Kirsten joined BTTJ in June 2021 as a Paralegal in our Medical Negligence Department having completed a Law degree at Manchester Metropolitan University. Kirsten started her LPC LLM in January 2022 and passed it in June 2023.

She was promoted to the position of Trainee Solicitor in January 2024. Her training contract involved working in practice areas including clinical negligence, deputyship and family law.

Lizzy joined BTTJ in June 2021 as a Paralegal in our Medical Negligence Department having completed her Law degree at The University of Law.

In January 2024, she passed her LPC LLM qualification with Distinction from the University of Law.

Lizzy was promoted to the position of Trainee Solicitor in January 2024. Towards the end of 2024 she started training in our Private Client team.

Both are qualifying into The Medical Negligence team. Headed up by Partner Tom Barnes, operating nationwide, the team spend their time, experience and knowledge helping people who have been affected by preventable medical treatment mistakes and negligent treatment and deal with a wide range of cases including orthopaedic injury, gynaecological and birth injury, fatal cases, dental and eye injury claims.

Huge congratulations to them both, very well deserved after all of their hard work! From all of your proud colleagues at Brindley Twist Tafft & James.

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Upon looking further into these adverts, many of these companies that offer “Local Will Writing for Coventry Residents” for example, are not local at all – in fact one of the companies we found were actually based in Gibraltar!

As a firm of solicitors, you would expect us to advise you to use us to write your Will…. And that is true – but we explain our reasonings for this below.

What is the difference between Will writing companies and Solicitors?

The main difference between Will writing companies and solicitors is that anyone can become a Will writer – many aspects of planning are non-regulated, meaning anyone can write a Will, regardless of training or expertise – whereas Solicitors are regulated and have to adhere to strict codes of conduct. It is unlikely that Will writers are fully legally qualified, but if they’re a member of a recognised trade body, they have at least been trained in Wills and estate planning.

An experienced Solicitor or Chartered Legal Executive undergoes years of study, training and practice to assist clients, they will firstly obtain a full understanding of your family dynamics and financial circumstances, and with this insight will then offer tailored Will advice as to the type of Will – be it basic or more complicated – that meets your needs and does so in the most tax-efficient way. They will also oversee the signing and witnessing of your Will to make sure that the process is properly carried out and can advise on additional services to complement a Will, such as a Lasting Power of Attorney (LPA) or Trusts. They have also good professional relationships with other local professionals such as financial advisors if required.

Solicitors firms are members of The Law Society and regulated by the Solicitors Regulation Authority (SRA). The SRA regulate all solicitors and most law firms in England and Wales. They protect and help the public by making sure solicitors and law firms meet their high standards, they take action against solicitors who don’t follow their rules – for instance, by taking someone’s money or acting dishonestly and people can get their documents and money back, if, for example, a law firm shuts down suddenly. If an issue were to arise regarding the validity of your Will, you have the security of the regulation authorities, alongside this, solicitors are required by law to have adequate professional indemnity insurance.

Members of our team have STEP accreditation – STEP members are internationally recognised as experts in their field, with proven qualifications and experience. As specialists in inheritance and succession planning, STEP members draft Wills and trusts, administer estates, act as trustees and advise families on how best to structure their finances to ensure compliance and best preserve their assets for future generations.

What is more, we work in partnership with Certainty the National Will Register. This allows us to register your Will, which is included in our fee, as well as Will search and Will Management services.

DIY Wills

You may have also seen that you can purchase ‘DIY Wills’ online or even from shops. Are they legally binding? It depends! The validity of a Will depends on certain requirements being met, including that the person making the Will has adequate mental capacity to make it in the first place. A simple mistake in the drafting of a Will can potentially render it invalid.

DIY Wills can cause many problems even if they are perfectly valid and appear relatively simple. They can become outdated very quickly without professional advice and future planning, and are often made without taking into account important factors that a trained professional would identify.

Depending on you and your beneficiaries’ circumstances, a very basic DIY Will could end up costing a great deal of money to your beneficiaries once you have passed, sometimes in the hundreds of thousands of pounds. The law about inheritances and how they are taxed can be complex and things might change between when you write your will and when you die. That makes it risky to write your own Will without professional advice.

Charity Wills

We are all for leaving a charity donation in your Will, in fact it can even help with reducing inheritance tax bills. We regularly draft Wills for clients that include donations to charities, and we also take part in ‘Will weeks’ for local charities. However, charity Wills tend to only suit those needing very basic Wills. If your Will is considered to be more complex, such as involving high-value assets, inheritance tax planning, blended families, or business ownership, going directly to a solicitors’ firm is the best option to provide tailored advice to benefit both yourself and your beneficiaries in the future.

To summarise

In summary, a professional service will ensure your Will does what you want it to do. Free online or cheap Wills are not up to ensuring your wishes are respected and may well trigger a legal battle between loved ones. Getting a professional Will written can lead to peace of mind about your money going to the right people cost effectively. At BTTJ, our aim, quite simply is to make sure that you have a properly drafted Will in place and with it, peace of mind knowing that on your death, your estate will pass to your intended beneficiaries. As the saying goes… you get what you pay for!

If you require Will services, then please get in touch with one of our highly experienced and friendly team.  Our Will specialists will take the time to understand your individual circumstances and will provide you with tailored advice.

Unlike the cheap Will writing adverts we have seen; we are truly local! We have offices in Coventry, Warwick, Balsall Common and Southam and our lawyers work across the whole of the Coventry and Warwickshire region. We can trace our beginnings back to 1797 and since then, we’ve not stopped developing great relationships with our clients.

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Ben qualified as a Solicitor in 2015 having completed his Training Contract with a Legal 500 firm in the West Midlands.

He has worked for a range of firms across the Midlands and specialises in all aspects of residential property with clients returning to him for his calm and efficient approach.

He is currently training to be a Notary Public and is aiming to qualify in 2024.

Outside of work, Ben enjoys keeping fit, learning Spanish, playing golf and writing.

A warm welcome to the team Ben, from all at BTTJ!

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I began my career studying for a BSc (Hons) in Applied Science. I then trained in general and mental health nursing, qualifying as a registered mental health nurse (RMN). As a nurse with a degree, I soon became a manager, running a drop-in centre for a mental health charity and community mental health services for a council.

In the years that followed my career was focussed on the improvement of public sector services, working in roles at:

• District Audit/Audit Commission
• NHS Modernisation Agency
• National Institute of Mental Health in England (NIMHE).

I consolidated my management learning by completing a master’s degree in public administration (MPA) at Warwick University, where I had the opportunity to study in South Africa and the USA.

The MPA course was meant to set me on a journey to becoming a public sector director and/or chief executive, however whilst working for a director in a large hospital trust, I became increasingly concerned about the medical errors I was investigating, and the reluctance of the hospital trust to admit their liability. This concern led me to study law.

When I commenced a Graduate Diploma in Law (GDL), it became apparent how challenging it would be combining legal studies, with a full-time job in the NHS and family commitments. I therefore changed roles and worked as a locum inspector for the Care Quality Commission (CQC), where I planned inspections around my first year of legal studies. I subsequently moved to review criminal cases for the Criminal Cases Review Commission (CCRC), where I completed my second year GDL, leaving CCRC to study the Legal Practice Course (LPC) full-time.

Finding a solicitor training contact, given my unorthodox background, was a challenge, however I was soon recruited by specialist personal injury firm in Manchester, qualifying as a solicitor in July 2021.

Why did I join Brindley Twist Tafft and James in Coventry?

I knew when I qualified as a solicitor that I wanted to work in medical negligence law. It was clear to me that my nursing and NHS experience, when combined with my audit/inspection experience provided me with unique knowledge about the NHS, how it operates, and the reasons why medical negligence can occur.

I am fortunate to how found a firm that recognised my skills and experience acquired in my previous roles – Brindley Twist Tafft & James (BTTJ) in Coventry. I am now delighted to be working at one of the country’s leading Clinical Negligence departments and bringing my unique background to the claims process for the benefit of our clients

As a newly qualified solicitor I am surrounded by a team with many years’ experience working in the field of clinical negligence. I am impressed with the level of care and attention that each member of the team gives to clients and potential clients from the moment they make contact with us.

I look forward to becoming an integral member of the team, and to successfully working with clients in pursuit of their claims.”

Julia French

Solicitor – Clinical Negligence

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Kate qualified as a solicitor in 2006 and has specialised in family law throughout her career, at firms in Warwickshire and the West Midlands.

Kate deals with private family law cases including divorce and related financial matters, children, injunction and cohabitation issues. She also advises clients in connection with pre-nuptial and cohabitation agreements. Kate ensures that she is fully informed of developments in the law and has a thorough approach to the preparation of documents to ensure her clients’ interests are protected.

As a member of Resolution, Kate works in accordance with their Code of Practice to deal with matters in a constructive manner. Kate works with her clients to provide support and explore all options including not only the court process, but other methods of dispute resolution to best suit their individual needs.

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And with employees now starting to make their return to the workplace whilst restrictions remain in place, it is a trend which is not only set to continue, but likely to escalate.

A protected disclosure is any disclosure of information which, in the reasonable belief of the worker making a disclosure, is made in the public interest and tends to show one or more ‘relevant failures’.¹

It falls within the Public Interest Disclosure Act 1998, whereby employees are fully within their rights to raise such concerns, particularly if they are concerned about their safety or safety of others.  

Indeed, it was created to encourage employees to highlight issues or a wrongdoing in the workplace without fear of being dismissed by their employers as a consequence, even if they have been employed less than two years.

Under the terms of the law, employees can claim unfair dismissal, irrespective of their length of employment, if they are made redundant or victimised following ‘blowing the whistle’ on serious issues within the workplace.  However, if employees are to receive the legal protection they are entitled to, it is important they understand what qualifies as a protected disclosure according to leading Coventry & Warwickshire solicitors Brindley Twist Tafft & James.

Currently common complaints are over whether a workplace is Covid safe and furlough fraud all of which are perfectly valid reasons however, as Kerry Hudson, Head of Employment at Brindley Twist Tafft & James points out, employees need to be fully aware of the process of ‘blowing the whistle’ before doing so to ensure they are protected.

Kerry Hudson explained: “There is a lot of confusion about what constitutes a protected disclosure.   It cannot simply be a passing comment and we have seen a number of cases where employees have thought they have made a protected disclosure and sought the benefit of that, only to find in fact it does not meet the requirements. 

“It is a situation which is happening all too often where employees who may not have acquired the minimum two years’ service bring a claim for unfair dismissal on the basis they have been dismissed for having made a protected disclosure (where you don’t have to have the two years) only to later realise that the disclosure did not qualify.

Conversely, employers dismissing an employee with less than two years in the belief they will not be able to bring a claim and not realising that if the dismissal was directly related to having made a qualified protected disclosure, in fact can.”

However, this begs the question what constitutes a protected disclosure. Essentially it is a passing on of information where the employee believes that the information disclosed shows a relevant failure or malpractice i.e. breach of a legal obligation such as danger to the health and safety of an individual and that any disclosure was made in the public interest.

Further, disclosures should only be made if the wrongdoing in the workplace is tangible.

Kerry Hudson continued: “Whilst every case will be judged on its individual merits, the general rule is that an employee must raise their concerns in writing (preferred) or verbally to their employer or another person of authority.  Complaining to fellow colleagues, customers or the press is extremely unlikely to provide an employee with the protection under the legislation. 

“Any employee is entitled to make a valid observation provided it has been done in the right way. Therefore, we urge employees to have a full understanding of their rights regarding protected disclosure, or seek professional advice, especially if they feel they have been made redundant or mistreated after highlighting an issue or wrongdoing in the workplace.”

BTTJ provides the best possible service to clients. It recently reinforced its position as one of the West Midlands’ leading law firms through the acquisition of well-known MacNamara King Solicitors with offices in Warwick, Balsall Common and Southam as well as Coventry.

1. Relevant Failures include: –

• A breach of any legal obligation (including regulatory obligations)
• A criminal offence
• Miscarriages of justice
• Danger to health and safety
• Damage to the environment
• Deliberate concealing of the above

Contact us for advice today

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In brief, barristers only see clients at court. They are typically the client’s mouthpiece at court, whereas solicitors are often more office-based, and handle the file without speaking on the client’s behalf at court. In broad terms, the solicitor prepares the case and the barrister presents it.

Where necessary, though, we solicitors typically try and represent clients at many court hearings. Not only can this be cheaper than engaging a barrister; it also ensures that a single person – who understands the file, and has had contact with you throughout – continues representing you and promoting your case at the highest level.

Divorce

In divorce proceedings, we instruct barristers (otherwise known as counsel) for final hearings. Unless the matter was agreed and the parties are simply arguing over one issue, barristers are best placed to argue your case more efficiently at a final hearing: they are in Court every day and know how the particular judges prefer arguments to be phrased – and indeed what the outcome is likely to be. Their specialist advice is invaluable.

We sometimes instruct barristers at other financial hearings if the matter is complex, but ordinarily it is more cost-effective for these to be carried out by solicitors.

Family Proceedings: When Do You Need A Barrister?

Child Proceedings

I often represent clients at child hearings. This includes the final hearing, especially ones based on submissions only. In other words, where a final hearing only hears lengthy and persuasive arguments from solicitors in order to determine the case, I will represent the client.

If the final hearing is a contested hearing, however, there wil be witnesses to be questioned. In these cases I advise instructing a barrister to question the witnesses as they have more experience in questioning – and in persuading the judge or magistrate to agree with their arguments.

If we deem it best to instruct a barrister to represent you, their fees can vary according to their level of seniority and the length of the hearing. I have contacts with many sets of chambers – the word we use to refer to the offices of barristers – and will guarantee that we instruct a barrister who will fit your budget.

I will represent most of my clients at court if possible and practicable and I pride myself on providing valuable service for clients. It can be cheaper if I represent you throughout, and this also allows for continuity and saves time and expense in briefing the barrister beforehand; but in some cases the barrister’s particular skills are essential.

So – it’s more than tomayto/tomahto. On the other hand, I qualified as a barrister originally – so sometimes it is about using a different word for the same person! The law, as you well know, is a complicated business. So if you require representation for any family matter, or simply need some advice, do feel free to reach me at our Coventry head office on 02476 531532.

Melanie Davis (née Timms)

Family Solicitor

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