“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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Application for Permission to Bring Contempt Proceedings: A Useful Illustration (Aviva IInsurance Ltd V Randive) – Zenith PI Blog

Posted December 19th, 2016 in contempt of court, costs, damages, news, personal injuries, road traffic by sally

‘In Aviva Insurance Ltd v Randive [2016] EWHC 3152 (QB). Slade J dealt with the Applicant’s application for permission to bring contempt proceedings against the Respondent. No new points of principle arise, but Slade J’s recitation of the existing principles and treatment of the issues in the case is a useful indication of how common RTA issues are treated in contempt proceedings.’

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Zenith PI Blog, 15th December 2016

Source: www.zenithpi.wordpress.com

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ASA bans ad to remove pollution filters from diesel cars – The Guardian

Posted December 14th, 2016 in advertising, environmental protection, news, pollution, road traffic by sally

‘The rogue practice of removing vital pollution filters from the exhausts of diesel vehicles has suffered a blow with the Advertising Standards Agency for the first time banning an advert for the service.’

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The Guardian, 14th December 2016

Source: www.guardian.co.uk

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An intervention success story: Powell v Palani – Zenith PI

Posted November 24th, 2016 in consumer credit, costs, news, road traffic by tracey

‘It was only a matter of weeks ago that I encouraged readers to look to 2017 for any future changes to the credit hire landscape. Nevertheless, it appears I was too hasty. The case of William Powell v Babu Palani was heard on 5th September 2016 at Birmingham County Court before His Honour Judge McKenna.’

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Zenith PI, 22nd November 2016

Source: www.zenithpi.wordpress.com

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Claimants with minor injuries “don’t need lawyers”, says government – Legal Futures

‘Low-value road traffic accident claims “are not so complex that claimants routinely require legal representation to pursue them”, the government has argued – and suggested that claims management companies and paid McKenzie Friends could help instead.’

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Legal Futures, 17th November 2016

Source: www.legalfutures.co.uk

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Just one person fined in UK for smoking with under-18 in car – The Guardian

Posted November 14th, 2016 in children, fines, news, road traffic, smoking by tracey

‘Only one person has been fined for smoking in a car when children are present in the first 12 months since the ban was introduced, according to an investigation.’

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The Guardian, 13th November 2016

Source: www.guardian.co.uk

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London woman dies in possibly the first drone-related accidental death – The Independent

Posted August 10th, 2016 in accidents, aircraft, armed forces, news, police, prisons, road traffic, terrorism by tracey

‘A young woman died in a car crash Tuesday after her vehicle was followed by police investigating reports of a drone being flown near Wandsworth Prison in London. The incident may be the first fatality linked to the non-military use of drones.’

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The Independent, 9th August 2016

Source: www.independent.co.uk

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Claimant wins credit hire argument over ‘super car’ – Litigation Futures

Posted August 5th, 2016 in accidents, insurance, news, road traffic by tracey

‘A claimant who drove a top-of-the-range Mercedes while his McLaren supercar was being repaired has recovered the cost of the credit hire, despite owning other high-spec vehicles, including two Aston Martins.’

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Litigation Futures, 4th August 2016

Source: www.litigationfutures.co.uk

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Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts – Cloisters

‘William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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