New time limits have been introduced for challenges to be registered with the NHS. Different time limits now apply to claims concerning living individuals currently receiving care; and claims by families in respect of recovering historic care home fees paid by or on behalf of deceased relatives (known as “retrospective reviews”).
Those currently receiving care
A new time limit has been introduced for challenging decisions of Primary Care Trusts in the cases of living individuals. On 1 April 2012, a time limit of six months has been imposed for the individual or their representative to seek a review of the Primary Care Trust’s decision.
Retrospective reviews
If you are considering claiming back care home fees paid, in respect of an individual who is now deceased, the new time limits are as follows:-
For care home fees wrongly paid in England between 1 April 2004 and 31 March 2011, a claim needs to be registered with the Primary Care Trust before 30 September 2012.
For care home fees wrongly paid in England between 1 April 2011 and 31 March 2012, a claim is to be registered with the Primary Care Trust before 31 March 2013.
It is crucial that people are aware of these new deadlines, as the clock is ticking for families and Executors of Estates to reclaim wrongly paid nursing home fees.
If you think you have a claim and would like advice, please contact us without delay
Daniel Winter (profile) 
Wednesday 16th May 2012
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March has proven to be a bumper month for Nockolds LLP Solicitors, receiving recognition from their staff, clients and trainees through the following awards:
The Weston Homes Professional Business Partner Award
The Times Two Star Accreditation as an “Outstanding Employer”
Nominated for Best Recruiter—Medium Regional Firm through lawcareers.net Training and Recruitment Awards.
The Weston Homes Professional Business Partner Award is an annual event when Weston staff nominate the firms considered to provide consistent levels of excellent service in their field. The Professional Service Category covers organisations that support and advise Weston Homes in legal, financial, and other specialist areas.
“This is truly a fantastic achievement for the entire Firm but particularly to those teams and individuals that deal with Westons on a regular basis, especially the Commercial Property and Plot Sales Team. We are exceptionally proud to have won this award and appreciate the high calibre of all the nominees.”
Michael Talbot, Partner
The Times Best Companies Accreditation system surveys employees and, based on their responses, awards Michelin-style Star Status to organisations.
Nockolds received the “Outstanding” Two Star Accreditation alongside national law firms Mischon De Reya in London and JMW Solicitors in Manchester.
Nockolds has also been nominated for a further award, for Best Recruiter with lawcareers.net Training and Recruitment Awards. This category recognises firms that operate good recruitment practices. There are six firms that have been nominated and we will find out the result at an awards ceremony in London on 24 May.
“Winning awards is a fantastic accolade for any firm and to win two and be nominated for another is simply outstanding. The whole team at Nockolds Solicitors are committed to maintaining the highest standards in terms of delivering the highest service to clients, adhering to our client care policies and rewarding our staff .”
Darren Hayward, Managing Partner
Darren Hayward (profile) 
Michael Talbot (profile) 
Sue Stevenson (profile) 
Monday 7th May 2012
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It has been possible to rectify the Will of a deceased person since the Administration of Justice Act 1982 came into force. The recent case in the Estate of Bridget Murray is an extreme example of a claim for rectification and demonstrates just how far some families will go to enforce changes to a Will which on the face of it, appears to incorporate the deceased’s last wishes.
Mrs Caroline Barrett was named a beneficiary of Bridget Murray’s Will. Bridget Murray, Mrs Barrett’s grandmother, a strict Catholic, made the Will a few months before she died. However, Mrs Barrett’s aunt and two uncles issued a claim to rectify the Will on the basis that:
(1) the legacy to Mrs Barrett was a drafting error by the solicitor who drew up the Will, and
(2) Mrs Murray actually had no intention of leaving any of her Estate to her granddaughter because, in her mind, her granddaughter had lived in sin by moving out of her family home to live with her boyfriend for the 18 month period prior to their wedding.
Under the Administration of Justice Act 1982 if a Court is satisfied that the deceased’s Will failed to carry out their intentions due to either a clerical error by the person who drafted the Will, or a failure by the Will draftsman to understand the instructions of the deceased, the Court may order that the Will be rectified to carry out the true intentions of the person making the Will.
In this particular case, the Court was satisfied that there was sufficient evidence to demonstrate that Mrs Murray did indeed intend to cut her granddaughter out of her Will. The Judge accepted that some might not agree with the strong religious views held by Mrs Murray, but it was not the Court’s decision as to whether those views were held fairly.
This case was widely reported in the press and is a good example of how rectification claims work in practice. It is also a clear example of how important it is that anyone who wishes to make a Will seeks professional advice and instructs someone who has sufficient experience and legal knowledge to draft the Will accurately so that it will carry out their intentions.
Daniel Winter (profile) Wednesday 2nd May 2012
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Synopsis
Traditionally an insurance company will pay out to mesothelioma sufferers if it has been the employer’s insurer at the date of inhalation. However, following the Court of Appeal’s decision relating to public liability policies in Bolton MBC, the Municipal Mutual Insurance Limited (2006) EWCA Civ 50, (2006) 1WLR1492, some insurers have declined to pay out on Employer’s Liability Policies in force at the date of inhalation to mesothelioma sufferers or to the employers liable to them. Their argument was the wording of their policies were sustained and/or contracted rather than the usual causation wording. In insurers maintain that liability was triggered when the tumour developed as that was when the injury was sustained and/or contracted.
Court of Appeal Judgment
The Court of Appeal accepted the insurer’s argument that the mesothelioma sufferer sustained their injury not at the date of inhalation but in a period five years prior to diagnosis. The Court of Appeal did not, however, accept the same argument with regard to contracted and said that contracted had the same meaning as caused.
Judgment of the Supreme Court
The Supreme Court dismissed the insurer’s appeal with regard to the contracted wording upholding the decision of the Court of Appeal that contracted should have the same meaning as caused. They also held that the word “sustained” may initially appear to refer to the manifestation of an injury but on looking at the underlying purpose of Employer’s Liability Insurance it is the initiation or cause of the accident/disease which injured the employee. They therefore concluded that a disease may properly be said to have been sustained by an employee when it was caused or initiated even though it may not have developed or manifested until many years later.
Local Government Team
Nockolds have a strong multi-discipline team within the Local Government sector, drawing on experience across the entire practice. We deliver specialist advice to secure the objectives of the public sector within the regulatory frameworks that apply.
Ivan Moody represented Municipal Mutual Insurance Limited in the High Court and Court of Appeal.
If you would like to discuss any issues raised in this update or any other Local Government related matters, please do not hesitate to contact Ivan Moody on 01279 712532 or email imoody@nockolds.co.uk.
Ivan Moody (profile) 
Tuesday 1st May 2012
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