Bath tipper truck crash: haulage company owner and mechanic jailed – The Guardian

Posted January 30th, 2017 in health & safety, homicide, news, road traffic, sentencing by sally

‘The owner of a haulage company and a mechanic have been jailed after a 32-tonne truck with faulty brakes killed four people, including a four-year-old girl, when it careered down a steep hill in Bath.’

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The Guardian, 27th January 2017

Source: www.guardian.co.uk

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Removing a witness from court in fraudulent claims – 4 KBW

Posted January 27th, 2017 in accidents, fraud, news, road traffic, witnesses by sally

‘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.’

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4 KBW, 5th January 2017

Source: www.4kbw.net

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Court orders exemplary damages in fundamental dishonesty case – Litigation Futures

Posted January 11th, 2017 in accidents, costs, damages, fraud, insurance, judges, news, road traffic by sally

‘A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims.’

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Litigation Futures, 10th January 2017

Source: www.litigationfutures.com

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A technology top ten for 2017 – Technology Law Update

‘What should we expect in the technology space in 2017?

We take a look at current trends and focus on some of the legal opportunities and pitfalls that they present.’

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Technology Law Update, 6th January 2017

Source: www.technology-law-blog.co.uk

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Application for Permission to Bring Contempt Proceedings: A Useful Illustration (Aviva IInsurance Ltd V Randive) – Zenith PI Blog

Posted December 19th, 2016 in contempt of court, costs, damages, news, personal injuries, road traffic by sally

‘In Aviva Insurance Ltd v Randive [2016] EWHC 3152 (QB). Slade J dealt with the Applicant’s application for permission to bring contempt proceedings against the Respondent. No new points of principle arise, but Slade J’s recitation of the existing principles and treatment of the issues in the case is a useful indication of how common RTA issues are treated in contempt proceedings.’

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Zenith PI Blog, 15th December 2016

Source: www.zenithpi.wordpress.com

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ASA bans ad to remove pollution filters from diesel cars – The Guardian

Posted December 14th, 2016 in advertising, environmental protection, news, pollution, road traffic by sally

‘The rogue practice of removing vital pollution filters from the exhausts of diesel vehicles has suffered a blow with the Advertising Standards Agency for the first time banning an advert for the service.’

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The Guardian, 14th December 2016

Source: www.guardian.co.uk

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An intervention success story: Powell v Palani – Zenith PI

Posted November 24th, 2016 in consumer credit, costs, news, road traffic by tracey

‘It was only a matter of weeks ago that I encouraged readers to look to 2017 for any future changes to the credit hire landscape. Nevertheless, it appears I was too hasty. The case of William Powell v Babu Palani was heard on 5th September 2016 at Birmingham County Court before His Honour Judge McKenna.’

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Zenith PI, 22nd November 2016

Source: www.zenithpi.wordpress.com

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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.’

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Legal Futures, 17th November 2016

Source: www.legalfutures.co.uk

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Just one person fined in UK for smoking with under-18 in car – The Guardian

Posted November 14th, 2016 in children, fines, news, road traffic, smoking by tracey

‘Only one person has been fined for smoking in a car when children are present in the first 12 months since the ban was introduced, according to an investigation.’

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The Guardian, 13th November 2016

Source: www.guardian.co.uk

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London woman dies in possibly the first drone-related accidental death – The Independent

Posted August 10th, 2016 in accidents, aircraft, armed forces, news, police, prisons, road traffic, terrorism by tracey

‘A young woman died in a car crash Tuesday after her vehicle was followed by police investigating reports of a drone being flown near Wandsworth Prison in London. The incident may be the first fatality linked to the non-military use of drones.’

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The Independent, 9th August 2016

Source: www.independent.co.uk

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Claimant wins credit hire argument over ‘super car’ – Litigation Futures

Posted August 5th, 2016 in accidents, insurance, news, road traffic by tracey

‘A claimant who drove a top-of-the-range Mercedes while his McLaren supercar was being repaired has recovered the cost of the credit hire, despite owning other high-spec vehicles, including two Aston Martins.’

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Litigation Futures, 4th August 2016

Source: www.litigationfutures.co.uk

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Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts – Cloisters

‘William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Excluding a party from Court in fraudulent claims – Zenith PI Blog

Posted July 22nd, 2016 in fraud, insurance, news, road traffic, witnesses by sally

‘There is a common trend in County Courts up and down the country for witnesses to be excluded from the courtroom during the evidence of another witness and/or a party when there are allegations of fraud or collusion, commonly in relation to a road traffic accident. The pragmatic rationale for such an approach is quite clear- if witness X hears what the Claimant says in cross examination, X may tailor his or her evidence to be consistent with that of the Claimant in a bid to bolster the case.’

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Zenith PI Blog, 22nd July 2016

Source: www.zenithpi.wordpress.com

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Blaming insurers for driverless accidents ‘makes no sense’ – Law Society’s Gazette

Posted July 18th, 2016 in accidents, insurance, negligence, news, road traffic by sally

‘Government proposals for driverless cars could create a worrying principle in the law of negligence, a high-profile motoring solicitor has warned.’

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Law Society’s Gazette, 16th July 2016

Source: www.lawgazette.co.uk

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Whose fair trial prevails? – UK Human Rights Blog

Posted July 18th, 2016 in appeals, conspiracy, fraud, human rights, insurance, news, road traffic by sally

‘Two people say they owned motorbikes which they kept outside their house – until, it is said, the bikes were mown down by the defendant’s car, a collision which their witness claimed to have seen. The car’s insurers said that the claim was fraudulent and it was all a conspiracy. The judge agreed it was a fraud, whereas the Court of Appeal disagreed – but still disallowed the claim because, the CA said, the owners had not proved their case.’

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UK Human Rights Blog, 17th July 2016

Source: www.ukhumanrightsblog.com

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Inebriated pedestrians: a fresh view on foreseeability and novus actus interveniens – Zenith PI Blog

‘A consideration of the Court of Appeal’s recent decision in Scott v Gavigan [2016] EWCA Civ 544 before Elias LJ, Clarke LJ and Simon LJ.’

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Zenith PI Blog, 22nd June 2016

Source: www.zenithpiwordpress.com

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Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

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Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog

‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’

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Zenith PI Blog, 27th April 2016

Source: www.zenithpi.wordpress.com

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Claim against MIB does not have protection of QOCS, High Court rules – Litigation Futures

‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.

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Litigation Futures, 26th April 2016

Source: www.litigationfutures.com

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CA: judge wrong to move hire costs dispute from RTA process to small claims court – Litigation Futures

Posted April 25th, 2016 in appeals, costs, damages, fees, insurance, news, road traffic, small claims by sally

‘A district judge was wrong to move a dispute over hire car costs from stage 3 of the RTA protocol to the small claims court, the Court of Appeal has ruled.’

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Litigation Futures, 22nd April 2016

Source: www.litigationfutures.com

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