Category: road traffic

Credit hire – financial losses of self-employed drivers – KCH Garden Sq

Posted February 11th, 2020 in accidents, damages, news, road traffic, self-employment, taxis by sally

‘Claims concerning credit hire charges appear before the courts on a daily basis. It is vital for litigators in this field to be familiar with the decision of the High Court of Justice in late 2019, in Humayum Hussain v EUI Limited [2019] EWHC 2647 (QB); [2019] 10 WLUK 152, (‘Hussain’). The principles detailed in the judgment are applicable to self-employed drivers, including but not limited to, chauffeurs, delivery drivers and hauliers.’

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KCH Garden Sq, 7th February 2020

Source: kchgardensquare.co.uk

New setback in race to begin whiplash reform in April – Legal Futures

Posted February 10th, 2020 in accidents, computer programs, damages, delay, electronic filing, internet, Ministry of Justice, news, personal injuries, road traffic by sally

‘The Civil Procedure Rule Committee last week put off approving the rules for the new whiplash portal until next month, it is understood, making the April start-date all-but impossible.’

Full Story

Legal Futures, 10th February 2020

Source: www.legalfutures.co.uk

Why do some people fear change to e-scooter laws? – BBC News

Posted February 6th, 2020 in consultations, motorcycles, news, road safety, road traffic by sally

‘The government is to hold a consultation on the use of e-scooters, currently banned on public roads, pavements and cycle lanes. Campaigners have called for tighter regulations, but would people welcome a law change?’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

Courts “more willing” to rule on fundamental dishonesty – Litigation Futures

Posted January 22nd, 2020 in appeals, courts, deceit, disclosure, fraud, fundamental dishonesty, news, road traffic by sally

‘There are signs that courts are more willing to make findings of fundamental dishonesty when they reject claimants’ cases, a leading defendant firm has suggested.’

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Litigation Futures, 21st January 2020

Source: www.litigationfutures.com

Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers

Posted January 21st, 2020 in costs, news, personal injuries, road traffic, statutory interpretation by sally

‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’

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Guildhall Chambers, 17th January 2020

Source: www.guildhallchambers.co.uk

Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers

Posted January 9th, 2020 in evidence, fraud, fundamental dishonesty, insurance, internet, news, personal injuries, road traffic by sally

‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’

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39 Essex Chambers, 7th January 2020

Source: www.39essex.com

Speeding motorcyclist who killed pedestrian spared jail because he was being tailgated – Daily Telegraph

Posted December 3rd, 2019 in accidents, bereavement, dangerous driving, news, road safety, road traffic by tracey

‘A motorcyclist who killed a pedestrian while speeding escaped jail after a judge accepted that a tailgating motorist meant he could not slow down.’

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Daily Telegraph, 2nd December 2019

Source: www.telegraph.co.uk

Harry Dunn’s family starts legal action against Foreign Office – The Guardian

Posted November 28th, 2019 in diplomats, government departments, immunity, judicial review, news, road traffic by sally

‘The family of teenage motorcyclist Harry Dunn have launched a legal action against the Foreign Office which they said could cost them “upwards of £50,000”.’

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The Guardian, 28th November 2019

Source: www.theguardian.com

CA: Part 36 offer did not contract out of fixed costs – Litigation Futures

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘A defendant who settles a claim that leaves the RTA protocol with a part 36 offer including the usual wording about paying costs on the standard basis is not contracting out of fixed costs, the Court of Appeal has ruled.’

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Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Appeal court re-establishes fixed costs for claim headed to multi-track – Law Society’s Gazette

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘The Court of Appeal has ruled that claimant solicitors should settle for fixed costs in a ruling that could send shivers through the claims sector.’

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Law Society's Gazette, 19th November 2019

Source: www.lawgazette.co.uk

Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) – St John’s Buildings

Posted November 19th, 2019 in accidents, costs, disclosure, fundamental dishonesty, insurance, news, personal injuries, road traffic by sally

‘This appeal and cross appeal were about a road traffic accident that the Defendant alleged had been staged. Ultimately, the Defendant succeeded in demonstrating that the Claimant had presented a claim that was fundamentally dishonest, albeit that the Court found that his dishonesty related to quantum rather than liability.’

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St John's Buildings, 5th November 2019

Source: stjohnsbuildings.com

Trustees of Sikh Temple charity fail in High Court challenge to traffic management order – Local Government Lawyer

Posted November 11th, 2019 in charities, consultations, equality, local government, news, road traffic, Sikhism by sally

‘A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Anna Wilkinson discusses Failing to disclose credit cards amounts to fundamental dishonesty in credit hire claim – Park Square Barristers

Posted November 7th, 2019 in accidents, compensation, damages, deceit, disclosure, fundamental dishonesty, negligence, news, personal injuries, road traffic by sally

‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’

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Park Square Barristers, 31st October 2019

Source: www.parksquarebarristers.co.uk

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

MoJ scotches hopes of whiplash shift over children – Legal Futures

Posted November 4th, 2019 in children, damages, news, personal injuries, road traffic, small claims by sally

‘The Ministry of Justice (MoJ) has refused to give way to the concerns of claimant groups that children who suffer whiplash injuries lasting less than nine months will be denied access to justice under next April’s reforms.’

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Legal Futures, 4th November 2019

Source: www.legalfutures.co.uk

MoJ: No change to whiplash reform timetable – Legal Futures

Posted November 1st, 2019 in accidents, compensation, consultations, damages, elections, Ministry of Justice, news, personal injuries, road traffic, select committees by sally

‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’

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Legal Futures, 1st November 2019

Source: www.legalfutures.co.uk

Diplomatic immunity and the Dunn case – Law Society’s Gazette

Posted October 31st, 2019 in diplomats, immunity, news, road traffic by sally

‘The death of Harry Dunn, who was struck by a vehicle allegedly driving on the wrong side of the road in August, led to a diplomatic spat over the asserted diplomatic immunity of the driver, Anne Sacoolas, the wife of a US intelligence official believed to work for the CIA based at RAF Croughton in Northamptonshire.’

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Law Society's Gazette, 28th October 2019

Source: www.lawgazette.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

Posted October 30th, 2019 in accidents, appeals, barristers, children, civil procedure rules, compensation, costs, fees, interpretation, news, personal injuries, practice directions, road traffic, solicitors by sally

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Claimant faces £400,000 credit hire bill in “extreme” case – Litigation Futures

Posted October 28th, 2019 in accidents, compensation, insurance, news, road traffic by tracey

‘A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.’

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Litigation Futures, 25th October 2019

Source: www.litigationfutures.com

Law Commissions looks to future with self-driving vehicles – Law Commission

Posted October 18th, 2019 in artificial intelligence, Law Commission, press releases, reports, road traffic by tracey

‘Law Commissions publish proposals on the regulation of highly automated vehicles that operate without a driver (or “user-in-charge”).’

Full press release

Law Commission, 16th October 2019

Source: www.lawcom.gov.uk