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The George Ide LLP Blog specialises in providing a host of information regarding personal injury claims, what to do in the event of medical negligence, personal grievances and a wide range of other legal matters. From wills and probate to why you should consider an insurance policy, the George Ide blog is designed to provide helpful advice and insight into a number of legal situations.
Blog Added: October 05, 2016 03:15:21 PM
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Balancing the benefits – yoga’s healing power has a valuable place in brain injury rehabilitation

The effects of traumatic or non-traumatic brain injury depend upon a number of factors but, in general, symptoms can range from physical and cognitive to emotional and behavioural. Rehabilitation is crucial – not only to... The post Balancing the benefits – yoga’s healing power has a valuable place in brain injury rehabilitation appeared first on George...

The effects of traumatic or non-traumatic brain injury depend upon a number of factors but, in general, symptoms can range from physical and cognitive to emotional and behavioural.

Rehabilitation is crucial – not only to the survivor but also to their family, if they are to cope successfully with any remaining disabilities.

However, the benefit of yoga as an integral part of traumatic brain injury rehabilitation is often overlooked. There are many different yoga disciplines; most involve movement, pranayama (breathing exercises), mindfulness and meditation.

Scientific studies have shown that yoga can both prevent disease and help sufferers recover from a variety of medical conditions. Benefits of practising yoga regularly include flexibility in muscle and connective tissues, increased muscle strength, improved posture, prevention of cartilage and joint breakdown, spine protection, enhanced blood flow, lymph drainage and boosted immunity, increased heart rate, lower blood pressure, regulation of the adrenal glands, improved balance, and a releasing of tension in the limbs.

In addition to these therapeutic benefits to physical recovery, in terms of the cognitive and emotional and behavioural changes it is widely accepted that yoga makes you happier. Consistent yoga practice relieves depression, leads to a significant increase in serotonin levels and improves focus, co-ordination, reaction time, and memory capacity.

Yoga also has a calming effect on the body – by encouraging you to relax and slow your breath it calms and restores you, bringing peace of mind and slowing down the cycles of frustration, regret, anger and fear that are commonly felt by traumatic brain injury sufferers.

Yoga can also help you sleep better and deeper. Pranayama and meditation encourage an inward tuning of the senses that provides down-time for the nervous system and reduces stress and tiredness. They also build awareness, reducing anger by enhancing feelings of compassion and increasing the ability to step back during times of need.

By consistently quietening the mind we are reprogramming the impaired neuropathways in the brain, assisting with the mental distraction and stresses that commonly occur after a traumatic brain injury.

Bearing all this in mind it is easy to see why including regular yoga practice in a rehabilitation programme can be so beneficial and therapeutic to a brain injury survivor.

For support and advice if you or a loved one has been injured in an accident that was someone else’s fault, contact the George Ide team in confidence on 01243 786668 or at info@georgeide.co.uk.

Emma Dryden. Solicitor, personal injury department.

 

The post Balancing the benefits – yoga’s healing power has a valuable place in brain injury rehabilitation appeared first on George Ide.



Robust equity markets remain a tempting option for UK investors

It seems difficult to remember a time when investment markets have been so driven by politics and government leaders instead of economic data and company results, nor a time when social media, especially US President... The post Robust equity markets remain a tempting option for UK investors appeared first on George...

It seems difficult to remember a time when investment markets have been so driven by politics and government leaders instead of economic data and company results, nor a time when social media, especially US President Trump’s Twitter account, was so closely watched by investment analysts.

For many reasons, 2018 is proving to be a memorable year. In March, President Trump announced steep tariffs on steel and aluminium to take effect the following week – they were to be applied broadly at first, with no specific targets or quotas. In the same month, President Trump accepted an invitation to meet the North Korean leader, Kim Jong-un.

Two months later, President Trump announced his intention to withdraw the USA from the Iranian nuclear agreement and, at the end of May, it was announced that the USA’s 25 per cent steel and 10 per cent aluminium import tariffs were being extended to include the European Union, Mexico and Canada.

Two weeks after that, a North Korea/United States summit took place in Singapore and became the first face-to-face meeting of a United States president and a North Korean leader. Finally, the 2018 football world cup was played out in Russia and ran remarkably smoothly for President Putin in Moscow.

Despite all this, as well as the on-going Brexit saga, major equity markets have remained largely positive – the USA’s Dow Jones share index reached an all-time high in January 2018 and the Nasdaq, which predominantly represents the US technology sector, reached an all-time high in mid-July. Closer to home, in the UK the FTSE 100 index presently sits at around 7,600 points, only 3.6 per cent off the all-time high of 7,877.45 that it reached on 22 May 2018.

With UK base rates remaining at a historical low of 0.5 per cent, cash investments remain out of favour with investors.

Investors who depend on income from cash deposits can expect only moderate upward movement in interest rates, so for capital that can be invested for more than five years the investment markets remain a possible and tempting alternative, despite increased political uncertainty.

As always, professional advice is paramount when it comes to deciding on an appropriate investment strategy between low, medium, and high risk, while regular reviews that take account of changing events are vital if investors are to weather the political storm.

For more information about the investment advisory service we offer our clients, please contact the George Ide team on 01243 786668 or email us at info@georgeide.co.uk.

Sam Atkinson. Advisor, Wealth Management department.

The post Robust equity markets remain a tempting option for UK investors appeared first on George Ide.



Owens .v. Owens – has UK divorce just got more difficult?

The long-awaited decision of the Supreme Court in the defended divorce of Mr & Mrs Owens was finally delivered today (Wednesday 25 July). Sadly Mrs Owens will remain locked in her loveless marriage until 2020,... The post Owens .v. Owens – has UK divorce just got more difficult? appeared first on George...

The long-awaited decision of the Supreme Court in the defended divorce of Mr & Mrs Owens was finally delivered today (Wednesday 25 July). Sadly Mrs Owens will remain locked in her loveless marriage until 2020, by which time she will have been separated for five years.

Whilst it was acknowledged that the current law had not kept pace with modern relationships, the Supreme Court was satisfied that the existing law had been correctly interpreted and the judge had been entirely justified in reaching his conclusion that the behaviour Mrs Owens complained of was not sufficient in the overall context of the case to justify the breakdown of the marriage.

The family lawyers’ organisation Resolution, which intervened in the proceedings, expressed disappointment at the decision and called for the government to take up the mantle and consider long-overdue changes to the law. Leading family lawyers around the country have echoed these sentiments, calling for the introduction of no-fault divorce.

We can only wait to see whether the decision has an impact on day-to-day legal practice. Family lawyers have for a long time been relying on watered-down allegations of behaviour in order to achieve a divorce as amicably as possible. Many have actively discouraged their clients from making detailed and often contentious allegations in this context. Only time will tell whether judges will refuse undefended petitions on the grounds that the allegations made are too weak, and whether we are about to see a surge in allegations containing more detailed descriptions of ‘unreasonable’ leading to an increase in the number of divorce cases being defended through the courts.

So much time and effort has been spent by family law practitioners embracing mediation and attempting to pursue no-court solutions to relationship breakdown – surely it is unacceptable for the government simply to ignore the fact that our legal system does not support these ideals. With no funding available to assist the majority of divorce litigants, how many people could now be locked in loveless and unhappy relationships?

Tina Day. Head of Family

The post Owens .v. Owens – has UK divorce just got more difficult? appeared first on George Ide.



Never mind the twaddle, be clear on your rights before deciding whether marriage or civil partnership is right for you

In my view, a recent Supreme Court ruling in favour of Rebecca Steinfield and Charles Keidan is a decision that serves only to confuse the public. At the end of June, the court ruled unanimously... The post Never mind the twaddle, be clear on your rights before deciding whether marriage or civil partnership is right for you appeared first on George...

In my view, a recent Supreme Court ruling in favour of Rebecca Steinfield and Charles Keidan is a decision that serves only to confuse the public. At the end of June, the court ruled unanimously that Steinfeld and Keidan had been discriminated against because only same sex couples could enter into a civil partnership. While I am not trying to dissuade anyone from this argument, I feel the decision is misleading and has fuelled media coverage endorsing the myths surrounding common law and civil partnerships.

For me, the decision would have earned the epithet of ‘landmark’ if it had legally recognised the thousands of cohabiting relationships, both between heterosexual and same sex couples, for which no legal obligations currently exist.

The law concerning common law relationships has been misunderstood for decades. If only I were given a pound every time someone came to me assuming they have rights simply because they have lived together for some arbitrary period of time. The facts, however, are clear: if you are in a relationship recognised by statute, a full range of financial obligations and responsibilities exist. If you are not in a relationship recognised by statute, there are no financial obligations or responsibilities on the breakdown of your relationship – on the death of your partner you will have to prove a dependency on the deceased to succeed in a claim against their estate.

The Civil Partnership Act 2004 was introduced to give same sex couples the ability to share the same financial obligations and responsibilities as married heterosexual couples. At the time, society was not quite ready for same sex marriage – today, in 2018, it is now open to all.

Unfortunately the language used in the title of the 2004 Act creates the wrong impression straight away. It implies civil partnership is an alternative to marriage, based on different principles and essentially different from marriage. It is not. The Civil Partnership Act enabled same sex couples to enter into a relationship whereby financial obligations and responsibilities exist, and the Act mirrors the provisions of the Matrimonial Causes Act 1973 in determining the couple’s responsibilities on the breakdown of their relationship. I am often surprised to learn from my civil partnership clients that they themselves are surprised the principles of equal sharing and providing financial support to their ex-partner apply to them – so many people seem not really to understand what it is they are getting into.

So Rebecca Steinfield and Charles Keidan were finding the institution of marriage intolerable and wanted the option of civil partnership? Great, but I am not sure they understand that, as a question of law, it does not matter what you call it – when it goes wrong, the principles are exactly the same.

There have been loud calls for the law to be changed in order to make provision for cohabiting couples, by far the fastest-growing type of relationship in the UK. I have mixed views about that, but that is another topic – my concern here is that the debate gets lost in the furore of heterosexual couples being able to be civil partners.

Summing up quite simply – if you are married, on divorce there is a presumption of at least equal sharing of property and pensions and there may be an obligation to provide spousal maintenance. If you are in a civil partnership, on dissolution of the partnership there is a presumption of at least equal sharing of property and pensions and there may be an obligation to provide spousal maintenance. If you are neither married nor in a civil partnership, on the breakdown of your relationship there are no financial obligations even in respect of property you have lived in but do not own. Do not be misled by this landmark ruling, it is all twaddle!

Contact our family department for further advice on 01243 786668 or via info@georgeide.co.uk

Tina Day. Head of Family Law

 

 

The post Never mind the twaddle, be clear on your rights before deciding whether marriage or civil partnership is right for you appeared first on George Ide.



Don’t overlook the children during separation or divorce – it is important their voices are heard

For all family lawyers and mediators, on-going refresher training is essential if we are to ensure our knowledge and skills remain relevant and up-to-date. I recently undertook training in consulting with children to boost my... The post Don’t overlook the children during separation or divorce – it is important their voices are heard appeared first on George...

For all family lawyers and mediators, on-going refresher training is essential if we are to ensure our knowledge and skills remain relevant and up-to-date. I recently undertook training in consulting with children to boost my family law mediation skills.

It is a long established principle first set out in the 1989 Children Act’s welfare checklist that during divorce the feelings and wishes of children should be taken into account in light of their age and understanding. In 2015 the then justice minister Simon Hughes announced that children of divorcing parents would have even greater say as their future was discussed in the courts following the publication of a report titled ‘Voice of the Child’. Mr Hughes was then stopped in his tracks by an election.

The Voice of the Child report was a significant piece of research into the impact on children of family breakdown. Overwhelmingly, children reported that they felt they were not heard, were not given an opportunity to express their opinions, and were not asked how they felt about the arrangements being made for them.

At the time, the government may not have risen to the challenge of endorsing the report’s recommendations in law but, since its publication, organisations such as Resolution and the Family Mediation Council have been working to bring about a change of ethos in legal circles. From September 2018, all family mediators will be required to practise child-inclusive mediation. Family mediators will be required to discuss with parents the importance of children being able to express their views, and being heard – although not all mediators will consult directly with children themselves and some may choose to ask a third party to meet with the children if the parents decide it could be useful.

Personally, the training demonstrated to me that seeking the views of children can have a powerful impact on the parents’ discussions regarding their separation or divorce. Providing children with a confidential and neutral channel to report back to their parents is a privilege that should be valued and taken extremely seriously. I am looking forward to continuing to work with families to help ensure they get their arrangements right from the start.

For more information on family law and how it may affect you, or to find out more about our divorce, separation and mediation services, contact the George Ide team on 01243 786668 or email us at info@georgeide.co.uk.

Tina Day. Head of Family Law

 

 

The post Don’t overlook the children during separation or divorce – it is important their voices are heard appeared first on George Ide.



Road accident victims injured in Europe are bound by local law – but English courts can award compensation

Currently each European Union country is subject to laws enabling anyone who is unlucky enough to have a car accident abroad to make a claim in their own country against a foreign insurer and, by... The post Road accident victims injured in Europe are bound by local law – but English courts can award compensation appeared first on George...

Currently each European Union country is subject to laws enabling anyone who is unlucky enough to have a car accident abroad to make a claim in their own country against a foreign insurer and, by law, every EU insurance company must be represented in every EU country. So if you have an accident in France, for example, you can claim directly through the insurer of the at-fault driver or from England through the insurer’s UK agent.

You remain bound by the law of the country in which the accident occurred, however if your claim hits a problem that requires recourse to legal support or to court, you are able to access the help you need in England. As in England, in many EU countries damages are awarded at a judge’s discretion, which makes it likely that you will receive same compensation if you claim through the English courts compared with engaging a lawyer in the EU country where the accident occurred.

For anyone taking a vehicle to Europe either for work or on holiday this system offers important protections and rights, and I very much hope these protections will be retained after the UK leaves the EU.

Having recently taken such a case through the High Court in London, I have direct experience of how much better it can be for clients to be able to sue in England rather than being forced to go to trial abroad. In this instance, my client had sustained a serious brain injury as well as multiple orthopaedic and internal injuries that make it unlikely he will ever work again. He needed help with his rehabilitation and his claim needed to take into account all his future needs and losses.

His case involved two insurers from two different EU countries. They were not as cooperative about paying compensation as many English insurers would be, but my client was able to rely on a fair resolution at the hands of an English court. As so many of us continue to travel throughout the EU – to trade, to work, or to go on holiday – it is reassuring to know that our legal system will look after us.

For help and advice about claiming compensation for an accident abroad that was not your fault, or for more general information about personal injury law, contact the George Ide team on 01243 786668 or email us at info@georgeide.co.uk.

Claire Watson. Partner, Head of Personal Injury.

The post Road accident victims injured in Europe are bound by local law – but English courts can award compensation appeared first on George Ide.



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