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Did You Suffer a Mild Brain Injury

Apparently minor trauma to the head can lead to brain damage that can have a profound and debilitating affect on person’s life. Mild head trauma can leave the victim feeling outwardly unaffected and often the brain damage goes unnoticed. In many instances the brain damage is either left untreated or mis- diagnosed. Analyzing the brain function is a complex process and it can be difficult to ascertain the long term effects of the brain damage immediately after an accident. This is especially true there when there appear to be no obvious short term affects on the victim’s health and when there is physical manifestation of the brain injury.

Brain injuries are usually categorized as mild, moderate or severe with the diagnosis depending on various factors. The factors used to diagnose a brain injury include loss of consciousness, whether there is a loss of memory; whether there was any noticeable neurological damage such as loss of motor coordination, loss of sensory perception; or loss or affected speech. Moderate and severe brain damage are usually accompanied with symptoms evident in the immediately after an accident. Mild brain damage can be more difficult to diagnose.

Unfortunately mild brain injuries go untreated and often lead to long term or lasting effects on the physical and emotional well being of the injured. A major problem with diagnosis is that the symptoms may appear to be completely unrelated to the initial brain injury. There are many possible manifestations of the brain injury. The physical effects of brain damage can manifest in a stiffness in muscles, muscle weakness, dizziness or difficulty with balance, falling over; clumsiness, migraines or headaches, tiredness and fatigue, seizures, loss of sight, loss of hearing, loss of speech, stuttering.

Mild brain injury could also lead to cognitive deficits, loss of memory, confusion and difficulty in retaining attention, a slow down in processing information, loss of the ability to read, loss in the ability to write, loss of hand eye coordination, loss in the ability to make sense of objects and the relationship between objects.

Mild brain injury can also lead to emotional difficulties such as becoming irritable and tense.

The injured may also see mood swings, or laugh or crying at inappropriate moments and at inappropriate things. Someone with an untreated damage causing emotional problems may even begin to act odd or unexpected in social situations.

There are statute of limitations which impose a time limit to make a personal injury claim. There are different time limits for each person depending on the specific situation which could range from six months to several years, but it would be risky to wait more than a few months to consult a personal injury attorney. There are simply to many different situations and too many factors affecting the time limits to file a lawsuits. When the brain injury is severe enough there may a tolling of the statue meaning the statute is extended, but the injury has to be so severe such that the personal injury victim cannot take care of himself or herself. In which case there has to be someone appointed to file a lawsuit on behalf of the victim, but many instances of mild brain damage do not result in such extremities.

Following an accident the victim should speak with a personal injury attorney to insure a claim is timely filed. A personal injury attorney can be instrumental in assisting obtain optimum

Speak with a San Diego Personal injury attorney today San Diego Personal Injury Attorney

Getting Fair Compensation For A Wrongful Death Claim

Wrongful death attorneys are helpful in defending and in asserting your rights in wrongful death matters. In a wrongful death claim the family of the deceased will claim that the deceased died as a result of negligence or other liability on the part of the defendant. The surviving beneficiaries and dependents are entitled to monetary damages because of the defendant’s actions and conducts.

Wrongful death law describes the rights and duties of the respective parties. The laws pertaining to wrongful death seek to provide financial compensation to the heirs of a deceased, when the death was caused due to negligence, omission, wrongful acts or default of another. Meaning the laws seek to compensate the heirs when someone failure to act reasonably caused the death of the deceased or was a substantial factor in bringing about the death of the deceased.

As in most wrongful civil conduct there are no federal statutes for wrongful death, so each state has made its own set of civil wrongful death statutes and the laws vary from state to state a little bit. Compensation depends on several factors, such as the age of the deceased, the income the deceased earned from all sources including activities other than work. The greater the income the greater the claim. The younger the deceased likewise the greater the expected life time earnings. There are no exceptions for children, but the compensation is often lower because they are not expected to earn any income. There are also other factors such the involvement of the deceased in everyday activities with the survivors. A recently separated spouse would likely be entitled to less than a spouse that had just renewed her wedding vowels.

Wrongful death can be caused in many different ways including medical malpractice which results in the deceased’s death, neglect or abuse on part of the staff at a nursing home, as a result of a car accident, a bus accident, a train accident, a plane accident, a boating accident, and numerous other accidents. The issue is always whether the defendant did something wrong.

The spouses and the children of the deceased may file wrongful death lawsuits, and if there were not children or spouse, then other immediate family members may file suit. They heirs are entitled to monetary compensation to make them whole for the damage they suffered.

The compensation can includes loss of support, society, companionship, and also medical and funeral expenses and services.

To initiate a lawsuit there are time limitations which vary depending on the specific circumstances leading to the death and the specific state where the death occurred.

A grieving family is not likely to think about making a wrongful death claim, but unfortunately the law works against those that wait. A wrongful death claim is a very serious matter and the heirs should consult with an attorney as early as possible. In some cases consulting with an attorney after six months have elapsed may be too long. It is advisable that potential claimants consult with an attorney as soon as possible.

Speak with a San Diego Personal injury attorney today San Diego Personal Injury Attorney

Perspectives on Personal Injury Claims

Auto accidents are the most common type of incidents giving rise to personal injury claims requiring the hiring of a personal injury attorney. Besides auto accidents there are other common accidents which include bicycle accidents, motorcycle accidents, truck accidents or even boat accidents all of which can result in severe personal injuries and death.

Failure to exercise reasonable care in the operation of car is the primarily reason why car accidents occur. Irresponsible driving is the main cause of auto accidents all over the world, but not all countries have personal injury laws to protect the injured. Drivers of vehicles have a responsibility obey the rules of the road and to exercise care and adjust for changing conditions such as changes in the weather. Failure to act reasonably results in injury to some innocent people who suffer and whose lifestyles are suddenly compromised.

Serious injury can occur when auto collides with a bus, car, or truck. Some serious injuries result when an auto hits a pedestrian or a cyclist. In both the cases the parties can get injured and both may have suffer consequences.

To determine which party is responsible for the accident a personal injury lawsuits is usually not required. The case is taken to court to make a determination as to the extent of fair and just compensation. The party held responsible for the mishap generally has to pay to compensate the other for all the damages including pain and suffering, loss of income, medical bills, and property damage. .

Damages can be to the body, the mind and to physical property damage. The vehicle of the victims might be damaged beyond repair in which case the fair market value of the vehicle has to be paid. When the victims are suffering from severe injuries there is often a job loss or reduced income. Injured persons need medical care which can be very expensive. The compromised lifestyle might also be stressful and depressing; so the victims suffer from mental stress and trauma. All these damages are reduced to a dollar sum and compensation is paid in money. Monetary compensation is intended to put the victim back to where he should have been if the incident had not occurred.. This is an effort to help the injured return to their normal lifestyle.

To insure all rights are protected and the optimum compensation is obtained the personal injury victim should consult with a personal injury attorney. The personal injury attorneys should be licensed to practice in the state where the incident occurred. If the accident occurred in San Diego County California, then a San Diego Personal injury attorney should be retained, even the injured lives in Nevada.

Following the car accident the personal injury claimant should take several steps to protect his rights.

When the injuries are severe there is not much the victim can do, but others can and should immediately call for an ambulance. The police should be called next and the events leading to the injury should be recorded.

If a camera is available or a store where a camera can be purchased pictures should be taken of the location of the vehicles, skid marks, and the injuries to the injured. In many instances there is no immediate bruising or bleeding. Most injuries are not visible to the eye, but some fractures cause severe distortions of the limbs and those should be photographed. This type of evidence can lead to a much better and much quicker resolution.

Collect contact details of witnesses. Occasionally a case can be successful or fail because of a lack or availability of witnesses. This is especially true when the claim is that one of the parties ran a red light.

The injured should consult a personal injury attorney as soon as possible. Not having a personal injury attorney can lead to problems with proving a case and with obtaining fair compensation. Also there are instances where the statute of limitations is very short.

Speak to a San Diego personal injury attorney today San Diego Personal Injury Attorney

San Diego Personal Injury Lawyers Give You Two Options

A devastating incident that leads to severe injuries results in set backs to people’s lives and often life just seems to stand still for months. Harmful injury causing incidents come all on a sudden without giving people a clue.

The subtleness of a life changing accident often makes people indecisive. A personal injury causing severe pain and suffering allows the injured to think only of obtaining medical care and treatment. Mental trauma only makes the situation more difficult. Following a major live changing even the injured experiences many problems arising out of the same accident. The injured needs help with medical care, filing a police report, repairing damaged car, applying for income substitution benefits, and informing his employer of his inability to return to work, all family responsibilities and monthly bills continue, they don’t disappear or go on hold because of the life changing event.

The injured also need legal guidance. It is important that the injured speak with a personal injury attorney following a major accident. Failing to obtain legal representation following a major accident can adversely affect the personal injury claim and following a personal injury lawsuit the things the injured party did wrong will become evident. Injured persons often are overwhelmed with things that need taken care following an accident, such that they postpone speaking with a personal injury attorney. This single step can solve a lot of problems and save a lot of time to the injured a personal injury attorney can help out with many things and will assume responsibility with many things pertaining to initiating a personal injury claim.

Personal injury attorneys help the injured get fair compensation and statistical data shows the injured do much better in terms of the amount of recovery than the injured do on their own, this is especially true on more severe injury cases. A personal injury attorney will not stop the injured’s suffering or change the negligent behavior of others, but certainly do a lot to put you back where you should have been if the incident had not occurred at all. A personal injury attorney helps insure that the offending party pay for what they did. That is what personal injury attorneys make possible.

It is best to select personal injury attorneys that work in the state where the incident occurred. If the person was injured in California and lives in Arizona, then a California license personal injury attorney should be retained. Further if the incident occurred in a San Diego County then the injured should obtain a San Diego personal injury attorney.

Most personal injury attorneys will not file a personal injury lawsuit right away, but will wait until the injured is close to recovery. After recovery many personal injury attorneys are able to resolve the claim without filing a lawsuit, for the remaining claims a lawsuit is filed. The personal injury lawsuit is then filed on behalf of the injured party. Very few personal injury lawsuits go to trial. The personal injury lawsuits that go to trial generally involve disagreement as to liability or the severity of the injuries.

When personal injury lawsuits go to trial the personal injury attorney works with the injured to insure they are prepared for trial and know what will happen. In the vast majority of cases personal injury attorneys do not charge fees, until the case resolves in favor of the injured and no fees are paid until the defendant pays. Personal injury attorneys are paid a percentage of the sum recovered for the injured and if nothing is recovered the personal injury attorney recovers nothing.

In personal injury claims there are basically two options. A personal injury lawsuit can be filed or there can be an out of court settlement. The settlement offer follows a demand by the personal injury attorney for payment for damages. When a settlement cannot be reached the injured has the option of pursuing a lawsuit. Personal injury attorneys can only advise as to what is best, but the ultimate decision is actually left to the injured party not the attorney.

Speak to a San Diego personal injury attorney today San Diego Personal Injury Attorney

Criminal Defense Practice Specialties

A summary of common criminal defense practice specialties.

-DWI and DUI Defense - Issues arising from operation of a vehicle (including cars/trucks, boats, snowmobiles, etc.) while under the influence of alcohol or drugs, or while intoxicated or impaired. DWI and DUI charges carry a wide range of penalties and collateral consequences. If injuries are sustained, charges could include criminal vehicular operation and homicide. DWI and DUI charges can range from a misdemeanor to felony level.

-BWI Defense - Issues arising from operation of a boat while under the influence of alcohol or drugs, or while intoxicated or impaired. If injuries are sustained, charges could include criminal vehicular operation and homicide.

-SWI Defense - Issues arising from operation of a snowmobile while under the influence of alcohol or drugs, or while intoxicated or impaired. If injuries are sustained, charges could include criminal vehicular operation and homicide.

-Wisconsin OWI cases - Issues arising in Wisconsin from operation of a vehicle (including cars/truck, boats, snowmobiles, etc.) while under the influence of alcohol or drugs, or while intoxicated or impaired. If injuries are sustained, charges could include criminal vehicular operation and homicide.

-Sexual Crimes Defense - Sex offenses vary dramatically depending on the crime. Focuses on issues arising from sexual assault, rape, statutory rape, nonconsensual sex, sexual crime against a child, possession of pornographic images of children, prostitution, etc.

-Internet Crimes Defense – Issues arising from identity theft, computer hacking, cyber stalking, internet fraud, possession of child pornography, as well as many other types of crimes.

-Violent Crimes Defense – Crimes including homicide (murder), manslaughter, domestic violence or domestic assault, rape, theft and larceny through aggravated assault, assault and battery or terroristic threats, arson, as well as many other types crimes that are considered violent.

-Drug Crimes Defense – Crimes including drug possession, drug trafficking, drug distribution and drug manufacturing as well as prescription fraud.

-Property Crimes Defense – Crimes include criminal damage to property, theft, forgery, possession of stolen property, and credit card transaction fraud.

-White Collar Crimes - White collar crimes include many subcategories of criminal activity. They focus on issues arising from embezzlement, credit card fraud, computer/internet fraud, bank fraud, issuing worthless checks, bribery, antitrust violations, etc. Other types of issues include extortion, forgery, insurance fraud, money laundering, tax evasion and securities fraud.

-Felonies & Misdemeanors - Generally, a felony is any crime that may be punished by more than a year in prison. A felony charge might be issued for grand theft, 1st degree assault, murder, rape, kidnapping, racketeering, etc. A misdemeanor is a crime of a less serious nature. More descriptive similarities and differences between the two also help reinforce the importance of an experienced and knowledgeable attorney when faced with either of these charges.

-Minnesota Criminal Defense - Issues arising from terroristic threats, hate crimes, crimes of omission, orders for protection, harassment/stalking orders, assaults (including domestic assault), drug-related offenses, criminal vehicular operation (which can include cars/trucks, boats, snowmobiles) and well as many other types of criminal charges.

-Federal Crimes - Federal crimes constitute a violation of a statute passed by the United States Congress. Can also include crimes committed across state lines.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

A Minneapolis MN criminal defense lawyer or attorney at a local law firm can provide you with an experienced criminal defense attorney in Minnesota.

Traumatic Brain Injury

Traumatic brain injury, or TBI, is caused when physical trauma injures the brain. A TBI is also known as intracranial injury. Traumatic brain injury is a major cause of death and disability throughout the world, and is one of the leading causes of death among people under age 45. Vehicle accidents, falls, and violence are some of the major causes of TBI, and can result in anything from near-complete recovery to permanent disability or death. The damage caused can be either a closed head injury or a penetrating head injury, and may be focal, occurring in a specific location on the head, or may be diffuse, occurring over a larger area. Diffuse injuries include physical trauma such as concussions or the resulting injury from shaken baby syndrome.

There are three classifications for TBI: mild, moderate, or severe. The classification assigned to an injury depends on the extent of loss of consciousness, loss of memory, and a score on a neurological scale after the injury. Mild brain injury is trauma that temporarily alters the victim’s mental status at the time of the injury, and recovery is extremely likely. Moderate brain injury also offers likely recovery, but there may be a need for ongoing treatment. This level of injury is usually accompanied by physical, cognitive, or behavioral impairments. With time and treatment, these impairments should be able to be overcome, resulting in recovery. A severe TBI can lead to long-term damage and may cause the patient to enter a coma for days, weeks, or months. It is possible that medications or emergency surgery may be required, and that some type of care will be needed for the rest of the victim’s life.

After a TBI, the body may be in a state of abnormal consciousness. There are six of these abnormal states of consciousness, including stupor, coma, persistent vegetative state, minimally conscious state, locked-in syndrome, and brain death.

-A stupor is a state of unresponsiveness, but a person in this state can be aroused briefly by a strong stimulus, such as sharp pain.

-A coma is a similar unresponsive state, but the patient is totally unconscious, unaware, and unarousable.

-A persistent vegetative state brings unconsciousness and unawareness, but a patient will continue to have a sleep-wake cycle and can be alert for short periods.

-Patients in a minimally conscious state may appear to be in a persistent vegetative state, but are able to actively process information. The patient can exhibit deliberate behavior often and consistently enough to distinguish him or her from the reflexive responses see in a persistent vegetative state.

-A patient with locked-in syndrome is aware and awake of his/her surroundings, but is not able to communicate or move due to complete paralysis. Voluntary control of eye movements or blinking is the most common way that these patients are able to show their awareness. Communication is also possible with these movements.

-Brain death is the lack of an irreversible effect of TBI. Brain function is lost, most often due to diffuse brain damage. If any assistance devices are being used, removal results in the cessation of breathing and immediate cardiac arrest.

Traumatic brain injury can cause a number of physical, cognitive, emotion, and social effects. In short, it can be life changing. Physical, speech, and occupational therapy may be needed for recover from more sever cases. The best method for treating TBI is simply prevention. Safety laws such as speed limits, seat belt laws, and helmet laws can prevent a large number of TBI cases if the laws are followed. Other practical changes include reducing alcohol abuse and increasing the use of protective headgear during sports. Public education is one of the most important tools in helping prevent traumatic brain injury. Not every case can be prevented, but following safety laws and practicing safe lifestyle habits can definitely reduce the number of TBI cases.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

A Minneapolis MN traumatic brain injury lawyer or attorney at a local law firm can provide you with an experienced Minnesota TBI lawyer or attorney.

Regulatory Compliance and Air Quality Management Services

What is Regulatory Permitting? Our governments keep a tight control on air polluters. They have to maintain their licenses and approvals to stay in business. Or to change any emitting characteristic of their business.

What happens to contaminants once they reach the atmosphere? Do they go up and away or do they hit the ground elsewhere? A little of both, really, and at different times. With the right computer software and knowledge, a consultant can determine what will happen, where, when and how often. They can figure out if a problem will persist, resulting in complaints from neighboring communities, diseased foliage and livestock, or visibility problems. And they can even address potential public health problems.

Where will ground level concentrations become problematic? What can be done to fix it before it even happens? These things to have answered ahead of time.

Modelling, as this activity is called, is about design. Modellers parameterize the physical layout and emission characteristics and then quantify resulting gas and particle concentrations in the ambient atmosphere. They then use these numbers to make design and policy decisions for the plant. Ones that will keep it out of trouble.

Please see http://www.stuffintheair.com/airqualitymodeling.html for details about the air dispersion modeling process.

Good modelers work in conjunction with government officials to arrive at a workable solution for the company. Keep an eye out for models with names like CALPUFF and others as they are standard tools of this trade. These professionals report the modelling results and interpretations to the client and to officials. They say which modifications have been made to correct situations, if needed.

The most advanced people in this field go to bat for their clients. They attend hearings and defend the operation. We call them expert witnesses.

We do not want diseases from air pollution. Air quality modeling helps us determine how to avoid that. A variety of substances come from a variety of plants and can have a variety of effects. None of them good. With modelling, policy makers can reduce those effects.

A consulting service company performs dispersion modeling, prepares relevant agency applications and handles the tricky side of the approval process. There may be several boards and offices to deal with for a simple situation. It helps to use professionals who know the regulatory staff personally, work with them repeatedly and can maneuver skillfully through the regulatory process with the smallest amount of friction possible.

Another thing to deal with is government reporting. Emissions, wastewater and air quality data have to be sent to the appropriate agency. It has to be accurate and delivered on time. With the right consulting firm, you never have to think about those tasks yourself, once the reporting procedure is initially set up.

More complicated environmental laws make for more difficult procedures needed to be in compliance. Especially when it comes to air. Therefore production firms have become less likely to perform these tasks in-house.

Expertise needed to obey the rules has become very much a multi-disciplinary thing. That is a key reason for the rise in consulting service firms. All that expertise in one place providing knowledge-based services to several clients really has become more efficient than trying to cultivate the know-how within the office walls of manufacturers.

That goes beyond technical knowledge. An understanding of human nature plays a major role as well. With that understanding, professionals can negotiate with other companies and regulatory staff to get to what is best for all involved.

They need to defend their work, justify their arguments and point out how the environment and how society benefits from their accomplishments. The client benefits even more greatly.

For example, energy producers may have problems with emissions. They work with large volumes of stocks that may result in emissions of sulfur compounds, carbon compounds, particulates and other noxious substances.

Do oil companies meet a lot of public opposition? Is it all warranted? Maybe the public is concerned about the unknown. Maybe interveners need to know how thorough and careful a producer is these days when it comes to ecological issues.

But that credibility has to be there in the first place. Simply obeying the laws goes a long way. Doing so is not trivial by any stretch. Needed tasks can include audits, applications, remediation and management.

If it’s too complicated for you, a consulting company will help.

Barry Lough has more than 12 years experience dispersion meteorology, modelling, environmental permitting and consulting. He has been an atmospheric scientist in the fields of operational meteorology air quality modeling. Subscribe to air articles and keep informed. Here is an example of environmental policy in an industrial setting.

What You Need to Know About Mesothelioma Attorney

Mesothelioma is a kind of cancer where the malicious cells affect chest, abdomen and heart cavities and is caused by continued exposure to asbestos for a considerable period of time. Due to the health hazards involved, many countries have banned the use of this substance. However, they are still in use in many parts of the world as a material for insulation. As per a national act enacted in 1979, persons affected by mesothelioma are entitled to compensation from their employers. Here is where the requirement of mesothelioma attorney comes up.

The outcome of every case, be it a mesothelioma or any other case, depends on the expertise of the representing lawyer or attorney. The defendants may try every technical loophole to wriggle out and it is up to the mesothelioma attorney to plug the loopholes and present the case in such a way that the victim gets maximum compensation.

Examination of many past cases throws up some interesting outcomes. While some victims got good compensation in a reasonable time frame while some others could get very measly amounts, that too after lugging for very long periods. Such outcomes add insult to injury to the already devastated persons and their family members. The law treats each case on its merit, making it doubly important for you to choose the right mesothelioma attorney to fight your case.

Years of specialized experience in the field can come as a boon for a mesothelioma attorney while fighting a case. Novices may find it difficult to stand the ground. A mesothelioma attorney’s job become doubly difficult because usually the cancer is detected long years after the victims quit their disease enticing jobs. Detection occurs even later. Proving that the person was affected while working under the particular employer entails very long deliberations and meticulous detailing. The attorney has to make his claim based on the available medical and employment history of his client.

A good rapport should develop between the client and the attorney. Here the role of the mesothelioma attorney is more than that of the client. He has to sensibly approach the client who is not in the best of physical health, and suffering from a resultant mental anguish. An attorney in this field need to be patient and should discuss the procedures involved, time lines, his fees, and every other connected matter which may be of concern before taking up a case.

The career of a mesothelioma attorney can take a beating if he fails in these counts.

Internet discussion forums are giving opportunities to all and sundry to vent their anguish. If an attorney fails or does not treat his or client properly, the anguished party can plug into these forums and malign the errant. It has become a practice these days that people check such concerned discussion forums to find the persons and services that may serve them well. A negative posting on such a mesothelioma blog can completely destroy the confidence of people on a particular attorney.

If you want to know more about Mesothelioma Attorneys then I would recommend you to visit http://www.simmonscooper.com.

If you want to know more about Mesothelioma Attorney then I would recommend you to visitMesothelioma Lawsuit.

Expert London Solicitor’s Guide For Landlords in 2008 – During the Current Economical Climate!

Landlord’s remedies

Imminent changes to the law are about to be made which will impact on a landlord when faced with tenant insolvency. The primary concerns of a landlord will be dealing with any rent arrears in the short term and the premises in the more medium to long term.

Distress

When dealing with arrears, distress should be attempted first. Distress is the seizing of a tenant’s goods in lieu of rent arrears. If there are insufficient goods, then court proceedings should be issued. Court proceedings are only an option if the monies due are certain. There are increasing hurdles facing landlords as a result of recent and proposed changes in the law. The introduction of the Insolvency Act 2000 and the Enterprise Act 2002 means that directors of insolvent companies have greater powers to rescue their troubled companies. In the current climate, Administration appears to be (and looks likely to continue to be) the favoured option for these directors.

Administration is applicable where a company is in severe trouble but still has some hope of recovery. Administration will involve the company being put into the charge of a court-appointed administrator. The practical effect of going into administration is that it cannot be wound up without the court’s permission.

A landlord may find it difficult to take action against a defaulting tenant in administration because the permission of the Court (and the administrator) is required before distrain of rent can be exercised or proceedings issued.

Given that the objective of an administration is to rescue the company, it is highly improbable that the Court or an administrator would grant permission to the landlord to distrain for rent or issue proceedings.

Furthermore, Part 3 of the Tribunals, Courts and Enforcement Act 2007 (which received Royal Assent on the 19th July 2007) will make it more difficult for landlords to recover arrears. The existing remedy of distress will be abolished and replaced by the new commercial rent arrears recovery (CRAR) procedure.

The CRAR requires an enforcement notice to be served on the tenant, who must be in arrears before the service of the notice, and the overdue rent must exceed a certain amount (limit has not yet been decided) before goods can be seized by the landlord. In addition, the landlord is not able to exercise this remedy itself but must appoint a certified enforcement agent.

The CRAR will result in an erosion of the “element of surprise”. The enforcement notice is likely to prompt dishonest tenants to seek to move goods from the premises and out of the landlord’s reach. Landlords can take some comfort from the fact that they are, in principle, able to pursue the goods to the new location. However, the time and cost in so doing is likely to make it an unattractive option.

It remains to be seen whether the overhaul of the process of enforcement by way of seizure and sale of goods will, in practice, be a benefit to commercial landlords or, whether it will simply hinder their attempts to recover arrears from defaulting tenants.

The CRAR is not yet in force and no commencement date has been set.

Forfeiture/Surrender

Where a landlord is faced with an insolvent tenant, it may be an attractive prospect for a (in the medium to long term) to forfeit the lease and recover possession.

In a depressed market, where the property is over-rented, tenants and sub-tenants are likely to want to quit the premises but landlords are unlikely to want to take possession. In a buoyant market, where rents are rising, the insolvency of a tenant may present an opportunity to obtain vacant possession in order to re-let at a higher rent or redevelop the site.

As with rent arrears, landlords face a number of hurdles. If the defaulting tenant is in administration, the consent of the Court and the administrator will be necessary before a lease can be forfeited and, as with rent arrears, this can be extremely difficult in the early stages of administration.

The proposed changes to the law of forfeiture would mean tougher times for landlords.

Forfeiture by peaceable re-entry will no longer be permitted and default notices will need to be served in respect of all tenant breaches. Following service of such a notice, the landlord may apply to the Court to have the tenancy terminated.

However, Landlords should not panic just yet. The proposed changes to the forfeiture procedure are not high on the agenda of the powers that be and consequently, may be a long way from becoming law (if they become law at all).

Disclaimer

Where the immediate tenant has gone into liquidation or become bankrupt and the landlord does not want to take possession, disclaimer is likely. Only a liquidator or trustee in bankruptcy can disclaim a lease (disclaim is a unilateral step which brings the lease to an end). If there are subleases which the landlord wants to preserve, he will seek to regularise the position in order to preserve the income stream.

The landlord has no power to force the subtenant to stay following disclaimer of a head lease. If the subtenant wants to remain, it can do so by applying to the Court for the head lease to be vested in it; or simply remain in occupation, paying the rent and complying with the obligations under the head lease.

Additional security

A volatile economic climate coupled with debtor-friendly insolvency procedures and proposed changes to the law, means that landlords will need to be more sophisticated in their lease negotiations. Increasingly, landlords are relying on the well established landlord remedies such as guarantors, rent deposits, sub-tenants and authorised guarantee agreements (AGA) from previous tenants. These are good sources of security for a landlord in the event of a defaulting tenant. It goes without saying that landlords should be seeking to secure a rent deposit or guarantor when negotiating the terms of a new letting. Solicitors acting for landlords should ensure that a rent deposit is drafted to be either held on trust or on a charging basis failing which the landlord will rank along side other unsecured creditors in the event a tenant becomes insolvent. If a tenant is in administration, then the landlord will require the consent of the court or administrator to enforce any security.

Where permitted, the landlord should always request an AGA from the exiting tenant on an assignment of a lease. Seeing as a landlord is restricted in its actions against a tenant in administration, Individual Voluntary Arrangement (IVAs) and Company Voluntary Arrangement (CVAs), it is useful to have a former tenant under an AGA on the hook. It is crucial for a landlord to consider the extent of a guarantor’s liability and when drafting the guarantor provisions, it is important to ensure that the guarantor’s liability extends to any holding over period under a protected tenancy. An additional consideration is whether the landlord requires the guarantor to simply guarantee the rent or require the guarantor to take a lease in the event of forfeiture or disclaimer.

It should be noted that unless there is express wording to the contrary the guarantor’s liability will end upon dissolution of the tenant company.

Section 17 of the Landlord and Tenant (Covenants) Act 1995 requires landlords to serve notice on former tenants and guarantors. However, notices should only be served on guarantors and former tenants if the landlord is certain that they would make a satisfactory tenant as once the arrears are paid of by the former tenant or guarantor, then they are entitled to take an overriding lease.

Surrender

Where forfeiture is not an option, a landlord may decide to accept a surrender of a lease from the tenant which is essentially the landlord agreeing with the tenant to bring the tenancy to an end.

In a rising market, surrender may be a better option for the landlord as it enables him to re-market the property and secure a tenant with a better covenant. As soon as the lease is surrendered, the landlord gets the premises back and is able to look for new tenants.

On the flip side, in a slow market, the chances of recovering the rent from the current tenant maybe greater than finding a replacement. Furthermore, a landlord will need to consider the implications of leaving the premises empty. As from 1 April 2008, full business rates are payable on buildings that have been vacant for 3 months or more. (in the case of industrial/warehouse property the period extends to 6 months or more).

Agreement with the tenant

A landlord could consider an informal arrangement with the tenant such as granting a rent concession or offering alternative premises. These are considerations which are worthwhile in respect of a reliable tenant. In the current climate, landlords may be more willing to enter into an arrangement with a tenant in difficulties rather than face the prospect of re-letting or being left with a void.

Conclusion

We are likely to see a rise in the number of corporate insolvencies, and companies going into administrations or entering into CVAs and IVAs.

It can be argued that the current/proposed changes to the law are more favourable to tenants than landlords. Therefore, the key message for landlords is to remain diligent, watch for early warning signs of tenant insolvency/financial difficulty and act quickly when the landlord suspects that a tenant may be in financial difficulty.

(The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. No responsibility can be accepted for any loss as a result of acts or omissions taken in respect of this article.)

This article is free to republish provided the authors resource box below remains intact.

Myai Duong is a specialist London Conveyancing Solicitor and also aids the Brighton Conveyancing Solicitor office and has extensive experience in all general commercial property matters.

Is Your Business Up to Date With the Latest UK Competition Laws?

On 24th April some leading supermarkets were raided by the Office of Fair Trading after a tip-off by Wal-Mart/Asda about practices which may breach UK competition law. Emails were seized in what the supermarkets claim is a “fishing expedition”, crossing many products and sectors.

The raids follow a separate investigation into pricing arrangements for cigarettes sold in supermarkets and came the same week that the Competition Commission issued its report into the sector. However, the OFT in the same week also had to pay Morrisons £100,000 in a settlement of the company’s libel action against the OFT arising from an OFT press release suggesting Morrisons was guilty of competition law breaches (before that is proven) in the on-going investigation into milk pricing.

The OFT appears to be getting tougher. It issued a statement of objections - the equivalent of a writ/claim - against 112 construction companies recently for alleged cover pricing and compensation payments. Many of these companies have already admitted guilt and applied for leniency. Although some parts like the ban on price fixing and cartels are very easy to understand, not all businesses understand what information they can exchange with a supplier or rival about forthcoming price increases, pricing, discounting on retail prices and the like.

The supermarkets have complex arrangements and relationships with their suppliers and it is wise to take legal advice on competition law in relation to many of these practices. Bigger companies often have written competition law compliance programmes and training for staff and issue regular warnings to ensure all employees know what the rules allow. Breach of the rules can lead to fines of 10% of worldwide group turnover, restrictions in agreements are rendered void and third parties can sue for damages. In addition, negative publicity will result. Where there is horizontal price fixing or bid rigging, jail sentences are possible as is extradition to the US if there is a US element, where prison sentences of 10 years for breach of anti-trust legislation are common.

Investigations by the EU are also possible for breach of EU competition law. Recently, formal charges were sent to a group of multi-national companies allegedly involved in a conspiracy to fix prices of marine equipment supplied to the oil industry. This follows raids on the companies 12 months previously in a case which has led to investigations in the US and UK and the first charges for individuals involved for the criminal cartel offence under the UK 2002 Enterprise Act.

So no matter what industry you are in, as a business owner, you must be aware of the guidelines and laws you are trading under. As new rulings are made, it is important to seek advice to keep yourself up to date and maintain the operational safety of your business. If the “big fish” in the market place are being monitored and enduring the Office of Fair Trading prosecutions chances are you will be too.

This article is free to republish provided the authors resource box below remains intact.

Ian Robinson is the managing partner of Law Firm Churchers - who are experienced in Company Law and have expert Hampshire based Personal Injury Solicitors as well as specialist Litigation Solicitors in Hampshire.

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