Personal Injury

We act for plaintiffs (persons claiming damages for injuries they have sustained) and defendants (persons alleged to have caused the injuries or, usually, their insurers).

Bringing a claim

The grounds for bringing a personal injury claim are varied. For example, you might have suffered injuries resulting from medical negligence, a car accident, an accident at work, or the nature of your employment may have resulted in your contracting a disease.

If you intend to bring a claim you must do so within a given period of time. Evidence should be collected as early as possible. For these reasons it is important that you seek advice promptly.

Pursuing personal injury claims can be stressful and we understand the importance of providing clear, objective advice.  We will examine your unique set of circumstances in order to identify the strengths and weaknesses of your claim and advise you on the best way to pursue it.

We aim to achieve out of court settlements where possible, quickly and with the least inconvenience to avoid the pressure of court proceedings. This cannot, however, always be achieved and, where a reasonable settlement cannot be negotiated on your behalf, we will pursue your claim vigorously through the courts.

When can you claim?

Essentially, in order for your claim to succeed you have to prove that you have suffered injuries resulting from someone else’s fault.

Medical evidence is usually required to establish the cause of the injuries and show the link between the injuries and the actions (more rarely the omissions) of the defendant.

The first step

At your first appointment, we will complete a personal injury form and collect all the essential information we require from you.  Alternatively you may submit this information on line here and this will enable us to deal with matters at the first appointment more quickly.

If, following the first meeting, we believe there are grounds to pursue the matter further, we will provide you with a letter setting out a list of documents that will be required to enable us to progress the claim.

Medical Evidence

We review all the medical evidence (typically GP’s notes and hospital notes) and advise on what further information should be obtained. In some cases it will be necessary to obtain a report from a medical expert specialising in the relevant area.

Progressing Your Claim

Once we are satisfied as to the strength of your claim we will write to the appropriate person/body inviting them to accept liability. At this point, if liability is accepted, we can commence negotiations as to the value of your claim in monetary terms, which is dependent on factors such as the severity of your injuries and the impact on your ability to work.

If liability is not accepted, then it is at this stage we will issue legal proceedings in the courts on your behalf. The proceedings can be adjourned at any stage if the other party is willing to negotiate a settlement.

Scope of the claim

You can obtain compensation for the following:

• Physical or psychological injury: the pain, suffering and impact the injury has had on your ability to lead a normal life.  There must be medical evidence to support this part of your claim;
• Ability to work in the future. You may be unable to work again or be restricted as to the nature of work you can undertake. Again, there must be medical evidence to support this part of your claim.
• Loss of earnings from the date the injury was suffered to date the claim is made.
• Other extraordinary expenses that you have had to make, for example, replacement of clothing that was damaged, medical expenses, cost of nursing care, transport costs etc.

Two important factors should be taken into consideration when bringing a claim.

• If you are partly responsible for what happened to you then there may be a reduction in how much compensation you receive to reflect this; and
• You are under a duty to mitigate your loss or keep whatever loss you suffer to a minimum

If you have suffered personal injuries and believe that you are entitled to compensation please contact us. You will not be charged for the time spent assessing you claim if we conclude that there is no merit in proceeding.

Family law

When a family relationship breaks down there are a number of matters to consider and arrangements to make.  Here at Tremoceiro Advocates we will help you work through these issues and we will endeavour to secure an amicable resolution wherever possible.

We can advise upon the following:

(1.)       Divorce (both defended and undefended) and judicial separation;

(2.)       Financial settlements;

(3.)       Spousal and child maintenance;

(4.)       Parental responsibility, residence and contact issues with children;

(5.)       Cohabitation, pre-nuptial and separation agreements;

(6.)       Paternity issues;

(7.)       Emergency remedies and injunctions;

(8.)       Mediation; and

(9.)       Public law matters relating to children.

Divorce

All relationships have rockier periods, and we will always enquire of a client instructing us on a divorce matter if the marriage breakdown is irretrievable.  If it is not, you may consider alternatives, like using a counselling service, such as is offered by Relate Jersey.  Please see http://www.relatejersey.com for more information.

Under Jersey law you can only issue divorce proceedings once you have been married for at least three years, unless there are exceptional circumstances. This does not mean that action cannot be taken in the intervening period to safeguard the parties’ interests in the event of a separation (see below).

In order to start proceedings in the Jersey court, you must also show that you are domiciled in Jersey or have been residing here throughout the period of one year prior to the commencement of the proceedings.

Divorce grounds

Sadly, sometimes the relationship is beyond repair and a divorce is inevitable.  To obtain a divorce in Jersey you must show that your marriage has broken down as a result of one or more of the following:

• Separation for one year (if your spouse agrees to a divorce);
• Separation for two years (your spouse’s agreement to a divorce is not required);
• Adultery;
• Desertion for two years;
• Unreasonable behaviour;
• Unsoundness of mind  and under care for a continuous period of 5 years ; and
• Imprisonment for life or for a term of more than 15 years

In order to file a divorce petition with the Royal Court we will need to provide your original marriage certificate.  If you cannot locate the original, a copy can be obtained from the Registrar’s office, if your marriage was held in Jersey, for a small fee. Please see http://www.sthelier.je/birthsmarriagesanddeaths for more information.

Even if a divorce is not immediately available, much valuable work can be done in dealing with the consequences of separation, regarding children and financial matters.  It may be possible to negotiate a separation agreement which will define the rights and duties of each spouse and can be ratified by the court when divorce proceedings are issued.

The breakdown of a marriage tends to cause upset and leave the parties more vulnerable and emotional at the precise time when a cool head is necessary to deal with the variety and complexity of issues that arise.

We understand your need not just for good legal and practical advice but also for a sensitive handling of such delicate issues.

Civil Litigation

Argument is part of the human condition.  In days gone by disputes led to feuds and even to wars.  In developed societies there are gentler mechanisms to settle disputes.  There are laws and courts to apply those laws. The best advice in relation to any dispute (be it with your neighbour, customer, supplier or someone who negligently caused you damage – the scenarios of potential disputes are endless)  is to try to solve it by dialogue and negotiation.

If that fails, you may have to resort to the courts.   Before you do so, you should take legal advice.  That is where we can help. Our approach is to give you clear practical advice about the strengths and, equally important, the weaknesses of your case.  Litigation is expensive, and we will help you to consider and explore alternatives to court proceedings.

All else failing, we will conduct proceedings on your behalf in the most efficient way possible, and focus at all times on achieving the best possible outcome for you. We have the expertise and the experience.  We also have the common sense. If you need advice in relation to an actual or potential dispute, please contact us.  Early intervention can save a lot of time, stress and expense.

Litigation

We have extensive experience in advising on all aspects of criminal litigation, in every court in Jersey. Jersey, like other common law jurisdictions, has an adversarial system of criminal prosecutions. That means that the public prosecutor (with the assistance of the investigative agencies such as the police and customs) gathers and adduces evidence to support its case (that the defendant has committed a crime) and the defendant is entitled to present evidence tending to show that s/he did not commit a crime. By and large the judge acts as an “umpire” to ensure the fairness of the proceedings.

Most criminal cases in Jersey start in the Magistrate’s Court, a court of summary jurisdiction. The more serious cases are then transferred, or “committed”, to the Royal Court. Usually, by the time a suspect is charged and becomes a defendant, most of the investigation has been carried out. Typically, an important part of the investigation is the interviewing of the suspect under caution. The outcome of many prosecutions is effectively determined at that stage. The suspect is entitled to legal advice at the interview, and it is right that s/he should be, because it is a crucial stage of the proceedings.

We can assist, as we have assisted many clients, from the interview stage to, potentially, the Court of Appeal. We will analyse the evidence objectively and provide straighforward advice. We will constantly aim for, and work hard to achieve, the best possible outcome for our client, whether that be an acquittal or the most lenient sentence possible.