Firm fined a further £200,000 over Wolverhampton storm death – BBC News

Posted January 16th, 2023 in accidents, bereavement, fines, health & safety, inquests, news by tracey

‘A company has been fined £200,000 after a woman was killed by a water tank cover falling from a shopping centre.’

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BBC News, 14th January 2023

Source: www.bbc.co.uk

A5 Milton Keynes: Flooded road crash victim’s partner agrees pay-out – BBC News

Posted January 13th, 2023 in accidents, bereavement, compensation, damages, families, inquests, news, road safety, roads by tracey

‘The partner of a woman who died in a crash after driving into standing water on a main road has agreed an £850,000 settlement with Highways England, a court heard.’

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BBC News, 12th January 2023

Source: www.bbc.co.uk

British Airways fined for Rhoose engineer’s brain injury – BBC News

‘The company that maintains British Airways’ planes has been fined £230,000 after an employee suffered a brain injury near Cardiff Airport.’

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BBC News, 12th January 2023

Source: www.bbc.co.uk

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Patient fault and contributory negligence in clinical negligence – Exchange Chambers

‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

High court rejects costs setoff in QOCS claim – Law Society’s Gazette

Posted December 16th, 2022 in accidents, compensation, costs, damages, news, part 36 offers, personal injuries by tracey

‘The High Court rejected a defendant’s bid to escape the full rigour of the qualified one-way costs shifting (QOCS) regime in a ruling handed down this week.’

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Law Society's Gazette, 15th December 2022

Source: www.lawgazette.co.uk

Moment Anne Sacoolas sentenced for Harry Dunn death – BBC News

‘Anne Sacoolas has been sentenced to eight months in prison, suspended for 12 months, for the death of motorcyclist Harry Dunn in 2019.’

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BBC News, 9th December 2022

Source: www.bbc.co.uk

What is diplomatic immunity and how does it apply to Harry Dunn death by careless driving case? – The Independent

‘Here, the PA news agency looks at how diplomatic immunity affected the 19-year-old’s case, and why Sacoolas was able to appear in court via video-link from her home country.’

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The Independent, 8th December 2022

Source: www.independent.co.uk

Coroner urges National Highway to improve smart motorway safety – The Independent

Posted November 4th, 2022 in accidents, coroners, news, road safety, roads by tracey

‘A senior coroner has urged National Highways to take action to improve smart motorway safety. Nicola Mundy wrote to the Government-owned company to express concern that 153 vehicles passed a stranded car before a fatal collision on one of the roads without a hard shoulder.’

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The Independent, 3rd November 2022

Source: www.independent.co.uk

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

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Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

Harry Dunn: US citizen pleads guilty to causing death of British teenager by careless driving – The Independent

Posted October 21st, 2022 in accidents, dangerous driving, diplomats, families, guilty pleas, homicide, immunity, news by tracey

‘A US citizen has admitted responsibility for the death of a British teenager in a crash near a US military base. Anne Sacoolas, 45, pleaded guilty to causing the 19-year-old motorcyclist Harry Dunn’s death by careless driving in August 2019.’

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The Independent, 20th October 2022

Source: www.independent.co.uk

Gleision mine disaster: Decision due on inquest after 11 years – BBC News

Posted October 21st, 2022 in accidents, bereavement, coroners, families, inquests, miners, news by tracey

‘Eleven years after a mine disaster killed four men, a decision is finally expected on whether an inquest will take place into their deaths. A coroner will hear arguments on Friday from barristers.’

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BBC News, 21st October 2022

Source: www.bbc.co.uk

GWR train driven too fast after 123mph Oxfordshire trolley crash – BBC News

Posted October 14th, 2022 in accidents, news, railways, transport by tracey

‘A train that smashed into an abandoned work trolley at 123mph should not have travelled so fast to a station afterwards, investigators have said.’

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BBC News, 14th October 2022

Source: www.bbc.co.uk

MoJ rejects call for early review of whiplash tariff – Legal Futures

‘The Ministry of Justice (MoJ) has rejected a call for an early review of the tariff for the Official Injury Claim portal, although personal injury solicitors are continuing to lobby for it.’

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Legal Futures, 29th September 2022

Source: www.legalfutures.co.uk

Smart motorways: Lack of hard shoulder contributed to death – coroner – BBC News

Posted September 12th, 2022 in accidents, coroners, inquests, news, road safety, roads by tracey

‘The lack of a hard shoulder on a stretch of smart motorway in South Yorkshire contributed to the death of a grandmother, a coroner has ruled.’

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BBC News, 10th September 2022

Source: www.bbc.co.uk

Sgt Gavin Hillier shot dead by soldier with ‘poor eyesight’ – BBC News

Posted August 30th, 2022 in accidents, armed forces, firearms, news, reports by tracey

‘An army sergeant was shot and killed when he was mistaken for a target by a soldier with “poor eyesight”, an inquiry has found.’

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BBC News, 29th August 2022

Source: www.bbc.co.uk

Employer’s Liability after the Enterprise and Regulatory Reform Act 2013: The Latest – Ropewalk Chambers

Posted August 16th, 2022 in accidents, employment, health & safety, news, statutory duty by sally

‘The passing of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) was anticipated to have a profound impact on the way in which employer’s liability claims were litigated. The effect of section 69 was to remove civil liability for breaches of the variety of health and safety regulations which imposed strict liability on employers to employees injured in accidents at work.’

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Ropewalk Chambers, 28th July 2022

Source: www.ropewalk.co.uk

Archie Battersbee’s life support ‘ending at 11am’ after Supreme Court appeal fails – The Independent

‘The mother of 12-year-old Archie Battersbee said that his life support will be withdrawn at 11am on Wednesday after the family lost a Supreme Court bid to continue his treatment.’

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The Independent, 2nd August 2022

Source: www.independent.co.uk

Archie Battersbee’s parents fail in life support bid at supreme court – The Guardian

‘The parents of 12-year-old Archie Battersbee, who was left in a comatose state after suffering brain damage, have failed to persuade the supreme court to intervene in a life support treatment battle.’

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The Guardian, 28th July 2022

Source: www.theguardian.com

E-scooters: legalise but regulate, says consumer body – Law Society’s Gazette

‘Victims of accidents involving illegally ridden e-scooters face an unnecessarily arduous battle for compensation, according to a report calling for legalisation and regulation for the battery-powered vehicles.’

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Law Society's Gazette, 25th July 2022

Source: www.lawgazette.co.uk