Defendant can resile from part 36 offer accepted before protected party’s death – Litigation Futures

‘It would be unjust for a defendant to be bound by the acceptance of a six-year-old part 36 offer on behalf of a protected party just hours before their death, the High Court has indicated.’

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Litigation Futures, 22nd April 2021

Source: www.litigationfutures.com

Proving The Driver Isn’t Always At Fault – Old Square Chambers

‘Caroline Hall of DAC Beachcroft provides this case summary (via the DAC Beachcroft website) in the case of Vincent v Walker [2021] EWHC 536 (QB). Caroline, instructed by Mike Green at Zurich Insurance on behalf of the defendant driver successfully defended a claim brought by an injured pedestrian.’

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Old Square Chambers, 23rd March 2021

Source: oldsquare.co.uk

The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

Posted April 9th, 2021 in accidents, chambers articles, compensation, damages, news, personal injuries by sally

‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

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12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

Vue admits health and safety charges over Star City cinema death – BBC News

Posted April 8th, 2021 in accidents, film industry, health & safety, inquests, news by sally

‘The Vue cinema chain has admitted two health and safety charges over the death of a man crushed under a motorised footrest.’

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BBC News, 7th April 2021

Source: www.bbc.co.uk

Trial delays continue to lengthen across civil courts – Litigation Futures

‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’

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Litigation Futures, 23rd March 2021

Source: www.litigationfutures.com

The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

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12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers

‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’

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No. 5 Chambers, 1st March 2021

Source: www.no5.com

Cauda Equina Syndrome and Referrals for Investigations: High Court Rejects Claim for Delayed Scan – Ropewalk Clinical Negligence Blog

‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’

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Ropewalk Clinical Negligence Blog, 25th February 2021

Source: www.ropewalk.co.uk

Government reveals long-awaited whiplash rules and tariffs – Law Society’s Gazette

‘The government has confirmed that legislation paving the way for whiplash reforms will come into force from 31 May. Newly-published draft statutory instruments have also finally indicated the tariff levels at which damages will be set for soft tissue injuries suffered in road traffic accidents.’

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Law Society's Gazette, 26th February 2021

Source: www.lawgazette.co.uk

Suspended sentence for fraudster who created bogus claims company – Litigation Futures

Posted February 25th, 2021 in accidents, claims management, fraud, news, road traffic, sentencing, suspended sentences by sally

‘A fraudster who faked a road traffic accident and invented a fictitious accident management company to facilitate a whiplash claim has been handed a suspended prison sentence.’

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Litigation Futures, 24th February 2021

Source: www.litigationfutures.com

Harvey Tyrrell death: Electrician cleared over boy’s pub garden electrocution – BBC News

‘An electrician has been cleared of killing a seven-year-old boy who was electrocuted by a set of poorly installed lights in a pub garden.’

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BBC News, 16th February 2021

Source: www.bbc.co.uk

Highways England referred to Crown Prosecution Service over smart motorway death – The Independent

‘Highways England has been referred to the Crown Prosecution Service to consider if corporate manslaughter charges are appropriate following a smart motorway death.’

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The Independent, 11th February 2021

Source: www.independent.co.uk

London Fire Brigade has only acted on four of 29 recommendations from first stage of Grenfell Inquiry – The Independent

Posted February 12th, 2021 in accidents, codes of practice, delay, emergency services, fire, news by tracey

‘The London Fire Brigade (LFB) has only implemented four of the 29 recommendations suggested to it by the first part of the Grenfell inquiry, a new report has found.’

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The Independent, 12th February 2021

Source: www.independent.co.uk

Harry Dunn crash: Biden team says Anne Sacoolas extradition refusal ‘final’ – BBC News

‘The new Biden administration has said the US government’s decision to refuse an extradition request for Harry Dunn’s alleged killer was “final”.’

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BBC News, 28th January 2021

Source: www.bbc.co.uk

Widow leads fight over smart motorways after landmark crash inquest – The Independent

‘The widow of a motorist who died on a smart motorway is leading the fight to have them banned after a coroner concluded they pose “an ongoing risk of future deaths”.’

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The Independent, 23rd January 2021

Source: www.independent.co.uk

Very Late Applications for Expert Reports: The Key is ‘Significance’ – Ropewalk Chambers

‘In Knapman v Carbines [2020] EWHC 3586 (QB), HHJ Cotter QC considered the balancing exercise to be conducted upon a very late application to rely on an expert report.’

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Ropewalk Chambers, 14th January 2021

Source: www.ropewalk.co.uk

New watchdog will be able to ban dangerous materials used at Grenfell Tower – The Guardian

‘Companies that make dangerous building materials such as those used at Grenfell Tower could be prosecuted and their products banned by a new watchdog announced by the government.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Ping Pong and fire safety – Nearly Legal

Posted January 11th, 2021 in accidents, bills, fire, health & safety, housing, leases, news, repairs by sally

‘Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the Grenfell Tower disaster, it has become clear that there are hundreds of thousands (if not millions) of dwellings across England and Wales which have fire safety problems, either as a result of how they were originally constructed or because of conversion/adaptation works. Those problems are not limited to ACM cladding (which was the kind of cladding on Grenfell Tower) but also includes lots of other types cladding (including something called HPL cladding, in essence, wood-effect), and the absence of fire breaks (designed to stop fire spreading from one flat to another), defective or absent fire doors.’

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Nearly Legal, 10th January 2021

Source: nearlylegal.co.uk

Shukri Yahye-Abdi: Family sue police over girl’s river death – BBC News

‘The family of a 12-year-old girl who drowned in a river has launched legal action against the police force which investigated her death.’

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BBC News, 6th January 2021

Source: www.bbc.co.uk

Harry Dunn: CPS pursue case against suspect despite immunity ruling – BBC News

‘The Crown Prosecution Service has said there remains a “realistic prospect of conviction” for Harry Dunn’s alleged killer despite a High Court ruling she had diplomatic immunity.’

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BBC News, 20th December 2020

Source: www.bbc.co.uk