Mrs Zara Mahmood, Author at Integra Solicitors

To be adopted or not to be?

Mrs Zara Mahmood — Fri, 08 Mar 2019 10:20:23 +0000

If you are considering selling or purchasing a property and the road fronting the property is unadopted, it is important to consider the matters that may affect the viability of purchasing or selling such property.

What is an unadopted road?

An unadopted road is not adequately maintained by the highway authority under the Highways Act 1980. Councils are under no obligation to carry out repairs on private streets, even if the public has a right of access.

Private roads, footways and footpaths can be adopted by the relevant local authority if they are brought up to the council’s adoption standard which may include having to improve the pavements, kerbs or lighting. This can be a considerable cost to all relevant property owners.

For most unadopted roads, footways and footpaths the duty to maintain them falls to the owners of the property fronting that part of the road and/or surrounding residents.

If repairs are not made, private roads can fall into serious disrepair, with related problems arising (i.e. flooding). Residents with properties neighbouring the unadopted roads, footways and footpaths may also need to organise insurance cover, as large bills can ensue if accidents occur, and a claim is issued. It should also be noted that residents of unadopted streets will often still need to pay full council tax.

Looking to purchase or sell a property fronting an unadopted road?

If you are concerned about selling or purchasing a property that has an unadopted road fronting the property, then you will be pleased to know that we have experience in dealing with the sales and purchases of properties with unadopted road issues. Feel free to contact us on 0161 870 6629 and a member of our highly trained and skilled legal team would be more than happy to assist.

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Section 35 Requests No More

Mrs Zara Mahmood — Tue, 07 Aug 2018 08:44:50 +0000

The recent implementation of the General Data Protection Regulation 2016/679 (GDPR) has brought about quite a few changes in the way in which we share and use data. However, one thing that has gone slightly under the radar or that some people may not be aware of is that Section 35 of the Data Protection Act 1998, which was used to request information in regards to third party details, has been abolished.

As a result of the GDPR shakeup, a new data protection regime under the Data Protection Act 2018 (DPA 2018) provides an equivalent exemption covering information to be disclosed by law or in connection with legal proceedings. The section of the new Act is as follows:

Schedule 2: Part 1: Paragraph 5: Information required to be disclosed by law etc. or in connection with legal proceedings.

(1) The listed GDPR provisions do not apply to personal data consisting of information that the controller is obliged by an enactment to make available to the public, to the extent that the application of those provisions would prevent the controller from complying with that obligation.

(2) The listed GDPR provisions do not apply to personal data where disclosure of the data is required by an enactment, a rule of law or an order of a court or tribunal, to the extent that the application of those provisions would prevent the controller from making the disclosure.

(3) The listed GDPR provisions do not apply to personal data where disclosure of the data—

(a) is necessary for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings),

(b) is necessary for the purpose of obtaining legal advice, or

to the extent that the application of those provisions would prevent the controller from making the disclosure.

So the next time you want to request third party information, bear in mind that it is Schedule 2, Part 1, Paragraph 5 of the DPA 2018….although it does not roll off the tongue as easy as Section 35!

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Whiplash Reforms Delayed

Mrs Zara Mahmood — Mon, 23 Jul 2018 13:27:26 +0000

Relief for Claimants, as the Government has announced that the draconian reforms to “Whiplash Claims” are being pushed back to April 2020 with large-scale testing by October 2019.

The Government had previously set out its intention to reform, “whiplash claims” on 1 April 2019 by pushing the small claims limit to £5,000 from £1,000.

If the proposed reforms go ahead as currently drawn, Claimants who have suffered soft tissue injuries as a result of a road traffic accident which does not attract an award of damages of £5,000 or more will not be able to recover their legal costs for pursuing a claim. In addition, “whiplash claims” with a duration of up to two years would be subject to a tariff of fixed compensation.

Many Claimants will be deterred from pursuing a claim without legal guidance in an area of law within which that they have no knowledge or expertise. Those Claimants which attempt to pursue a personal injury claim will be vulnerable “Litigants in person” at the mercy of bullish Defendant insurers who will have the upper hand in negotiating with lay Claimants thus resulting in significant under settlements and soaring profits for the insurer.

Accordingly, the only beneficiaries of the proposed reforms look to be big corporate insurers instead of innocent victims of negligent driving.

Even though the proposed reforms have been pushed back, the inevitability of the reforms is highly likely which begs the question, should Claimants be jumping for joy?

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