‘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.’
The Guardian, 13th November 2016
Source: www.guardian.co.uk
‘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.’
The Independent, 9th August 2016
Source: www.independent.co.uk
‘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.’
Litigation Futures, 4th August 2016
Source: www.litigationfutures.co.uk
‘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.’
Cloisters, 25th July 2016
Source: www.cloisters.com
‘There is a common trend in County Courts up and down the country for witnesses to be excluded from the courtroom during the evidence of another witness and/or a party when there are allegations of fraud or collusion, commonly in relation to a road traffic accident. The pragmatic rationale for such an approach is quite clear- if witness X hears what the Claimant says in cross examination, X may tailor his or her evidence to be consistent with that of the Claimant in a bid to bolster the case.’
Zenith PI Blog, 22nd July 2016
Source: www.zenithpi.wordpress.com
‘Government proposals for driverless cars could create a worrying principle in the law of negligence, a high-profile motoring solicitor has warned.’
Law Society’s Gazette, 16th July 2016
Source: www.lawgazette.co.uk
‘Two people say they owned motorbikes which they kept outside their house – until, it is said, the bikes were mown down by the defendant’s car, a collision which their witness claimed to have seen. The car’s insurers said that the claim was fraudulent and it was all a conspiracy. The judge agreed it was a fraud, whereas the Court of Appeal disagreed – but still disallowed the claim because, the CA said, the owners had not proved their case.’
UK Human Rights Blog, 17th July 2016
Source: www.ukhumanrightsblog.com
‘A consideration of the Court of Appeal’s recent decision in Scott v Gavigan [2016] EWCA Civ 544 before Elias LJ, Clarke LJ and Simon LJ.’
Zenith PI Blog, 22nd June 2016
Source: www.zenithpiwordpress.com
Staffordshire County Council v K and others [2016] EWCOP 27
‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’
WLR Daily, 25th May 2016
Source: www.iclr.co.uk
‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’
Zenith PI Blog, 27th April 2016
Source: www.zenithpi.wordpress.com
‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.
Litigation Futures, 26th April 2016
Source: www.litigationfutures.com
‘A district judge was wrong to move a dispute over hire car costs from stage 3 of the RTA protocol to the small claims court, the Court of Appeal has ruled.’
Litigation Futures, 22nd April 2016
Source: www.litigationfutures.com
‘Rules governing police stop and search in England and Wales are to be extended to vehicle stops made under the Road Traffic Act, the Home Office says.’
BBC News, 26th March 2016
Source: www.bbc.co.uk
‘Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal.’
Zenith PI, 7th March 2016
Source: www.zenithpi.wordpress.com
‘Judy Dawson discusses how a combination of a quick witted insurer claims handler, a tenacious solicitor, and the expertise of the Park Square Barristers Civil Fraud Team led to a successful result against a fraudulent Claimant.’
Park Square Barristers, 2nd February 2016
Source: www.parksquarebarristers.co.uk
‘A claimant who receives less at stage 3 of the RTA protocol than was offered at stage 2 has to reimburse the difference, a circuit judge has ruled.’
Litigation Futures, 21st January 2016
Source: www.litigationfutures.com
‘The Law Commission has recommended a new test of incapacity after the Greville Janner case. We must be cautious about punishing those no longer in control of their actions.’
The Guardian, 19th January 2016
Source: www.guardian.co.uk
‘Five people have been found guilty over the biggest car insurance fraud investigation in the UK. They were convicted of making six insurance claims worth £144,000 between 2009 and 2011. Two were found not guilty.’
BBC News, 17th December 2015
Source: www.bbc.co.uk
‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’
Litigation Futures, 11th December 2015
Source: www.litigationfutures.com
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