Following the Taylor Bracewell Q&A in our August/September edition of the Doncaster Echo, there were a number of your questions we couldn’t fit into our magazine. Here, we round off your questions, expertly answered by our friends at Taylor Bracewell.
Be sure to keep your questions coming by emailing email@example.com with any legal worries or concerns.
My ex-partner is very abusive, I have tried my hardest to hide this from my children, and he has always been great with them. I managed to get away and I’m now living at a friend’s, but he keeps turning up and pleading with me. He gets mad if I don’t respond and it scares me what he will do if he turns up one time and it’s just me. I don’t want an injunction because of the kids or to ruin his life by going to the police, but I just want this to stop, please can you give me some advice on how?
An application for a non molestation order may be the best way forward. As you would prefer not to do that, you could have a Solicitor send a warning letter to your ex partner. This would confirm that unless he moderates his behaviour that you may have no option but to involve the police or make an application for a non molestation order. Legal aid can be available to send such a letter and for the order itself. You may want to refer to mediation to have discussions about how he communicates with you. However, if there has been abusive behaviour, the mediator may deem it not appropriate for mediation. A breach of contract entitles you to claim for your losses so long as they are reasonable. You must also mitigate your loss which means that you should try to reduce the size of the loss / claim wherever possible.
I found a bug in my canned soup recently from a local supermarket, I had already eaten half of it! I started being sick straight away. I took it back and they told me that they would send it off for testing, however, I’ve not heard anything back, and now I can’t even look at tomato soup the same! Surely they have to do something?
Firstly, I would advise that you seek medical attention to establish if any harm, such as food poisoning has been suffered due to the insect. If you have suffered from food poisoning you may claim compensation for the pain, suffering and financial losses received as a result. If not unfortunately there is no legal recourse.
I have twins, they were born early and due to this I have one that has a few difficulties. Recently I was at the doctors and noticed the computer screen said something about a drug being incorrectly administered during labour and it had a warning flag next to it. I was never made aware of this, I can barely remember the birth as it was quite a stressful time. Am I legally allowed to look into this and access my records?
In relation to any possible claim, you must establish that the treatment about which you complain was negligent medical treatment which fell below the standard expected of a reasonably competent and skilful medical specialist and that as a consequence of the negligent medical treatment you received, you have experienced injury, suffering and/or loss. To achieve this, it will be necessary to obtain independent medical evidence from an expert in the appropriate area of medicine. Such an expert will need to consider any available medical records to produce a report. We have access to independent medical experts from all areas and we will seek to instruct the most appropriate expert to address the issue of the negligent medical treatment you have received. Any expert we instructed on your behalf must comply with their duty to the Court under the appropriate procedures and protocols for medical negligent claims
I am looking into running football classes (voluntarily, I don’t want to make a profit) for children in my area. Do I need a CRB check?
If the children will be unsupervised at any time during the classes then a Disclosure and Barring Service search (the replacement for Criminal Records Bureaux CRB searches) will be required, even though it is a voluntary role.
I own a company, my friend used to work for me but recently left after a dispute – non work related. She’s now set up a business doing the same thing, under a similar name and is contacting all of my customers and offering them the services for cheaper! Is she allowed to do this?
On the face of it your ex colleague could be seeking to trade using the goodwill generated by the business of your company and accordingly there may be an action for passing off and possibly an injunction to prevent her current activities continuing. She may also be breaching confidentiality or restrictive covenants (if she had an employment contract in place) by using information obtained during her employment.