BridgeMcFarlandSolicitors

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Bridge McFarland can offer you practical, uncomplicated advice, support & guidance when you need it most. Whether it be an employment dispute, family advice, an accident or negligence, life planning or moving house, let us help you.
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Our commercial team in Lincoln, Hull, Market Rasen and Grimsby prides itself on its sound business sense, commercial insight, local knowledge and first class understanding of the relevant legal disciplines ranging from employment law, business contracts, dispute resolution to agriculture and property development. From company formation to sale, succession, dissolution or dispute resolution, you can trust our team to deliver first class service and results.
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Chris Green
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Frequently Asked Questions

Looking for some answers? Check out our helpful FAQs section.

Home » About Us » FAQs
View All Debt and Insolvency FAQs
Debt and Insolvency
What are the options for an insolvent company?
If the underlying business of the company is sound, it may be possible to rescue the company and save the business by restructuring or refinancing. This can sometimes be done without a formal insolvency process, or through an administration order or company voluntary arrangement (CVA) or scheme of arrangement. Advice from a qualified insolvency practitioner is essential. If the company or business cannot be rescued, the options include administration, administrative receivership or liquidation. Again, advice should always be taken from a qualified insolvency practitioner as to the best option in the circumstances.
What should I do if my business is in financial difficulty?
The most important thing to do is to face up to it. Acting promptly by seeking professional advice from a lawyer, accountant or insolvency practitioner will give you the best chance of protecting the business, its employees and creditors and will reduce your risk of personal liability and/or directors’ disqualification proceedings.
What is insolvency?
A business is insolvent if it is unable to pay its debts as they fall due (i.e. on a “cash flow” basis) or if the value of its liabilities is greater than the value of its assets (i.e. on a “balance sheet” basis). It is important to note that solvency is different to profitability and a business can be insolvent even though profitable and vice versa.
View All Family Law FAQs
Family Law
What is collaborative law?
Collaborative law is where both parties instruct their own individual collaborative lawyer to deal with matters on their behalf.
What is mediation?
Mediation is the opportunity for you and your spouse/civil partner to meet together with an independent Mediator who will not advise either of you on the legal issues but will assist you both in trying to reach a settlement.
What rights do I have to see my child(ren)?
If you are the absent parent, the view of the Court is that it is the child(ren)’s right to have as full a relationship as possible with both parents so long as there is no risk of harm to the child, whether physical or emotional.
What is Parental Responsibility?
Parental Responsibility is defined as all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property. In reality, it gives the parent responsibility for taking all the important decisions in the child’s life, including education, religion and medical care.
Is a Prenuptial Agreement legally binding?
They can have persuasive legal status, as long as certain steps have been taken and there have been no significant alterations to either party’s circumstances.
What am I entitled to financially if divorce/civil partnership dissolution proceedings commence?
When considering financial matters, there are a variety of factors that need to be taken into account, such as length of relationship, children and contributions.
View All Medical Negligence FAQs
Medical Negligence
If I am at high risk of developing a pressure sore what should nursing staff be doing to prevent it?
There are a number of measures that can and should be put in place depending on the level of risk. There are special types of pressure relieving mattresses and cushions that can be given to patients, as well as heel protectors and special boots. Patients should be helped to turn and take pressure off vulnerable areas of their body. Nursing staff should also inspect a patients skin regularly so that they can act quickly at the first signs that a pressure sore may be developing.
Getting a pressure sore is just one of those things though isn’t it?
No. Most pressure sores can and should be prevented. If appropriate risk assessments and preventative measures are put in place by nursing staff when someone is at high risk of developing a pressure sore they should not develop.
Where can pressure sores develop?
Areas of the body that are particularly vulnerable to developing a pressure sore are the heels, the sacrum (just above your bottom), ankle, elbows and shoulder blades.
What is a pressure sore?
A pressure sore is also known as a bed sore or a pressure ulcer and is a serious skin condition particularly effecting those under nursing care. Pressure sores are areas of the skin that become damaged and unhealthy due to consistent pressure applied to the area.
Can I make a medical negligence claim on behalf of someone who has died?
Yes. Only, if you are the spouse of the Deceased or Executor of the Estate.
Can I make a medical negligence claim on behalf of my child?
Yes. Only, if you are the mother, father or parental guardian.
View All Moving House FAQs
Moving House
When do we receive the money due to us from the sale?
We generally send all money by same day bank transfer (unless you prefer a cheque) so the money should be in your account on the moving day all being well. Unlike many solicitors and banks, we do not charge extra for making same day money transfers.
Do I need to pay the estate agents when we sell?
No. We will check you are happy with the amount of the estate agents’ bill but then pay it ourselves out of the money received from the buyer.
Is there anything we need to do on the moving date after our sale?
Once you have packed up and tidied round, all you really need to do is take some meter readings on your way out the door.
What is a chain?
A chain is where there are a number of sellers and buyers that are depending on each other for the sale to take place. You may hear estate agents or others refer to certain parties at the top or bottom of the chain.
By what time do we have to move out on the moving date?
The sale contract will usually stipulate that you must move out by 1pm. This is a fairly logical time as it means that if you are buying a new property on the same day you have the morning to pack up and leave the property you are selling and the afternoon to move into your new home.
What does ‘exchanging contracts’ on my house sale mean?
This is when the sale becomes binding on you and the buyer. Up until that point you may be surprised to note that either you or the buyer could withdraw from the transaction without any come-back on you. Upon exchange of contracts the buyer is required to pay a deposit (usually 10% of the agreed sale price) and it is at that point a moving date is fixed.
View All Personal Accident and Injury FAQs
Personal Accident and Injury
Is lung cancer caused by asbestos?
Many cases of lung cancer are caused by asbestos exposure but are wrongly attributed to other causes such as smoking. Asbestos exposure increases the risk of developing lung cancer, particularly in those who have smoked tobacco.
What is pleural effusion?
This is a build up of fluid in the lining of the lung which can cause symptoms of breathlessness. It may resolve by itself or the lung may need to be drained.
What is asbestosis?
This is a distinct condition in its own right and is a form of scarring of the lungs. “True asbestosis” requires a person to have been exposed to a substantial “dose” of asbestos. Low levels of asbestos exposure will not cause it.
What is pleural thickening?
This condition can be caused by exposure to asbestos but it can also result from non-industrial causes. When asbestos fibres reach the pleura, they can eventually cause scarring.
Can you claim compensation for pleural plaques?
The legal position in England and Wales is that they are not compensatable unless they are sufficiently extensive to cause symptoms. This is not often the case. In Scotland, the legal position is different and you should seek advice from a Scottish law firm if this affects you.
What are pleural plaques?
This is a very common condition found in persons who have been exposed to asbestos. The pleura is a sac which contains fluid. It surrounds and protects the lungs and has two layers.
View All Professional Negligence FAQs
Professional Negligence
What should I do next?
If you think you have a professional negligence claim you should contact our Professional Negligence department. You can do this by calling any of our offices, by emailing enquiries@bmcf.co.uk or making a general enquiry on:http://www.professionalnegligenceclaims.co.uk/contact-us.html.
How long will my claim take?
Every professional negligence claim is different and the timeframe can vary. However, the Professional Negligence Pre-Action Protocol applies to the majority of professional negligence claims. This protocol governs the conduct of the parties in the initial stages of the claim, for example, after we have sent a Letter of Claim to the Defendant, they have 21 days to acknowledge it and then 3 months after that to respond. Keeping this in mind, and the time it takes to investigate the claim, gather any expert evidence and take any other steps that may be required, the initial stages of the claim can take between 6 and 12 months. If the matter proceeds to trial, this can take in excess of 2 years although very few claims reach this stage.
How much will it cost me to bring a claim against my solicitors for the under settlement?
Most professional negligence matters can be run on a no win, no fee basis. Otherwise known as a Conditional Fee Agreement (CFA). This means that if we are not successful in recovering damages in your claim, we do not get paid for the work that we have done. If your claim is successful, the majority of our costs are recoverable from the defendant. There may be a deduction from your damages however, this will only be if you are successful and the circumstances and percentage will be discussed in full at the outset.
My claim has been settled on a split liability basis and I do not understand why?
If there is a suggestion that you could have or did contribute to your own injuries, your damages may have been reduced by way of what is referred to as Split liability / contributory negligence. Split liability can occur in any type of property damage or personal injury claim however, there are some circumstances where it simply is not appropriate, for examplein medical negligence cases where the patient was unconscious or under anaesthetic at the time of the negligent treatment. Your solicitors may have advised that it is best to accept split settlement in order to achieve a quick settlement. If your claim should not have been settled on this basis, it may be possible to show that the solicitors were negligent. This means that you may be able to pursue your original solicitors for the full amount of your claim. If your case was settled on a split liability basis and you are unhappy or unsure why this was so, please contact us to see if we can help.
My claim was settled without obtaining any medical evidence, is there anything I can do?
An important part of a solicitor’s role is ensuring that you receive adequate compensation for your injuries. If your injuries are clinical related and have not been adequately assessed by a medical professional then it may be that your solicitor has been negligent in reaching a settlement without carrying out the necessary investigations. Consequently, it is possible that any settlement you receive is an undervaluation of your claim. If you believe that your clinical negligence claim has not been adequately investigated, or settlement has been reached without independent expert medical opinion please get in touch.
My claim has settled but I have now developed further problems, what can I do?
If you were not symptom free when you settled your claim, or have settled your claim and are now experiencing further complications that were not considered as a potential side effect of your injuries; then your solicitor may have acted negligently and you may be entitled to professional negligence compensation. Please get in touch today to see if we can help.
View All Property and Housing FAQs
Property and Housing
A deposit has been taken, does this need to be secured in a Tenancy Deposit Scheme?
For all tenancies from 6th April 2007 where a deposit has been taken this must be secured within a Tenancy Deposit Protection Scheme. As a landlord you are not entitled to simply put this in a separate account. It must be deposited.
Now I have a Possession Order can I change the locks?
No you cannot. Even if your tenants have failed to vacate the property when the Possession Order has expired you cannot simply go round to the property and change the locks if the tenants are still in occupation. You need to make an application to the Court for a Bailiffs Warrant.
How long does it take to evict my tenants?
This depends upon the grounds upon which possession is being sought. If there is a written tenancy agreement, a Section 21 Notice has been served and you are not claiming rent arrears the accelerated possession procedure can be used which shortens the period for obtaining a possession order as no formal hearing is required.
As a landlord how can I evict my tenants?
It depends upon the reasons for which you wish to evict your tenant. Further, it depends on whether or not you wish to evict your tenant during the fixed term tenancy, or whether the fixed term tenancy, as stated above usually six months, has come to an end. You can only evict your tenants during a fixed term if they are in breach of the tenancy agreement.
What is the minimum term an assured shorthold tenancy can be granted for?
The minimum term for an assured shorthold tenancy is 6 months. A landlord cannot grant a lesser term than 6 months. There is no upper limit so an assured shorthold tenancy can be granted for a number of years if that is what both parties want.
What type of tenancy will be created?
Unless stated otherwise all tenancies entered into after the 28th February 1997 are automatically deemed assured shorthold tenancies.
View All Wills, Trusts and Probate FAQs
Wills, Trusts and Probate
Will it involve going to court?
We aim to resolve matters by negotiation, mediation or other methods of alternative dispute resolution where possible. If it is, in those circumstances you would not need to go to court. However, this all depends upon the other side and their attitude to the dispute. You will only need to physically attend at court if your matter proceeds to a full trial, and in those circumstances we will provide you with full support.
How much will it cost me for the legal proceedings?
We understand that the costs of bringing and defending such claims can be prohibitive and can offer an unparalleled range of funding options including, in appropriate cases, conditional fee ("no win, no fee") and discounted fee ("no win, low fee") arrangements. We can also offer 'after the event' legal expenses insurance cover against the risk of having to pay your opponent's legal costs. If the parties settle the dispute between themselves, then they can agree between them who should pay the costs. If the matter goes to a trial and is decided by a judge, then the judge will also decide who should pay the costs of the dispute. The usual rule is that the losing party will pay the winning party’s costs, although on some occasions the court can order that costs be paid by the deceased’s estate. The court will decide not only who should pay the costs but also the amount of cost that a party should pay another and this is determined by a procedure known as assessment. In practice, it is unusual for a party to recover all his or her costs from another party, even if you win. A full trial is likely to cost several thousand pounds at least. However, many matter settle at an earlier stage and in that case the costs would be less than those incurred at a full trial. It is not possible to be more precise as to costs as each matter is unique, but your solicitor will give you an estimate for each stage of work as matters proceed.
I am not happy with the way in which the executors are dealing with the estate, what can I do?
I am a beneficiary of an estate and am not happy with the way in which the executors are dealing with the estate. Is there anything I can do? It depends on what the problem is. Each estate and each administration is different and therefore there is no set time in which an estate should be administered. However, you are entitled to ask for information about the estate from the executor and to receive updates. If you have concerns that an executor is not dealing with an estate properly, or is not fit to administer the estate, then you may be able to apply to the court to remove him or her and replace him with another person.
What should I do if I want to contest a will?
You should seek legal advice as soon as possible. As an initial step you may be advised to apply to the Probate Registry to enter a caveat which will prevent the executors or administrators from obtaining a grant of probate, or grant of letters of administration, and administering the estate. This will allow further time in which to make investigations as to the circumstances surrounding the preparation and signing of the Will, which may include obtaining the deceased’s medical records and information from any solicitor instructed in relation to the preparation of the Will.
Can I contest or challenge the validity of a Will?
Yes, in certain circumstances. If you have concerns about whether any of the following situations apply to the deceased’s last Will, then you should seek legal advice: • The Will was not signed or witnessed properly; • The person who made the Will lacked the capacity (mental understanding) to do so; • The person who made the Will was pressured into or coerced by another person to make the Will in the terms that they did; • The person who made the Will did not know and approve the contents of their Will; • You suspect that the Will is forged. If a Will is found to be invalid by reason of any of the above, then the estate will be administered in accordance with the terms of the deceased's previous valid Will or, if there isn’t one, in accordance with the intestacy rules.
Can I contest or challenge the validity of a Will?
Yes, in certain circumstances. If you have concerns about whether any of the following situations apply to the deceased’s last Will, then you should seek legal advice: • The Will was not signed or witnessed properly; • The person who made the Will lacked the capacity (mental understanding) to do so; • The person who made the Will was pressured into or coerced by another person to make the Will in the terms that they did; • The person who made the Will did not know and approve the contents of their Will; • You suspect that the Will is forged. If a Will is found to be invalid by reason of any of the above, then the estate will be administered in accordance with the terms of the deceased's previous valid Will or, if there isn’t one, in accordance with the intestacy rules.
View All Asbestos and Mesothelioma FAQs
Asbestos and Mesothelioma
Is lung cancer caused by asbestos?
Many cases of lung cancer are caused by asbestos exposure but are wrongly attributed to other causes such as smoking. Asbestos exposure increases the risk of developing lung cancer, particularly in those who have smoked tobacco.
What is pleural effusion?
This is a build up of fluid in the lining of the lung which can cause symptoms of breathlessness. It may resolve by itself or the lung may need to be drained.
What is asbestosis?
This is a distinct condition in its own right and is a form of scarring of the lungs. “True asbestosis” requires a person to have been exposed to a substantial “dose” of asbestos. Low levels of asbestos exposure will not cause it.
What is pleural thickening?
This condition can be caused by exposure to asbestos but it can also result from non-industrial causes. When asbestos fibres reach the pleura, they can eventually cause scarring.
Can you claim compensation for pleural plaques?
The legal position in England and Wales is that they are not compensatable unless they are sufficiently extensive to cause symptoms. This is not often the case. In Scotland, the legal position is different and you should seek advice from a Scottish law firm if this affects you.
What are pleural plaques?
This is a very common condition found in persons who have been exposed to asbestos. The pleura is a sac which contains fluid. It surrounds and protects the lungs and has two layers.
View All Commercial Property FAQs
Commercial Property
Can you act for both Landlord and Tenant
Unfortunately the professional rules which govern our profession prevent us from acting on both sides of transactions such as this. Both parties must be separately represented.
Can the Landlord end the lease early?
The Landlord may have the benefit of a “break clause”. This is rare and for business continuity purposes you should be reluctant to agree to such a clause. However, the Landlord will have the right to terminate the lease for:
Who is responsible for planning permission at the property?
You should satisfy yourself that your proposed use of the property comes within the authorised use of the property for planning purposes. We can assist in this regard through making enquiries with the Landlord and searches at the local council.
Can I sell my lease?
The majority of leases will allow the Tenant to transfer (often referred to by lawyers as “assign”) the lease with the Landlord's consent. The Landlord may impose conditions on the transfer, such as:
Who is responsible for the insurance?
It is usual for the Landlord to insure the property however the Landlord will have the right to recover the premium from the Tenant. So you can budget, details of the Landlord’s Insurance Policy should be obtained in advance.
Can I sublet?
Landlord’s will normally permit subletting, subject to their prior consent. The Landlord will want to approve the terms of the sublease.
View All Company Formations FAQs
Company Formations
How do I get money out of a limited company?
Shareholders can declare dividends on the shares they hold and the company will pay its shareholders the specified amount. Shareholders can also be directors or employees of the company and it may be that the company pays the shareholder as director/employee a wage.
What are the alternatives to a limited company, partnership or sole trader?
One of the more popular alternatives to a limited company is a limited liability partnership (LLP), which is effectively a hybrid of a partnership and a limited company. With an LLP you benefit from limited liability but are taxed individually as partners.
What are the advantages of a limited company?
The primary advantage of a limited company is it offers its shareholders limited liability as shown above. Shareholders personal assets are therefore not at risk unlike a sole trader or a partner within a partnership. With good tax planning there may be tax advantages when trading as a limited company (limited companies are taxed separately to its shareholders). Third parties can invest in the company in return for shares, which avoids the need to raise finance by debt. If debt financing is required, debt can also be secured against the company as well as its assets.
What are the disadvantages of a limited company?
Limited companies are subject to more administrative paperwork than say a sole trader or partnership. Limited companies are required to submit an annual return to Companies House containing information including shareholders and directors for which a fee is payable. Accounts must be kept by the company and filed annually at Companies House, again a fee is payable. Both the annual return and accounts are public documents so anyone can gather information about the company and its financial performance.
What can I name my company?
You can name your company whatever you like subject to certain limitations, which include not being able to use an already existing or similar name to another company or using offensive words. Your company name will usually end with the word “limited” or “ltd”.
How is a limited company governed?
Limited companies as stated above are ran by a board of directors. The shareholders generally do not get involved in the running of the company however there are provisions in law that allow shareholders to effectively overrule certain actions of directors.
View All Dispute Resolution FAQs
Dispute Resolution
How do I keep my information private?
This is often a concern for sellers when providing potential purchasers with sensitive information about their business. Any prospective purchaser will need to see information about your business so as to make an informed decision as to whether to proceed and at what price.
What is insolvency?
Generally speaking people or companies are regarded as being insolvent when they cannot meet their liabilities. An individual in this position may be made bankrupt whereas a company in this position may be liquidated (or wound up).
What is alternative dispute resolution?
Generally speaking alternative dispute resolution (or ADR) refers to methods of attempting to resolve a dispute without recourse to formal proceedings. The most straightforward method of ADR is by negotiation.
How is litigation funded?
Usually each party to a dispute pays his or her own legal costs. The general rule is that the losing party in litigation is ordered to pay the successful party’s legal costs as well as having to bear their own.
View All Insolvency FAQs
Insolvency
What are the options for an insolvent company?
If the underlying business of the company is sound, it may be possible to rescue the company and save the business by restructuring or refinancing. This can sometimes be done without a formal insolvency process, or through an administration order or company voluntary arrangement (CVA) or scheme of arrangement. Advice from a qualified insolvency practitioner is essential. If the company or business cannot be rescued, the options include administration, administrative receivership or liquidation. Again, advice should always be taken from a qualified insolvency practitioner as to the best option in the circumstances.
What should I do if my business is in financial difficulty?
The most important thing to do is to face up to it. Acting promptly by seeking professional advice from a lawyer, accountant or insolvency practitioner will give you the best chance of protecting the business, its employees and creditors and will reduce your risk of personal liability and/or directors’ disqualification proceedings.
What is insolvency?
A business is insolvent if it is unable to pay its debts as they fall due (i.e. on a “cash flow” basis) or if the value of its liabilities is greater than the value of its assets (i.e. on a “balance sheet” basis). It is important to note that solvency is different to profitability and a business can be insolvent even though profitable and vice versa.
View All Internet and IT Disputes FAQs
Internet and IT Disputes
What if the cease and desist process does not achieve the desired effect?
Another step you can take is to report the offending URLs to Google at:
What should I put in a cease and desist email?
We have found this form of wording to be both simple and effective:
What can I do if someone is pirating my work on the internet?
If you own the rights to creative work (e.g. music, movies, pictures, photographs, books) and someone is distributing copies on the internet without your permission, then there are several things you can do.
View All Mergers & Acquisitions FAQs
Mergers & Acquisitions
What is an earn out?
This is another form of deferred payment. When an earn out is used, part of the sale price will be based on the future performance of the business. This will usually involve a cash payment on completion of the sale, with further payments based on annual profits of the business for fixed periods following completion.
Can I continue to work in the industry after completion?
The purchaser is likely to want to restrict what you can do following completion of the sale. The sale agreement will therefore contain “restrictive covenants” which prevent you from competing with the business you have sold for a specific period and within a specific geographical area. How much you are restricted is a matter for negotiation and can have an impact on the sale price.
How should the purchase price be paid?
Ideally, you should be paid the full purchase price on completion of the sale. However, some purchasers may want to defer (i.e. delay) part of the payment. This is often done for legitimate reasons, such as cash flow, etc.
How do I protect myself against warranties?
The seller should make “disclosures” against the warranties. The disclosures are usually made in the form of a letter (often call “the disclosure letter”) from seller to purchaser. The disclosure letter will fulfil three functions:
What are warranties?
Having satisfied himself that the transaction is commercially viable, the purchaser will seek warranties in the business sale agreement. For practical purpose, there are three reasons why a purchaser will seek warranties:
What happens to my employees?
In a business sale (as opposed to a share sale) the rights of employees are protected when the business is sold as a going concern. This is by virtue of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (“TUPE”). Under TUPE, all employment rights of employees are automatically transferred to the purchaser, so that continuity of employment is preserved.
View All Professional Negligence FAQs
Professional Negligence
I have settled my claim but I am aware of other claims being settled for more than I have received?
If you have settled your claim but are aware of other similar claims settling for more than you have received this may be a good indication that your claim has been negligently under settled. Not all claims are the same and there may be a reason for the difference in settlement, this is something that we are able to investigate on your behalf. Don’t worry if your claim has concluded, please get in touch we may be able to assist and recover your correct entitlement from your previous solicitors.
My claim has settled but I’m not happy with the amount of compensation I received?
If your matter has settled for less than you had expected, we may be able to help. Not every low settlement is a negligent under settlement, but if there is a significant difference between what you received in damages and what you ought to have received then there may have been negligence on the part of your solicitor. In most cases it is not possible to return to the initial claim, but you could potentially recover the difference between the amount you received and the amount you could have received had your matter been correctly handled. This would be by way of professional negligence compensation from your original solicitors for any act of negligence on their part in regards to the settlement.
What should I do next?
If you think you have a professional negligence claim you should contact our Professional Negligence department.
Will I have to travel to see you?
Again, this is completely up to you. We have client’s all over the Country and happily travel to them. Alternatively, we can meet you at any of our offices.
How involved will I be in my claim?
We know that bringing a legal claim can be stressful and you can be as involved in your claim as you wish to be. Of course, we will always provide you with real and honest advice throughout your claim and will always act in accordance with your instructions.
How will my claim be funded?
We would need to carry our a full risk assessment of your claim before we can advise you about funding. Below are some of the options:
View All Contentious Probate FAQs
Contentious Probate
How do I keep my information private?
This is often a concern for sellers when providing potential purchasers with sensitive information about their business. Any prospective purchaser will need to see information about your business so as to make an informed decision as to whether to proceed and at what price.

 

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