Co-op fined for wet floor slip death in Truro shop – BBC News
‘The Co-op has been fined £400,000 over the death of a man who slipped on water leaking from a faulty sandwich chiller.’
BBC News, 22nd May 2017
Source: www.bbc.co.uk
Category: accidents
School compensation payouts include blindfold mishap and whiteboard accident – BBC News
‘Pupil mishaps including a blindfolded child running into a goalpost and pupil hit by a cricket ball have cost schools £7m in three years, it has emerged. Figures obtained by the BBC reveal an apparent doubling in school payouts from £1.65m in 2014 to £3.45m in 2016.’
BBC News, 7th April 2017
Source: www.bbc.co.uk
Pilot errors led to Shoreham air crash, says AAIB – BBC News
‘Pilot errors and ineffective measures to protect the public led to the deaths of 11 men when a vintage jet crashed on to a dual carriageway during the Shoreham air show, investigators say.’
BBC News, 3rd march 2017
Source: www.bbc.co.uk
Government presses ahead with whiplash reforms – but gives ground on other PI claims – Legal Futures
‘The small claims limit will rise to £5,000 for whiplash cases, but only £2,000 for other personal injury (PI) claims, the Ministry of Justice (MoJ) announced today in a bid “to crack down on the compensation culture epidemic” – less than seven weeks after its consultation closed.’
Legal Futures, 23rd February 2017
Source: www.legalfutures.co.uk
Roadside Trees – Local Government Law
‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’
Local Government Law, 21st February 2017
Accident victims “forced into rehab by greedy lawyers” – Litigation Futures
‘There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.’
Litigation Futures, 22nd February 2017
Source: www.litigationfutures.com
New MIB Untraced and Uninsured Drivers Agreements – Zenith PI Blog
‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:
MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.
Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’
Zenith PI Blog, 21st February 2017
Source: www.zenithpi.wordpress.com
Insurance surgery: liability & multi-party accidents abroad – New Law Journal
‘The Court of Appeal has provided welcome clarity on determining which laws should apply in cross-border cases, says Kelvin Farmaner.’
New Law Journal, 16th February 2017
Source: www.newlawjournal.co.uk
New Untraced Drivers Agreement in force after 1st March 2017 – Park Square Barristers
‘If an injured person cannot identify the fault driver of another vehicle, this is the agreement which governs their rights to compensation. In many instances, this is because the accident was a classic “hit and run”; indeed the MIB have stated that 12% of accidents in which the accident was reported to the police and a person was injured were such “hit and run accidents”. (That statistic is not as significant as it would seem at first blush; the majority of relatively minor road traffic accidents are not reported to police; the reason that such accidents are reported is that the other vehicle has made off without stopping so to a certain extent it is a self-selecting criteria). No details of the fault vehicle or the driver tend to have been obtained or recorded so an injured person’s only option would be the Untraced Driver’s Agreement.’
Park Square Barristers, 8th February 2017
Source: www.parksquarebarristers.co.uk
Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette
‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’
Law Society’s Gazette, 14th February 2017
Source: www.lawgazette.co.uk
Society challenges government’s ‘concern’ for road accident victims – Law Society’s Gazette
‘Plans to increase the small claims limit will create difficulties for road accident victims, the Law Society has warned, as the government begins considering more than 9,000 responses to its proposals for tougher punishment for dangerous drivers.’
Law Society’s Gazette, 3rd February 2017
Source: www.lawgazette.co.uk
Removing a witness from court in fraudulent claims – 4 KBW
‘Witnesses and parties are frequently being excluded from County Court sessions across the country when another witness or party is giving evidence in cases when there are accusations of collusion or fraud. The fear is that if Witness A hears the responses of Witness B, Witness A may shape his/her evidence to be consistent with that of Witness B in order to strengthen their case.’
4 KBW, 5th January 2017
Source: www.4kbw.net
Wilko fined £2.2m over worker crushed by metal cage – BBC News
‘National chain store Wilko has been fined £2.2m after a worker was crushed and left paralysed.’
BBC News, 11th January 2017
Source: www.bbc.co.uk
Court orders exemplary damages in fundamental dishonesty case – Litigation Futures
‘A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims.’
Litigation Futures, 10th January 2017
Source: www.litigationfutures.com
Human cannonball stunt death boss gets community service – BBC News
‘The organiser of a daredevil stunt show in which a “human cannonball” died has been given a 12-month community order and his firm fined £100,000.’
BBC News, 20th December 2016
Source: www.bbc.co.uk
Claimants with minor injuries “don’t need lawyers”, says government – Legal Futures
‘Low-value road traffic accident claims “are not so complex that claimants routinely require legal representation to pursue them”, the government has argued – and suggested that claims management companies and paid McKenzie Friends could help instead.’
Legal Futures, 17th November 2016
Source: www.legalfutures.co.uk
Star Wars firm fined £1.6m over Harrison Ford injury – BBC News
‘A production company behind the latest Star Wars movie has been fined £1.6m ($2m) after Harrison Ford broke his leg on set.’
BBC News, 12th October 2016
Source: www.bbc.co.uk
High Court calls for change in bereavement law to benefit cohabitees – The Guardian
‘Under the Fatal Accidents Act 1976 those who live together but are not married are not entitled to damages for bereavement. The High Court has found that though this did not directly engage the right to family life and privacy under Article 8, the difference in treatment between cohabitees and those who were married or in a civil partnership could not be justified and consideration should be given to reforming the law.’
The Guardian, 21st September 2016
Source: www.guardian.co.uk
Mother is spared jail as judge says looking after her five-year-old daughter left paralysed by crash is ‘a greater punishment than any court could impose’ – Daily Telegraph
‘A mother who killed a great-gradmother and left her own five-year-old daughter paralysed in a head-on horror crash has escaped jail.’
Daily Telegraph, 27th August 2016
Source: www.telegraph.co.uk
Lack of UK law requiring lifeguards on all beaches means ‘varied presence’ – The Guardian
‘After a number of water-related deaths in the past week, industry groups call for more safety information for beachgoers.’
The Guardian, 26th August 2016
Source: www.guardian.co.uk
