Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers

Posted September 2nd, 2024 in accidents, appeals, care orders, children, expert witnesses, families, local government, news by sally

‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’

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St Ives Chambers, 8th August 2024

Source: www.stiveschambers.co.uk

‘Grenfell is a warning to the world’: The survivors still searching for justice – The Independent

‘As the Grenfell inquiry prepares to publish its final report into the 2017 tower block fire that killed 72, Nadine White speaks to those still grappling with its tragic legacy.’

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The Independent, 1st September 2024

Source: www.independent.co.uk

Company fined £1m over worker’s 36ft fall – BBC News

‘A logistics company has been fined £1m after an employee fell 36ft (11 metres) on to a concrete floor.’

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BBC News, 6th August 2024

Source: www.bbc.co.uk

How 1960s tragedies triggered a life-saving law – BBC News

Posted July 31st, 2024 in accidents, bereavement, employment, fire, health & safety, legal history, news by sally

‘Since the 1800s, laws had been passed to try to keep people safe at work.’

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BBC News, 31st July 2024

Source: www.bbc.co.uk

PXT (A Child) v Atere-Roberts [2024] EWHC 1372 (KB) Costs Management: possible, and beneficial, even when the Claimant is a child – 12 King’s Bench Walk

Posted July 24th, 2024 in accidents, chambers articles, children, costs, damages, news, personal injuries by tracey

‘In this case Master Brown ordered that a case involving a child claimant should be subject to costs management, despite falling within an exception to automatic costs budgeting, and despite the medical prognosis not yet being finalised.’

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12 King's Bench Walk, 12th July 2024

Source: costsandlitigationfunding.com

Insurers hail ruling that credit hire company was the ‘real instigator’ of claim – Law Society’s Gazette

Posted July 23rd, 2024 in accidents, claims management, costs, insurance, news, road traffic by tracey

‘Insurers have hailed a county court judgment on credit hire – the provision of a temporary vehicle by a claims management company in an RTA claim – as a significant turning point on costs liability.’

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Law Society's Gazette, 22nd July 2024

Source: www.lawgazette.co.uk

Driver who left boy in road after crash sentenced – BBC News

‘A driver who hit a seven-year-old boy in his van and left the scene of the crash has been given a suspended sentence at Folkestone Magistrates’ Court.’

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BBC News, 17th July 2024

Source: www.bbc.co.uk

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