Britons should stop getting so drunk during hen and stag parties, judge says – Daily Telegraph

Posted August 16th, 2017 in alcohol abuse, coroners, inquests, news, road traffic by sally

‘Britons should stop getting so drunk during hen and stag parties, a judge said yesterday during an inquest into the death of a reveller killed during a bachelor party in Budapest.’

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Daily Telegraph, 15th August 2017

Source: www.telegraph.co.uk

UK government publishes cyber security guidance for driverless cars – OUT-LAW.COM

Posted August 8th, 2017 in bills, computer crime, data protection, news, road traffic by sally

‘The UK government has issued new guidelines aimed at improving cyber protection for smart and driverless vehicles, ahead of planned legislation for the emerging industry.’

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OUT-LAW.com, 7th August 2017

Source: www.out-law.com

Major boost for claimants with Court of Appeal QOCS ruling – Litigation Futures

‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’

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Litigation Futures, 10th July 2017

Source: www.litigationfutures.com

Claimant entitled to shifted costs against compensatory body – Law Society’s Gazette

Posted July 7th, 2017 in compensation, costs, insurance, news, personal injuries, road traffic by tracey

‘A claimant severely injured in a crash with an unknown motorist is entitled to costs protection against a compensatory body, the Court of Appeal has ruled.’

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Law Society's Gazette, 7th July 2017

Source: www.lawgazette.co.uk

Janine Wolstenholme Reviews a Recent Case on Relief from Sanctions – Park Square Barristers

‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’

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Park Square Barristers, 27th June 2017

Source: www.parksquarebarristers.co.uk

Defendant Secures non-party Costs order against Credit Hire Organisation – Park Square Barristers

‘In this Judgment handed down last week, the Court considered the potential for credit hire companies, who were not parties to the litigation, to be the subject of costs orders. The Appellant car hire company was the subject of such a non-party costs order at first instance and appealed to the High Court. The decision is one which anyone involved in credit hire should be aware of.

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Park Square Barristers, 29th June 2017

Source: www.parksquarebarristers.co.uk

Is an RTA Insurer Liable for an Unidentified Defendant? – Park Square Barristers

‘The Court of Appeal has held in Cameron v Hussain and Liverpool Victoria [2017] EWCA Civ 366 that a Claimant can obtain a judgment against a Defendant identified only by description of him as the driver of a vehicle on a particular date. Whilst in almost every other area of law such judgment would be worthless as unenforceable, the Road Traffic Act 1988 provisions impose a contingent liability against the insurer of the vehicle to satisfy such a judgment. At first blush this seems to dismantle the careful limitations placed on the European Communities (Rights Against Insurers) Regulations 2002 to effectively enable a Claimant to pursue the insurer of a vehicle despite the fact that the driver of the same is unknown. This article, drafted by Park Square Barristers’ insurance indemnity specialists, Richard Paige and Judy Dawson, looks at the Court of Appeal judgment and the implications for the insurance industry.’

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Park Square Barristers, 19th June 2017

Source: www.parksquarebarristers.co.uk

Lorries illegally polluting the atmosphere with emission ‘cheats’ face crackdown – Daily Telegraph

Posted June 26th, 2017 in environmental protection, news, pollution, road traffic, transport by sally

‘Lorries that are illegally polluting the atmosphere via emission “cheats” face a crackdown, with random checks beginning in August.’

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Daily Telegraph, 25th June 2017

Source: www.telegraph.co.uk

Whip-lash away? – Counsel

Posted June 9th, 2017 in barristers, bills, costs, damages, judges, news, personal injuries, road traffic by sally

‘As the general election pauses the planned whiplash reforms, Robert Weir QC examines the winners and losers, implications for personal injury litigation and disproportionate impact on the junior Bar.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

S v Director of Public Prosecutions – WLR Daily

S v Director of Public Prosecutions [2017] EWHC 1162 (Admin)

‘The defendant was charged with an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988 and tried before justices in the Youth Court. The justices dismissed a submission by the defendant that there was no case to answer and, having heard evidence from the defendant and considered the burden and standard of proof, the justices convicted him. A contemporaneuos note of the justices’ reasons read, inter alia: “We listened to the [defendant’s] evidence which did not persuade us that there was no intention to tamper with the [motor vehicle]. We are therefore sure you are guilty.”’

WLR Daily, 18th May 2017

Source: www.iclr.co.uk

UK government sued for third time over illegal air pollution from diesels – The Guardian

‘Environmental lawyers are taking the government to the high court for a third time in a bid to remove “major flaws” from minister’s plans to tackle the UK’s illegal levels of air pollution.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

200 drivers a day caught using phones on UK roads after crackdown – The Guardian

Posted May 30th, 2017 in news, road traffic, statistics, telecommunications by sally

‘More than 200 drivers a day were caught using their mobile phones illegally in the wake of a crackdown on the practice.’

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The Guardian, 29th May 2017

Source: www.theguardian.com

Court of Appeal backs claimant solicitors in “£400 club” case – Litigation Futures

‘Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.’

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Litigation Futures, 16th May 2017

Source: www.litigationfutures.com

Police and courts fail cyclists over road safety, says cross-party inquiry – The Guardian

‘Policing and the justice system are too often failing cyclists, making the roads too dangerous for people to ride on them, and then not properly prosecuting or banning motorists who commit offences, a cross-party group of MPs and peers has warned.’

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The Guardian, 2nd May 2017

Source: www.guardian.co.uk

Council defeats High Court challenge to masterplan and planning permissions – Local Government Lawyer

Posted April 5th, 2017 in judges, judicial review, local government, news, planning, road traffic by sally

‘A Planning Court judge has dismissed three judicial review challenges to Newcastle City Council’s adoption of a masterplan for a major development and two subsequent grants of planning permission.’

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Local Government Lawyer, 3rd April 2017

Source: www.localgovernmentlawyer.co.uk

“We’ve gone for moderate options to reform PI,” says justice minister – Legal Futures

Posted March 21st, 2017 in bills, compensation, damages, news, personal injuries, road traffic, small claims by tracey

‘The increase in whiplash claims at a time of falling road traffic accidents and improving car safety means that “cases are obviously exaggerated to some extent, and perhaps fraudulent”, justice minister Sir Oliver Heald said yesterday as he defended the government’s “moderate” personal injury reform proposals during the second reading of the Prisons and Courts Bill.’

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Legal Futures, 21st March 2017

Source: www.legalfutures.co.uk

MPs launch inquiry into government’s personal injury reforms – Legal Futures

‘MPs on the justice select committee have launched a “short” inquiry into the personal injury reforms contained in the Prisons and Courts Bill. The announcement comes ahead of the bill’s second reading – during which the principles behind it will be debated – on Monday.’

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Legal Futures, 17th march 2017

Source: www.legalfutures.com

CREDIT HIRE IN THE COURT OF APPEAL AGAIN – MCBRIDE –v- UK INSURANCE LIMITED; CLAYTON –v- EUI LIMITED [2017] EWCA Civ 144 – Zenith PI Blog

Posted March 17th, 2017 in insurance, news, road traffic by tracey

‘As Flax LJ neatly states at the beginning of his leading unanimous Judgment, “These two appeals are the latest round in the long-running battle between the motor insurance market and the credit hire companies”. Both appeals concerned the question of the correct approach to the assessment of damages in respect of a pecunious claimant.’

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Zenith PI Blog, 16th March 2017

Source: www.zenithpi.wordpress.com

City fails in High Court challenge over adjudicator rulings on bus lane signs – Local Government Lawyer

Posted March 10th, 2017 in judicial review, local government, news, road traffic, roads, transport by sally

‘Nottingham City Council has failed in a High Court challenge to the Bus Lane Adjudicator’s decision that the local authority’s road signs for a pedestrian zone failed to provide adequate information to road users of a bus lane.’

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Local Government Lawyer, 10th March 2017

Source: www.localgovernmentlawyer.co.uk

Judge convicts Leeds ‘cash for crash’ killers – BBC News

Posted March 1st, 2017 in conspiracy, fraud, homicide, insurance, juries, news, road traffic by sally

‘Three men involved in a “cash for crash” scam which killed an 88-year-old woman in Leeds have been convicted.’

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BBC News, 27th February 2017

Source: www.bbc.co.uk