Inspectors from the Care Quality Commission have said maternity services at Airedale General Hospital in Keighley must improve, their report highlighting that staffing shortages could put women and babies at risk.The trust have responded that the findings were “disappointing” and it had started to make changes to improve. The health watchdog inspected the hospital’s maternity services in December as part of a nationwide improvement scheme and its report warned the hospital did not have enough midwives and nurses to keep women and babies safe.The service was unable to provide evidence of some mandatory training, including in safeguarding, and inspectors said…

The global fallout from the coronavirus (COVID-19) outbreak continues and is being felt in every possible sector and section of society.As the mediating point for every regulated aspect of our lives, the legal services sector is now in a unique position, but, like so many other sectors, such as hospitals and supermarkets, it runs the risks becoming overwhelmed at a time when businesses, individuals, employers and employees face not only their usual raft of day-to-day disputes and challenges but must also grapple with the legal and financial fallouts of COVID-19.In some ways it is fortunate that COVID-19 has occurred at…

The Law Gazette reports that applications for grants of probate fell by around 50% during coronavirus lockdown. With probate solicitors unable to get into offices to access physical Wills and relatives unable to retrieve required documents from relatives’ homes, the number of applications typically seen at this time of year dropped sharply. However, Her Majesty’s Court and Tribunal Service (HMCTS) has said it anticipates a surge in applications once lockdown measures are fully eased.Anecdotal evidence from probate solicitors suggests there are still considerable delays at hand in acquiring probate: the average time frame for grant of probate appears to be…

Brexit’s likely impact on the popularity of England’s family court system for cross-border and international divorce cases has reportedly led to a surge in such applications and the resulting divorce cases being heard in the run-up to the Brexit transition.The end of the year will bring an end to the UK’s participation in a long-standing EU agreement under which cross-border divorce rulings made in one EU state are automatically recognised in another; an agreement which has seen London earn the reputation as the so-called “divorce capital of the world”. This is explained by the perception that the divorcing wives, children…

There are concerns that the new statutory instrument enabling Wills to be witnessed virtually during the Covid-19 health pandemic could result in a surge of problems, including the possibility of probate dispute claims.Perhaps the first challenge presented by virtually-witnessed Wills, which came into effect on 28 September 2020, is the fact that they need the physical signatures of three individuals (the Will writer (testator) and two witnesses). This can present numerous problems, particularly if the testator is writing a Will because of critical illness or serious infirmity. In such cases, there is clearly a time pressure issue, and with physical…

As lockdown measures finally ease, it is hoped that the economy can start on the road to something resembling recovery. For many businesses, however, the impact of coronavirus is likely to be far-reaching and will extend much further than mere lost time.While construction contractors who have faced delays and/or increased costs due to the lockdown are likely to be reviewing their entitlement to relief under their existing contracts, it would be wise for the industry as a whole to swiftly begin the process of looking forward. This will undoubtedly mean considering how the risks of COVID-19, and perhaps further pandemics,…

In March, during the days when many of us assumed that COVID-19 restrictions were a temporary situation that would be weathered quickly before returning to normal life, the government announced that, under specially created guidelines, a separated parent would be able to withhold child contact from the other parent if they had legitimate concerns about potential COVID transmission.In theory, this sounded reasonable enough. However, given that it required the good faith of both parents, it is perhaps also reasonable to suggest that problems should have been foreseeable. Under this COVID-specific piece of family law guidance, parents were given the power…

There is only one method available to confidently prevent your estate from becoming the subject of a contentious and potentially costly and protracted probate dispute: instruct an experienced Wills solicitor to help you write a Will, ensure it is properly witnessed, store it securely and then update it correctly as and when necessary.However, according to statistics, there are around 31 million adults in the UK who risk dying intestate (without a Will) – meaning that when they die their estate will pass on to their lawful heirs on the basis of the rules of intestacy rather than their actual wishes.…

Cross-border probate disputes are inherently complex and also have a tendency to be high-value, although as the world becomes increasingly connected, such disputes are becoming a more common feature for families across all kinds of economic groups.The recent case of Rehman v Hamid [2019] EWHC 3692 (Ch) serves as a useful reminder of the need to ensure the correct jurisdiction for a dispute arising in relation to cross-border probate issues. Rehman v HamidThe case concerned the mirror wills made by a married couple, Mr and Mrs Mukhtar Ali, in the UK on 23 February 1993. Each appointed the other as…

There have been a number of excellent articles published recently surrounding the question of “hopeless” contested probate cases. The current concern is that the rise of such work is causing legal departments, or indeed entire firms, to be set up specifically to cater for low-value, weak cases which might be inclined to settle out of court.It has been suggested that similar to the rise of the personal injury claim as a mainstay for UK legal practices in recent years, contested probate is now experiencing the same boom. The hackneyed PI slogan of “where there’s blame, there’s a claim” seems to…