Workplace fatalities rise in the UK -OUT-LAW.com

Posted July 10th, 2024 in accidents, construction industry, health & safety, news, statistics by tracey

‘Construction companies have been urged to review their health and safety policies after new data showed most workplace fatalities in the UK occur in the sector.’

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OUT-LAW.com, 9th July 2024

Source: www.pinsentmasons.com

Man who slipped in puddle of Baileys on way to BA flight could get £4m – The Guardian

Posted July 10th, 2024 in accidents, airlines, compensation, news, personal injuries by tracey

‘A passenger who suffered a traumatic brain injury after slipping in a puddle of Baileys while heading for a flight could receive up to £4m in compensation.’

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The Guardian, 8th July 2024

Source: www.theguardian.com

High Court dismisses fundamentally dishonest £6.4m PI claim – Legal Futures

‘A man seriously injured in a motorbike crash “has only himself to blame” after his £6.4m claim was dismissed in the biggest case to date where fundamental dishonesty was found.’

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Legal Futures, 4th July 2024

Source: www.legalfutures.co.uk

CPS Statement: Decision not to charge in relation to fatal collision at The Study Prep School, Wimbledon – Crown Prosecution Service

‘CPS Statement: Decision not to charge in relation to fatal collision at The Study Prep School, Wimbledon.’

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Crown Prosecution Service, 26th June 2024

Source: www.cps.gov.uk

Controversial Suspected Inflicted Head Injuries pilot launched: Lawyers raise concern about lack of consultation and potential unfairness – Transparency Project

‘When a child suffers a head injury which medical professionals suspect may be inflicted, safeguarding processes are triggered, often leading to care proceedings and the removal of the child from the care of their parents, usuall y for many months and sometimes forever.’

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Transparency Project, 27th June 2024

Source: transparencyproject.org.uk

Allegation of Fundamental Dishonesty? No Interim Payment Permitted – Parklane Plowden Chambers

‘In this case, the claimant brought a claim for serious injuries arising from a RTA in January 2019. As a consequence, the claimant suffered severe brain injury which he alleged caused a lack of capacity.’

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Parklane Plowden Chambers, 8th May 2024

Source: www.parklaneplowden.co.uk

Organisers fined over horse-loving teen’s death – BBC News

Posted June 17th, 2024 in accidents, costs, fines, health & safety, news by tracey

‘The organisers of a horse and carriage fun day have been fined and ordered to pay costs totalling £230,000 after a teenager was killed taking part in an event 12 years ago.’

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BBC News, 15th June 2024

Source: www.bbc.co.uk

Coroner criticises US government for lack of training given to Anne Sacoolas prior to Harry Dunn crash – The Independent

‘A coroner has criticised the US government for a lack of training provided to its employee Anne Sacoolas before the crash that killed Harry Dunn.’

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The Independent, 13th June 2024

Source: www.independent.co.uk

Allege and Fail to Prove Fundamental Dishonesty? A ‘Significant Risk’ You’ll Pay Indemnity Costs – Parklane Plowden Chambers

‘In this case, the claimants brought a claim arising from a RTA in May 2017.
Liability was in issue. The claimants alleged the defendant driver had driven his van into their car; whereas the defendant driver alleged that the claimant driver drove from a parked position into the side of his van. The defence pleaded that the claimants’ credibility and honesty would be challenged at trial.’

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Parklane Plowden Chambers, 30th May 2024

Source: www.parklaneplowden.co.uk

OAC’s case – the need to “wait and see” before attempting settlement – Exchange Chambers

Posted June 13th, 2024 in accidents, chambers articles, children, compensation, news, road traffic by sally

‘This case was recently approved following a joint settlement meeting where the terms of settlement were that the Claimant (C), a protected party, was to be compensated by the payment of the lump sum of £4.5 million. The date of accident was in 2005. C met with her accident as the infant back seat passenger restrained in a child seat, when a car driven by her father was involved in a collision with a lorry. C’s father was severely brain injured in the accident. C at the time was only 15 months old, she was born in 2004, she is now 20 years old. Proceedings were issued in March 2013.’

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Exchange Chambers, 31st May 2024

Source: www.exchangechambers.co.uk

Coroner calls for change after baby’s choking death – BBC News

Posted June 4th, 2024 in accidents, children, inquests, news, reports by tracey

‘A coroner has written to the Department for Education calling for changes to early years framework following the death of a nine-month-old baby who choked at nursery in Kent.’

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BBC News, 3rd June 2024

Source: www.bbc.co.uk

Suspended sentence for farmer whose cows trampled man to death – BBC News

‘A farmer has been given a six-month suspended prison sentence and fined after his cattle trampled one dog walker to death and left another paralysed.’

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BBC News, 29th May 2024

Source: www.bbc.co.uk

Review of whiplash tariff concluded – but may not be published – Legal Futures

‘The Lord Chancellor has completed his review of the whiplash tariff but it is unclear whether the plan to publish it in early June will now happen because of the election.’

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Legal Futures, 24th May 2024

Source: www.legalfutures.co.uk

Lay evidence in fact-finding hearings – Local Government lawyer

‘A recent decision by the Court of Appeal serves as a reminder of the importance in fact-finding hearings of the evidence of lay parties being considered alongside that given by medical experts, writes Matthew Fiddy.’

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Local Government lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

MoD censured over soldier’s ‘preventable’ death – BBC News

Posted May 9th, 2024 in accidents, armed forces, firearms, health & safety, news by sally

‘The Ministry of Defence has been censured with the maximum sanction after a soldier was accidentally shot dead during a night-time “live fire” training exercise.’

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BBC News, 8th May 2024

Source: www.bbc.co.uk

Update on the Article 2 investigative duty in inquests: R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin) – Landmark Chambers

‘In R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin), the High Court considered the question of whether an Article 2 investigative duty arises in an inquest in circumstances where the individual concerned was living in their own home; had capacity, and exposed themselves to danger.’

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Landmark Chambers, 16th April 2024

Source: www.landmarkchambers.co.uk

Negligence in football: A claim of two halves – UK Human Rights Blog

Posted May 1st, 2024 in accidents, damages, negligence, news, personal injuries, podcasts, sport by sally

‘Football fans everywhere will be familiar with reckless tackles, whether from their own Sunday league experience or as followers of the professional game. But when will a tackle amount to negligence and be actionable in a civil court, such that an injured player can sue their opponent?’

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UK Human Rights Blog, 30th April 2024

Source: ukhumanrightsblog.com

Substantial injustice – where are we now? – 39 Essex Chambers

‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’

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39 Essex Chambers, 16th April 2024

Source: www.39essex.com

Judges allow appeal over flawed reasoning in fact-finding judgment – Local Government Lawyer

‘The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Woman loses 600k in compensation after being branded ‘dishonest’ by judge – The Independent

Posted April 15th, 2024 in accidents, compensation, damages, deceit, news, personal injuries by tracey

‘A woman seeking damages after suffering multiple injuries due to a bad fall in Wales is about to lose out on almost £600,000 for being “thoroughly dishonest” in her process of asking for compensation.’

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The Independent, 13th April 2024

Source: www.independent.co.uk