permanent incapacity, your needs for care and assistance, your ability to work etc.
What type of aggravation can I claim for?
This may involve, for instance: surgical intervention to a limb, joint or other part of the body that was initially injured (including joint replacement / prothesis), the development of osteoarthritis to the extent that further treatment is required, or that you are now unable to work and/or to function independently.
Because an aggravation claim is always made by reference to the initial claim, it is crucial to have the documents related to the original claim, such as the medical expert’s report(s) and the terms of settlement or judgment.
For what type of accidents can I claim a second time?
It is possible to make a second (or more) claim for all types of incidents, including:
- road traffic accidents
- falls, slips & trips
- cycling accidents
- skiing and snowboarding accidents
- accidents in a public place such as a hotel, airport, restaurant, night-club, leisure centre
- injuries resulting from a criminal act
- medical negligence.
Is there a time limit?
It does not matter when the accident occurred: it may be as long as 10, 20 or even 30 years ago. What is important is to identify when your condition started to deteriorate, and when the aggravation stabilised: these are medical questions which will be subject to expert evidence. When the aggravation is considered ‘consolidated’ (stabilised), you will still have 10 years to start a claim. However, you should not delay seeking legal advice, as this is not necessarily a straightforward question.
Example of a second compensation claim
Our client D.T. was struck by a bus in France in 1995 when he was aged 18 and suffered severe pelvic/hip fractures and internal injuries. After his initial rehabilitation, he instructed lawyers in France to pursue a claim for him against the bus company. D’s compensation was set by the court in a judgment in 2008, for his pain and suffering, temporary incapacity, permanent incapacity according to the experts at the time, and other heads of loss, such as his care needs.
A few years later, D.T. had to have hip replacement surgery. It was known at the time of the first claim that there was a high risk in the future that he would need a hip replacement, but this was not subject to compensation at the time. Once the risk realised (i.e., he underwent surgery), he was able to claim for the pain, suffering and temporary incapacity since his hip became so bad as to require the surgery and until consolidation after the operation, as well as his care needs related to the aggravation, and the additional permanent incapacity he suffered after the aggravation and for the foreseeable future.
Whilst his initial claim was ordered in the region of what would now be about £400,000, he obtained a second settlement of over £300,000.
Contact our specialists in foreign accident claims, and we’ll help you understand whether you have a claim for compensation.
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After UK Finance raised the alarm about erroneous filings at companies house, what does this mean for lenders who rely on this information?
UK Finance, the trade association for the banking and financial services sector, has warned its members that hundreds of erroneous filings were submitted at Companies House in February 2024. The Financial Times said that the roughly 800 filings related to 190 companies. These filings appeared to show property owned by the corporate borrowers subject to security had been incorrectly released. Lenders will obviously be concerned that such releases may impinge on the ability of lenders to take possession of the asset in case of failure to repay by the borrower. It appears that the filings have been made fraudulently, without the knowledge of the companies or the lenders.
Does this make the security invalid?
It is worth noting that an incorrect release on the public register on Companies House does not release or invalidate the security. The formal way to release English security granted by an English company is for the parties to execute and complete a deed of release. Charges over certain assets require further formalities before the charge is released, for example a legal charge over land registered at the HM Land Registry, requires the form DS1 to be executed by the chargeholder.
If the scrutiny is still valid, why does it matter?
Whilst the underlying security itself is not released due to the erroneous filings, there are other consequences that should be considered by lenders. Lenders do rely on the public register to check whether they will be first ranking on insolvency or whether there is prior ranking security in place before they make available facilities or extend credit. An inaccurate register could obscure the priority position of charges in respect of a company potentially exposing lenders to unexpected risks when providing loans.
Although a Companies House spokesperson stated that they would use the new powers available to them under the Economic Crime and Corporate Transparency Act 2023 to remove the related filings. It is also worth noting that, under the Companies Act 2006, it is a criminal offence for a person, without reasonable excuse or knowingly, to deliver or cause to be delivered to the registrar a document that is misleading, false or deceptive.
What can a lender do if they suspect their security is incorrectly registered at Companies House?
It is highly recommended that lenders check their security is correctly registered at Companies House. Additionally, lenders should, as a matter of course, set up alerts and subscribe to the Companies House using the “Follow this company” function Follow companies for free – GOV.UK (www.gov.uk) for all companies that have granted registerable security in favour of the lender. This would notify the lender if a charge is marked satisfied at Companies House incorrectly.
There is a rise in fraudulent filings at Companies House, if lenders are aware of any incorrect filings, they should notify Companies House immediately. Companies House may exercise their new powers allowing the Registrar to remove filings where:
- information in a document is false;
- a document has been sent without the company’s knowledge or authorisation; or
- a document records a transaction that never occurred.
Lenders should also act promptly to avoid any allegation that they have consented to the release of security. Whilst the release of security has to be formally documented as set out above, a delay in acting when the lender has actual knowledge of the incorrect filing could be constructed as a waiver. In the case of fraud, this argument is unlikely to succeed.
Our expert banking lawyers are on hand to assist
If lenders are concerned or have any thoughts in relation to the issues set out in the article, please contact us below:
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What are the different types of flooding that impact properties?
There are four main different types of flooding:
- River flooding
- Coastal flooding
- Surface water/pluvial/flash flooding- responsible for over 60% of UK flooding
- Ground water
Surface water flooding is responsible for over 60% of UK flooding. However, in January 2024 it was river flooding that saw the devastating effects on the town of Marlborough, causing many homes and businesses to be evacuated. This included our Marlborough office team, but thankfully we were one of the lucky ones, and avoided any damages to our facilities.
What are the possible consequences of flooding?
- Structural damage
- Contamination of carpets, soft furnishings, personal effects etc
- Stress
- Lack of services and utilities
- Relocation
- Potential loss in value
- There may be a delay with contacting insurance companies, builders etc if multiple properties in your local area, and insurance premiums may rise as a result.
What checks should be made if you are purchasing a property at risk of flooding?
There is certain due diligence which should be undertaken before exchanging contracts –
- Make enquiries with the seller with regards to past flooding. The seller of a residential property should complete the Law Society Form TA6 which will provide you with information on this.
- Ensure sufficient and acceptable insurance is available.
- Obtain a desktop search. Information is provided in the environmental search which your lawyer will obtain for you as part of the suite of pre-exchange searches, if required by you and your lender.
- Check what public flood defences are in the local area.
- Speak to your surveyor or obtain a specialist flood report.
You should also consider making a flood plan and signing up for warnings once contracts have been exchanged.
Can I ensure a property at risk of flooding?
With regards to insurance, Flood Re is a scheme which was started in April 2016 and caps the premiums payable for homeowners under their policy. This is due to expire in 2039, and whilst helpful for many residential properties, the following properties are not eligible under the scheme:
- Commercial properties
- Properties built after January 2009
- Mixed use property
- Buy to let residential properties
- Purpose built block of flats
- Properties converted in to four flats
The Association of British Insurers has some helpful guidance with regards to flooding on its website and further details can be found on the government website here.
If you are selling a property, then you will also need to ensure that you disclose any previous flooding in the Property information form.
Thinking of purchasing or selling a property at risk of flooding?
Our residential property department would be delighted to assist you. Contact us now to find out how we can make the your purchase or sale go as smoothly as possible.
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1. How much ground rent is payable on a leasehold property?
Whilst you will own the leasehold title to the property, the Freehold will be owned by the Freeholder/Landlord.
Whilst some lenders may accept ground rent increases linked to the retail price index (or a similar index), they will not accept ground rent escalation based on unreasonable multipliers. The ability for ground rents to exceed £250.00 per annum outside of London and £1,000.00 inside of London has also become the subject of much debate.
2. How much are service charges on leasehold properties?
Service charges are payments towards the upkeep of common areas, which may include the roof, building exterior, hallways, stairs, gardens and parking areas. The lease should state the percentage you are required to pay, however, the amount will vary depending on how much work is required to those areas that year. There may also be payments required towards insurance or a sinking/reserve fund.
If any major works are required, then the management company should notify you of these by way of a section 20 notice.
3. What is the length of the lease? And can it impact on lending?
If the term of the lease is below 85 years this may not be acceptable to a lender and you may need to consider a lease extension.
4. Has the Building Safety Act been complied with?
Following the Grenfell tragedy, the Government has imposed regulations in relation to cladding, fire safety and the certification required. You can find out more information on The Building Safety Act below, but please discuss any concerns with your surveyor.
5. Are there any covenants or restrictions that might affect my use of a leasehold property?
The lease may impose positive and restrictive requirements on the owner of the property, stating what you can and cannot do at the property. This may include that you cannot rent out the property, use it for anything other than a private residence, make alterations, or require consent for keeping pets.
If you are looking to purchase the property as a buy to let, or air B and B the requirements could affect your enjoyment of the property, and you should therefore establish this at an early stage.
You will find useful information about living in a leasehold property and what rights that you have under the law as a flat owner at the Leasehold Advisory Service here: www.lease-advice.org.uk
Recommendation: It is important that you review the financial and structural considerations when purchasing a leasehold property, alongside the terms of the lease.
Thinking of purchasing or selling a property?
Our residential property department would be delighted to assist you with the sale or purchase of a leasehold property and to review the terms of the lease of the property.
Contact us now to find out how we can make the your purchase or sale go as smoothly as possible.
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Stage 1. Instruction
For buyers, once a property has been found, and an offer formally accepted, the next step is to instruct a solicitor or conveyancer to legally complete the purchase. Similarly, if you are selling a property, instruction takes place after you formally accept the offer. Usually, when estate agents are involved, they will help you navigate this part.
When should you instruct your solicitor?
For sellers, it may be useful to instruct solicitors when the property has been placed on the market – even before you have accepted an offer. This helps prevent delays as the solicitor will have to complete their new client onboarding process. Once you have completed your onboarding process, they will then ask you to complete various forms including the Law Society protocol forms which contains information about the property. Having these forms completed prior to finding a buyer can speed up the process of the transaction; allowing the seller’s solicitor to swiftly progress into producing the contract papers.
Stage 2. Contract Papers
For sellers, during the file opening process they will be asked to complete various forms about the property which are standard and set by the Law Society. These will form part of the ‘contract papers’.
Upon confirming instructions, it is the seller’s solicitor’s responsibility to issue these documents, which include:
- the draft contract,
- a copy of the land registry title
- and the completed law society recommended forms as part of any standard transaction.
For leasehold transactions, a copy of the lease is also supplied to the buyer’s solicitor along with the freehold title. The purpose of these is to give the buyer’s solicitor information about the property upon which they base their investigations and raise enquiries as well as commencing their standard searches.
Do I need to do a structural survey when buying a property?
As a buyer, it is highly recommended that a structural survey is carried out. The conveyancer can only assist with legal points, they are not specialists with respect to the structure of the property. It is important to note that the seller is not under any legal obligations to make the buyer aware of any defects (structural or otherwise) and the buyer should be satisfied before exchanging contracts and this is known as ‘caveat emptor’ or let the buyer beware.
Stage 3. Searches and Title investigation
Following receipt of the contract papers, buyers will be expected to make a deposit to their solicitor firms account for the purposes of ordering searches. These will be used to find out vital information about the property and the chosen searches will depend on the property, its location and specific circumstances to the transaction. The most common searches are:
- Local authority
- Environmental
- Water and drainage
- Flood risk
- Mining searches
On leasehold transactions, the buyer’s solicitor will also request a management information pack which is an additional pack (at the cost of the seller) containing additional information about the property, such as details of any major works, service charge and ground rent.
What happens when property searches have been completed?
Once the searches are returned, further enquiries may be raised based on the results. If the buyer has any specific enquiries they wish to raise, they should also let their solicitor know. It is important to remember that the conveyancer does not see the property therefore they rely on the structural survey, the title documents, the lease, sellers’ forms and search results.
If purchasing with a mortgage, and the lender wishes to instruct the buyer’s solicitor to act on their behalf as well, they will review the UK Finance Mortgage lender’s Handbook (also known as CML) or for Building Societies it is the Building Societies Association to ensure the lenders requirements are met in preparation for completion.
Stage 4. Reporting and signing contract documentation
Sellers will usually be asked to provide their assistance with relevant enquiries raised by the buyer’s side and provide replies. Once the buyer’s solicitor has received satisfactory replies, they will proceed to the reporting stage. The report will include important information to note about the property, searches and mortgage offer and enclose the documents that the solicitor has reviewed and referred to.
At this point, both buyer and seller will be provided with the documentation that they are required to sign, for example if the buyer is using mortgage finance then a mortgage deed will be sent along with the contract, transfer deed and stamp duty form. Provided that the buyer is happy with the contents of the report, once the signed documents are returned to their respective solicitors or conveyancers, both parties can prepare for exchange of contracts.
The two main legal documents for the seller to execute is the contract and transfer deed. The contract is a legally binding document which promises that a sale will take place on the agreed completion date and both parties becomes bound to sell and purchase the property. If the contract is breached, various penalties are available, mainly the loss of the deposit. The transfer deed is the formal and legal document that transfers the property from the seller and into the buyer’s name.
Stage 5. Exchange
What happens when you exchange on a property purchase or sale?
Upon receipt of the signed contracts the buyer will arrange to send their solicitor a deposit which is usually 10% of the purchase price (although a lower deposit of 5% can be agreed). Once a date for completion has been agreed and authority has been obtained, the solicitor for both parties will exchange contracts. There are three main methods by which an exchange can take place and depending on whether there is a chain, the solicitors will agree on the best method. On exchange, if there is a mortgage on the property, the seller’s solicitor will obtain a redemption statement so that they know what the balance is to pay off the mortgage. From a buyer’s perspective, the solicitor acting will submit a certificate of title (COT) to request the mortgage advance for completion.
A final completion statement will be issued to the buyer and seller – the buyer’s statement will outline the balance remaining to pay for completion and the seller’s statement will outline the amount that will be paid out and the balance due on completion.
Stage 6. Completion
What happens when you complete on a property purchase or sale?
Completion takes place when the seller’s solicitor is in receipt of the completion funds.
On this day, the balance of the purchase price, taking into account any apportionments such as service charge and ground rent (minus the deposit as this is paid on exchange), is sent to the seller’s solicitor. Upon arrival, completion is confirmed and the keys will be released which means they are available to pick up from the estate agent (or seller direct).
Stage 7. Post Completion
The final stage of the transaction involves the buyer’s solicitor paying any Stamp Duty (if applicable) registering a charge at Companies House (for company clients) and applying to the Land Registry to register the buyer as the new owner and registering the legal charge if there is a mortgage. Depending on the lease obligations, notices and deeds of covenants may also be required.
Once the solicitor has received the updated title documentation showing the buyer as the legal owner of the property, a copy will be forwarded to the buyer for their records. The seller’s solicitor will ensure the relevant fees are paid out (such as the redemption of mortgage and estate agent fees) and then the file is then closed.
Thinking of purchasing or selling a property?
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International Women’s Day, celebrated worldwide on 8 March each year, highlights women’s achievements, struggles, and their right to gender equality, while also highlighting their contributions to culture, politics, and society across various sectors.
The campaign theme for International Women’s Day 2024 is Inspire Inclusion.
Everyone in your organisation has a part to play in inspiring inclusion. Inclusion is not just about equality, to truly include women means to openly embrace their diversity of race, age, ability, faith, body image and how they identify.
Whilst we reflect in our organisations about what we can do to inspire inclusion, it is helpful to look at the legal frameworks that support inclusive workplaces and focus on the changes due this April.
Flexible Working
Millions of people across the UK are now working flexibly. Flexible working can take lots of different forms, including working from home, job sharing, compressed hours, part-time and term-time working. Women are three times more likely to work part-time and nearly four times more likely to work term-time only than men.
On 6 April 2024 significant amendments to the flexible working regulations will reshape the employment landscape in England and Wales. The prevalence of flexible working arrangements has surged post-pandemic, and despite their intended flexibility, current regulations do not go far enough to support working mothers and carers, proving rigid and unforgiving.
What’s the current position?
Requirements for employees to be office based or full-time indirectly discriminate against women as primary caregivers. With the rigidity of the current flexible working regulations, arguably the regulations too have the same indirect discriminatory effect.
Employees are currently required to complete 26 weeks of continuous employment to be eligible to request flexible working arrangements and they are limited to only one request every 12 months. These prerequisites and limitations imposed by the current law fails to accommodate the realities faced by many women, balancing work and care duties. Consequently, women often encounter obstacles in advancing their careers.
What are the new flexible working regulations?
On 6 April 2024, the newly approved Employment Rights Bill (Flexible Working) will come into play meaning that:-
- Employees will have a “day one” right to request flexible working arrangements, instead of waiting 26 weeks;
- Employees can make two flexible working requests instead of one (in any 12 month period);
- Employers must respond within two months to any flexible working request, instead of three (albeit this can be extended by agreement);
- Employers must consult with the employee before rejecting a flexible working request; and
- Employees will no longer need to explain what effect, if any, the flexible working request would have on the company and how it could be dealt will be removed.
The eight statutory grounds for rejecting a flexible working request remain unchanged.
Expanding the flexible working regime marks a progressive change aimed at enhancing employee engagement, retention and attracting a broader talent pool. However, it is important to recognise that while supportive of women, these changes do not fully eliminate the risk of indirect discrimination, particularly concerning rejected requests related to childcare. Employers should be mindful of this.
Carer’s Leave – why does it matter?
The 2021 census confirmed that around 5 million people in the UK are unpaid carers – that’s 10% of the UK’s workforce. Unsurprisingly 59% of unpaid carers in the UK are women, with 58% coming from black, Asian or other ethnic minorities.
From 6 April 2024 employees will now have a statutory right to a week’s unpaid leave to care for a dependent who has a long term care need. This new right will be a “day one” right, meaning that there is no minimum service requirement.
Understanding Carer’s Leave – the key factors
- There is no requirement to evidence the reason for the leave request – this is reassuring given the challenge of managing sensitive personal data or medical information relating to third parties;
- It’s flexible – employees can book the leave using a minimum of a half day, and there is no need to book consecutive days;
- Employee’s are required to give notice of their intention to take the leave, which must be twice the length of the leave requested (eg an employee would need to give four days notice to take two days leave) or three days notice, whichever is the longest; and
- Employers cannot refuse a request for the leave, although there are circumstances in which the leave can be postponed.
How can HR professionals prepare?
As HR professionals, it is important to proactively review and update your company’s existing flexible working policies to explicitly acknowledge the new regulations.
Employers should therefore:-
- Inform your workforce of the upcoming changes;
- Educate your people managers about the potential sensitivities and legal risks of incorrectly dealing with a request, and train them on how to deal with requests;
- Update or create policies to implement the changes;
- Anticipate a surge in requests this April. This means that it is essential to have robust processes in place to promptly review and respond to applications.
Are you prepared for the changes relating to flexible working and carers leave?
If you would like help updating your company’s policies or providing training, contact to a member of RWK Goodman’s Employment team who will be happy to assist.
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We all heard the rumours in the press and media that Jeremy Hunt was considering making changes to the current SDLT rates to help boost the Housing Market, and, in his budget yesterday, he finally announced some changes, but not in a way that any of us expected! Rather than announcing any form of reduction or additional reliefs, he instead will abolish Multiple Dwelling Relief saying that the Government felt the relief was being abused by certain purchasers. This is clearly a significant change and will be a blow for many property investors.
Being such a hot topic, we thought it would be useful to have a reminder of how stamp duty first came about and what rates apply today.
History of Stamp Duty Land Tax
Today, SDLT is a mandatory tax on land transactions involving any estate, interest, right or power in or over land in England and Northern Ireland. However, the concept of stamp duty was first introduced in 1694, during the reign of William III and Mary II, where a tax was levied on all purchase transactions as a method of paying towards the war against France. Stamp duty was originally intended to last only four years (until the end of the war), but the concept has remained and now exists in the form of SDLT.
Stamp duty was initially used on purchase transactions which typically involved documents such as newspapers and advertisements, and other goods such as hats, gloves, and medicine. Stamp duty used to be a fixed amount, but in 1808, stamp duty on transfers of land and shares became a tax on a proportionate value of whatever was being transferred – much like it is today. Over the years the scope of stamp duty was largely reduced, until on 1 December 2003 (under the Finance Act 2003) it was largely abolished and only SDLT remained.
Current SDLT rates
From 23 September 2022, payment of SDLT is triggered on purchases of residential properties over £250,000, and the amount you pay is calculated in increasing portions of the property price. Rates for a single property are outlined below:
Property or lease premium or transfer value | SDLT Rate |
Up to £250,000 | Zero |
The next £675,000 (the portion from £250,001 to £925,000) | 5% |
The next £575,000 (the portion from £925,001 to £1.5 million) | 10% |
The remaining amount (the portion above £1.5 million) | 12% |
The amount you pay will also depend on whether any exemptions/reliefs apply or whether a special rate applies:
Multiple Dwellings Relief: In 2011, the government introduced Multiple Dwellings Relief (MDR) to encourage investment in residential property. MDR was available for purchasers of residential property who acquire interests in more than one dwelling in a single or linked transaction. The purpose of MDR was to reduce the rate of SDLT on the purchase of more than one dwelling, so that it was closer to the rate that would apply if the dwellings were purchased separately in a different transaction. As per the new spring budget, from 1 June 2024, MDR will be abolished.
First Time Buyer Relief: If you are a first time buyer, SDLT will only be payable on residential properties over £425,000 (if the property is worth £625,000 or less). 5% SDLT will then be payable on the portion from £425,001 to £625,000. If the purchase price is over £625,000, you cannot claim the relief and the above rates for a single property apply.
Higher Rates for Additional Property: If you acquire an additional property, you may be subject to a higher SDLT payment. You will usually have to pay an additional 3% on top of the standard SDLT rate for second homes. Note that there are exceptions to this if you are replacing your main residence.
Higher Rates for “Non-UK Residents”: From 1 April 2021, a 2% surcharge is applicable to all ‘non-resident transactions’. Therefore, if you are not present in the UK for at least 183 days (6 months) during the 12 months before your purchase you may be considered as “non UK resident’ for the purposes of SDLT.
Higher Rates for Corporate Bodies: SDLT is charged at 15% on residential properties costing more than £500,000 bought by certain corporate bodies or ‘non-natural persons’ eg a company or partnership.
Written by Mark Scott (Partner) and Victoria Long (Trainee Solicitor) in the Property Conveyancing Team of RWK Goodman, London office.
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What postpartum symptoms should not be ignored?
There can be many symptoms caused by maternal sepsis, and not everyone who is diagnosed with sepsis will experience all of them.
Some symptoms which should not be ignored and for which urgent help and treatment should be sought, include, but are not limited to:
- fever;
- chills/shivering;
- unpleasant smelling, or change in colour of, vaginal discharge;
- a sudden increase in vaginal bleeding;
- lower abdominal pain;
- diarrhoea, nausea and/or vomiting;
- confusion;
- rapid heartbeat;
- breathlessness;
- mottled or discoloured skin (skin rash).
How should maternal sepsis be treated?
Maternal sepsis can occur at any time during pregnancy or, usually, within the first six weeks of delivering a baby.
Sepsis can be difficult to diagnose, but when it is, effective and quick treatment is needed to avoid severe complications.
Treatment will usually include broad spectrum antibiotics given intravenously in hospital to fight the infection.
Antibiotics can also be given to the baby after they are born as a precaution, to prevent them from getting the infection, if there is a concern that the sepsis may have passed from mother to baby.
If treatment is not given quickly, then further complications can develop.
Is sepsis a cause of maternal death?
Sadly, the Sepsis Trust reports that maternal sepsis is a significant cause of maternal-related deaths worldwide, with a 10% mortality rate in the UK.
The National Childbirth Trust reports that maternal sepsis is the third most common cause of maternal death in the first six weeks after birth, in the UK and Ireland. It is imperative that early diagnosis and treatment of sepsis occurs to prevent deaths in new mothers.
How common is sepsis after c-section?
Sepsis can occur as a result of a number of factors, but there are additional factors which will put a mother at risk of suffering with sepsis during or after birth. Undergoing surgery, such as a caesarean section, can increase the likelihood of infection and sepsis developing. This is because the body is open to the introduction of bacteria into otherwise sterile environments, and a c-section is major abdominal surgery.
To help prevent an infection which could lead to sepsis following a c-section, the wound/scar area should be kept as clean and dry as possible.
Other risk factors for developing infection and sepsis during or following childbirth include, but are not limited to:
- the premature rupture of membranes (early breaking of waters);
- a prolonged period of time between the rupture of membranes and delivery (more than 24 hours);
- gestational diabetes;
- induction of labour;
- a history of Group B Streptococcal infection;
- any medical condition that weakens the immune system.
Case Example
If you have experienced maternal sepsis, as birth injury solicitors we may be able to help. The case below highlights what happened to one of our clients:
Our client was diagnosed with gestational diabetes and, shortly prior to the birth of her baby, developed a thick, yellow, foul-smelling discharge. A high vaginal swab was taken but the results were never reviewed. The results were that of Group B Streptococcal infection, for which our client did not receive any treatment. She was admitted to hospital 24 hours after her waters broke at home but her labour was not progressed adequately by the hospital. Our client began suffering with a high temperature, vomiting and feeling very cold and shivery. Her lips and hands turned blue and she began to feel very confused and was unsure of what was going on around her.
Eventually she was diagnosed with sepsis and was given broad spectrum antibiotics to treat the infection. She underwent an emergency c-section to deliver her baby, 41 hours after her waters had broken. Our client, and her baby, required a prolonged course of antibiotics and stay in hospital, and she now suffers psychologically from the trauma she experienced during the birth of her baby girl.
Our maternal injury solicitors are here to help when you’ve experienced negligent treatment of maternal sepsis.
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The CQC’s new Single Assessment Framework (“SAF”) inspection regime has now been rolled out across the country and as with any new approach to inspection it is common for there to be uncertainty and confusion around it. A number of organisations have also commented publicly on the fact that the SAF appears to make it deliberately difficult for providers to challenge the CQC. I share these concerns but whilst the SAF (in its current form) exists, it is vital that providers familiarise themselves with the new process as best they can.
How will continuous monitoring change the way that ratings are given?
Under the SAF, CQC Assessors will continuously monitor quality, safety and risk for services in their area and evidence will be gathered in a variety of ways, not just through inspections. Ongoing assessment means that the CQC will have the ability to update ratings more regularly instead of only after an inspection. Evidence that the CQC collects or information received can trigger an assessment at any time.
How will the new quality statements and scoring impact on ratings under the SAF?
The five key questions (is the service Safe, Effective, Caring, Responsive and Well-led?) and the four ratings of Outstanding, Good, Requires Improvement or Inadequate remain the same but within the ratings, the CQC will use a scoring framework which assesses the quality of a service.
34 new quality statements have been introduced under the key questions and they replace the previous Key Lines of Enquiry (“KLOEs”). These quality statements known as “We” statements (i.e “We the provider”) link to the relevant regulations and set out what providers are doing in their service.
The CQC scores each quality statement under the key questions by considering the following six evidence categories:
- People’s Experiences (“I” Statements)
- Feedback from staff and leaders
- Feedback from partners
- Observation
- Processes
- Outcomes
Depending on what the CQC finds, it will assign a score of 1-4 to each evidence category as follows:
1 = Evidence shows significant shortfalls in the standard of care
2 = Evidence shows shortfalls in the standard of care
3 = Evidence shows a good standard of care
4 = Evidence shows an exceptional standard of care
Evidence category scores are added together to give a quality statement score. Quality statement scores are then combined to give a total score for each key question.
Ratings for a service are based on adding up scores from each quality statement which will then be considered against the maximum score that could have been obtained. This is converted into a percentage score to give an overall rating. The key question percentage scores are set out below:
- 25 to 38% = Inadequate
- 39 to 62% = Requires Improvement
- 63 to 87% = Good
- over 87% = Outstanding
The CQC can update scores for different evidence categories at different times. Any changes in evidence category scores can then update the existing quality statement score and in turn the overall rating. The CQC’s rationale for using a scoring system as part of its assessment is that it will assist providers by giving an indication of how close the service is to another rating. The scores will also help the CQC determine if quality is moving up or down within a rating.
Providers should note that rating limiters which were previously only relevant to the Well-led key question will now apply to all key questions equally under the SAF. An example of this is if a key question score is within the Good range but there is a score of 1 for one or more quality statements, the rating would be limited to Requires Improvement.
Factual accuracy check and new inspection reports
Following an inspection, the CQC will email providers a link to view the draft inspection report online. Providers will then be able to enter comments about factual accuracy against each section of the draft report and upload evidence to support any challenges they are making. The 10 working day time limit to submit factual accuracy comments remains the same.
Inspection reports under the SAF will be shorter in length and reports will contain sections for each area of the framework that the CQC has looked at during the assessment including providing an overview of the service, the key questions that were assessed and the quality statements that were considered under the key questions. For any quality statements that have not been considered during an assessment, they will be pre-populated based on a provider’s previous rating.
How is the CQC’s provider portal changing?
The CQC’s new provider portal will be available to all providers to join from 11 March 2024 and the existing provider portal will become read-only which means that providers will no longer be able to use that portal to make changes or send new information.
From 11 March 2024, providers will be able to submit the following notifications through the new provider portal:
- SN16: Death of a person using the service
- SN17: Death of a detained mental health patient
- SN18: Allegations of abuse
- SN18: Outcome of an application to deprive a person of their liberty (DoLS)
- SN18: Events that stop a service running safely or properly
- SN18: Police involvement in an incident
- SN18: Serious injury to a person using a service
Providers need to ensure that the contact details that the CQC holds for their organisation are correct as providers will need to sign up to the new portal using an email address that the CQC has on record.
What’s next and what can care providers do in the meantime?
The CQC has said that it will learn from feedback received from providers about the SAF and will review how it is working and timescales involved until the end of June 2024.
The CQC will then decide the frequency of assessment based on what it has learnt over the first six months, its view of regulatory risk and issues affecting health and care systems. Once the new frequencies have been decided, the CQC will publish a schedule for planned assessments.
Whilst the sector awaits further information and guidance, providers need to ensure that they are familiar with the 34 quality statements and understand how they link to the specific evidence categories, in particular the “I” statements, as this will be a key area of focus for the CQC.
If your service is experiencing any issues with the CQC it can be helpful to seek specialist legal advice. Our lawyers at RWK Goodman can assist with this. For further information, call:
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Whilst the announcements about the temporary business rates support package made by the Chancellor in the Autumn 2023 were welcomed by the industry, calls remain for an urgent reform of the business rates system to support struggling hospitality businesses.
Business rates are an annual tax calculated by the ‘rateable value’ of a commercial property (which is decided by the Valuation Office Agency) being multiplied by the tax rate (known as the multiplier which is set by the Government) before any business rates relief are applied.
The need for business rates reform has also been acknowledged by the current Government as they have been reviewing business rates for a while, with the stated intention to simplify and modernise the system.
The Autumn Statement 2023
In November 2023, the Chancellor announced a business rates support package, to take effect from 1 April 2024, which included:
- extending until 31 March 2025, the existing 75% business rates relief on eligible properties used for retail, hospitality, and leisure subject to a limit of £110,000 per business.
- freezing the small business rates multiplier, which applies to properties where the rateable value is below £51,000. Without the freeze, the multiplier would have increased by the CPI measure of inflation.
The standard business rates multiplier which applies to properties with a rateable value of £51,000 or more was not frozen. That standard business rates multiplier is due to rise by 6.7% from April 2024 (in line with CPI inflation).
How has it been received by the industry?
Freezing the small business rates multiplier (which applies to properties with a rateable value of below £51,000) has limited impact on the hospitality sector where a significant proportion of the sector operate from larger premises and are subject to the standard business rates multiplier. Kate Nicholls of UKHospitality, the trade body for the industry, stated “The standard multiplier affects businesses representing two-thirds of hospitality’s trade and it’s hugely disappointing that the higher September figure was used, which will see rates rise by £150 million”.
One of UKHospitality’s key asks of the Chancellor ahead of the Spring Budget is for a 3% cap on the standard business rates multiplier that is due to rise by 6.7% from April 2024.
Despite the temporary measures which were announced by the Chancellor, the hospitality industry is urging the Government to make permanent changes to reform business rates as the present business rates system has been criticised for being outdated and unfair.
Emma McClarkin, Chief Executive of the British Beer & Pub Association states “urgent root and branch reform is still needed to make business rates fit for the 21st century; the Government doesn’t recognise the completely archaic nature of the current system”.
The most widely cited criticism is that there is inequality between the tax treatment of physical bricks and mortar businesses which are subject to business rates and online businesses which can operate without high value premises.
Where are we now?
The Hospitality sector was one of the hardest hit during the pandemic. The industry is recovering from the pandemic but it continues to face major challenges with pandemic related debts, costs of living crisis, staff shortages and escalating operational costs.
Without Government action the hospitality industry will continue to struggle to survive.
UKHospitality have set out a 3-point plan to help the hospitality sector achieve its potential, They are calling for Apprenticeship Levy reform and a lower rate of VAT for hospitality, leisure, and tourism. They are also asking for an urgent root and branch reform of the business rates system.
The Spring Budget on 6 March 2024 is an opportunity for the Chancellor to announce measures to support the industry and promote growth and investment. Whilst the Chancellor has stated he wants to lighten the tax burden, the predictions are that the Chancellor will not be prioritising tax cuts to assist businesses but will instead focus on personal tax cuts to please voters in the run up to the General Election.
It seems that the calls will continue for the Government to provide the hospitality sector with the support it needs to survive, grow and thrive with one important measure being the fundamental systematic reform of the business rates system.
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What causes Ogilvie syndrome?
The cause of Ogilvie syndrome following caesarean section is unknown.
What are the symptoms of Ogilvie syndrome following caesarean section?
Early recognition of Ogilvie syndrome following caesarean section is essential to avoid bowel perforation.
Symptoms occur in the first 72 hours after delivery and include;
- abdominal distension, i.e. where the abdomen is visibly and abnormally swollen;
- impaired bowel function;
- abdominal pain.
The majority of perforations occur by the fifth postoperative day. It is therefore important that the symptoms are recognised early to avoid perforation occurring.
How is Ogilvie Syndrome diagnosed?
Diagnosis of Olgivie Syndrome is by radiography and CT scan.
If the caecal diameter is greater than 10m on radiograph this is indicative of a significant risk of impending perforation and a CT scan is required to confirm diagnosis.
What treatment is available for Ogilvie Syndrome?
Initial treatment includes:
- no oral intake;
- nasogastric decompression, where a tube is placed to your stomach via your nose to remove its contents;
- correction of fluid and electrolyte disorders, usually intravenously;
- reduction or discontinuation of drugs that inhibit gastrointestinal mortality (eg, stopping painkillers such as opiates);
- treatment of any infection with antibiotics;
- if caecal dilatation is significant urgent colonoscopy to decompress the colon is required to avoid perforation.
Can you sue after developing Ogilvie syndrome?
Yes, there can be circumstances where substandard care in the treatment of Ogilvie syndrome has caused an injury.
As maternal injury solicitors, the cases we see tend to arise because there has been a failure to diagnose Ogilvie syndrome following caesarean section and therefore a delay or failure to treat the condition.
We have helped clients who have suffered from ogilvie syndrome and didn’t receive the correct treatment and some of our client stories are set out below:
Example one
Our client had her second baby via caesarean section. Following the delivery, she felt something was not right. Her stomach was severely bloated, and she suspected her bowel was in ileus but she was repeatedly told everything was normal. The following day an x-ray was performed because she was vomiting, and her symptoms were getting progressively worse. The x-ray showed faeces in the colon. Despite this, she was discharged.
Later that evening, our client suffered severe pain in her stomach. She attended A&E and a CT scan was performed. The scan revealed that her bowel had ruptured and she underwent emergency surgery. She was told that her caecum had burst and that it had been necessary to remove a substantial section of her colon. She had two colostomies in place, but was told they were reversible.
Our client’s injury affects most of my daily life, something as simple as eating onions or leeks causes her to bloat and causes severe pain, which triggers memories of her bowel rupturing and the surgery she underwent. Her toileting habits have changed. She needs to be near a toilet as when she need to pass faeces, she has to go immediately. Our client has experienced episodes of incontinence.
What has happened has also affected her decision to have further children. Our client has been told that there is a risk of Ogilvie Syndrome happening again, and it is a risk that she and her husband are not prepared to take.
Example two
Following the birth of her baby via c-section, our client was struggling with symptoms of excessive vomiting, diarrhoea, and stomach pains. A radiograph was undertaken and indicated a significant risk of Ogilvie’s syndrome but no further tests were carried out.
The symptoms continued for a further three days until our client was finally offered a CT scan. The scan revealed that she had in fact suffered a bowel perforation and she underwent emergency surgery for faecal peritonitis. Our client was fitted with a ileostomy bag for 10 weeks. Her recovery was further complicated as the surgical wounds became infected.
Our client was understandable very traumatised by the experience and experienced a period of depression which impacted her ability to bond with her new-born baby.
Example three
Following a planned c-section, our client experienced significantly high blood pressure coupled with little to no bowel movement.
The following day, she was given oral morphine to alleviate the severe stomach and lower back pain she was experiencing.
Two days passed and, whilst she was able to pass urine, she continued to struggle with little to no bowel movement. An abdominal x-ray displayed signs of paralytic ileus for which she was prescribed glycerine suppositories, which had no effect.
Bloods were taken and our client was informed she had an infection.
After repeated requests for an abdominal scan, our client was finally assessed where it became apparent that her bowel had perforated. She underwent a laparotomy resulting in the removal of her appendix. Thankfully, the operation was a success and she did not need a colostomy.
However, the trauma of the experience impacted on our client not only physically but psychologically. She began experiencing psychotic episodes and subsequently made an attempt to take her own life. Her husband has to leave his job to provide the round-the-clock care that she and their newborn baby needed.
If Ogilvie’s syndrome has left you with permanent injuries, knowing it could have been prevented is hard. We can help you to seek the compensation you deserve.
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