Trust fined for failures in care of dementia patient who died after absconding – The Independent

Posted March 21st, 2023 in accidents, elderly, fines, hospitals, mental health, news by tracey

‘An NHS trust has been fined for a “catalogue of failures” which saw a dementia patient abscond from a hospital three times and die after hitting his head on concrete.’

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The Independent, 20th March 2023

Source: www.independent.co.uk

Pedestrian jailed for manslaughter after causing cyclist to fall in front of car – The Guardian

Posted March 3rd, 2023 in accidents, bicycles, homicide, imprisonment, news, sentencing by sally

‘A pedestrian who shouted and waved her arm aggressively at a cyclist on the pavement, causing her to fall into the path of an oncoming car, has been jailed for three years for manslaughter.’

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The Guardian, 2nd March 2023

Source: www.theguardian.com

Rugby player paralysed after ‘reckless’ tackle wins case against opposing player – The Guardian

Posted February 24th, 2023 in accidents, news, personal injuries, sport by sally

‘A rugby player who was paralysed from the waist down after a “reckless” tackle has won her high court claim against the opposing player who made the “red mist” challenge.’

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The Guardian, 23rd February 2023

Source: www.theguardian.com

Emily Lewis: Speedboat skipper cleared of teenager’s manslaughter – BBC News

Posted February 15th, 2023 in accidents, health & safety, homicide, negligence, news by sally

‘A “thrill ride” speedboat skipper who careered into a metal buoy leaving a teenage passenger with fatal injuries has been cleared of manslaughter.’

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BBC News, 14th February 2023

Source: www.bbc.co.uk

Archie Battersbee’s death was an accident, coroner concludes – The Guardian

Posted February 9th, 2023 in accidents, children, inquests, mental health, news, self-harm by sally

‘Archie Battersbee, whose parents fought a lengthy battle to prevent his life support being switched off, died as a result of a prank or experiment gone wrong, a coroner has concluded.’

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The Guardian, 8th February 2023

Source: www.theguardian.com

Shoreham air crash: Pilot seeks judicial review of inquest verdict – BBC news

Posted February 6th, 2023 in accidents, aircraft, inquests, judicial review, negligence, news, unlawful killing by tracey

‘The pilot whose plane crashed at the Shoreham Airshow in 2015, killing 11 men, has asked for permission to judicially review the inquest into their deaths.’

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BBC News, 6th February 2023

Source: www.bbc.co.uk

Caerphilly man, 96, warned about sight jailed for killing pedestrian – BBC News

‘A 96-year-old driver who killed an 84-year-old pedestrian after being warned he should not drive by an optician has been jailed for more than two years.’

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BBC News, 28th January 2023

Source: www.bbc.co.uk

Gove admits ‘faulty’ guidance partly to blame for Grenfell fire – The Guardian

‘Michael Gove has admitted that “faulty and ambiguous” government guidance was partly responsible for the Grenfell Tower tragedy. The UK housing secretary said lax regulation allowed cladding firms to “put people in danger in order to make a profit”.’

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The Guardian, 29th January 2023

Source: www.theguardian.com

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