Upon the issuance of a winding up order:

Company Assets: All assets, including properties, equipment, and receivables, are collected and sold by the appointed liquidator. The proceeds are used to repay creditors in a specific order set by insolvency laws.

Employees: Unfortunately, employees are often made redundant. They can claim unpaid wages, redundancy pay, and other entitlements from the National Insurance Fund. If the company is sold as a going concern, employees might be transferred to the new owner under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

You are insolvent if you cannot pay your debts as they fall due and/or your liabilities are greater than your assets.

While both relate to insolvency, they target different entities. A winding up petition is typically issued against a company or partnership, leading to its liquidation if successful. Bankruptcy, on the other hand, applies to individuals and sole traders.

We understand that you may well have not sought medical attention for your injuries, or have evidence of the same. We will put forward your case and detail the nature of the abuse you suffered, including any injuries. If you are claiming long term physical or mental injuries as a result of your abuse, we may need to obtain medical evidence to support the same.

The guidance we have presently is “No”. Whilst having as much evidence of your claim as possible, available would be advantageous, for those who do not wish to make a report to the police, this is currently not a requirement of the scheme. If you do wish to make a report, please report this to Avon and Somerset Constabulary, either online via their website, or by calling 101.

We understand that your time at Eastwood Park will have been many years ago, and therefore it may be difficult know the exact dates. With your consent, we will contact the Criminal Records Office and obtain your convictions history, which will evidence your detention at Eastwood Park.

Our injury specialists will make the claim on your behalf. The process is likely to be similar to other schemes which we have vast experience with. Please use our contact form below to get in touch with a member of our team. They will take some details of your time at Eastwood Park and will be able to tell you whether you are likely to be successful in claiming compensation.

Final figures are still under negotiation however we anticipate the awards to range between £3000 and £9,500.

As a firm, we operate on a No win, No fee basis. Meaning you only pay legal costs if you are awarded compensation.

We anticipate the Scheme will have provision for legal costs, therefore you will keep 100% of your compensation and we will not charge you anything. We will seek remuneration of our costs directly from the scheme.

Yes. The awards for the scheme are anticipated to reflect your time spent at Eastwood Park. We anticipate this to be in the following categories:

Period up to three months
Period over three months
Long term physical or mental injuries because of abuse sustained at Eastwood Park

Negotiations are also taking place in relation to whether awards will be available for racial abuse.

Until the scheme is published, it is difficult to advise, however we anticipate that you will make one claim, to cover the entire period of time spent at Eastwood Park.

We believe the scheme requirements will include direct application of force and therefore the scheme is unlikely to compensate those who witnessed abuse of others, or were made to live in a harsh environment. If however you sustained direct physical aggression or abuse, including sexual abuse or touching, you should be eligible for compensation.

Yes - The National Framework for Continuing Healthcare encourages a person-centred approach, which requires the NHS to take into consideration what the individual (and/or their family members) say about their needs.

Yes, but many people find the process confusing. Our legal support gives you the best chance of success and helps avoid mistakes or missed opportunities that could delay or weaken your case.

If the patient has the necessary mental capacity to make the application themselves then they may do so, with or without the support of others.

If the patient lacks mental capacity to apply, then you may apply for them. However, the information you can access and the steps you are able to take may be limited if you do not hold formal legal authority to act for the patient. If the patient is alive and has made Lasting Powers of Attorney for Finance and/or for Health and Welfare, then this will be their attorneys. Where there are no attorneys, the Court of Protection may appoint a deputy.

If the patient has passed away, then those with authority to act on behalf of their estate are the executors of their Will, or the administrators of their estate if they died without leaving a Will.

Yes. If you're the executor or administrator of the estate, you can start a retrospective claim. We can help you collect the right documents and submit the request.

Yes. CHC funding can be awarded at any stage, even if care has been ongoing for months or years. If you believe CHC funding has already been assessed at some stage, reconsideration may now be warranted. Speak to us if you’re not sure.

Yes, but many families feel unsure how to argue their case. Winston Solicitors offer support either way from one-off written submissions to full representation at appeal panels.

In many cases, yes. We assess each claim individually. If your case qualifies, there’s nothing to pay unless we succeed.

Yes, it’s advisable. In England, you can only claim for care provided after 1 April 2012. The Department of Health and Social Care may announce another close-down for periods of care after this in the future. Care home records can go missing or be destroyed in time, which will harm your case. It's best to act promptly.

No – the individual’s illnesses and medical conditions are relevant but do not determine eligibility. What is important is the needs which arise from the individual’s health problems and the level of care and skill required to meet those needs. So, for example, a person with dementia may be eligible for CHC, but it is not the dementia diagnosis that makes the individual eligible – it’s the mental and physical health needs which arise from that dementia (such as cognitive impairment, or immobility) that are taken into account. Each case is different because each person’s needs are different.

Yes, we can represent you during the full assessment, help you prepare, and speak on your behalf if needed.

Start by reviewing the outcome letter and DST from your local ICB. You can send a written appeal to challenge the decision and we can help prepare that for you or represent you directly.

You can ask a professional, such as a nurse or social worker, to complete the NHS Checklist screening tool to start the process, or you can contact the Integrated Care Board directly to request an assessment.