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

Case of conflicting CPR provisions “highlight concerns over fixed costs extension” – Litigation Futures

‘A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.’

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Litigation Futures, 23rd February 2017

Source: www.litigationfutures.com

New UK laws address driverless cars insurance and liability – OUT-LAW.com

Posted February 24th, 2017 in bills, damages, insurance, news, personal injuries, road traffic by sally

‘Insurers would be primarily responsible for paying out damages stemming from accidents caused by ‘automated vehicles’ under new UK legislation laid before the UK parliament’

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OUT-LAW.com, 23rd February 2017

Source: www.out-law.com

Regulators should recognise that drivers cannot be expected to stay in-the-loop in highly autonomous vehicles – Technology Law Update

Posted February 23rd, 2017 in computer programs, consultations, insurance, news, road safety, road traffic by sally

‘The UK Government’s response to last year’s consultation on driverless cars concluded that the current approach of rolling regulatory reform was the right one, giving the flexibility to adapt to technological change and enabling innovation in a step-by-step way. The focus should be on technologies that are near to market, working to facilitate their safe introduction to UK roads.’

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Technology Law Update, 22nd February 2017

Source: www.technology-law-blog.co.uk

Bath tipper truck crash: haulage company owner and mechanic jailed – The Guardian

Posted January 30th, 2017 in health & safety, homicide, news, road traffic, sentencing by sally

‘The owner of a haulage company and a mechanic have been jailed after a 32-tonne truck with faulty brakes killed four people, including a four-year-old girl, when it careered down a steep hill in Bath.’

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The Guardian, 27th January 2017

Source: www.guardian.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

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

A technology top ten for 2017 – Technology Law Update

‘What should we expect in the technology space in 2017?

We take a look at current trends and focus on some of the legal opportunities and pitfalls that they present.’

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Technology Law Update, 6th January 2017

Source: www.technology-law-blog.co.uk