Category: road traffic

Director of Public Prosecutions v Issler and others – WLR Daily

Posted April 15th, 2014 in emergency services, law reports, road traffic by sally

Director of Public Prosecutions v Issler and others: [2014] EWHC 669 (Admin);   [2014] WLR (D)  164

‘For the purposes of the Road Vehicle (Construction and Use) Regulations 1986 and the Road Vehicles Lighting Regulations 1989 a vehicle used for “ambulance purposes” had to be capable of conveying sick, injured or disabled persons and do so with such frequency that that core activity might fairly and properly be designated as its primary use.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Suffolk Christmas Eve horse crash death owner jailed – BBC News

Posted March 14th, 2014 in horses, news, road traffic, sentencing by sally

‘A man whose horses wandered on to a main road on Christmas Eve, causing the death of a driver when four vehicles ploughed into them, has been jailed.’

Full story

BBC News, 14th March 2014

Source: www.bbc.co.uk

Dispute over traffic orders and equality duty set for Court of Appeal – Local Government Lawyer

Posted February 17th, 2014 in appeals, equality, local government, news, road traffic by sally

‘A county council this week won a High Court battle over its decision to end blue-badge access to part of a town centre, but the case looks certain to end up in the Court of Appeal.’

Full story

Local Government Lawyer, 14th February 2014

Source: www.localgovernmentlawyer.co.uk

Fact or Friction – Horner v Norman – Zenith Chambers

Posted February 14th, 2014 in accidents, evidence, expert witnesses, negligence, news, personal injuries, road traffic by sally

‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’

Full story

Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

MoJ presses ahead with plan to introduce RTA medical panels this year – Litigation Futures

Posted January 17th, 2014 in doctors, expert witnesses, news, personal injuries, road traffic by sally

‘The new independent medical panels to assess whiplash injuries are on course for implementation this year after the Ministry of Justice (MoJ) began putting together a working group to take them forward.’

Full story

Litigation Futures, 16th January 2014

Source: www.litigationfutures.com

Coles and others v Hetherton and others – WLR Daily

Posted January 8th, 2014 in damages, economic loss, insurance, law reports, negligence, repairs, road traffic by sally

Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508

‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Car insurance too high, says Competition Commission – The Guardian

Posted December 17th, 2013 in competition, consumer protection, insurance, news, road traffic by sally

‘Car insurance premiums are too high and should be reduced through far-reaching reforms, the competition watchdog has said.’

Full story

The Guardian, 17th December 2013

Source: www.guardian.co.uk

Cost-cutting council ‘contributed to death of student’ by switching off street lights – Daily Telegraph

Posted November 25th, 2013 in budgets, inquests, local government, news, road traffic by sally

‘A coroner has said a council switching off street lights as a cost-cutting measure contributed to the death of a student. The verdict came following an inquest into the death of 18-year-old Warwick University student Archie Wellbelove, who died after he was hit by a taxi on the A452 near Leamington in the early hours of December 7 2012.’

Full story

Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

High Court sends clear message to judges on granting relief from sanctions – Litigation Futures

Posted November 25th, 2013 in negligence, news, personal injuries, road traffic, striking out by sally

‘A High Court judges has sent a strong message to county courts about dealing with applications for relief from sanctions in a case where “a wholesale and flagrant disregard” of directions occurred.’

Full story

Litigation Futures, 25th November 2013

Source: www.www.litigationfutures.com

‘Cash for crash’ fraud – sentencing in the criminal courts by Bronia Hartley – Zenith Chambers

Posted October 30th, 2013 in accidents, appeals, conspiracy, consultations, fraud, insurance, news, road traffic, sentencing by sally

“The Court of Appeal in the recent case of McKenzie [2013] EWCA Crim 1544 dismissed the Defendant’s appeal against the sentence of 15 months’ imprisonment imposed by the Crown Court following his conviction after trial for a fraud committed in the context of false insurance claims in the form of ‘cash for crash’ incidents.”

Full story

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Regina (Attfield) v Barnet London Borough Council – WLR Daily

Posted July 29th, 2013 in fees, judicial review, law reports, local government, news, parking, road traffic by sally

Regina (Attfield) v Barnet London Borough Council [2013] EWHC 2089 (Admin); [2013] WLR (D) 303

A local authority was not entitled to exercise its powers under section 45 of the Road Traffic Regulation Act 1984 for the purposes of raising surplus revenue to defray other road expenditure and reduce the need to raise income from other sources, such as fines, charges and council tax.

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk

Drug-driving proposals unveiled by government – BBC News

Posted July 10th, 2013 in dangerous driving, drug offences, news, road traffic by sally

“Plans to make it easier to prosecute people who drive under the influence of illegal drugs in England and Wales have been unveiled by the government.”

Full story

BBC News, 9th July 2013

Source: www.bbc.co.uk

Grey v Swansea City and County Council – WLR Daily

Posted July 2nd, 2013 in contracts, law reports, licensing, local government, road traffic by sally

Grey v Swansea City and County Council [2013] WLR (D) 260

“A public service vehicle could be ‘used on a road for carrying passengers for hire or reward’, within the terms of the Public Passenger Vehicles Act 1981, even if it were not actually in motion on the road, and so failure to display the operator’s disc, which section 18 of the Act required to be fixed to and exhibited on the vehicle, on such a stationary vehicle could constitute a breach of statutory duty.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Cusack v Harrow London Borough Council – WLR Daily

Posted June 26th, 2013 in human rights, law reports, local government, parking, proportionality, road traffic by sally

Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250

“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

A1P1 and property rights in the Supreme Court again – UK Human Rights Blog

Posted June 26th, 2013 in compensation, human rights, local government, news, parking, road traffic, Supreme Court by sally

“This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and reached for Article 1 of Protocol 1 (A1P1) of ECHR, by way of a second string to his bow. Not his choice, as he had won in the Court of Appeal on other grounds. But his failure on the point reminds us that in the majority of cases A1P1 is a difficult argument to bring home.”

Full story

UK Human Rights Blog, 25th June 2013

Source: www.ukhumanrightsblog.com

Surveillance camera code of conduct comes into force – Home Office

Posted June 7th, 2013 in closed circuit television, codes of practice, local government, police, press releases, road traffic by sally

“New guidance in place over police and local authority use of CCTV and Automatic Number Plate Recognition.”

Full press release

Home Office, 4th June 2013

Source: www.gov.uk/home-office

Police officer suing petrol station also taking action against force – The Guardian

Posted April 8th, 2013 in compensation, news, personal injuries, police, road traffic by sally

“A police officer criticised for taking legal action against a petrol station owner after she tripped on a kerb answering a 999 call is also making a claim against her own force, it has been reported.”

Full story

The Guardian, 7th April 2013

Source: www.guardian.co.uk

Bypassing lawyers would save £1.5bn, insurer claims – Law Society’s Gazette

Posted February 15th, 2013 in insurance, legal services, news, personal injuries, road traffic by sally

“Removing lawyers altogether from the small-claims process would save each motorist an average £60 a year on their car insurance premiums, a major insurer today [14 February] claimed.”

Full story

Law Society’s Gazette, 14th February 2013

Source: www.lawgazette.co.uk

Pedestrians, contributory negligence and the current state of the law – Hardwicke Chambers

Posted February 8th, 2013 in contribution, news, personal injuries, road traffic by sally

“In a hearing of potential landmark significance, the Court of Appeal has given permission to the defendant in Probert v Moore [2012] EWHC 2324 (QB) to appeal against a finding that a 13 year old girl was not guilty of contributory negligence when struck by a car on an unlit country lane.”

Full story

Hardwicke Chambers, 6th February 2013

Source: www.hardwicke.co.uk

Women could pay £500 more for car insurance as EU ruling comes into force – The Guardian

Posted December 18th, 2012 in insurance, news, road traffic, sex discrimination, women by sally

“Women who take out car or life insurance could find themselves paying as much as £500 more when an EU ruling on gender comes into force on Friday.”

Full story

The Guardian, 17th December 2012

Source: www.guardian.co.uk