E-Scooters: The Current Framework – Part 1 – Guildhall Chambers

‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’

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Guildhall Chambers, 12th May 2022

Source: www.guildhallchambers.co.uk

Public Road or Private Land? The Application of RTA Insurance following the Motor Vehicles (Compulsory Insurance) Act 2022 – Farrar’s Building

Posted May 18th, 2022 in accidents, bills, chambers articles, insurance, news, road traffic by sally

‘Having received Royal Assent on 28 April 2022, the Motor Vehicles (Compulsory Insurance) Bill is now an Act of Parliament: the Motor Vehicles (Compulsory Insurance) Act 2022 (“the Act”). The Act makes clear the distinction between UK law and European Motor Insurance Directives. Further, the Act defines the categories of vehicle requiring compulsory insurance and the circumstances in which compulsory insurance is required.’

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Farrar's Building, 16th May 2022

Source: www.farrarsbuilding.co.uk

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’

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Law Society's Gazette, 5th May 2022

Source: www.lawgazette.co.uk

County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Priory hospital neglect contributed to death of patient, jury finds – The Guardian

‘The death of a 23-year-old man who ran away from a Priory mental health hospital and was killed by a train was “contributed to by neglect” on the part of the institution, an inquest has concluded.’

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The Guardian, 21st April 2022

Source: www.theguardian.com

Judge could hand down judgment despite settlement – Legal Futures

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk

Artist injured by stolen motorbike awarded £3m damages after High Court trial – The Independent

‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’

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The Independent, 14th April 2022

Source: www.independent.co.uk

Dog-walking Dorset Police officer faked injury for £150k – BBC News

‘A former police officer who feigned injury and claimed almost £150,000 from the force has been found guilty of gross misconduct.’

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BBC News, 11th April 2022

Source: www.bbc.co.uk

Future loss of earnings or Smith v Manchester? – Exchange Chambers

Posted April 8th, 2022 in accidents, chambers articles, damages, news, personal injuries by sally

‘The decision of Anthony Metzer QC (sitting as a Deputy High Court Judge) in Natasha Palmer v Seferif Mantas and Liverpool Victoria Insurance Co. Ltd [2022] EWHC 90 (QB) provides a helpful analysis of the interplay between a Smith v Manchester award of general damages for disadvantage on the open labour market and a future loss of earnings claim calculated on a multiplier / multiplicand basis.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Slipping Claims and Evidential Burdens – Ropewalk Chambers

‘The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context.’

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Ropewalk Chambers, 23rd March 2022

Source: www.ropewalk.co.uk

Snapchat drink driver Meirion Roberts jailed for death crash – BBC News

‘A man has been sentenced to seven and a half years in prison after killing his friend during a high-speed crash.’

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BBC News, 29th March 2022

Source: www.bbc.co.uk

MoJ finally responds to part 2 of whiplash consultation – five years on – Legal Futures

Posted March 23rd, 2022 in accidents, compensation, costs, delay, Ministry of Justice, news, personal injuries by sally

‘The Ministry of Justice (MoJ) today unexpectedly published its response to part 2 of the whiplash consultation which closed in January 2017, with no proposals for any immediate reform.’

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Legal Futures, 22nd March 2022

Source: www.legalfutures.co.uk

Coroner will write to the Government over Emiliano Sala’s illegal ‘grey’ flight – The Independent

Posted March 18th, 2022 in accidents, aircraft, coroners, inquests, licensing, news, sport by tracey

A coroner will be writing to the Government and the sports industry with her concerns about illegal “grey” passenger flights following the death of footballer Emiliano Sala.

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The Independent, 17th March 2022

Source: www.independent.co.uk

Failure to remove’ claims: some further developments – Local Government Lawyer

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Duties of care, highways authorities and occupiers of land adjoining the highway – Local Government Lawyer

Posted February 7th, 2022 in accidents, appeals, duty of care, local government, news, road safety, roads, trespass by tracey

‘The Court of Appeal recently considered whether claims under the Occupiers’ Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.’

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Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

Essex concrete mixer death: Father mounts High Court challenge – BBC News

‘The father of a man found dead in a concrete mixer has claimed he may have been “deliberately killed”, the High Court heard.’

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BBC News, 4th February 2022

Source: www.bbc.co.uk

Major legal changes needed for driverless car era – BBC News

Posted January 26th, 2022 in accidents, computer programs, dangerous driving, news, road safety by sally

‘Human drivers should not be legally accountable for road safety in the era of autonomous cars, a report says.’

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BBC News, 26th January 2022

Source: www.bbc.co.uk

Public bodies not generally liable for ‘merely acting ineffectually’, CoA rules – Law Society’s Gazette

Posted January 20th, 2022 in accidents, duty of care, news, police, road traffic by tracey

‘Public authorities do not generally owe a duty of care “where it has intervened but has done so ineffectually” in a way which fails to confer a benefit rather than “making matters worse”, the Court of Appeal ruled today.’

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Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

Carriageways, footways and standards of maintenance – Local Government Lawyer

‘Shaun O’Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.’

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Local Government Lawyer, 14th January 2022

Source: www.localgovernmentlawyer.co.uk

Driver jailed after pretending to be undercover police officer following crash – The Independent

‘A driver who pretended to be an undercover police officer and brandished a knife after crashing his car under the influence of drugs has been jailed.’

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The Independent, 13th January 2022

Source: www.independent.co.uk