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

Thousands trapped in flats with Grenfell-style cladding ‘scammed’ by insurers – The Independent

‘Thousands of residents trapped in homes with Grenfell-style cladding that they cannot sell are being “scammed” by insurers demanding unaffordable premiums despite being told the buildings are safe, The Independent can reveal. Nearly seven years after the tragedy, which took place in west London in June 2017, residents living in cladded homes are seeing their insurance costs surge by up to 1,000 per cent.’

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The Independent, 24th March 2024

Source: www.independent.co.uk

Pair jailed after police chase in Norfolk maize field ends in fatality – BBC News

‘A man has been jailed for 12 years following a fatal crash involving a police pursuit through a maize field.’

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BBC News, 26th March 2024

Source: www.bbc.co.uk

Defendant law firms “scaring off” legitimate employer’s liability claims – Legal Futures

Posted March 26th, 2024 in accidents, compensation, employment, law firms, news, personal injuries by tracey

‘At least £284m has been unclaimed from accidents at work in 2023, with workers increasingly reluctant to seek compensation from their employer, according to National Accident Helpline (NAH).’

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Legal Futures, 26th March 2024

Source: www.legalfutures.co.uk

Pork pie firm fined £800,000 after Nottingham workers lose fingers – BBC News

Posted March 26th, 2024 in accidents, fines, guilty pleas, health & safety, industrial injuries, news by tracey

‘A firm that specialises in making pork pies has been fined £800,000 after two staff members lost fingers which became trapped in machinery.’

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BBC News, 25th March 2024

Source: www.bbc.co.uk

Government rejects multiple calls to reform whiplash claims process – Legal Futures

‘The Ministry of Justice (MoJ) has rejected all but some technical changes to the Official Injury Claim (OIC) portal put forward by both claimant and defendant representatives.’

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Legal Futures, 19th March 2024

Source: www.legalfutures.co.uk

Credit hire firm “voluntarily assumed” risk of claimants being dishonest – Legal Futures

Posted March 12th, 2024 in accidents, costs, insurance, news, personal injuries, road traffic by tracey

‘A High Court judge has refused to overturn a non-party costs order (NPCO) against a credit hire company, saying the firm “voluntarily assumed the risk” of the claimants turning out to be dishonest.’

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Legal Futures, 12th March 2024

Source: www.legalfutures.co.uk

Grenfell: Met officers suing force over ‘trauma’ suffered – BBC News

‘More than 30 current and former Metropolitan Police officers are suing the force “for personal injury and losses following their role in the Grenfell Tower fire”, it says.’

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BBC News, 10th March 2024

Source: www.bbc.co.uk

ABI urges extension of injury damages tariff beyond whiplash – Legal Futures

Posted February 28th, 2024 in accidents, damages, insurance, news, personal injuries, road traffic by sally

‘The fixed tariff for whiplash claims should be extended to other injuries to help reduce motor insurance premiums, the Association of British Insurers (ABI) argued yesterday.’

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Legal Futures, 28th February 2024

Source: www.legalfutures.co.uk

PI world turns its attention to Supreme Court for mixed-injuries case – Legal Futures

Posted February 19th, 2024 in accidents, appeals, compensation, damages, insurance, news, personal injuries, Supreme Court by tracey

‘Whiplash claimants, insurers and their lawyers will be watching the Supreme Court closely tomorrow when it hears the appeal on how to value so-called mixed injury claims.’

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Legal Futures, 19th February 2024

Source: www.legalfutures.co.uk

Company fined £450,000 and director and site manager sentenced following death of labourer – Crown Prosecution Service

‘A company has been fined £450,000 and the firm’s director has received a suspended prison sentence after a labourer was crushed to death at a construction site.’

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Crown Prosecution Service, 15th February 2024

Source: www.cps.gov.uk

Supreme Court rules that insurer should pay victim’s car hire losses – Law Society’s Gazette

Posted February 19th, 2024 in accidents, appeals, compensation, damages, insurance, news, road traffic, Supreme Court by tracey

‘An at-fault driver is liable for losses agreed in advance between a claimant and her hire car company, the Supreme Court has ruled.’

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Law Society's Gazette, 15th February 2024

Source: www.lawgazette.co.uk

Swindon man fined £20,000 after boat crashed into rocks – BBC News

‘A man has been ordered to pay £20,000 after crashing his boat on to rocks and seriously injuring three passengers.’

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BBC News, 18th February 2024

Source: www.bbc.co.uk

Woman hit by two Tube trains takes TfL to High Court – BBC News

Posted February 8th, 2024 in accidents, health & safety, London, news, personal injuries, railways by sally

‘A woman who lost an arm and leg after being run over by two Tube trains has issued a legal claim at the High Court against Transport for London (TfL).’

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BBC News, 7th February 2024

Source: www.bbc.co.uk