Mental health trust pays damages over man’s death in tower block fire – The Guardian

Posted September 21st, 2017 in accidents, fire, housing, mental health, news, social services by sally

‘A mental health trust has paid out damages over the case of a man with bipolar disorder and a history of lighting fires who was trapped in a blaze at his cluttered tower block flat.’

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The Guardian, 20th September 2017

Source: www.theguardian.com

Fatal accident damages: a recent case: life expectancy; damages for loss of services & loss of care & attention – Zenith PI

Posted September 11th, 2017 in accidents, compensation, damages, expert witnesses, health, judges, news, personal injuries, widows by tracey

‘In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.’

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Zenith PI, 10th September 2017

Source: zenithpi.wordpress.com

Neglect contributed to Liverpool prisoner’s suicide, jury finds – The Guardian

Posted July 17th, 2017 in accidents, death in custody, inquests, mental health, news, prisons, suicide by tracey

‘An inquest jury has found that neglect contributed to the death of a prisoner who killed himself at Liverpool prison last year.’

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The Guardian, 16th July 2017

Source: www.theguardian.com

Claimant firm castigated for “procedural chaos” that saw case struck out – Litigation Futures

‘A claimant law firm that allowed a straightforward and relatively low-value road traffic accident claim to descend into “procedural chaos” has seen it struck out by the High Court.’

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Litigation Futures, 13th June 2017

Source: www.litigationfutures.com

Council ordered to pay £45k in fines and costs after apprentice injured – Local Government Lawyer

‘A city council has been ordered to pay £45,000 in fines and costs after an apprentice suffered serious hand injuries.’

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Local Government Lawyer, 30th May 2017

Source: www.localgovernmentlawyer.co.uk

‘Measures needed’ after Gatwick Express train window death – BBC News

Posted May 26th, 2017 in accidents, health & safety, news, railways by tracey

‘Train companies should do more to stop passengers leaning out of train windows following the death of a man in south London, investigators have said.’

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BBC News, 25th May 2017

Source: www.bbc.co.uk

Co-op fined for wet floor slip death in Truro shop – BBC News

Posted May 22nd, 2017 in accidents, costs, fines, health & safety, news by tracey

‘The Co-op has been fined £400,000 over the death of a man who slipped on water leaking from a faulty sandwich chiller.’

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BBC News, 22nd May 2017

Source: www.bbc.co.uk

School compensation payouts include blindfold mishap and whiteboard accident – BBC News

Posted April 7th, 2017 in accidents, child abuse, compensation, news, personal injuries, school children by tracey

‘Pupil mishaps including a blindfolded child running into a goalpost and pupil hit by a cricket ball have cost schools £7m in three years, it has emerged. Figures obtained by the BBC reveal an apparent doubling in school payouts from £1.65m in 2014 to £3.45m in 2016.’

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BBC News, 7th April 2017

Source: www.bbc.co.uk

Pilot errors led to Shoreham air crash, says AAIB – BBC News

Posted March 3rd, 2017 in accidents, aircraft, news, reports by tracey

‘Pilot errors and ineffective measures to protect the public led to the deaths of 11 men when a vintage jet crashed on to a dual carriageway during the Shoreham air show, investigators say.’

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BBC News, 3rd march 2017

Source: www.bbc.co.uk

Government presses ahead with whiplash reforms – but gives ground on other PI claims – Legal Futures

‘The small claims limit will rise to £5,000 for whiplash cases, but only £2,000 for other personal injury (PI) claims, the Ministry of Justice (MoJ) announced today in a bid “to crack down on the compensation culture epidemic” – less than seven weeks after its consultation closed.’

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Legal Futures, 23rd February 2017

Source: www.legalfutures.co.uk

Roadside Trees – Local Government Law

Posted February 22nd, 2017 in accidents, local government, negligence, news, trees by sally

‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’

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Local Government Law, 21st February 2017

Source: www.11kbw.com/blogs/local-government-law

Accident victims “forced into rehab by greedy lawyers” – Litigation Futures

‘There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

New MIB Untraced and Uninsured Drivers Agreements – Zenith PI Blog

‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:

MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.

Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’

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Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

Insurance surgery: liability & multi-party accidents abroad – New Law Journal

Posted February 17th, 2017 in accidents, conflict of laws, EC law, insurance, news, personal injuries by sally

‘The Court of Appeal has provided welcome clarity on determining which laws should apply in cross-border cases, says Kelvin Farmaner.’

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New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

New Untraced Drivers Agreement in force after 1st March 2017 – Park Square Barristers

‘If an injured person cannot identify the fault driver of another vehicle, this is the agreement which governs their rights to compensation. In many instances, this is because the accident was a classic “hit and run”; indeed the MIB have stated that 12% of accidents in which the accident was reported to the police and a person was injured were such “hit and run accidents”. (That statistic is not as significant as it would seem at first blush; the majority of relatively minor road traffic accidents are not reported to police; the reason that such accidents are reported is that the other vehicle has made off without stopping so to a certain extent it is a self-selecting criteria). No details of the fault vehicle or the driver tend to have been obtained or recorded so an injured person’s only option would be the Untraced Driver’s Agreement.’

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Park Square Barristers, 8th February 2017

Source: www.parksquarebarristers.co.uk

Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette

‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’

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Law Society’s Gazette, 14th February 2017

Source: www.lawgazette.co.uk

Society challenges government’s ‘concern’ for road accident victims – Law Society’s Gazette

‘Plans to increase the small claims limit will create difficulties for road accident victims, the Law Society has warned, as the government begins considering more than 9,000 responses to its proposals for tougher punishment for dangerous drivers.’

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Law Society’s Gazette, 3rd February 2017

Source: www.lawgazette.co.uk

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

Wilko fined £2.2m over worker crushed by metal cage – BBC News

Posted January 12th, 2017 in accidents, fines, health & safety, news by tracey

‘National chain store Wilko has been fined £2.2m after a worker was crushed and left paralysed.’

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BBC News, 11th January 2017

Source: www.bbc.co.uk

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