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Adoption

Adoption

When children are taken into care they may be placed for adoption as an alternative to being placed in a children’s home or foster care.

Unfortunately, we know from our vast experience that sometimes adoptive homes are not the loving environments that they should be.

We have acted for an extensive number of individuals who have brought claims against the Local Authority for placing them with their adoptive parents.

We are here to advise:

  • If you can take action against your adoptive parents directly
  • Whether you have an action against the Local Authority
  • Whether you can make a claim for the abuse under the Criminal Injuries Compensation Authority

If you wish to speak with one of our specialist solicitors, in the strictest confidence, then you can email us or telephone us

Frequently asked questions

How will I pay for my claim?

We have a number of ways in which we can fund your claim:

No Win No Fee

Under a Conditional Fee Agreement, also known as ‘No Win, No Fee’ agreements we would agree that if you claim is unsuccessful you would not be charged for our time and we do not get paid. If your claim is successful then we are entitled to charge for our time and claim a success fee (calculated as a percentage) previously agreed with you.

Contingency Fee Agreements

Under a contingency fee agreement we agree with you that if your claim is successful our fees are calculated as a percentage of what you recover.

Contingency Fee Agreements are only available in matters which are classed as non-contentious such as Criminal Injuries Compensation Authority Applications.

Legal Expenses Insurance

You may have legal expenses insurance to cover the cost of your claim. This is known as ‘Before the Event Insurance’ or ‘BTE’ because you have taken insurance cover prior to the incident has occurred. Legal Expenses Insurance may assist if you want to bring a claim or if you wish to defend a claim brought against you.

Legal Expenses Insurance is usually included with many insurance policies such as Household Insurance (Buildings and Contents) and Car Insurance. You may have legal expenses insurance under your credit card arrangement or under another financial arrangement. You may have a stand along legal expenses insurance policy. It maybe that legal expenses insurance has been included as an optional extra or as standard.

You should check all documentation relating to insurance policies and similar, to ascertain whether or not you have legal expenses insurance. If you are unsure whether or not you have such cover, we will review the documentation for you.

If you do have legal expenses insurance, subject to the terms of the insurance, then this may cover you for your disbursements (Court Fees, Experts Fees etc); cover you against paying your opponents’ costs if you are unsuccessful and possibly even your own solicitors costs. In this respect, you may have no financial risk in bringing a claim.

Private Paying

If the funding of your case is on a private paying basis then our fees are charged on an hourly basis for the work carried out on your behalf. The amount of the hourly charge will depend upon the level and experience of the fee-earner carrying out the work on your case and the nature of the case. Our hourly charge will be communicated to you at the beginning of your case along with an estimate of the total costs.

The fees charges on an hourly basis are known as Profit Costs and are subject to VAT. The Profit Costs are separate to any disbursements that need to be incurred on your behalf such as Court Fees, Medical Records Fees or Experts Fees.

Legal Aid

Uppal Taylor Solicitors do not have a Legal Aid Franchise but in certain circumstances we can apply for Legal Aid on your behalf.

We will explore all possible funding options with you at the outset and will make a recommendation on the best funding option for you.

Can I take action my adoptive parents directly?

We can advise you if you have an action against your adoptive parents directly.

Will the Police be involved?

In the majority of situations the Police will already have carried out a criminal investigation. However, in some situations when the abuse or abuser has not been reported to the Police we will advise that the victim reports this and this may result in a criminal investigation. The reporting of criminal offences is important to protect others from abuse.

No one believed me then – why will they now?

We believe you. We are here to ensure that your voice is heard and work with you to get the compensation, treatment and closure that you seek.

Our cases

KR & Others – v – Royal & Sun Alliance Plc (2006) High Court before Simon J Proceedings were brought by the successful Bryn Alyn Claimants against the Public Liability Insurer of Bryn Alyn under the Third Parties (Rights Against Insurers) Act 1930 s.1. The issue that fell to be determined was whether the relevant insurance policy existed pre August…

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Notable cases

Court hands down judgement in B&B – v – Leicestershire County Council and rules that Local Authorities owe a non-delegable duty of care to children who are placed in foster care. The Claimants were represented by Mr. Christopher Ratcliffe, solicitor, of Uppal Taylor Solicitors and Mr. Philip Turton, barrister, of Ropewalk Chambers, Nottingham. The Claimants brought proceedings against the Local…

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Other news

A facial surgeon, Roger Bainton has been struck off the medical register after he carried out dozens of unnecessary operations and “experimental procedures” while working at Royal Stoke University Hospital from 2005 to 2013. The surgeon rebuilt the faces of assault or accident victims. Questions are being asked as to why he was ever appointed at the University Hospital, after…

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