Fatal Accident Act Apportionment – a pragmatic solution to an unusual problem? – 12 King’s Bench Walk

Posted February 21st, 2020 in accidents, apportionment, bereavement, chambers articles, children, damages, families, news by sally

‘The decision of Master Cook in ARN v Ageas Insurance Ltd (27/1/2020), when approving a Fatal Accident Act settlement involving four children, provides a novel and pragmatic solution to a difficult apportionment problem. A single mother was killed in a road traffic accident, leaving four young children. The children were the deceased’s only dependants and their claim was settled for a substantial lump sum.’

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12 King's Bench Walk, 13th February 2020

Source: www.12kbw.co.uk

Supreme Court spurns insurers’ appeal over injuries on private land – Law Society’s Gazette

‘The Supreme Court has confirmed that insurers can be liable for accidents on private land even where the driver is not covered – but the long-running issue may not be over yet.’

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Law Society's Gazette, 20th February 2020

Source: www.lawgazette.co.uk

7/7 survivor Thelma Stober to lead Grenfell memorial commission – The Guardian

Posted February 14th, 2020 in accidents, bereavement, fire, monuments, news, victims by sally

‘A survivor of the 7/7 terror attacks is to lead plans for a memorial commemorating the victims of the Grenfell Tower fire. Thelma Stober, a lawyer badly injured in the 2005 attack at Aldgate, will co-chair a commission to try to decide how to remember the 72 people killed by the fire at the west London tower block.’

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The Guardian, 14th February 2020

Source: www.theguardian.com

MoJ rules out any major changes to bereavement damages system – Law Society’s Gazette

Posted February 13th, 2020 in accidents, bereavement, damages, news, personal injuries by tracey

‘The government has confirmed it has no plans to look more widely at the system for awarding bereavement damages to relatives.’

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Law Society's Gazette, 13th February 2020

Source: www.lawgazette.co.uk

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

‘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.’

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Legal Futures, 10th February 2020

Source: www.legalfutures.co.uk

Grenfell Tower inquiry backs protection for refurbishment firms giving evidence – BBC News

‘The chairman of the Grenfell Tower inquiry has backed a request from firms that refurbished the building that evidence they give should not be used against them in criminal prosecutions.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

‘Scared of heights’ injury claimant filmed on Europe’s biggest waterslide – BBC News

‘A bodybuilder who claimed an accident left him scared of heights was exposed when a video emerged of him careering down Europe’s highest waterslide.’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

Cheshire PC jailed for relationship with ‘vulnerable’ woman – BBC News

‘A PC who started a relationship with a woman he arrested despite being warned not to by his bosses, has been jailed.’

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BBC News, 3rd February 2020

Source: www.bbc.co.uk

People who worked on Grenfell Tower ‘could face life sentences’ – The Guardian

‘People who worked on the Grenfell Tower refurbishment could face the threat of being jailed for life, their lawyers have said, with witnesses interviewed by police believing they could be charged with manslaughter.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

Grenfell Tower fire: Second phase of inquiry to begin – BBC News

‘The second phase of the Grenfell Tower fire inquiry is to begin later, days after one of its panellists resigned.’

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BBC News, 27th January 2020

Source: www.bbc.co.uk

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

Posted January 22nd, 2020 in accidents, appeals, courts, deceit, disclosure, fraud, 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

Business owners beware! Take reasonable steps or risk a personal injury claim – Becket Chambers

Posted January 21st, 2020 in accidents, news, personal injuries by sally

‘This article discusses a recent case whereby the court found that as the Defendant’s employee had failed to report an issue with a passenger lift, they had not acted reasonably. Therefore, the Defendant had been in breach of s2 of the Occupiers Liability Act 1957.’

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Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Scores of tower blocks with Grenfell-style cladding have no plan in place to remove it, figures show – The Independent

‘Two and a half years on from fatal Kensington blaze, more than 21,000 households still living in flats wrapped in flammable cladding that allowed fire to rapidly spread’

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The Independent, 16th January 2020

Source: www.independent.co.uk

Cadet death: Man jailed for killing rapper by dangerous driving – The Independent

Posted January 10th, 2020 in accidents, dangerous driving, drunk in charge, news, sentencing, unlawful killing by tracey

‘A van driver who admitted he felt “a little drunk” before getting behind the wheel and killing up-and-coming rapper Cadet in a head-on collision with a taxi has been jailed for almost five years.’

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The Independent. 9th January 2020

Source: www.independent.co.uk

Grenfell victims face eight-year wait for justice over inferno that killed 72 – Daily Telegraph

Posted January 6th, 2020 in accidents, bereavement, delay, emergency services, families, fire, inquiries, news, victims by sally

‘The families of Grenfell victims could be forced to wait at least eight years after the tragedy to discover if anybody will ever be charged over 72 deaths.’

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Daily Telegraph, 4th January 2020

Source: www.telegraph.co.uk

Tafida Raqeeb: Costs Judgment – Transparency Project

‘In 2019, we reported on the tragic case of Tafida Raqeeb. Raqeeb v Barts Health NHS Trust [2019] EWHC 2531 (Admin) and [2019] EWHC 2530 (Fam)). As a brief reminder, Tafida Raqeeb, now aged 5, experienced a catastrophic brain injury in February 2019. The treating hospital believed that it was in her best interests for treatment to be withdrawn. Tafida’s parents disagreed and wished for life-sustaining treatment to continue. They sought alternative options and wanted to take Tafida to Italy for treatment. The Hospital Trust applied to the family court for permission to withdraw treatment. Tafida’s parents also sought judicial review of the Trust’s decision, arguing that the refusal by the Trust to allow Tafida’s parents to transfer her to Italy was an infringement of her EU rights. Mr Justice MacDonald decided that the decision of the Trust was unlawful but declined to grant relief to Tafida. In the proceedings under the Children Act 1989, the application of the NHS Trust, for an order that treatment be withdrawn, was dismissed.’

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Transparency Project, 3rd January 2020

Source: www.transparencyproject.org.uk

Landmarks in law: the office Christmas party that ended in court – The Guardian

‘t’s Christmas party season, which for many workers means pulling on their festive jumpers and having a few glasses of warm prosecco with colleagues at the office bash. But the fun can sometimes leave bosses with more than just a headache the following day, when the behaviour of their employees lands them in court.’

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The Guardian, 19th December 2019

Source: www.theguardian.com

Connor Marsden jailed over Melissa Tate hit-and-run death – BBC News

‘An unlicensed driver who killed a 10-year-old girl in a hit-and-run has been jailed for seven years and four months.’

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BBC News, 12th December 2019

Source: www.bbc.co.uk

Man jailed for driving stolen car into police officers in Sussex – The Guardian

Posted December 13th, 2019 in accidents, aggravated vehicle taking, burglary, dangerous driving, news, sentencing by sally

‘A man who drove a stolen car into two police officers and a member of the public, causing “catastrophic injuries”, has been jailed for four years and eight months.’

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The Guardian, 12th December 2019

Source: www.theguardian.com