DVSA told to act after Attleborough man killed by lorry – BBC News

Posted April 20th, 2020 in accidents, coroners, dangerous driving, news, road safety, standards by tracey

‘A coroner has called for changes to HGV training after an 82-year-old pedestrian was hit and killed while standing in a driver’s blind spot.’

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BBC News, 19th April 2020

Source: www.bbc.co.uk

Judges call for review of costs rules after QOCS judgment – Law Society’s Gazette

Posted April 17th, 2020 in accidents, appeals, compensation, costs, news, part 36 offers, personal injuries by sally

‘Judges in the Court of Appeal have urged rule-makers to look again at the nuances of qualified one-way costs shifting after a judgment over whether a defendant could set off their costs liability against the claimant.’

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Law Society's Gazette, 16th April 2020

Source: www.lawgazette.co.uk

Package Travel and Educational Institutions – 39 Essex Chambers

‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’

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39 Essex Chambers, 8th April 2020

Source: www.39essex.com

Defendant jailed for five years after defrauding council of nearly £32k through Grenfell subletting claim – Local Government Lawyer

Posted March 25th, 2020 in accidents, fire, fraud, housing, imprisonment, local government, news, prisons, sentencing by sally

‘A man who claimed to be a Grenfell Tower resident who was in hospital recovering from surgery when he was actually in prison at the time, has been convicted of fraud and jailed.’

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Local Government Lawyer, 23rd March 2020

Source: www.localgovernmentlawyer.co.uk

When Ignorance is bliss for a protected party – Byrom Street Chambers

‘Darrel Crilley provides his views on what is becoming known as an EXB Order. For certain clients who lack capacity, whether that lack of capacity arises from a brain injury, psychiatric illness or some synergistic combination of the two, it has been identified that their best interests can be served by them not knowing the quantum and constituent parts of a settlement reached on their behalf.’

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Byrom Street Chambers, 9th March 2020

Source: www.byromstreet.com

Dishonesty “doesn’t need to persist” to be fundamental – Litigation Futures

‘A recorder was wrong to find that a personal injury claimant was not fundamentally dishonest because he did not persist with his dishonesty, the High Court has decided.’

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Litigation Futures, 16th March 2020

Source: www.litigationfutures.com

Grenfell Inquiry: Aesthetics v safety v money – BBC News

‘Grenfell was the worst residential fire in UK peacetime history, with 72 people losing their lives. We now know what happened – the report on phase one of the public inquiry has been published – but the next phase is spending months investigating why it happened, and considering who might be to blame.’

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BBC News, 13th March 2020

Source: www.bbc.co.uk

Defendant sentenced after being caught on CCTV injuring himself to claim against housing association – Local Government Lawyer

‘A man has been sentenced after CCTV caught him purposely banging his knee five times on a paving stone in order to make a fake injury claim against a housing association.’

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Local Government Lawyer, 10th March 2020

Source: www.localgovernmentlawyer.co.uk

Kaden Reddick: Topshop queue barrier death was accident – BBC News

‘A 10-year-old boy who was killed by a falling queue barrier at a Topshop store died accidentally, a coroner has said.’

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BBC News, 10th March 2020

Source: www.bbc.co.uk

Two jailed for Grenfell Tower-related fraud – Metropolitan Police

Posted March 6th, 2020 in accidents, fire, fraud, housing, imprisonment, local government, news, sentencing by tracey

‘A couple who claimed to be living in the flat of a deceased Grenfell Tower resident at the time of the fire have been convicted of fraud.’

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Metropolitan Police, 5th March 2020

Source: www.cps.gov.uk

MoJ: Three months is enough to prepare for whiplash reforms – Legal Futures

‘Three months should be enough time for personal injury law firms and defendant insurers to be ready for the whiplash reforms, the government official leading the work said yesterday.’

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Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

Supreme Court refuses MIB permission to appeal in landmark case establishing liability for accidents on private land – Exchange Chambers

‘On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB’s application for permission to appeal against a finding that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded that it was not necessary to refer the case for any ruling by the Court of Justice of the European Union. As a result, David Knifton QC (who acted for the Claimant) explains, the MIB has exhausted all avenues of appeal, and will have to meet Mr Lewis’s claim for the catastrophic injuries he suffered.’

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Exchange Chambers, 20th February 2020

Source: www.exchangechambers.co.uk

Nottinghamshire driver jailed for killing RAC worker fixing van – BBC News

‘A driver who killed a recovery worker while he was repairing a broken-down vehicle has been jailed for 12 months.’

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BBC News, 27th February 2020

Source: www.bbc.co.uk

Harry Dunn lawyers call for High Court to publish US secret immunity papers – The Guardian

‘Lawyers acting for a teenager who died after a collision with a car allegedly driven by an American woman want the High Court to publish a secret document protecting her from prosecution.’

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The Guardian, 1st March 2020

Source: www.theguardian.com

Claimant who exited portal by error avoids fixed costs – Litigation Futures

Posted February 28th, 2020 in accidents, civil procedure rules, compensation, costs, news, personal injuries by tracey

‘A costs judge was entitled to find that a case that erroneously exited the portal would have done so legitimately at some stage and so the claimant was entitled to regular, rather than fixed, costs, the High Court has ruled.’

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Litigation Futures, 27th February 2020

Source: www.litigationfutures.com

Whiplash reforms delayed as MoJ removes claimants’ safety net – Law Society’s Gazette

‘Justice secretary Robert Buckland QC MP has finally confirmed that the RTA portal for whiplash claims is being delayed.’

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Law Society's Gazette, 27th February 2020

Source: www.lawgazette.co.uk

Roundheads and Cavaliers – Ropewalk Chambers

‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’

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Ropewalk Chambers, February 2020

Source: www.ropewalk.co.uk

Parties can contract out of fixed costs regime – Litigation Futures

Posted February 24th, 2020 in accidents, compensation, costs, news, personal injuries by sally

‘Parties can agree to contract out of fixed costs, a regional costs judge has ruled.’

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Litigation Futures, 24th February 2020

Source: www.litigationfutures.com

Grenfell public inquiry delayed again over evidence concerns – The Guardian

Posted February 24th, 2020 in accidents, criminal justice, delay, evidence, fire, inquiries, negligence, news by sally

‘The Grenfell Tower public inquiry has been delayed again over demands from companies involved in the disastrous refurbishment that their evidence should not be used to help jail them.’

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The Guardian, 23rd February 2020

Source: www.theguardian.com

Fatal Accident Act Apportionment – a pragmatic solution to an unusual problem? – 12 King’s Bench Walk

Posted February 21st, 2020 in accidents, apportionment, bereavement, chambers articles, children, damages, families, news by sally

‘The decision of Master Cook in ARN v Ageas Insurance Ltd (27/1/2020), when approving a Fatal Accident Act settlement involving four children, provides a novel and pragmatic solution to a difficult apportionment problem. A single mother was killed in a road traffic accident, leaving four young children. The children were the deceased’s only dependants and their claim was settled for a substantial lump sum.’

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12 King's Bench Walk, 13th February 2020

Source: www.12kbw.co.uk