Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

Posted November 18th, 2021 in accidents, alcohol abuse, contribution, negligence, news, road traffic by tracey

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash “will not avoid a finding of contributory negligence” where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

Man jailed for 10 years following traffic collision stabbing – The Independent

“A man who stabbed another man trying to get his details after a traffic collision has been jailed for 10 years.”

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The Independent, 5th November 2021

Source: www.independent.co.uk

Police officer who feigned injury while taking 10,000 steps a day jailed – The Guardian

Posted November 5th, 2021 in accidents, fraud, imprisonment, news, personal injuries, police, sentencing by michael

“A former police officer who claimed he was in too much pain to work has been jailed for fraud after a covert surveillance team caught him playing sport and an app on his phone showed he was taking 10,000 steps a day.”

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The Guardian, 4th November 2021

Source: www.theguardian.com

Emiliano Sala: Businessman who organised fatal flight found guilty of endangering safety of plane – The Independent

‘The businessman who organised the flight that crashed and killed footballer Emiliano Sala has been found guilty of endangering the safety of an aircraft.’

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The Independent, 28th October 2021

Source: www.independent.co.uk

Qualified one-way costs shifting – Law Society’s Gazette

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45 – UKSC Blog

‘In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they were travelling in during the tour crashed, killing the respondent’s husband and seriously injuring the respondent.’

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UKSC Blog, 20th October 2021

Source: ukscblog.com

Supreme Court backs claimants in QOCS set-off ruling – Legal Futures

‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’

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Legal Futures, 6th October 2021

Source: www.legalfutures.co.uk

BBC presenter hurt while playing role of ‘crash test dummy’ awarded £1.6m damages – The Independent

‘A television presenter has been awarded £1.6m in damages after he suffered brain and spine injuries while acting as a “crash test dummy” in a science programme. Jeremy Stansfield won a High Court battle with the BBC on Friday, with Dame Justice Amanda Yip ruling that the injuries he received in 2013 had derailed his “successful career in television” and restricted his enjoyment of life.’

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The Independent, 2nd October 2021

Source: www.independent.co.uk

Judges can rely on solicitors’ emails to assess credit hire losses – Legal Futures

Posted September 30th, 2021 in accidents, electronic mail, insurance, news, road traffic, taxis, witnesses by sally

‘Taxi drivers forced to hire new cars after road traffic accidents do not need to set out their credit charges in witness statements as emails from their solicitors will suffice, a judge has ruled.’

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Legal Futures, 30th September 2021

Source: www.legalfutures.co.uk

Harry Dunn: Parents reach resolution in civil case against suspect – BBC News

‘The parents of Harry Dunn have reached a “resolution” in a civil claim for damages with the woman alleged to have killed him, the family’s spokesman has said.’

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BBC News, 21st September 2021

Source: www.bbc.co.uk

Claimant who exaggerated impact of injury not fundamentally dishonest – Legal Futures

Posted September 20th, 2021 in accidents, compensation, damages, deceit, fundamental dishonesty, news, personal injuries by tracey

‘A judge was right to find that a claimant who exaggerated the impact of a serious injury was not fundamentally dishonest, the High Court has ruled.’

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Legal Futures, 20th September 2021

Source: www.legalfutures.co.uk

Chertsey: Zane Gbangbola flood death site ‘to be investigated’ – BBC News

‘Investigations at a former landfill site behind a house where a seven-year-old boy died are to take place as soon as possible, councillors have said.’

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BBC News, 15th September 2021

Source: www.bbc.co.uk

Grenfell Inquiry: Government petition launched calling minister to examine discrimination role in fire – The Independent

‘A government petition has been launched calling for an inquiry into the role of institutional discrimination in the Grenfell Tower fire. The petition is calling for an “independent, expertise-led and community-centred” inquiry into whether institutional racism, classism and/or discrimination against religion contributed to the events leading to the fire.’

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The Independent, 11th September 2021

Source: www.independent.co.uk

Bradford mother jailed after ‘home alone’ son killed by car – BBC News

Posted August 19th, 2021 in accidents, child neglect, guilty pleas, news, road traffic, sentencing by sally

‘A mother has been jailed after her seven-year-old son was knocked down and killed when he was left alone at his home in West Yorkshire.’

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BBC News, 18th August 2021

Source: www.bbc.co.uk

Dougan v Bike Events Ltd: High Court decision on liability for a cycling sportive accident – 12 King’s Bench Walk

‘The claim was brought by Mr Dougan, an event participant, against Bike Events Ltd as the event organiser of the Manchester 100, a non-competitive charity cycling sportive on open roads.’

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12 King's Bench Walk, 19th July 2021

Source: www.12kbw.co.uk

Beyond Visual Line of Sight (BVLOS) Drone use is coming. What should Insurers be Doing? – 12 King’s Bench Walk

Posted July 29th, 2021 in accidents, aircraft, chambers articles, insurance, news by sally

‘Articles that set out to consider the hidden costs of new technology often seek to catch the eye by starting with a vivid description of a recent near-miss. Nothing is as effective an antidote to entrepreneurial optimism as hard evidence of a disaster narrowly avoided.’

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12 King's Bench Walk, 27th July 2021

Source: www.12kbw.co.uk

Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers

‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

Harry Dunn: US tries to prevent disclosure of alleged killer’s work record – The Guardian

‘The US government has requested that the country’s civil courts prevent the disclosure of the employment details of Harry Dunn’s alleged killer in the interests of “national security”.’

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The Guardian, 25th July 2021

Source: www.theguardian.com

Croydon tram crash deaths were accidental, inquest rules – The Guardian

Posted July 23rd, 2021 in accidents, bereavement, families, health & safety, inquests, news, transport, victims by sally

‘The deaths of seven passengers in the Croydon tram crash were accidental, the jury at the coroner’s inquest in south London has decided, in a verdict met with anger by families of the victims.’

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The Guardian, 22nd July 2021

Source: www.theguardian.com