‘Steps of court’ settlement was not negligent, court rules – OUT-LAW.com

‘A barrister and firm of solicitors did not act negligently when they advised a client to settle her road traffic accident (RTA) claim after her main witness failed to attend court, the High Court has ruled.’

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OUT-LAW.com, 8th February 2016

Source: www.out-law.com

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Claimants and lawyers warned over damages repayment risk in RTA protocol cases – Litigation Futures

Posted January 22nd, 2016 in damages, negligence, news, personal injuries, repayment, road traffic, solicitors by sally

‘A claimant who receives less at stage 3 of the RTA protocol than was offered at stage 2 has to reimburse the difference, a circuit judge has ruled.’

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Litigation Futures, 21st January 2016

Source: www.litigationfutures.com

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People with advanced dementia have no place in court – The Guardian

Posted January 20th, 2016 in accidents, courts, elderly, fitness to plead, mental health, news, road traffic, trials by sally

‘The Law Commission has recommended a new test of incapacity after the Greville Janner case. We must be cautious about punishing those no longer in control of their actions.’

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The Guardian, 19th January 2016

Source: www.guardian.co.uk

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Crash for cash: Five more guilty over insurance scam – BBC News

Posted December 18th, 2015 in fraud, insurance, news, road traffic by tracey

‘Five people have been found guilty over the biggest car insurance fraud investigation in the UK. They were convicted of making six insurance claims worth £144,000 between 2009 and 2011. Two were found not guilty.’

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BBC News, 17th December 2015

Source: www.bbc.co.uk

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Speed Medical to appeal after High Court backs MoJ on MedCo – Litigation Futures

Posted December 11th, 2015 in expert witnesses, judicial review, news, personal injuries, road traffic by tracey

‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’

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Litigation Futures, 11th December 2015

Source: www.litigationfutures.com

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Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496

‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

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Automotive Automatism – Zenith PI Blog

Posted November 16th, 2015 in automatism, defences, news, personal injuries, road traffic by sally

‘I recently appeared in a County Court trial on behalf of the Defendant in which we were relying upon the rarely employed defence of automatism. For those of you who might stumble upon this sort of case once in a while, this article may provide some assistance as to how the Court will deal with such a defence.’

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Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

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Qader & Ors v Esure Services Ltd (Birmingham CC – 15/10/15) – Fixed Recoverable Costs Apply In Some Multi Track Claims – Zenith PI

Posted November 13th, 2015 in accidents, costs, fraud, news, road traffic by tracey

‘In this case, HHJ David Grant had to decide whether or not fixed recoverable costs applied to a claim that started out in the portal but was subsequently allocated to the multi-track.’

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Zenith PI, 13th December 2015

Source: www.zenithpi.wordpress.com

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£4m payout for man who suffered brain damage in crash – The Guardian

Posted October 12th, 2015 in accidents, compensation, insurance, news, personal injuries, road traffic by tracey

‘A man in his 20s who suffered severe brain damage in a car crash when he was a teenager is to get more than £4m compensation, lawyers say.’

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The Guardian, 12th October 2015

Source: www.guardian.co.uk

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‘Hoverboards’ are illegal on both pavements and roads, CPS confirms – The Guardian

Posted October 12th, 2015 in news, road traffic by tracey

‘The wheeled vehicles, which are an evolution of the infamous Segway “personal transportation device”, are too unsafe to ride on the road, but too dangerous to ride on the pavement, according to British legislation. As a result, they are only legal to use on land which is private property, and only with the landowner’s permission, the CPS says.’

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The Guardian, 12th October 2015

Source: www.guardian.co.uk

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London borough secures lifting of suspension of award of CCTV contract – Local Government Lawyer

‘A London borough has successfully applied to the High Court to have lifted an automatic suspension under procurement regulations of the award of a contract for a road traffic CCTV system.’
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Local Government Lawyer, 30th September 2015

Source: www.localgovernmentlawyer.co.uk

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A & M v Royal Mail Group – ATE Premiums and Success Fees Under CPR 21 – Zenith PI Blog

‘A and M, aged 12 and 4 respectively, brought claims in damages for personal injuries and consequential losses sustained in a road traffic accident on the 31st July 2013. Agreement was reached with the insurers for the Defendant for both general damages and special damages through the usual minor injury claim portal process. Naturally, that agreement was subject to the ultimate approval of the Court pursuant to Part 21 CPR. DJ Lumb at the County Court Sitting at Birmingham was able to provisionally approve awards of £2115 and £2065 respectively on 14th August 2015. In addition, the Defendant agreed to pay the fixed recoverable costs calculated in accordance with CPR Part 45. The case had progressed in the standard way up until this point.’

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Zenith PI Blog, 29th September 2015

Source: www.zenithpi.wordpress.com

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The Child in the Road – Zenith PI Blog

Posted September 11th, 2015 in children, contribution, negligence, news, personal injuries, road traffic, Scotland by tracey

‘Jackson-v-Murray, which has been recently reported at [2005] PIQRP 249 deals directly or indirectly with three important issues: (1) the extent to which a higher court can interfere with an assessment of contributory negligence by the trial judge or by an appeal court; (2) the assessment of contributory negligence of children; (3) the assessment of the proportions of liability of drivers of vehicles and pedestrians with whom they come into collision.’

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Zenith PI Blog, 10th September 2015

Source: www.zenithpi.wordpress.com

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London safer lorry scheme in force after cyclist deaths – BBC News

Posted September 1st, 2015 in fines, London, news, road safety, road traffic by sally

‘A ban on “unsafe lorries” in London, introduced as part of efforts to protect cyclists, has come into force.’

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BBC News, 1st September 2015

Source: www.bbc.co.uk

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NEW UNINSURED DRIVERS’ AGREEMENT – IN FORCE 1 AUGUST 2015 – Zenith PI

‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’

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Zenith PI, 13th July 2015

Source: www.zenithpi.wordpress.com

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Connolly v Croydon Health Services NHS Trust [2015] EWHC 1339 (QB) and Buswell v Symes [2015] EWHC 1379 (QB) – Zenith PI Blog

‘Multiple witness statements and credibility of witnesses.’

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Zenith PI Blog, 4th June 2015

Source: www.zenithpi.wordpress.com

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DVLA release latest list of banned licence plates – The Independent

Posted May 26th, 2015 in news, obscenity, road traffic by sally

‘The DVLA have released a list of banned licence plates, revealing while you can ORG45M you can’t have a VA61ANA on the roads.’

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The Independent, 23rd May 2015

Source: www.independent.co.uk

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Pleadings and putting to proof – an update – Park Square Barristers

Posted April 2nd, 2015 in appeals, fraud, insurance, news, road traffic, striking out by sally

‘An appeal case from the High Court has clarified the position post-Hussain v Amin Charters in respect of road traffic insurers putting claimants to proof due to concerns about fraud.’

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Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

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Man jailed after shooting a police officer – BBC News

Posted March 30th, 2015 in accidents, firearms, grievous bodily harm, news, police, road traffic, sentencing by sally

‘A man has been jailed for 12 years for shooting a police officer in south-east London following a car crash.’

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BBC News, 28th March 2015

Source: www.bbc.co.uk

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Car crash Euro-damages against government upheld by CA – UK Human Rights Blog

‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’

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UK Human Rights Blog, 22nd March 2015

Source: www.ukhumanrightsblog.com

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