The Law of the Road – BBC Unreliable Evidence

Posted June 3rd, 2015 in accidents, news, road safety, road traffic offences by sally

‘Clive Anderson and a panel of legal experts discuss how changes to our traffic laws could reduce the numbers of motorists, cyclists and pedestrians killed or injured on the road?’

Listen

BBC Unreliable Evidence, 27th May 2015

Source: www.bbc.co.uk

Drivers to be prosecuted for taking photos of lorry crash on mobile phones – The Independent

‘More than a dozen drivers will be prosecuted for taking photos of a lorry crash in Cambridgeshire, say police.’
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The Independent, 29th May 2015

Source: www.independent.co.uk

Tiger Moth biplane death crash pilot Scott Hoyle not guilty – BBC News

Posted May 13th, 2015 in accidents, aircraft, homicide, news by tracey

‘A biplane pilot has been found not guilty of causing a crash that killed his passenger.’

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BBC News, 12th May 2015

Source: www.bbc.co.uk

Paralysed marine sues MoD for £8m over beach dive accident – BBC News

Posted May 13th, 2015 in accidents, armed forces, news, personal injuries by tracey

‘A marine left paralysed after diving into shallow waters in the Canary Islands is suing the military for £8m. Spencer Vaughan, 27, from Cwmbran in south Wales, broke his neck in the Gran Canaria incident while on an adventure training exercise in July 2009.’

Full story

BBC News, 12th May 2015

Source: www.bbc.co.uk

McCracken (a protected party by his litigation friend) v Smith (Damian) and others – WLR Daily

McCracken (a protected party by his litigation friend) v Smith (Damian) and others [2015] EWCA Civ 380; [2015] WLR (D) 183

‘Where a claimant’s injury had two separate causes, one of which was his own criminal conduct in a joint enterprise with another, amounting to turpitude for the purposes of the defence of ex turpi causa, and one of which was a third party’s negligence, the relationship between the claimant’s turpitude and his negligence claim against the third party was not such as to debar his claim against the defendant in reliance on the principle of ex turpi causa. The correct approach of the court in such cases was to give effect to both causes of the injury by allowing the claimant to claim in negligence against the third party but, if negligence was established, by reducing any recoverable damages in accordance with the principles of contributory negligence so as to reflect the claimant’s own fault and responsibility for the injury.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Leapfrog granted: The death knell for Cookson v Knowles? – Cloisters

‘It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556. This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial.’

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Cloisters, 24th April 2015

Source: www.cloisters.com

Coroner calls for law to ensure swimming pools are fenced off after young boy’s death – Daily Telegraph

Posted April 16th, 2015 in accidents, children, health & safety, news by sally

‘Assistant coroner for Wiltshire and Swindon to ask government for similar fencing laws to Australia where families must install child-resistant barriers around pools.’

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Daily Telegraph, 15th April 2015

Source: www.telegraph.co.uk

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

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

Swansea death crash drugs driver Owen Clements jailed – BBC News

Posted March 4th, 2015 in accidents, dangerous driving, drug abuse, news, sentencing by sally

‘A driver who took cocaine and cannabis before crashing his car into a tree and killing two of his friends has been jailed for four years.’

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BBC News, 3rd March 2015

Source: www.bbc.co.uk

EU law targets foreign rogue drivers to curb offences – BBC News

Posted February 11th, 2015 in accidents, EC law, foreign jurisdictions, news, road traffic offences by sally

‘Drivers who commit traffic offences in another EU country will be pursued for fines at home, under a new EU draft law expected to be passed on Wednesday.’

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BBC News, 10th February 2015

Source: www.bbc.co.uk

No Duty of Care Owed to Extremely Reckless Friend Using Dangerous Machinery: Ford v Silverstone (2015) (QBD) – Zenith PI Blog

Posted February 6th, 2015 in accidents, duty of care, news, personal injuries, volunteers by sally

‘A Defendant did not owe a duty of care to a Claimant who, while helping him clear the grounds of the property, had of his own accord, attempted to unblock a wood chipper while the engine was on and lost three of his fingers.’

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Zenith PI Blog, 5th February 2015

Source: www.zenith.wordpress.com

Relatives of road death victims get ‘poor’ service from prosecutors – Daily Telegraph

Posted February 4th, 2015 in accidents, dangerous driving, news, road traffic, road traffic offences, victims by sally

‘Report calls for wide range of improvements to the way the Crown Prosecution Service handles the prosecution of offenders who cause death on the roads.’

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Daily Telegraph, 4th February 2015

Source: www.telegraph.co.uk

Motorist sentenced to 14 months after driving wrong way around M25 – The Guardian

Posted February 4th, 2015 in accidents, dangerous driving, news, road traffic offences, sentencing by sally

‘A motorist drove the wrong way for nine miles down major roads including Britain’s busiest motorway.’

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The Guardian, 3rd February 2015

Source: www.guardian.co.uk

Jasmyn Chan death: Man jailed for Sheffield hit-and-run – BBC News

‘A man has been jailed for seven-and-a-half years for killing a teenage girl in a hit-and-run crash. Jasmyn Chan, 14, died when she was hit by a car on Normanton Hill, Sheffield, on 9 May while crossing the road.’

Full story

BBC News, 27th January 2015

Source: www.bbc.co.uk

Street butcher fined after boy loses hand in mincing machine – BBC News

Posted January 22nd, 2015 in accidents, costs, fines, guilty pleas, health & safety, news, young persons by sally

‘A butcher has been fined £3,000 after a teenage apprentice’s hand was chopped off in a mincing machine.’

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BBC News, 21st January 2015

Source: www.bbc.co.uk

Rejection of visit visa to attend funeral: analysis – Free Movement

‘In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family is devastated, obviously. The issue was raised at Prime Minister’s Questions by the local MP and a review was promised. The Immigration Minister, James Broken-shire, has very swiftly conducted the review and the refusal has been maintained. He says his decision has been taken “on the full facts of the case”.’

Full story

Free Movement, 20th January 2015

Source: www.freemovement.org.uk

Accidents abroad: The need for evidence of local standards – Zenith PI Blog

‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’

Full story

Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

Chessington fined £150k after girl injured in fall – BBC News

Posted January 13th, 2015 in accidents, costs, health & safety, news by sally

‘Chessington World of Adventures has been fined £150,000 for safety breaches after a four-year-old girl suffered head injuries in a 14ft (4.2m) fall.’

Full story

BBC News, 12th January 2015

Source: www.bbc.co.uk

Pyranha Mouldings oven death: Health and safety charges dropped – BBC News

Posted December 16th, 2014 in accidents, corporate manslaughter, health & safety, news by tracey

‘Two men who faced health and safety charges over the death of a factory worker in an industrial oven have had the case against them dropped.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk