Public bodies not generally liable for ‘merely acting ineffectually’, CoA rules – Law Society’s Gazette

Posted January 20th, 2022 in accidents, duty of care, news, police, road traffic by tracey

‘Public authorities do not generally owe a duty of care “where it has intervened but has done so ineffectually” in a way which fails to confer a benefit rather than “making matters worse”, the Court of Appeal ruled today.’

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Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

Harry Dunn crash: Anne Sacoolas case to go before UK court – BBC News

Posted December 14th, 2021 in diplomats, homicide, immunity, motorcycles, news, prosecutions, road traffic by tracey

‘The case of Anne Sacoolas, the US national charged over the death of motorcyclist Harry Dunn, is to be heard by a UK court, prosecutors have said.’

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BBC news, 13th December 2021

Source: www.bbc.co.uk

Council loses High Court battle over whether private way was a “road” under Road Traffic Regulation Act – Local Government Lawyer

Posted December 7th, 2021 in local government, news, planning, road traffic, roads by sally

‘Isle of Wight Council’s decision that a privately owned way in Ryde was not a “road” for the purposes of the Traffic Regulation Act 1984 has been overturned, following a High Court legal challenge.’

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Local Government Lawyer, 6th December 2021

Source: www.localgovernmentlawyer.co.uk

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

Posted November 18th, 2021 in accidents, alcohol abuse, contribution, negligence, news, road traffic by tracey

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash “will not avoid a finding of contributory negligence” where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

UK court sends 9 road-blocking climate protesters to prison – The Independent

Posted November 18th, 2021 in climate change, demonstrations, injunctions, news, road traffic, sentencing by tracey

‘A British court on Wednesday sentenced nine members of the climate action group Insulate Britain to up to six months in prison for breaching an injunction designed to prevent road blockades.’

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The Independent, 17th November 2021

Source: www.independent.co.uk

Man jailed for 10 years following traffic collision stabbing – The Independent

“A man who stabbed another man trying to get his details after a traffic collision has been jailed for 10 years.”

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The Independent, 5th November 2021

Source: www.independent.co.uk

ULEZ: New pollution charge zone to begin in London – BBC News

‘In less than a week, ULEZ will become ULEX. If you live in London and drive an older diesel or petrol car, radical changes are just around the corner.’

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BBC News, 19th October 2021

Source: www.bbc.co.uk

Supreme Court backs claimants in QOCS set-off ruling – Legal Futures

‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’

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Legal Futures, 6th October 2021

Source: www.legalfutures.co.uk

Judges can rely on solicitors’ emails to assess credit hire losses – Legal Futures

Posted September 30th, 2021 in accidents, electronic mail, insurance, news, road traffic, taxis, witnesses by sally

‘Taxi drivers forced to hire new cars after road traffic accidents do not need to set out their credit charges in witness statements as emails from their solicitors will suffice, a judge has ruled.’

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Legal Futures, 30th September 2021

Source: www.legalfutures.co.uk

Government takes legal action against M25 climate protesters – Home Office

‘Activists who have been carrying out a string of disruptive demonstrations along the M25, causing travel chaos for tens of thousands of people, will be in contempt of court if they breach the terms of an interim injunction won by National Highways today (22 September 2021).’

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Home Office, 22nd September 2021

Source: www.gov.uk

Research Briefing: Regulating electric scooters (e-scooters) – House of Commons Library

Posted September 3rd, 2021 in motorcycles, news, parliament, regulations, road safety, road traffic, roads by tracey

‘This briefing paper provides an overview of the existing legal framework for electric scooters (e-scooters). It also analyses the arguments for and against legalising e-scooters on UK roads, drawing on the limited evidence from other countries and cities that have sanctioned their use.’

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House of Commons Library, 1st September 2021

Source: commonslibrary.parliament.uk

Bradford mother jailed after ‘home alone’ son killed by car – BBC News

Posted August 19th, 2021 in accidents, child neglect, guilty pleas, news, road traffic, sentencing by sally

‘A mother has been jailed after her seven-year-old son was knocked down and killed when he was left alone at his home in West Yorkshire.’

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BBC News, 18th August 2021

Source: www.bbc.co.uk

Police arrest investigated as Newport altercation on social media – BBC News

Posted July 15th, 2021 in internet, news, police, road traffic, video recordings, Wales by tracey

‘A force has reported itself to the police watchdog after footage shared on social media appears to show an officer in an altercation with a man.’

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BBC News, 15th July 2021

Source: www.bbc.co.uk

Managing new enforcement powers for councils under the Traffic management Act 2004 – Local Government Lawyer

Posted July 5th, 2021 in enforcement, local government, news, road traffic by tracey

‘Rob Hann considers the recent legislative changes to traffic management in England, including the introduction of Clean Air Zones and widening local authorities enforcement powers for moving traffic offences.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Mason v Laing: Wrongly decided? – No. 5 Chambers

‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

“An end to greedy opportunism” – whiplash reforms finally go live – Legal Futures

Posted June 1st, 2021 in electronic filing, news, personal injuries, road traffic, small claims by sally

‘The Civil Liability Act reforms went live yesterday with the government promising an end to “greedy opportunism” while claimant representatives deemed it a “sad day for justice”.’

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Legal Futures, 1st June 2021

Source: www.legalfutures.co.uk

Part 36 Offers : Children and Protected Parties Wormald -v- Ahmed [2021] EWHC 973 (QB) – St Philips Barristers

‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’

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St Philips Barristers, 13th May 2021

Source: st-philips.com

“Hopelessly complicated” whiplash portal guide slammed – Legal Futures

‘The 64-page users guide for litigants in person navigating the new Official Injury Claim portal has been strongly criticised by a leading academic for being “hopelessly complicated”.’

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Legal Futures, 13th May 2021

Source: www.legalfutures.co.uk

Proving The Driver Isn’t Always At Fault – Old Square Chambers

‘Caroline Hall of DAC Beachcroft provides this case summary (via the DAC Beachcroft website) in the case of Vincent v Walker [2021] EWHC 536 (QB). Caroline, instructed by Mike Green at Zurich Insurance on behalf of the defendant driver successfully defended a claim brought by an injured pedestrian.’

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Old Square Chambers, 23rd March 2021

Source: oldsquare.co.uk

Street Space and Taxis During the COVID-19 Pandemic – City Law Forum

Posted April 15th, 2021 in coronavirus, London, news, road traffic, taxis by sally

‘The taxi or black cab has from time immemorial been part of the London transport scene. They are permitted to use all available road space, including bus lanes. The current pandemic has motivated the Mayor of London and Transport for London (TfL) to create a policy resulting in traffic plan and traffic orders limiting the amount of road space available for vehicles. The result of these orders has been to restrict taxis from using road space (including bus lanes) in two areas of central London that were previously available to them.’

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City Law Forum, 14th April 2021

Source: blogs.city.ac.uk