Kate Campbell-Gunn specialises in personal injury and medical negligence matters at the Wilkes Partnership. The nature of her work means that she only becomes aware of client’s situation when things have deteriorated to a point where it has become necessary to seek legal advice. Here, Kate shares her experience of Toxic Shock Syndrome (TSS) and offers some wise words on dealing with this life-threatening condition.

Kate says “I should start by saying that TSS is rare, but that means that diagnosing and treating it early enough to save a life can be a challenge, even for experienced medical professionals”.

TSS is caused by bacteria entering the body and releasing harmful toxins. It’s often associated with tampon use in young women, but it can affect anyone of any age, including men and children. Once contracted, the condition deteriorates very quickly and can be fatal if not treated promptly. Fortunately, early diagnosis and treatment sees most people make a full recovery.

Symptoms to look out for include:

  • a high temperature (fever) of 39C (102.2F) or above
  • confusion
  • flu-like symptoms such as a headache, chills, muscle aches, a sore throat and a cough
  • diarrhoea
  • sunburn-like rash
  • nausea and vomiting
  • dizziness and fainting
  • the whites of the eyes, lips and tongue turning a bright red
  • breathing difficulties
  • drowsiness.

Kate continues “TSS is a medical emergency. While these symptoms could be due an illness other than TSS, it’s important to contact your GP, local out of hours’ service, or NHS 111 as soon as possible if you have a combination of any of these symptoms. If the symptoms are severe or deteriorate rapidly, go to your nearest A&E or call 999 for an ambulance”.

“Giving your doctor as much information as you can is essential to help them make a speedy and accurate diagnosis. If you’re using a tampon when the symptoms strike you should remove it immediately, but you must tell your doctor if you’ve been using one. Likewise, tell them if you have recently suffered a burn or skin injury, or if you have a skin infection such as a boil. If they suspect TSS you should be referred to hospital immediately”.

If TSS is confirmed you’ll be admitted to hospital and may need to be treated in an intensive care unit. Treatment may involve:

  • antibiotics to treat the infection
  • in some cases, pooled immunoglobulin (purified antibodies taken out of donated blood from many people) may also be given to fight the infection
  • oxygen to help with breathing
  • fluids to help prevent dehydration and organ damage
  • medication to help control blood pressure
  • dialysis if the kidneys stop functioning
  • in severe cases, surgery to remove any dead tissue. It may be necessary to amputate an affected area but this is very rare.

Commenting on the treatment, Kate said: “Most people will start to feel better within a few days once treatment starts, but it may be several weeks before they’re well enough to leave hospital. It’s worth remembering that you don’t develop immunity to TSS so you can get it more than once, but isn’t spread from person to person”.

TSS is caused by either Staphylococcus or Streptococcus bacteria which live harmlessly on the skin or in the nose or mouth. However, if they get deeper into the body they can release toxins that damage tissue and stop organs working. You could be at an increased risk of developing TSS if you:

  • use tampons, particularly if you leave them in for longer than recommended or use “super-absorbent” tampons
  • use female barrier contraceptives, such as a contraceptive diaphragm or cap
  • break your skin, such as a cut, burn, boil, insect bite or surgical wound
  • give birth
  • use nasal packing to treat a nosebleed
  • have a staphylococcal infection or streptococcal infection such as a throat infection, impetigo or cellulitis.

When you’re aware of the risks that can lead to a TSS diagnosis, there are things you can do to minimise the possibility of contracting it:

  • treat wounds and burns quickly and get medical advice if you develop signs of an infection, such as swelling, redness or increasing pain
  • always use a tampon with the lowest absorbency suitable for your menstrual flow
  • alternate tampons with a sanitary towel or panty liners during your period
  • wash your hands before and after inserting a tampon
  • change tampons regularly, as often as directed on the pack (usually at least every four to eight hours)
  • never insert more than one tampon at a time
  • if you’re using a tampon at night, insert a fresh tampon before going to bed and remove it on waking
  • remove a tampon at the end of your period
  • if you’re using female barrier contraception, follow the manufacturer’s instructions about how long you can leave it in place
  • avoid using tampons or female barrier contraception if you’ve had TSS before.

Kate Campbell-Gunn is an Associate Solicitor in the Personal Injury and Clinical Negligence team at the Wilkes Partnership who has dealt with claims involving delayed diagnosis of TSS and secured settlements for her clients for the failure to detect TSS in a timely manner. If you have been affected by any of the issues discussed here, contact Kate on 0121 733 4314 or at kcampbell-gunn@wilkes.co.uk for a free, no obligation chat about your options. Kate works on a ‘no win, no fee’ basis. She can assess a possible claim early on to ascertain if there are prospects of success in a potential TSS claim.

Making a will may seem like a daunting task, but it is essential. Your will directs how your estate will be distributed after your death which gives you an element of control over who benefits, who doesn’t and, to some degree, how your life is remembered. The absence of a valid Will resulted in a dispute which was heard recently by the High Court which clearly demonstrated: making a will is essential, maintaining it is crucial.

Like many married couples, Alan and Margaret made mirror wills appointing each other as sole executor and beneficiary of their respective estates. Sadly, the couple died within months of each other in 2019, leaving no children. Their wills made no provision for what should happen to their estate if their spouse had already died, so the High Court had to step in to make a decision on how those estates should be distributed.

It is easy to understand how the situation arose. Margaret died of cancer in February 2019 and Alan, unfortunately, followed unexpectedly in May that year. Intending to make a new will after his wife’s death, Alan had visited his solicitor but had not executed the document.

Under these circumstances, the law of intestacy came into play meaning that only the family of the person who died last would benefit. Alan’s entire estate, including inheritance from his late wife’s estate, was distributed to his next of kin: his brother, sister, and nephews. As Margaret died first, her family received nothing.

This case clearly illustrates two things:

  • a will should be a comprehensive document that addresses various eventualities
  • a will is a fluid document. It should reflect your circumstances so maintaining it is crucial.

Ellie Holland leads the Wilkes Partnership’s Private Client team from the Solihull office and has extensive experience across a range of inheritance issues including mitigating inheritance tax and financial planning. Ellie’s advice is simple “It is important to consider reviewing your will on a regular basis. Our lives change often, in terms of finances, family, friends, or tax position, so a will should reflect those changes”.

A professionally drafted will often makes provision for a main or sole beneficiary but, should that beneficiary pre-decease you, it is worth considering whether the inheritance that they would have received is ‘diverted’ to another beneficiary of your choosing. As Alan and Margaret’s case shows, leaving your estate to be administered according to the rules of intestacy may not be in line with your wishes.

Dying intestate (without making a will) can lead to a variety of issues including unnecessary inheritance tax liabilities or disputes between family and friends. Tax or fees resulting from a dispute could be costly to the estate meaning that not making a will could actually be a false economy. It could also mean that minors (18 years of age) inherit, whereas leaving a will would allow you to set a more suitable age for that inheritance.

In conclusion, Ellie said “Having a will drafted by a professional may be less expensive than you think. A properly drafted will can mitigate the level of inheritance tax applied to your estate, and it gives you the peace of mind that comes of knowing that your affairs will be properly taken care of after your death. Making a will is essential, maintaining it is crucial”.

If you are considering making a will or need advice on any inheritance or financial planning matters, contact Ellie Holland at the Wilkes Partnership on 0121 733 8000 or at eholland@wilkes.co.uk.

Now that schools have reopened, parents everywhere will be breathing a sigh of relief as we, hopefully, move towards some sort of normality. Naturally, there is some uncertainty around the impact that reopening schools could have on the rate of infection, so we may not be out of the woods yet. The vaccine rollout is progressing at an impressive pace but evidence may yet direct a return to self-isolating and, in turn, home schooling as a result of school closures. Hopefully, such moves would be temporary if they were to happen but, for the time being at least, this additional burden, may not be over yet – particularly for women. Sarah Begley asks if extending the furlough scheme will help working mums as schools reopen?

A recent survey by the TUC suggests that mums have been shouldering the majority of childcare duties during lockdown. Of the 50,000 women who took part, more than 70% of working mothers who had asked to be furloughed for childcare reasons since schools closed said they had been refused.

Of those surveyed, a staggering 90% of working mothers indicated that they had seen their anxiety and stress levels increase during the latest lockdown, and almost half (48%) were worried about being treated negatively by their employers because of childcare responsibilities.

Sarah Begley, Solicitor in the Employment team at The Wilkes Partnership comments, “During the Budget announced on 3rd March 2021, the Chancellor confirmed that the furlough scheme will be extended to the end of September. Employers will contribute 10% of the employee’s salary from July, rising to 20% for August and September. However, there will be no changes to the scheme from the worker’s side, and the eligibility criteria remains unchanged.”

Under the scheme rules, employees can be furloughed with 80% of their wages covered by the government (to a maximum of £2,500 a month) if they are:

  • clinically extremely vulnerable
  • caring for someone vulnerable
  • caring for children who are at home as a result of school and childcare facilities closing.

Sarah continues “There appears to be a widespread lack of awareness among workers that they can ask to be furloughed for childcare reasons. Two in five mothers said they were unaware that the scheme was available to parents affected by school or nursery closures”.

“Flexible furlough”, as the name suggests, allows furlough on a part-time basis. If an employer supports such a request, this option means families could choose to share caring responsibilities. Ultimately, the decision to furlough rests with the employer, and there are instances where a role is just not suitable for this to happen.

Sarah concludes “We are still navigating uncertain times so the extension of the furlough scheme should be welcomed, and encouraged, in appropriate circumstances”.

If you have any questions about the furlough scheme or flexible working, contact Sarah Begley, Solicitor in the Employment team at The Wilkes Partnership on 0121 73 4312 or at sbegley@wilkes.co.uk.

 

 

The Childcare team at Carvers Law are specialists in matters relating to children. Concerns can be raised about a child’s welfare for a variety of reasons but, when Children’s Services do become involved, the skill and experience offered by the Carvers team guides clients through what can be some very challenging times. Even during a pandemic, a child’s welfare is paramount.

Families can find themselves struggling for any number of reasons, even under less trying circumstances than we have all experienced over the last 12 to 18 months. For many, tensions between parents or underlying relationship issues, mental health concerns, substance or alcohol abuse, or managing a child’s behaviour have become even more significant in day-to-day life. Casting an already struggling family unit into a long-term period of enforced ‘closeness’ has served only to exacerbate matters, while adding a lack of personal space or ‘me time’ to a reduced support network of family and friends, sees those problems intensify even further.

But it’s not just emotional and psychological issues that many families are facing. By sharing his own very personal experience of a childhood where food was often in short supply, professional footballer Marcus Rashford has demonstrated that many families are living in poverty and relying on schools to provide one proper meal a day for their children.

During the pandemic many support services have had to change the way they work while we have all lived under quite restrictive guidelines to slow the spread of the virus. The result has been frustration for many when it has been difficult to access face-to-face medical appointments, support for mental health issues, substance or alcohol misuse, or domestic abuse. Social workers have continued to operate as front line key workers throughout the pandemic but, unfortunately, the additional oversight provided by school staff and other professionals has not always been available. Many families have slipped under the radar, or will, in terms of oversight and support.

For families whose children are in the care of a local authority, reduced contact between parents and children has been a very damaging effect of the pandemic. Contact centres across the Midlands have had to meet safety guidelines set by Public Health England and, as a result, local authorities have not been able to offer as many contact sessions; many families are missing out on vital time with loved ones.

Despite Covid-19, the Carvers Law Childcare team wants to offer this reassurance to any parent, child, grandparent or other family member who finds themselves involved with Children’s Services: we are still here to offer advice, support and guidance.

Throughout the pandemic we have had to make changes to the way we deliver our service to parents and families, but the high level of quality of that service has remained unaffected. We can attend meetings with you and represent you in court proceedings, and we are happy to discuss the availability of Legal Aid for your matter.

If the issues raised here have given you cause for concern about the welfare of a child in your family, contact Ruth Harrison-Bryne on 0121 784 8484 or at rharrison-byrne@carverslaw.co.uk

As the spring bulbs start to push through and the success of the vaccination programme offers us glimmers of hope for a brighter future, some sort of stability and routine is just visible on the horizon. For many exhausted, working parents that all begins to take shape when their children return to school on 8 March 2021.

The effects of a year of lockdowns combined with home-schooling and working from home are starting to become clear. A recent ONS Study, using data collected from England, Scotland and Wales, shone a light on the effect that home-schooling has had on wellbeing. An average of 50% of parents report an impact on their mental health, compared with 28% during the first lockdown in 2020. It has also been well documented that the demands of home-schooling have often fallen firmly on one parent. Even when both parents are working from home, 67% of women in, a heterosexual partnership, say they feel disproportionately affected.

Sian Kenkre, family lawyer at The Wilkes Partnership comments, “We usually see a peak in requests for family law advice in September after the long school holidays, and then again after Christmas. This pattern extended as we noticed a sharp increase in enquiries at the end of the first lockdown in 2020”.

Many of those enquiries came from women saying that the effects of the lockdown had brought problems in relationships and domestic arrangements into sharp focus. Under ‘normal’ circumstances these issues may have gone unnoticed as so much time is spent separately; different working routines, time away from the home, but the latest data suggests that this will continue to be a theme in the breakdown of relationships.

With the impact on mental health after an extended period of isolation, worries about job security, finances, and uncertainty about the future, it is not surprising that family lawyers expect to see another surge in divorce enquiries as the restrictions are gradually eased.

The effects of the pandemic on mental health and relationships could be described as the perfect storm. In times of economic uncertainty we know that relationships suffer. Sian continues “I have spoken to many clients during the lockdown period who are struggling to cope with the uncertainties created by the pandemic. Some feel trapped and are worrying about a separation while still cohabiting.

The decision to end a marriage or relationship is deeply personal and, in many cases, a time of great anxiety and sadness. My best advice is to find a lawyer you feel comfortable with. Taking early, practical advice from them to alleviate some of the stress will help you plan for the future”.

Finally, Sian said “Taking initial advice does not mean that you have to follow through with a divorce or separation. It does mean that you are well informed which can help to clarify some of the uncertainties that may be adding to stress levels. A good family lawyer will listen to your concerns, talk you through all of your options, and provide you with clear costs information so that in times of such uncertainty you can have some clarity.”

If any of this feels familiar and you do have questions about divorce or a relationship breakdown, contact Sian  on 0121 733 4316 or at skenkre@wilkes.co.uk.

Cosmetic surgeons have reported an increase in requests for consultations due to “Lockdown face”.

“Working from home” became part of the new normal for many when the country entered a national lock down on 23rd March 2020. As video calls replaced face-to-face conversations, how people looked, or thought they looked, began to take on a greater significance.

The term “Lockdown face” has been coined by cosmetic surgeons to explain the reported surge in requests for consultations as people seek to improve their appearance.

While the number of people opting for surgical and non-surgical procedures is increasing, it’s important to remember that negligent surgery or treatments can be devastating and can result in permanent physical and psychological damage.

It is essential to carry out extensive research before undergoing any kind of cosmetic surgery or treatment:

  • Experience and qualifications: make sure that the surgeon or practitioner has the relevant qualifications to carry out the procedure.
  • Location: cosmetic surgeries or treatments must be carried out in a hospital or other accredited surgical facility. Check that the location is appropriately licenced.
  • Insurance: ensure that the surgeon or practitioner has full insurance in place at the outset of the matter. Without that insurance, if anything goes wrong options for recourse may be limited.

More general considerations include:

  • Will the results be permanent?
  • Does recovery call for time off work?
  • Will undergoing the procedure have any financial implications such as losing time from work, or needing follow up treatments or care?

What happens if the results don’t meet the expectations?

The first step is always to speak to the surgeon or practitioner who carried out the procedure. It may be that the body needs time to heal before the final results can be seen properly. If that isn’t the case, this would be the time to discuss a revision procedure with them.

If tackling any concerns directly with the surgeon or practitioner fails to bring about a satisfactory conclusion, there are other options to consider:

  1. Claim under s.75 Consumer Credit Act 1974: If a payment of £100 or more is made for the procedure by credit card it can be reclaimed under section 75 of the Consumer Credit Act 1974. The credit card company is deemed jointly liable should anything go wrong, but a claim must be made within six years of the procedure being paid for.
  2. Pursue a medical negligence claim: A medical negligence claim has to prove that a duty of care was established but it fell below the standard expected of a reasonable surgeon or practitioner.

Kate Campbell-Gunn, Associate Solicitor in the Personal Injury and Clinical Negligence team at The Wilkes Partnership, understands that negligent surgery or treatment can be devastating, with unsatisfactory results leaving a legacy of physical and emotional pain. By pursuing a claim on your behalf, Kate would seek to recover funds to meet the costs of any corrective treatments along with any counselling that may be necessary following the ordeal.

Contact Kate on 0121 733 4314 or at kcampbell-gunn@wilkes.co.uk if think you may have reason to pursue a medical negligence claim.

 

We’ve all heard the old Benjamin Franklin adage, “In this world nothing can be said to be certain except death and taxes”. Even in 1789 tax was a contentious issue!

Whilst we are of sound mind and capacity, we are free to do with our estate as we wish, subject to certain exceptions, which includes the mitigation of inheritance tax (IHT) on death.

But what if we do not get round to it? We never specifically planned to mitigate IHT, but then mental incapacity strikes and a large tax bill ensues after death?

The Court of Protection is the court in England and Wales which deals with decisions on behalf of mentally incapacitous individuals.

The court’s powers to make decisions come from the Mental Capacity Act (MCA) 2005 and its exercise of those powers is subject to the principles set out in section 1. This includes the requirement that “An act done, or decision made, under this act for or on behalf of a person who lacks capacity must be done, or made in their best interests”.

Indeed this provision also applies to all decisions made by attorneys and court appointed deputies. Section 4 of the Act and the MCA code of practice together with guidance issued by the Office of the Public Guardian should be referred to when coming to a best interest decision for an incapacitous person.

But what is the court’s view on mitigating IHT on behalf of an incapacitous person?

In short, it depends on the particular circumstances of the case but usually involves some lifetime gifting to take advantage of the seven year gifting rule. This means absolute gifts made by a person who then survives seven years do not get counted back into their estate on death for IHT, subject to certain exceptions.

The case of PBC v FMA and Others (2018) specifically examined lifetime gifting on behalf of an incapacitous adult (FMA) for the sole purpose of mitigating IHT on her death. Her estate was around £18m and she had made a Will benefitting her son (PBC), grandson, some other family members, and charity.

The court took a balance sheet approach considering various factors including FMA’s views expressed prior to losing capacity. Senior Judge Hilder stated The MCA does not permit the court to rely on default positions, assumptions or generalisations in making a decision about whether gifts to effect tax mitigation are in the best interests of a particular protected person. The court must decide the application on nothing more and nothing less than a case specific application of section 4.”

In this case, gifts of around £8m were authorised as being in FMA’s best interests.

For advice on any application to the Court of Protection, contact Ann-Marie Aston, Partner and Court of Protection Lead, on 0121 733 4336 or at aaston@wilkes.co.uk, or Sophie Fenn, Associate Solicitor, on 0121 733 4337 or at sfenn@wilkes.co.uk.

Whether it’s preventative or treatment, consent must always be sought from a person receiving a medical intervention. That consent should be given by the person themselves or, in the case of a minor, by a parent or guardian.

So what happens if the patient is an adult who lacks the mental capacity to give that consent? Who can give, or indeed refuse to give, consent on their behalf? The rollout of the Covid-19 vaccine has bought this question into sharp focus as the government attempts to offer protection to those at greatest risk from the virus, some of whom are affected by other medical issues such as Alzheimers Disease or dementia which can impair the ability to give the required consent.

Mr Justice Hayden considered this question at a hearing in the Court of Protection recently. The patient, a care home resident in her 80s who lives with dementia, had been invited to receive the vaccine as part of the vaccination programme. Her doctors considered, in line with government guidance, that it was in her best interests to receive it. However, her son raised an objection believing that she should wait until there is “more evidence” that the vaccine is effective.

Mr Justice Hayden sided with the doctors. He agreed that the patient was at “very high risk”, that receiving the vaccination was “in her best interests”, and that it “should be administered as soon as possible”.

So who can consent to receiving the Covid-19 vaccine on behalf of an adult with dementia when they cannot give consent for themselves?

Any arrangements put in place prior to the onset of dementia could be the answer. A valid Lasting Power of Attorney for Health & Welfare gives the patient’s attorneys the power to make this decision by applying the “best interest” criteria. All such decisions may be subject to different guidance so there is no set provision for how this should be done, but steps should be taken, as far as possible, to seek the patient’s own views and to consider any views they expressed prior to losing mental capacity. Medical or care advice and the views of those close to the person should also be sought.

In the case of the Covid-9 vaccine the views of a GP and carers, along with general medical advice and government guidance, would all be relevant factors in delivering a “best interests” decision.

Where the person does not have an attorney for health and welfare the decision should be made by health professionals in consultation with the person’s next of kin and in line with Mental Capacity Act Best Interest decision making guidance.

It is, of course, likely that a decision made by a health and welfare attorney to refuse the vaccine on behalf of a patient would be challenged by health professionals in the court of protection if that decision was made without going through a best interest decision making process.

Ann-Marie Aston and Sophie Fenn are solicitors in the Wilkes Court of Protection Team and advise on issues relating to mental capacity and Lasting Powers of Attorney.

Dame Barbara Windsor, who sadly passed away earlier this month, was diagnosed with Alzheimer’s disease in 2014 and was a prominent campaigner for research into dementia and better care from those affected by the disease in her role as an ambassador for the Alzheimer’s Society.

Living with dementia can lead to all sorts of emotional, practical and physical issues, which have an impact on the individual and those caring for and living with them. One practical thing that should always be considered following a diagnosis of this nature, is putting in place a Lasting Power of Attorney so that decisions about finances and welfare can be made on the individual’s behalf if they are unable to make such decisions for themselves. 

Lasting Powers of Attorney are prepared when a person has the mental capacity to appoint Attorneys to look after their finances and health or general welfare if they were to lose capacity in the future. A Power of Attorney is registered with the Office of the Public Guardian, the statutory body overseeing how attorneys act.  An Attorney can be a trusted friend or family member or it can be a professional that can step in to act when the person is unable to manage their own affairs.

Attorneys can support the individual with their finances, manage any care fees and ensure that they are receiving the benefits they are entitled to. A health and welfare attorney can make decisions about where that person resides, the care they receive and general welfare decisions.

Without an up-to-date Lasting Power of Attorney, situations can arise where decisions need to be made for someone who has lost capacity and a Court of Protection application for a Deputy to be appointed can follow which is a more drawn out and expensive process.

If you have not got a Lasting Power of Attorney, and would like to make the necessary provisions and plan for the future, please contact Sophie Fenn who is a Solicitor in the Private Client department in our Solihull office.

Sophie will be able to advise you on all aspects of Lasting Powers of Attorney, provide reassurance and will be able to assist you with putting the Powers of Attorney through the Office of the Public Guardian.

The lockdown and its associated restrictions  have had a substantial impact on the economy and continue to do so. More tenants are unable to afford the rent for their commercial properties in the long term. Landlords are looking to let to more reliable tenants or choosing to use their commercial properties for alternative purposes, prompting a rise in the use of break clauses.

In this article Katie Briggs, Associate Solicitor in the Property Litigation Team at Wilkes looks at Break Clauses and some of the common factors both landlords and tenants should consider before serving one.

One of the main ways to end a commercial lease early is to exercise the break option. Break Clauses in commercial leases are extremely common. However, break notices can be a complex area of law, so it is vital to ensure they are correctly drafted and served. It is also important that you are aware of any conditions to ensure that the break is exercised correctly, the most common ones being the tenant giving up occupation and ensuring rent payments are up-to-date.

Case law has demonstrated that failing to adhere to covenants in the lease could deem the exercise of the break ineffective. Examples include the tenant’s failure to paint the property in the last year of the term (Bairstow Eves (Securities) Ltd v Ripley) and the tenant’s failure to provide vacant possession after removing the landlord’s fixtures and fittings (Capitol Park Leeds PLC v Global Radio Services Limited [2020]).

It is important for the tenant to be advised of his requirements under the lease to validly exercise the break clause and to ensure these are done before the break date. Failure to do so may render the break notice invalid. It is equally important for the landlord to be aware of these requirements to ensure the tenant meets these or the landlord could dispute the validity of the break option.

The first step is to review the lease. If there is a break clause, the relevant provisions need to be carefully reviewed and understood.  Not only is this necessary to comprehend the conditions required in exercising the break but it is also necessary to determine the deadline to serve the notice, who it must be served on and how it must be served.

It is important to ensure the notice is served on the correct people, using the correct method of service and in accordance with the break clause. An incorrectly served break notice may be deemed invalid. If there are managing agents for the property, it may also be worthwhile serving a copy on them, however this is to be done in addition to serving a copy on the landlord as opposed to in place of.

It is strongly advised to take independent legal advice upon receipt of a break notice. Not only is this important to determine whether the notice is valid but it can also be important to understand the implications of the break notice, both legally and practically. It will also prove beneficial if you wish to contest the notice and allows you to obtain advice in relation to not compromising your legal position.

Landlords and tenants should note that ending the lease does not prevent claims for failure to repair (dilapidations). You can read more on the topic of dilapidations here.

Whether you are the commercial landlord or the commercial tenant and whether you wish to serve a break notice or have received a break notice, The Property Litigation Team at The Wilkes Partnership Solicitors are able to assist you on all matters relating to break notices.

You can contact Katie Briggs on 0121 710 5839 or kbriggs@wilkes.co.uk.