Category: road traffic

Coles and others v Hetherton and others – WLR Daily

Posted January 8th, 2014 in damages, economic loss, insurance, law reports, negligence, repairs, road traffic by sally

Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508

‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Car insurance too high, says Competition Commission – The Guardian

Posted December 17th, 2013 in competition, consumer protection, insurance, news, road traffic by sally

‘Car insurance premiums are too high and should be reduced through far-reaching reforms, the competition watchdog has said.’

Full story

The Guardian, 17th December 2013

Source: www.guardian.co.uk

Cost-cutting council ‘contributed to death of student’ by switching off street lights – Daily Telegraph

Posted November 25th, 2013 in budgets, inquests, local government, news, road traffic by tracey

‘A coroner has said a council switching off street lights as a cost-cutting measure contributed to the death of a student. The verdict came following an inquest into the death of 18-year-old Warwick University student Archie Wellbelove, who died after he was hit by a taxi on the A452 near Leamington in the early hours of December 7 2012.’

Full story

Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

High Court sends clear message to judges on granting relief from sanctions – Litigation Futures

Posted November 25th, 2013 in negligence, news, personal injuries, road traffic, striking out by tracey

‘A High Court judges has sent a strong message to county courts about dealing with applications for relief from sanctions in a case where “a wholesale and flagrant disregard” of directions occurred.’

Full story

Litigation Futures, 25th November 2013

Source: www.www.litigationfutures.com

‘Cash for crash’ fraud – sentencing in the criminal courts by Bronia Hartley – Zenith Chambers

Posted October 30th, 2013 in accidents, appeals, conspiracy, consultations, fraud, insurance, news, road traffic, sentencing by sally

“The Court of Appeal in the recent case of McKenzie [2013] EWCA Crim 1544 dismissed the Defendant’s appeal against the sentence of 15 months’ imprisonment imposed by the Crown Court following his conviction after trial for a fraud committed in the context of false insurance claims in the form of ‘cash for crash’ incidents.”

Full story

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Regina (Attfield) v Barnet London Borough Council – WLR Daily

Posted July 29th, 2013 in fees, judicial review, law reports, local government, news, parking, road traffic by sally

Regina (Attfield) v Barnet London Borough Council [2013] EWHC 2089 (Admin); [2013] WLR (D) 303

A local authority was not entitled to exercise its powers under section 45 of the Road Traffic Regulation Act 1984 for the purposes of raising surplus revenue to defray other road expenditure and reduce the need to raise income from other sources, such as fines, charges and council tax.

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk

Drug-driving proposals unveiled by government – BBC News

Posted July 10th, 2013 in dangerous driving, drug offences, news, road traffic by sally

“Plans to make it easier to prosecute people who drive under the influence of illegal drugs in England and Wales have been unveiled by the government.”

Full story

BBC News, 9th July 2013

Source: www.bbc.co.uk

Grey v Swansea City and County Council – WLR Daily

Posted July 2nd, 2013 in contracts, law reports, licensing, local government, road traffic by sally

Grey v Swansea City and County Council [2013] WLR (D) 260

“A public service vehicle could be ‘used on a road for carrying passengers for hire or reward’, within the terms of the Public Passenger Vehicles Act 1981, even if it were not actually in motion on the road, and so failure to display the operator’s disc, which section 18 of the Act required to be fixed to and exhibited on the vehicle, on such a stationary vehicle could constitute a breach of statutory duty.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Cusack v Harrow London Borough Council – WLR Daily

Posted June 26th, 2013 in human rights, law reports, local government, parking, proportionality, road traffic by sally

Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250

“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

A1P1 and property rights in the Supreme Court again – UK Human Rights Blog

Posted June 26th, 2013 in compensation, human rights, local government, news, parking, road traffic, Supreme Court by sally

“This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and reached for Article 1 of Protocol 1 (A1P1) of ECHR, by way of a second string to his bow. Not his choice, as he had won in the Court of Appeal on other grounds. But his failure on the point reminds us that in the majority of cases A1P1 is a difficult argument to bring home.”

Full story

UK Human Rights Blog, 25th June 2013

Source: www.ukhumanrightsblog.com

Surveillance camera code of conduct comes into force – Home Office

Posted June 7th, 2013 in closed circuit television, codes of practice, local government, police, press releases, road traffic by tracey

“New guidance in place over police and local authority use of CCTV and Automatic Number Plate Recognition.”

Full press release

Home Office, 4th June 2013

Source: www.gov.uk/home-office

Police officer suing petrol station also taking action against force – The Guardian

Posted April 8th, 2013 in compensation, news, personal injuries, police, road traffic by sally

“A police officer criticised for taking legal action against a petrol station owner after she tripped on a kerb answering a 999 call is also making a claim against her own force, it has been reported.”

Full story

The Guardian, 7th April 2013

Source: www.guardian.co.uk

Bypassing lawyers would save £1.5bn, insurer claims – Law Society’s Gazette

Posted February 15th, 2013 in insurance, legal services, news, personal injuries, road traffic by sally

“Removing lawyers altogether from the small-claims process would save each motorist an average £60 a year on their car insurance premiums, a major insurer today [14 February] claimed.”

Full story

Law Society’s Gazette, 14th February 2013

Source: www.lawgazette.co.uk

Pedestrians, contributory negligence and the current state of the law – Hardwicke Chambers

Posted February 8th, 2013 in contribution, news, personal injuries, road traffic by sally

“In a hearing of potential landmark significance, the Court of Appeal has given permission to the defendant in Probert v Moore [2012] EWHC 2324 (QB) to appeal against a finding that a 13 year old girl was not guilty of contributory negligence when struck by a car on an unlit country lane.”

Full story

Hardwicke Chambers, 6th February 2013

Source: www.hardwicke.co.uk

Women could pay £500 more for car insurance as EU ruling comes into force – The Guardian

Posted December 18th, 2012 in insurance, news, road traffic, sex discrimination, women by sally

“Women who take out car or life insurance could find themselves paying as much as £500 more when an EU ruling on gender comes into force on Friday.”

Full story

The Guardian, 17th December 2012

Source: www.guardian.co.uk

Whiplash crackdown – Ministry of Justice

Posted December 12th, 2012 in compensation, consultations, news, personal injuries, road traffic, small claims by sally

“New measures to bring down the number and cost of whiplash claims, including speculative and fraudulent applications has been announced today [11th December].”

Full story

Ministry of Justice, 11th December 2012

Source: www.justice.gov.uk

Reducing the number and cost of whiplash claims – Ministry of Justice

Posted December 11th, 2012 in consultations, news, personal injuries, road traffic, small claims by sally

“The Government is committed to finding ways of tackling fraudulent and exaggerated whiplash claims, whilst ensuring that people who have suffered a genuine neck injury should continue to be able to get appropriate compensation. However, increases in claims for compensation relating to whiplash injuries are having a significant impact on the motor insurance premiums paid by individuals, families and businesses.”

Full story

Ministry of Justice, 11th December 2012

Source: www.justice.gov.uk

Whiplash proposals target fraudulent claims with increase in RTA small claims limit to £5,000 – Litigation Futures

Posted December 11th, 2012 in compensation, consultations, news, personal injuries, road traffic, small claims by sally

“The government will today finally unveil its long-awaited consultation on increasing the small claims limit for road traffic personal injury cases from £1,000 to £5,000, a move that would decimate the workload of many law firms.”

Full story

Litigation Futures, 11th December 2012

Source: www.litigationfutures.com

Vet who killed driver wins landmark case to get unlawful killing verdict overturned – Daily Telegraph

Posted October 12th, 2012 in inquests, news, road traffic, unlawful killing by sally

“A trainee vet whose car fatally struck a tow truck driver by the side of a motorway has triumphed in a ground-breaking legal fight to overturn an inquest verdict that he was ‘unlawfully killed’.”

Full story

Daily Telegraph, 11th October 2012

Source: www.telegraph.co.uk

Greater rights for motorists – Home Office

Posted October 3rd, 2012 in news, road traffic, wheel clamping by sally

“From today (1 October), motorists will be given greater rights as new laws banning wheel clamping and towing take effect.”

Full story

Home Office, 1st October 2012

Source: www.homeoffice.gov.uk