Showing posts with label lawyers. Show all posts
Showing posts with label lawyers. Show all posts

Thursday, 23 July 2015

Even Solicitor Firms Have To Play By The Rules And Regulations

Even solicitors know that they have to play within the rules and if they don’t, they face the likelihood of being punished just like anyone else. Given that solicitors should know the law better than most people, they should find it easier to stay within the constraints of the law, but there will be times when people step over the line.

This is the case for Elizabeth Cousins, a Brentwood solicitor, who has been banned from acting as a director for a period of five years. She was the former principal partner of the Scannels Hunt company and she has been disqualified due to a non-payment to the crown over a five year period. The debt to the crown stood at over £200,000.

Directors have legal requirements and obligations

The firm was placed into liquidation back in November of 2012 and at this point there was a tax liability to the HMRC of close to £240,000. Cousins has provided the Secretary of State for Business, Innovation and Skills which means that she is bound for five years, which runs until June 2020. She is also unable to control or manage a firm during this period. The disqualification is due to the fact that Cousins failed to ensure that Scannels Hunt complied with their statutory regulations and that her actions caused it to trade in a detrimental manner with the HMRC.

Mark Bruce is the Chief Investigator at the Insolvency Service and he released a statement, saying; “The Insolvency Service will rigorously pursue persons who seek to undermine the tax system by attempting to avoid their statutory obligations to HMRC. Limited liability protection is a privilege to ensure businesses trade in an open and fair market. Such protection is only available to those who comply with their obligations. If those obligations are ignored, that protection will be withdrawn.”
Even though solicitors are more likely to be at ease and in understanding of the law than many of their clients, this is a further example of the fact that no one is above the law. You could argue that there are times that solicitors are more likely to push the law to its limits, because they are more comfortable with what is and what isn’t allowed, but there will always be times when professionals overstep the mark or go too far.

Sometimes problems can spiral quickly

It is often the case that people don’t set out to cause trouble in this manner, but very quickly, an issue goes way above their head and they find that they cannot resolve the matter in good time. This is definitely the case with many firms who find that they end up being liquidated. Not paying crown debts is often viewed as a short term solution to financial matters and companies will take this action in the hope that they resolve their problems and have money to spend in the near future. Of course, often the financial problems get worse and not paying crown debts only exacerbates the situation that companies are in. If you are looking to make a problem worse, not paying your main debts is a sure-fire way to do it, but it is something that many professionals overlook or forget about. There will be times when companies have to focus on the short term but this can never come at the expense of long term planning and expertise.

When a solicitor of lawyer faces charges like this, there is a need to find a reliable and reputable solicitor firm to represent them. It is easy to see why there will be some reservations about working with particular firms in the industry, and many companies may prefer not to be represented by certain firms. After all, you don’t want to open up all of your secrets to a potential rival but when you face charges of a very serious nature, you can’t really be too fussy or choosy about what sort of representation you have. There is a need to find the most effective, efficient and reliable representation you can find, and this is something that can have the best long term impact.
There are specialist solicitors in all disciplines, even in director disqualification work. No matter what sort of outcome a director is looking for, hiring the best defence team will provide the strongest chance of achieving these aims.
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Andrew Reilly is a freelance writer with a focus on news stories and consumer interest articles. He has been writing professionally for 9 years but has been writing for as long as he can care to remember. When Andrew isn't sat behind a laptop or researching a story, he will be found watching a gig or a game of football.

Monday, 2 March 2015

Commercial Vehicle Accidents - Statistics Point To Danger From Crashes With Commercial Vehicles

When a commercial truck drives down the road, it becomes an instant danger to everyone else on the freeway. The sheer size and force of a commercial truck make it more dangerous than the average car, and tired drivers and dangerous cargo can add fuel to these fundamental risks. Understanding the facts and statistics with respect to these crashes can help you be safer on the road and think strategically about seeking compensation after a devastating crash.


Key Statistics About Commercial Vehicle Crashes


According to the Federal Motor Carrier Safety Administration, over 5 million motor vehicle traffic crashes occur on U.S. roads every year. In 2011, 329,000 accidents involved large trucks and buses. That same year, 112,000 people suffered injuries, and 4,018 people died in crashes involving large trucks and buses.
Statistics show that the larger the vehicle, the more dangerous it is on the road, and the higher the risk that the crash will injure other drivers. For instance, in 2013, the Insurance Institute for Highway Safety Highway Loss Data Institute found that a total of 3,602 people died as a result of crashes involving large trucks. Only 16 percent of these fatalities involved the truck drivers themselves; occupants of passenger vehicles accounted for 67 percent of truck crash deaths, and pedestrians, bicyclists or motorcyclists accounted for 15 percent of related fatalities.
The risk of a crash increases based on a number of factors, including:
  • Size of the vehicle
  • Weight of the vehicle
  • Nature of the cargo
  • Length of time the driver has been driving
  • Distance driven


Putting a Price Tag on Commercial Truck Accidents


While the cost of a lost human life is difficult if not impossible to measure, the Federal Motor Carrier Safety Administration released a report in April 2014 that found that the cost of severe injuries caused by vehicle crashes often easily exceeds $1 million. When an individual suffers injury to the point that he or she can no longer work, or when someone dies in a crash, the loss of income and other damages can add up to staggeringly high amounts.


Why Commercial Vehicle Accidents Are More Dangerous


Large truck crashes constitute just a small portion of the total number of vehicle crashes each year in the U.S., but they tend to be far more costly than the average motor vehicle accident and far more likely to lead to fatalities an serious injuries. Why is this? Many factors contribute to the problem:
  • Commercial trucks carry cargo that can become tossed as projectiles or that may include hazardous materials.
  • Commercial trucks can weigh around 80,000 pounds – this is twenty times more massive than a standard four-door car. 
  • Truck drivers often work for hours on end, and many drivers fail to get adequate rest and nutrition.
  • Some commercial drivers lack training to handle their vehicles; others get distracted by text messaging or cell phone use.
  • Thanks to their heavier masses, commercial vehicles take longer to stop than passenger vehicles do.

If you have been injured in a crash involving a commercial vehicle, you may be eligible to seek compensation for your injuries, time off of work, loss of consortium and other damages. Be sure to collect and preserve potential evidence to use in your case, including names, contact numbers and insurance information from all parties involved in the crash. Take pictures of the accident scene and any injuries, and save paperwork like police reports or emergency room documents. If you’re too sick or exhausted from the ordeal, deputize someone (like a fellow passenger) to get this information for you.

Steve Roberts is the managing attorney at the Law Office of Steve Roberts, LLC. Steve specializes in personal injury cases that stem from motor vehicle accidents. He has developed his personal injury practice and became part of the Colorado legal community as a member of the Colorado Trial Lawyers Association and the Thompson G. Marsh Inn of Court.