DBS Law Ltd

DBS Law are stepping out for free legal advice centres

DBS Law Ltd — 2012-05-15T08:07:12+00:00

Lawyers and staff from city firm DBS Law are donning their trainers and limbering up for the 2012 legal walk.

The team from the Broad Street based practice are putting their best foot forward for the 10k walk on Monday 21^st May. The walk, organised by the Birmingham Legal Support Trust, will raise funds to support free legal advice agencies.

Legal advice centres provide vital help for people with issues such as debt management, consumer problems, and family and immigration issues. Without these centres many people would have nowhere to turn for help when they need it.

Angela Fitzpatrick, Head of Personal Injury at DBS Law who’ll be leading the team on the walk said, “Centres providing free legal advice in our city are being subjected to swinging budget cuts whilst the number of people that need their help is increasing. It’s now more important than ever that these organisations are supported and we at DBS Law are committed to doing what we can to help.”

DBS Law prides itself in being rooted in the community it serves. If you would like to help us help members of our community you can make a donation at http://www.charitygiving.co.uk/lisabaker1

M5 Crash victims reveal horrific experience to DBS Law Solicitors

DBS Law Ltd — 2012-05-14T10:59:56+00:00

DBS Law, the UK’s leading Asian personal injury firm, have been instructed by the majority of the victims of the M5 coach crash in which two people died.

In interviews set up for the Birmingham Mail the victims have given a dramatic account of the events of the 24^th March this year. They tell a story of shock and horror that lives with them still.

One of the victims was Jyoti Karki a 22 year old student from Nepal. Jyoti was on the coach with other the other fruit packers on her way to her first day of work for the company. She described how the coach had broken down in the middle of the motor way in dense fog, and recalls that after waiting in an eerie silence for fifteen minutes that all panic broke out as the lorry smashed into the rear of the bus.

“All the windows smashed and we were all thrown violently forward. My leg was trapped under seat which had collapsed. There was lots of screaming and crying, I was very scared,” said Jyoti.

Jyoti is now unable to walk properly and is experiencing terrible pain. Sadly she missed her college exams and will have to repeat her studies for her master’s degree again.

Another victim, a 35 year old father of four children, described seeing the lorry emerge from the mist and instantly hit the coach. He was knocked unconscious. He says he woke up to scene of carnage. Since the crash he has relived the terrifying incident over and over again in his mind and has been unable to sleep and now cannot work.

Head of Personal Injury at DBS Law Angela Fitzpatrick said, “This was a terrifying experience for all those involved .We have heard from a number of the crash victims whose lives have been changed by this event. The memory of the crash, being injured and witnessing friends and colleagues injured and one killed will live with them forever”.

“Many may struggle to work again because of their injuries. DBS Law will be working hard to ensure that those involved receive all the help necessary at this difficult time”.

http://www.birminghammail.net/news/top-stories/2012/05/16/victims-of-fatal-m5-crash-tell-of-ordeal-as-they-prepare-to-launch-compensation-battle-97319-30968164/

DBS Law answers CAB call for assistance

DBS Law Ltd — 2012-05-09T08:59:50+00:00

Savage cuts in local government funding for vital advice services in Birmingham could see them close down. So says the CEO of the Citizens Advice Bureaux Yvonne Davies. With a shortfall of £120,000 to keep the services going Yvonne has made a desperate appeal to businesses in Birmingham to make up the difference.

“All we need is for 1,000 businesses to donate £10 a month and we can keep helping the people of this city when they need advice and they have nowhere else to turn,” said Yvonne.

Broad St based DBS Law has answered the call with a donation of a £1 a day for the next year. More importantly lawyers from the firm will be giving their time to provide free legal advice to CAB clients.

Head of Family law Farhat Akbar and Head of Immigration Sejal Karavadra will hold a surgery once a month at the City Centre CAB, Ground Floor, Gazette Buildings, 168 Corporation Street, Birmingham B4 6TF. The next advice surgery is between 12noon and 1pm on 6^th June 2012.

DBS Law Managing Director Rob Bhol said, “The CAB is a vital access point for 1,000s of people to the justice system. Without it many would have nowhere to turn when they are in trouble. We are delighted to be able to help and we will be urging our corporate clients to do their bit for our community too.”

Guide to the New Student Visa Rules

DBS Law Ltd — 2012-05-04T09:03:52+00:00

The changes to the Immigration Rules which come into force on 6th April 2012 will affect all foreigners coming to the UK under the points based system (PBS). This guide seeks to explore how the recent changes will affect students.

Changes to Tier 4 include:

Financial requirements to apply
Duration of student visa
Post study worker route
Graduate Entrepreneur route
Financial requirements to bring dependents along
Curtailment

The government estimates that when reforms to the student visa system have been fully implemented, there will be around 70,000 fewer student visa grants a year and around 20,000 fewer visas issued to dependants.

FINANCIAL REQUIREMENTS:

To successfully apply for a Tier 4 visa, you need to have enough money to pay for your course fees and for your monthly living costs.

You will score 10 points if you provide evidence that you have enough money to pay your course fees and living costs.

To claim the 10 points, you must show evidence that you:

have paid all or part of your course fees and (if relevant) accommodation fees to your Tier 4 sponsor; and/or
are receiving official financial sponsorship; and/or
have enough money to cover your remaining course fees and living costs, if any.

You can prove you have the money if you have cash in an account in your name (this includes joint accounts with your name) or a loan in your name; or official financial or government sponsorship.

You must be able to prove that the money you need to apply has been in your account for 28 days before you submit your application.

Evidence of money to cover your course fees

If you are applying to start a new course, you must show that you have enough money to pay your course fees for the first year of your course (or for the entire course, if it lasts less than a year).

If you have already started your course and you are applying to extend your stayso that you can continue that course, you must show that you have enough money to pay your course fees:

to the end of the current academic year; or
for the next academic year, if you will continue your course at the start of the next academic year.

If you are applying to do a 'study abroad' programme in the UK as part of an overseas course, you must show that you have enough money to pay any fees you need to pay to the Tier 4 sponsor for the first year of the programme (or for the entire programme, if it is less than a year long).

Your confirmation of acceptance for studies (CAS) tells the amount of money you need to show to pay your course fees. If you do not know what this amount is, you must ask your Tier 4 sponsor.

Evidence of money to cover your living costs

The amount of money that you will need to show depends on:

location: where you will be studying; and
whether you have an 'established presence' as a student in the UK; and
length of your course

Where you will be studying

The UKBA calculates your living costs as:

£1,000 a monthif you are spending more than half of your study time in inner London; or
£800 a monthif you are spending more than half of your study time outside inner London

'Inner London' are any of the following London boroughs: Camden, City of London, Hackney, Hammersmith and Fulham, Haringey, Islington, Kensington and Chelsea, Lambeth, Lewisham, Newham, Southwark, Tower Hamlets, Wandsworth, Westminster.

Established Presence

Your money requirement will be lower if you are currently studying or have recently finished studying in the UK (‘established presence’).

You have an established presence:

if you completed a single course of study lasting at least 6 months during their most recent permission to stay in the UK; or
if you are applying to continue studying on a single course in the UK, of which you have completed at least 6 months.

Additionally, your current or most recent permission to stay must have been:

under Tier 4; or
as a student under the former Immigration Rules that were in force until 30 March 2009; or
as a postgraduate doctor or dentist.

You cannot amalgamate 2 or more courses to make up the 6 months' study.

Amount of money needed

If you are applying to enter or remain as a student without having an established presence in the UK as a student, you must have funds amounting to:

If you have an established presence, you must show that you have enough money to cover your living costs for:

2 months; or
the length of your course, if this is less than 2 months.

If you do not have an established presence, you must show that you have enough money to cover your living costs (see above) for:

9 months; or
the length of your course, if this is less than 9 months.

If the length of your course includes a part of a month, the time will be rounded up to the next month.

Duration Of Adult Student Visa

If your application is successful, we will allow you to stay in the UK for the full length of your course, and for some time (depending on the type and length of your course) after your course finishes. At the end of that time, you must leave the UK unless you have applied to extend your stay or to switch into another immigration category.

The government introduced a five-year time limit for study at bachelors and masters degree level with certain exemptions for longer courses and doctorates at higher education institutions. The Home Office believes that this will ensure that the student route serves its proper role as a means of temporary entry to the UK, not of achieving permanent settlement here.

Your student visa will now allow you to stay in the UK for the whole duration of your course, plus additional time, which varies according to the length of your study.

MAIN COURSE OF STUDY: (including student union sabbatical officers)

12+ months: additional 4 months;
6-12 months: additional 2 months
less than 6 months: additional 7 days

SHORT COURSE OF STUDY: to prepare you for study

12+ months: additional 4 months;
6-12 months: additional 2 months
less than 6 months: additional 1 month

POSTGRADUATE DOCTORS AND DENTISTS ON A RECOGNISED FOUNDATION PROGRAMME: The full length of the course (up to a maximum of three years) plus one month after the end of the course

WORKING WHILE UNDER TIER 4

The time students are allowed to spend on work placements has been limited in order to crack down on those who come to the UK to work, rather than study.

The previous limit of 50% of the length of the course has been changed to one-third.

POST STUDY WORKER ABOLISHED

Students could previously work in the UK for 2 years after completing their studies, by applying under Tier 1 (Post Study Worker) route of the points based system.

Following 6th April 2012, Post Study Worker route, deemed far too generous in offering a two-year visa with no work restrictions, is no longer available.

The changes to the rules introduce a more selective system: in order to benefit the British economy, it has been agreed that only those who graduate from a university and have an offer of a skilled job at a salary of at least £20,000 (or more in some cases) from a reputable employer accredited by the UK Border Agency will be able to apply to continue living and working in the UK.

GRADUATE ENTREPRENEUR: NEW ROUTE

On the other hand, the new Graduate Entrepreneur route will introduce up to 1,000 places for students working on world class innovative ideas, who wish to develop these and who fall short of the requirements set out in Tier 1 of the points based system – Entrepreneur route.

Young entrepreneurs or small company directors will be considered to remain in the UK after their studies if they have £50,000 to invest in their business.

CURTAILMENT

Curtailment is where leave is cut short by the authorities for a reason relating to non compliance of a particular visa.

From 6th April 2012, curtailment is mandatory where a migrant has failed to start or have ceased their work or study with their sponsor. This also includes cases where a sponsor notifies the UK Border Agency that a migrant is no longer pursuing the purpose of their visa.

The new changes will seek to reduce the curtailment threshold which is the level of leave you have left (which means that the authorities will not normally pursue curtailment) from 6 months to 60 days. The new changes also set out the limited exceptions to mandatory curtailment.

Car Crash Kills Dreams of Flying

DBS Law Ltd — 2012-05-02T11:29:46+00:00

An ambitious young air steward who wanted to be an airline pilot had his dreams shattered in a horrific car crash back In April 2004. The bright young man who dropped out of university to pursue a career in air travel was lucky not to lose his life on the ground when he was hit by a careless driver near to London’s Heathrow airport. His car was pushed off the road with such force that the impact totally crushed the driver’s side of his vehicle. The crash caused him terrible injuries to his leg, skull and to his brain.

Abdul (not his real name) made what seemed to be remarkable recovery initially. He returned to work within a year. However, shortly after that he started to suffer fits. The seizures were diagnosed as post-traumatic epilepsy. Abdul soon lost his job and has been unable to work for the last 6 years and tragically his plans to become a pilot have been dashed.

Abdul has since been assisted with his daily living by his parents and his flat has been adapted to cope with his illness at a considerable expense. It is accepted by all the medical experts that have examined him that Abdul will never be able to work and he will need to be cared for the rest of his life. Despite their devotion to him, Abdul’s parents will not be able to care for him for ever so it was important for them to get everything in place for him as soon as possible.

Abdul turned to DBS Law for help in securing compensation for his injuries and his loss of income. The case was very complex and presented a number of obstacles not least the fact that the careless driver was also uninsured.

The case was dealt with by the MIB, basically the government body that picks up the pieces on behalf of irresponsible drivers. The MIB accepted primary liability but alleged that our client was not wearing a seatbelt and should have his damages reduced for what’s called contributory negligence. This of course caused some anxiety for Abdul and his family.

Fortunately DBS lawyers have a lot of experience of dealing with serious injury cases and were able to employ the services of an expert in engineering to give evidence. The expert testimony showed that the severity of impact damage was so great that a seatbelt would not have made any difference.

The case took a long time to resolve because Abdul needed treatment for his epilepsy and the medical professionals needed time to assess the likely outcomes in terms of his ability to work or care for himself.

It was a long time coming but late in 2011 DBS were able to get into the nitty gritty of negotiating a settlement. The final medical evidence was gathered together and then a round table meeting was organised to settle the claim.

In the end a deal was done for a substantial sum of money that will take care of Abdul’s needs for the rest of his life. The settlement is a great relief to him and his family but still no compensation for the loss of his cherished dreams.

Abdul’s solicitor Louis Carter said “Post –traumatic epilepsy is a life sentence for any sufferer. It is a difficult and complex condition to prove in any case. It is only by knowing the right experts to use and evidence to gather that justice can be done for any claimant. I am glad that in this case we were able to achieve the right result for our client”.

DBS Law teams up with Birmingham City Council on Road Safety Campaign

DBS Law Ltd — 2012-05-01T11:49:13+00:00

Birmingham based solicitors DBS Law has teamed up with Birmingham City Council to roll out a road safety campaign across the regions schools. The agreement signed this week will enable the lawyers to take their safety presentation which features an animated film starring the firm’s own talking clock, with assistance from officials of the local authority.

DBS Law launched the road safety campaign for children in Birmingham back in November last year. The lawyers and staff, who are used to dealing with the devastating aftermath of road accidents, have been spending some of their time educating school kids in the city with an interactive presentation to get them thinking about staying safe while crossing the road.

The workshop has been to three schools so far and DBS Law hope to cover as many as 100 this year now it has the endorsement of the Council. The firm’s Managing Director Rob Bhol said, “We are delighted to have signed the agreement with our Council. The workshops have been very popular with the school children we have been to see and their teachers have told us that the message is really getting through to the children. Now thanks to the council we can get this important message out to many more of Birmingham’s children.”

Birmingham City Council’s Smarter Choices Team Leader Mike Cooper said “we are really pleased to be working in partnership with DBS Law in making a significant contribution in promoting road safety. The partnership allows us to reach more schools therefore more children being taught key road safety skills”.

DBS Law expands Personal Injury Team

DBS Law Ltd — 2012-04-24T13:50:01+00:00

Birmingham based DBS Law has boosted its PI team with the appointment of Partha Biswas an experienced specialist in serious injury claims. Partha joins DBS Law after 16 years at national firm Russell Jones and Walker, where he was head of the Public Liability department. Partha has extensive experience of all types of personal injury cases and was responsible for one of the largest ever Pain Management settlements.

Partha has a keen interest in all personal injury work but the challenge provided by sports and recreational injury gives him particular satisfaction. He agreed to move to DBS Law after becoming aware of the work the firm does in the community and its campaigning efforts to protect No Win No Fee arrangements for accident victims. Partha Biswas said “I’m looking forward to working with this progressive firm; I share its values of justice and its community spirit.”

The appointment comes after steady growth in the firm’s serious injury work over the last three years.

Head of Personal Injury at DBS Law Angela Fitzpatrick said,

“I am delighted to have Partha on board he is a highly regarded litigator with an excellent reputation in personal injury. I know he will be an inspiration for our young lawyers and trainee solicitors. Partha’s experience will help us maintain the first class service we provide to all our clients as we continue to grow our business.”

Family Law experts urge MPs to protect victims of domestic violence

DBS Law Ltd — 2012-03-07T16:35:25+00:00

Threats to victims of domestic violence from changes in legal aid system may have been avoided by a Lord’s amendment to a government Bill this week. However, Birmingham family solicitors have warned that victims’ lives will still be put at risk if the Government overturns the amendments in the House of Commons later this month. DBS Law is calling on the Prime Minister to mark International Women’s day with a guarantee to the concessions in the Bill.

Writing on her blog, DBS Law’s Head of Family Law, Farhat Akbar explains,

“The Government original proposals in the Legal Aid Bill would have withheld legal aid to all victims of domestic violence apart from those who were able to provide evidence such as a non-molestation order, a criminal conviction against the perpetrator or an active child protection plan within the preceding twelve months, all of which are rare.

“This would have ruled out any help for victims who only had evidence such as records of a police call out, using the services of a women’s refuge to back up their claim of violence against them by a partner. So the concessions in the amendment to help many more victims are most welcome.

“It is essential that these additional protections remain in the Bill when it becomes law. If the Government overturns the amendment in the Commons then thousands of women will be put in grave danger as they will be forced to remain in abusive relationships.”

DBS Law has written to the Prime Minister asking him to mark International Women’s Day with a personal guarantee that victims of domestic violence will be protected in Bill when it becomes law. The firm is also urging all its West Midlands clients to write to their MPs asking them to support the amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill.

Birmingham property lawyers warn of economic fall-out from stamp duty

DBS Law Ltd — 2012-03-07T14:24:06+00:00

Property specialists at Birmingham solicitors DBS Law are calling on the Chancellor of the Exchequer to extend the Stamp Duty exemption for first time buyers to avoid dire economic consequences in the West Midlands.

Purchasing a residential property over the value of £125,000 attracts the dreaded Stamp Duty, but since March 2010, first-time buyers let off the tax on the purchase of all homes costing between £125,000 and £250,000. This move was designed to kick-start the housing market and up to now this has been successful.

Many mortgage lenders have reported an increase in the number of mortgages approved in the last few months as first time buyers hope to complete on their house purchase before 24 March. It has also been widely reported that house prices may have slightly increased over the last few months.

This exemption comes to an end on 24 March 2012, and thereafter first home buyers will have to pay the whacking 1% on top of their house purchase. For many younger people on tight budgets this will be the thing that keeps them at home with mum and dad.

Head of Property Law at DBS Abdul Zaheed believes closing down the exemption could be disastrous for the West Midlands economy. “The stampede we are seeing of first time buyers trying to complete purchases this month will surely be followed by crash in the market when the exemption ends. The economy is very fragile right now and halting activity in the housing market will have ramifications throughout the economy of our region. We can only hope the Chancellor has a nice surprise in his Budget for first time buyers.”

Birmingham firm wins top boss award and tell Government its plans for workers are wrong

DBS Law Ltd — 2012-02-28T11:49:11+00:00

DBS Law is celebrating today after winning a place in the prestigious list of Top 100 companies to work for. DBS Law is the only Birmingham firm listed and Managing Director Rob Bhol is concerned that many employers in the city are using the recession as an excuse to avoid investing in the staff. “I’m worried that many companies will be taking a lead form the Government and relying on the economic situation to retain staff and increase productivity through fear and insecurity. This short term view is being encouraged by the Government’s plan to weaken job protection laws. We believe this is a bad approach for business.”

The Sunday Times award for Top 100 Companies to Work For is presented every year for the fulfilment of range of criteria including, great leadership, and investment in staff training and development, the health and wellbeing of employees, for fair pay and benefits and for community service.

Rob Bhol said, “We are delighted to have won this award again this year. Valuing our staff and playing our part in the community are the corner stones of our business and it’s great to be recognised as a responsible employer.

“The legal services industry is experiencing challenging market conditions right now over and above those caused by the economic crisis. So we’ve worked harder than ever to protect our staff from the storm, by building their skills and confidence so they can meet every challenge head on and give our clients a top class service. This policy has been reflected in a steady financial performance and I’m proud to say this success is shared fairly with our staff.

“We are aware that this may be viewed as an unusual approach to managing people, we hear the Government talk about the relaxation of employment laws to help business. We think this negative approach is counterproductive. Business is like any other activity you get out what you put into it and well treated employees are more productive, it really is that simple and an easy way to sack staff is not what business needs to succeed.”

Government employment law changes include extending the qualifying period for claiming unfair dismissal from 1 year to 2 and making claimants’ pay a £1000 deposit for a tribunal claim.