FOCUS INSUFFICIENT RESOURCES IS NOT A DEFENCE UNDER THE HIGHWAYS ACT 1980 RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT INSIDE

Size: px
Start display at page:

Download "FOCUS INSUFFICIENT RESOURCES IS NOT A DEFENCE UNDER THE HIGHWAYS ACT 1980 RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT INSIDE"

Transcription

1 FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT ISSUE 43 JUL 2011 INSIDE SCOTTISH APPEAL JUDGES UPHOLD ASBESTOS COMPENSATION LAW COURT OF APPEAL RULES ON TIME LIMITED PART 36 OFFERS FURTHER CASE LAW ON MESOTHELIOMA CYCLIST SUFFERS HEAD INJURY DUE TO CONCRETE ON THE HIGHWAY SPENDING CUTS SUCCESSFULLY CHALLENGED WORKING AT HEIGHT 4.25M SETTLEMENT APPROVED AFTER DRINK-DRIVING CRASH RESULTED IN SERIOUS BRAIN DAMAGE INSUFFICIENT RESOURCES IS NOT A DEFENCE UNDER THE HIGHWAYS ACT 1980 WILKINSON v CITY OF YORK COUNCIL Court of Appeal January 2011 The claimant rode her bicycle along Whitby Drive, York. She hit a pothole, fell off her bike, and sustained a range of injuries. The council inspected the road annually. This was a departure from the National Code of Practice for the maintenance of highways which suggested that Category 4a roads, the category applicable to Whitby Drive, should be inspected every 3 months. The code goes on to say that any departure from its inspection frequencies should only be made following a risk assessment and approval by the authority s executive committee. The code itself is not legally binding but is considered to be an authoritative document. The evidence as to why there had been a departure from the national code was deemed by the court to be insubstantial. A District Judge found for the claimant but applied a 50% reduction in respect of contributory negligence. The High Court overturned the decision and found for the council. However, the Court of Appeal has restored the original decision in favour of the claimant, subject to the 50% reduction for contributory negligence. The Court of Appeal found that local authority resources do not have any role to play in the determination of the statutory defence under Section 58 of the Highways Act Lord Justice Toulson said, amongst other things, The obligation to maintain highways in a structural condition that leaves them free from foreseeable danger is an unqualified obligation of long standing Section 58 was designed simply to afford a defence to a claim for damages brought against a highway authority which was able to demonstrate that it had done all that was reasonably necessary to make the road safe for users, not an authority which decided that it was preferable to allocate its resources in other directions because other needs were more pressing than doing what was reasonably required to make the roads safe Whilst many hope that higher courts will have an opportunity to reconsider this decision, this case is an important precedent for highway authorities to bear in mind when trying to balance conflicting demands on limited resources.

2 02 FOCUS RISK MANAGEMENT News in Brief Scottish appeal judges uphold asbestos compensation law A group of insurers has lost a legal bid to overturn the Damages (Asbestos-related Conditions)(Scotland) Act 2009, which allows sufferers of pleural plaques, a benign scarring of the lungs, to make compensation claims. The Scottish Government had estimated that compensation costs were likely to peak between 7 million and 19 million in the next decade. The insurers unsuccessful challenge was based on a claim that the costs over the next 20 years would average between 76 million and 607 million and that Members of the Scottish Parliament had ignored medical opinion and had opened the "floodgates" for claims. COURT OF APPEAL RULES ON TIME LIMITED PART 36 OFFERS C v D Court of Appeal. May 2011 The claimant brought an Application seeking a declaration that an offer to settle an action by way of a Part 36 offer was no longer open for acceptance and had not been accepted. The offer to settle was by way of a letter headed Offer to settle under CPR (Civil Procedure Rules) Part 36. The letter contained a reference to the offer being open for 21 days from the date of the letter. The letter went on to say that if the offer was not accepted, and the claimant obtained an equal or better settlement, then the claimant would rely on the Civil Procedure rules to seek an order for costs including an order on the indemnity basis with interest at 10%. The offer was not accepted within the 21 days mentioned. Almost a year later, and within three weeks of the trial, the defendant purported to accept the offer. The Court of Appeal ruled that: A Part 36 offer remains on the table unless and until it is formally withdrawn by a Notice of Withdrawal (following the case of Gibbon v Manchester City Council). The essence of Part 36 is that it has to be an offer which is not withdrawn, but which remains on the table and such an offer can only be withdrawn by a formal Notice of Withdrawal. In the absence of such a notice, the offeree can accept the offer at any time. Time limited offers are inconsistent with the intention of Part of the Civil Procedure Rules. In the subsequent correspondence between the parties there was nothing to suggest a formal withdrawal of the Part 36 offer. Therefore, claims handlers should note that time bound Part 36 offers are not effective in terms of an attempt to impose a time limitation. Should the offeror wish to withdraw a Part 36 offer, a formal Notice of Withdrawal should be served on the offeree. Further case law on Mesothelioma SIENKIEWCZ v GRIEF AND WILLMORE v KNOWSLEY MBC Supreme Court. March 2011 In the April 2010 edition of Focus we reported on the outcome of a Court of Appeal hearing in the case of Willmore v Knowsley MBC. The claim was based on an alleged exposure to asbestos when Mrs Willmore was a pupil at a school operated by Knowsley Council in the 1970s. During the removal of ceiling tiles for maintenance, the Judge had found that Mrs Willmore had been exposed to a risk from asbestos fibres on three particular occasions. At the initial trial the council was found liable on the grounds that the council had failed to take precautions to prevent exposure to airborne asbestos fibre. The council appealed against the decision on the grounds that it was based on an alleged exposure to a risk of asbestos rather than a risk of harm. The council also appealed on the grounds that there was no evidence of anything more than a minimal exposure. The appeal was dismissed. The case came before the Supreme Court in March 2011 along with the case of Sienkiewcz v Grief. In both cases the appeals to the Supreme Court were dismissed. In reaching this decision, the Court cited the special rules (known as the Fairchild principle) grafted onto the Compensation Act 2006 for mesothelioma cases. In the case of Grief it was determined that, amongst other things, liability for mesothelioma fell on anyone who had materially increased the risk of a person contracting the disease. The use of the word materially was intended to exclude insignificant risks which would be determined on a case by case basis. The defendant argued that occupational exposure to asbestos dust should only constitute a material risk if it more than doubled the normal environmental exposure. This argument was rejected. The challenge to the Court of Appeal s decision on Willmore was a challenge as to the facts. Although the Supreme Court felt that some plausible criticisms could be made of the findings of the Trial Judge, and of the approach of the Court of Appeal, these would not justify the Supreme Court in overturning the concurrent findings of the lower Courts in this case.

3 FOCUS RISK MANAGEMENT 03 CYCLIST SUFFERS HEAD INJURY DUE TO CONCRETE ON THE HIGHWAY THOMAS v WARWICKSHIRE COUNTY COUNCIL High Court. May 2011 The claimant sustained a significant head injury when he lost control and fell from, his bicycle when riding with a cycling club. At the time of the accident the claimant was riding along the highway. The claimant's case was that the highway was in a dangerous condition as there was a spillage of concrete which had stuck to the highway and was dangerous to cyclists. His bicycle foundered causing him to fall onto the highway when he was travelling at a speed of about miles per hour. The concrete had hardened and bonded to the highway and thus became part of the fabric of the highway. The protrusion was up to 25mm in height and the largest spill was a meter long and 10cm wide. The claimant's case was that the dangerous condition of the highway was due to the defendant's failure to maintain the highway in breach of its duty to do so under Section 41 of the Highways Act The hearing involved a trial of liability and contributory negligence (other than in respect of contributory negligence alleged on the ground that the claimant was not wearing a safety helmet). The issues were: whether the highway was dangerous for traffic; whether the danger had been due to a failure by the defendant to maintain the highway; whether the danger had caused the claimant's accident; if the first three issues were determined in the claimant's favour, whether the defendant had nevertheless taken such care as, in all the circumstances, was reasonably required to secure that the highway was not dangerous for traffic; and if the defendant was liable to the claimant, should the claimant's damages be reduced for contributory negligence (other than contributory negligence alleged on the ground that the claimant was not wearing a safety helmet, which would be determined on a later occasion). The court ruled that the cause of the accident had been as a result of the claimant's front wheel striking the concrete. The fact that, in absence of specific intervention by a road mending gang, the change in the fabric caused by the bonding of the concrete to the road surface would be permanent, or at least long lasting, was sufficient to bring the case within Section 41 of the Highways Act 1980 Act, in that it was a dangerous defect. Having determined that the spillage had constituted a danger, the Section 58 defence being that the council had done all that was reasonably necessary to make the road safe for users, was not available as the defect existed at the time of the last inspection prior to the accident and no action had been taken to deal with it. News in Brief However, the claimant would have to bear the major part of the blame for the accident. If he had been travelling a safe distance from the cyclist in front he would have been able to see what was coming up in sufficient time to have made the minor adjustment to his course which would have enabled him to avoid running into or over the concrete spillage. Contributory negligence was, therefore, applied at 60%. Spending Cuts Successfully Challenged Cuts to the public services affecting London s most vulnerable people were brought to a halt by a recent challenge in the High Court. In the case of R (Hajrula) v London Councils, Mr Justice Calvert Smith ruled that London Councils consultation process was flawed and, in particular, that their statutory duties were not adequately considered. The case established that even in the current economic climate it was of paramount importance public sector funding cut decisions were properly assessed. The decisions of London Councils relating to cutting funding to some 213 projects run by 177 different organisations were quashed. The judge ordered London Councils to undertake a lawful process of reconsideration in accordance with the public sector equality duties and warned that no cuts be made until three months after the conclusion of the lawful consideration process. In a similar case, four severely disabled adults have started a legal action against Birmingham City Council in an attempt to overthrow a 53 million package of cuts.

4 04 FOCUS RISK MANAGEMENT Working at Height KMIECIC V ISSACS Court of Appeal February 2011 This is an interesting case involving a claim from an employee of a building contractor who was injured whilst working on the garage roof of a private householder. The accident occurred on 17th June At the time of the accident; the claimant was standing on a ladder owned by the defendant householder, Mrs Issacs. He was attempting to pass a roll of roofing material to a colleague on the roof. As he did so the ladder toppled and he fell and suffered a fractured elbow. It was accepted by all parties that the ladder was inappropriate as it was too short and the surface it stood on was not level. The claimant s employer, Mr Sniegula, was not insured so the claimant sued Mrs Issacs for damages. The claimant s case was that when the job commenced Mr Sniegula had told the claimant to use the step ladder in the garage. The claimant and a colleague told him it was too short so Mr Sniegula suggested they access the roof though an upstairs window which overlooked the garage roof. On the day of the accident, access via the window was not possible as a boy was asleep in the room. A telephone conversation took place with Mr Sniegula, who asked the men to use the step ladder. The claimant also alleged that Mrs Issacs had gone into to the garage and insisted that he should use the ladder. Mrs Issacs refuted this allegation and said that, if the ladder had been used, it was without her permission. The judge dismissed the claim against Mrs Issacs as the Working at Height Regulations 2005 applied in the case of a non employer to work by a person under his control, to the extent of that control. The Construction (Health & Safety and Welfare) Regulations 1996 only imposes a duty on a non employer in so far as they relate to matters within his control. On this basis the judge dismissed the claim. The claimant appealed. The Court of Appeal decided that, although the way in which the work was carried out was controlled by the means of access, just because Mrs Issacs had exercised a right over what means to access she would allow in her home, as a non employer she was not obliged to ensure the safety of whatever other access may be adopted. The appeal was dismissed. 4.25m Settlement Approved after Drink- Driving Crash Resulted in Serious Brain Damage A woman who suffered serious brain damage and almost died after a drink driver ploughed into a car in which she was a passenger has been awarded a compensation package worth 4.25m. Rhianna Millett was aged six on 17 March 1996, when Jeremy Hallett drove his Land Rover head-on into a car in which she was travelling. She suffered serious head injuries and a broken leg in the crash and her mother's partner, who was driving the car, died. Mr Hallett s insurers admitted liability for the accident in July 1998, and in May 2011 the High Court approved a payout totalling about 4.25m to settle the claim. The settlement consists of a 1m lump sum, plus index-linked and tax-free payments of 52,500 a year to cover the costs of her care for the rest of her life. Information If you would like further information on any of the articles contained in this issue, need guidance on whom to contact or just wish to pass on any comments, please call, Hannah Denne Telephone +44 (0) Hannah_Denne@gbtpa.com New Loom House 101 Back Church Lane London E1 1LU Telephone +44 (0) Facsimile +44 (0)

5 NEW SERVICES FROM THE GALLAGHER BASSETT LOSS CONTROL TEAM Support with the administration of medication Local authorities are increasingly involved in providing support with administration of medicines as part of personal and residential care and in educational establishments. Support can range from the purchase of home remedies on behalf of vulnerable individuals through to working with health care professionals to assist in administering medication, and to providing support for individuals with complex medical needs. Services are often delivered in partnership with other voluntary or commercial agencies. It is important, therefore, to ensure that procedures and record keeping are carried out to a common standard both within the different disciplines of the local authority and in partner organisations. Communication and coordination between health services, care and education services is vital. With this in mind, Gallagher Bassett has developed a detailed risk review designed to assist organisations in identifying the full range of support activities being undertaken, whether directly or through external agencies, and to evaluate the effectiveness of systems in controlling the risks. A successful pilot phase has demonstrated the value of the review to organisations as well as identifying the huge range of complex medical support provided by local authorities, both in social care and in education services. Management of asbestos The Government asked for a review of the classification of white asbestos in November last year, and it has now been confirmed by the Government s Chief Scientific Advisor that white asbestos should remain as a class one carcinogen. In February, the European Commission requested that the UK change provisions which currently excludes some maintenance and repair activities from the application of the EU directive on protection of workers from asbestos. The current asbestos regulations allow for some work on asbestos cement type products, providing it can be confirmed that exposure does not exceed control limits. Gallagher Bassett has revised and updated its reviews and training packages in the light of current standards and research and is able to offer training to managers which provides a means of understanding the risks of asbestos in buildings and how the risks can be controlled. The course will assist in evaluating the procedures used by employees and contractors to manage the risks of asbestos containing materials in buildings. The review provides a systematic evaluation of the effectiveness of asbestos management plans and control measures for persons encountering or working with materials containing asbestos. The survey identifies which functions provide support, the range of medications and care activities being carried out, and evaluates the effectiveness of control and communication systems. New Loom House 101 Back Church Lane London E1 1LU Telephone +44 (0) Facsimile +44 (0)

6 Continuing Professional Development Reorganisation, cutbacks, leaner management structures and pressures on budgets and time have resulted in a major reduction in the availability of continuing professional development training opportunities for organisations. Gallagher Basset has approached a number of major professional bodies and confirmed that our courses may be used as part of a CPD programme. We offer a range of open courses for individuals, available across England, Scotland and Wales throughout the year, together with the option of bringing courses in house as needed. Our courses are suitable for any member of a professional body and will be of interest to people such as solicitors and legal professionals, risk and insurance staff, safety and occupational health advisers and managers, human resources advisers, property and building managers, fleet managers and others. In July and August Gallagher Bassett will be running the following training courses at Port Vale Football Stadium, Stoke-on-Trent, Staffordshire, ST6 1AW: 12th July - 1 Day Managing Workplace Pressure Who should attend? Senior managers, line managers and supervisors Summary: To develop an understanding of the nature of stress, its causes and effects for individuals and the effects of stress upon organisational capabilities 19/20th July - 2 Day IRM Accredited Enterprise Risk Management Course Who should attend? Executives and senior managers and any person involved in managing risks including auditors, lawyers and insurance professionals Summary: A broad, yet comprehensive, introduction to risk management to help managers understand why risk management is important, the risk assessment process and help to embed risk management. 23th August - 1 Day Health and Safety for Risk and Insurance Managers Who should attend? Risk & insurance managers and any person involved in managing safety. Summary: An introduction to safety management. 24th August - 1 Day Accident/Incident Investigation Who should attend? Line managers, supervisors and anyone responsible for investigating accidents or incidents. Summary: To provide an understanding of the purpose and benefits of a good investigation. For more information on our training courses see our website at New Loom House 101 Back Church Lane London E1 1LU Telephone +44 (0) Facsimile +44 (0)

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 15th January 2015 Issue: 047 Public liability The difference between a local authority s powers and its duties was examined in Foulds (Deceased) v Devon County Council [Lawtel

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

the insurance edition

the insurance edition the insurance edition Vol TWO//ALARM Special Maintaining a Fraud Strategy on Limited Resources The consensus is that, despite the recession having been with us for some time, the full effect has not yet

More information

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS 1. Introduction

More information

FOCUS. Supreme Court decides on trigger date for Mesothelioma and Employers Liability policies

FOCUS. Supreme Court decides on trigger date for Mesothelioma and Employers Liability policies FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT ISSUE 47 JUL 2012 INSIDE IMPORTANT CHANGES TO INSURANCE CONTRACT LAW Supreme Court decides on trigger date for Mesothelioma and Employers

More information

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

MARCH 2013. Germaine v Hexham & St Helier University Hospital NHS Trust (Lawtel 4/2/2013) Page. 1 Employers Liability Contributory Negligence

MARCH 2013. Germaine v Hexham & St Helier University Hospital NHS Trust (Lawtel 4/2/2013) Page. 1 Employers Liability Contributory Negligence Page 1 Employers Liability Contributory Negligence 2 Employers Liability Mesothelioma MARCH 2013 4 Fraud Death by Dangerous Driving Germaine v Hexham & St Helier University Hospital NHS Trust (Lawtel 4/2/2013)

More information

FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT. High Court makes an important decision on the trigger date for

FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT. High Court makes an important decision on the trigger date for FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT ISSUE 33 JAN 2009 INSIDE COURT OF APPEAL RULES ON MANHOLES ANOTHER PERSONAL INJURY CLAIM UNDER THE USE OF WORK EQUIPMENT REGULATIONS

More information

Asbestos Disease Claims

Asbestos Disease Claims Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. 2. Who can

More information

This is the author s version of a work that was submitted/accepted for publication in the following source:

This is the author s version of a work that was submitted/accepted for publication in the following source: This is the author s version of a work that was submitted/accepted for publication in the following source: Stickley, Amanda P. (2012) Long term exposure to asbestos satisfies test for causation. Queensland

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

Damages (Asbestos-related Conditions) Bill

Damages (Asbestos-related Conditions) Bill Research and Library Service 13 January 2010 Damages (Asbestos-related Conditions) Bill NIAR 644-10 This paper provides an overview and discussion of the Damages (Asbestos-related Conditions) Bill. Paper

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 2nd July 2014 Issue: 025 Part 36 As can be seen from the case of Supergroup Plc v Justenough Software Corp Inc [Lawtel 30/06/2014] Part 36 is still the subject of varying interpretations.

More information

Running Water, Ineffective Drains and Highway Maintenance. Hodges v Somerset County Council

Running Water, Ineffective Drains and Highway Maintenance. Hodges v Somerset County Council Running Water, Ineffective Drains and Highway Maintenance Hodges v Somerset County Council By Geoffrey Brown and Nathan Peacey Running water can be a cause of problems, not least on the roads. A highway

More information

Transport Committee cycling consultation

Transport Committee cycling consultation Transport Committee cycling consultation Thompsons Solicitors has been standing up for the injured and mistreated since the firm was founded by Harry Thompson in 1921. We have fought for millions of people,

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Schools Group Bulletin

Schools Group Bulletin Page 1 Schools Group Bulletin David Smellie November 2009 The Vetting and Barring Scheme As you will know from our electronic briefing on 14 October 2009, further changes under the Scheme were introduced

More information

RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) THE SCOTTISH GOVERNMENT CONSULTATION PAPER-

RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) THE SCOTTISH GOVERNMENT CONSULTATION PAPER- RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) TO THE SCOTTISH GOVERNMENT CONSULTATION PAPER- Partial Regulatory Impact Assessment on a Proposed Bill to Reverse House of Lords Judgement in Johnston

More information

The authority will not pay out for additional costs, documentation copies, loss of time, photograph fees, or any other out of pocket expenses.

The authority will not pay out for additional costs, documentation copies, loss of time, photograph fees, or any other out of pocket expenses. Tree root damage online claim form Claims are not accepted via email Audit and Risk Management Unit Insurance Team Salford City Council 1st Floor, Unity House Chorley Road, Swinton M27 5AW To whom it may

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation Supreme Court delivers judgment in the Employers' Liability Trigger Litigation On 28th March 2012, the Supreme Court handed down judgment in BAI (Run Off) Limited v Durham [2012] UKSC 14, the test-cases

More information

Accidents at Work. Everything you need to know

Accidents at Work. Everything you need to know Accidents at Work Everything you need to know Falling from ladders, slipping on a wet floor, lifting a heavy item, cutting yourself on a machine. Even in the 21st Century the workplace is still dangerous

More information

MWR Solicitors A legal guide HEALTH & SAFETY: Industrial diseases. Lawyers for life

MWR Solicitors A legal guide HEALTH & SAFETY: Industrial diseases. Lawyers for life MWR Solicitors A legal guide HEALTH & SAFETY: Industrial diseases Lawyers for life CONTENTS Time Limits 4 Foreseeable Risk of Injury 4 Asbestos-Related Disease 4 - A Brief Insight 4 - Overview 5 - Pleural

More information

Guide to Personal Injury Claims

Guide to Personal Injury Claims PART 1 - INTRODUCTION Our initial meeting At our first meeting, we will discuss the circumstances of your case and the prospects of obtaining compensation (damages) for your injury. We will explain to

More information

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland March 2012 Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation

More information

The Enterprise and Regulatory Reform Act 2013 ("ERRA")

The Enterprise and Regulatory Reform Act 2013 (ERRA) SPECIAL EDITION DECEMBER 2013 The Enterprise and Regulatory Reform Act 2013 ("ERRA") Claims handlers will no doubt be aware that Section 69 of this Act applies to all causes of action arising after 1 October

More information

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos Justice Committee Courts Reform (Scotland) Bill Written submission from Clydeside Action on Asbestos In our view, the Court of Session should deal only with most complex and important cases and that most

More information

THE HORNET S NEST REVISITED - THE DECISION OF THE SUPREME COURT IN SIENKIEWICZ

THE HORNET S NEST REVISITED - THE DECISION OF THE SUPREME COURT IN SIENKIEWICZ THE HORNET S NEST REVISITED - THE DECISION OF THE SUPREME COURT IN SIENKIEWICZ v GREIF; WILLMORE v KNOWSLEY MBC Fairchild kicked open the hornets nest. The House of Lords was confronted with several employers,

More information

Simon has been identified as a Leading Junior in Personal Injury work in each year since 2002.

Simon has been identified as a Leading Junior in Personal Injury work in each year since 2002. Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Professional Liability PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com T:

More information

JUSTICE FOR MESOTHELIOMA VICTIMS

JUSTICE FOR MESOTHELIOMA VICTIMS JUSTICE FOR MESOTHELIOMA VICTIMS Fact, fiction and ideas for change A briefing from The Association of Personal Injury Lawyers (APIL) November 2013 The Association of Personal Injury Lawyers (APIL) is

More information

Disease/Illness GUIDE TO PLEURAL PLAQUES. What are Pleural Plaques? www.simpsonmillar.co.uk Telephone 0844 858 3200

Disease/Illness GUIDE TO PLEURAL PLAQUES. What are Pleural Plaques? www.simpsonmillar.co.uk Telephone 0844 858 3200 GUIDE TO PLEURAL PLAQUES What are Pleural Plaques? The most common injury caused by asbestos exposure is pleural plaques, which appear as white or yellow thickening on the pleura. They often appear frequently

More information

Personal Injury Compensation Guide. Winston Solicitors LLP

Personal Injury Compensation Guide. Winston Solicitors LLP Personal Injury Compensation Guide Winston Solicitors LLP Compensation guide Here we provide a simple, plain speaking guide to no win no fee compensation claims for personal injuries in the UK. If you

More information

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq.

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq. rightlawyers.com RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers

More information

XVIII WORLD CONGRESS OF LABOUR AND SECURITY LAW

XVIII WORLD CONGRESS OF LABOUR AND SECURITY LAW XVIII WORLD CONGRESS OF LABOUR AND SECURITY LAW Paris, September 5 th to 8 th 2006 TOPIC 3 OCCUPATION RISKS : SOCIAL PROTECTION AND EMPLOYERS LIABILITY SWEDEN Lill Dahlberg Legal counsel The Swedish LO-TCO

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL

More information

Evidential Issues in Alpine Sports Injury Claims

Evidential Issues in Alpine Sports Injury Claims Evidential Issues in Alpine Sports Injury Claims Published by Darren Lewis, Barrister, St John s Chambers August 2010 St John s Chambers 101 Victoria Street Bristol BS1 6PU DX 743350 Bristol 36 0117 921

More information

FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT

FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT ISSUE 48 OCT 2012 INSIDE BOOTS FAIL TO OFFER PROTECTION FOR MOTORCYCLING INJURY Court of Appeal rules on 10% uplift in general damages

More information

Claim notification form

Claim notification form Before filling in this form you are encouraged to seek independent legal advice. Date sent / / Claim notification form Low value personal injury claims in road traffic accidents( 1,000-10,000) Are you

More information

Supreme Court confirms that pleural plaques are actionable in Scotland

Supreme Court confirms that pleural plaques are actionable in Scotland Insurance and reinsurance litigation e-bulletin 27 October 2011 Supreme Court confirms that pleural plaques are actionable in Scotland In a decision which has important ramifications for the UK insurance

More information

How to take a small claim to the County Court.

How to take a small claim to the County Court. Constables Central Committee How to take a small claim to the County Court. POLICE FEDERATION OF ENGLAND AND WALES CONSTABLES CENTRAL COMMITTEE 19 Langley Road Surbiton Surrey KT6 6LP INTRODUCTION Small

More information

The Enterprise and Regulatory Reform Act 2013

The Enterprise and Regulatory Reform Act 2013 QBE European Operations The Enterprise and Regulatory Reform Act 2013 Issues Forum The Enterprise and Regulatory Reform Act 2013 Issues Forum Contents History 1 A time of reform 2 Strict liability 2 The

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

CASE EXAMPLES CONTRACTUAL INDEMNITIES & OBLIGATIONS TO INSURE

CASE EXAMPLES CONTRACTUAL INDEMNITIES & OBLIGATIONS TO INSURE CASE EXAMPLES CONTRACTUAL INDEMNITIES & OBLIGATIONS TO INSURE NSW Arabian Horse Association Inc v Olympic Coordination Authority [2005] NSWCA 210 New South Wales Court of Appeal, 23 June 2005 Facts The

More information

Simon has been identified as a Leading Junior in Personal Injury work in each year since 2002.

Simon has been identified as a Leading Junior in Personal Injury work in each year since 2002. Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Professional Liability PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com T:

More information

Claim notification form (RTA1) Low value personal injury claims in road traffic accidents ( 1,000-25,000)

Claim notification form (RTA1) Low value personal injury claims in road traffic accidents ( 1,000-25,000) Date sent / / Claim notification form (RTA1) Low value personal injury claims in road traffic accidents ( 1,000-25,000) Before filling in this form you are encouraged to seek independent legal advice.

More information

Pg. 01 French v Carter Lemon Camerons LLP

Pg. 01 French v Carter Lemon Camerons LLP Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited

More information

Recovery of Medical Costs for Asbestos Diseases (Scotland) Bill

Recovery of Medical Costs for Asbestos Diseases (Scotland) Bill Recovery of Medical Costs for Asbestos Diseases (Scotland) Bill A proposal for a Bill to enable the Scottish Ministers to recover, from anyone responsible for paying compensation to a victim of asbestos-related

More information

Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme

Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme www.fieldfisher.com/personalinjury Freephone 0800 358 3848 Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme A guide for clients Head and shoulders above the rest in terms of skills, experience

More information

GUIDE TO PERSONAL INJURY TRUSTS

GUIDE TO PERSONAL INJURY TRUSTS GUIDE TO PERSONAL INJURY TRUSTS Your guide to Personal Injury Trusts If you have been injured and are making a claim it could be some time before you are able to return to work or resume a normal life.

More information

TORT LAW SUMMARY LAWSKOOL UK

TORT LAW SUMMARY LAWSKOOL UK TORT LAW SUMMARY LAWSKOOL UK TABLE OF CONTENTS INTRODUCTION 5 DEFENCES 6 Consent (Or Volenti Non Fit Injuria) 6 Illegtality (or Ex Trupi Causa) 7 Contributory Negiligence 8 NEGLIGENCE 11 Duty of Care 11

More information

the compensation myth

the compensation myth the compensation myth The Compensation Myth It is common to hear stories of the Compensation Culture or claims that Britain is becoming Risk Averse as a result of people claiming compensation. The truth

More information

IOSH Midland North District

IOSH Midland North District IOSH Midland North District 26 th February 2015 The Civil Case Housekeeping Fire Safety please follow signs exit via stairwell and front door. Assembly point on car park. Toilets located on each landing.

More information

Mesothelioma Act 2014

Mesothelioma Act 2014 Mesothelioma Act 2014 CHAPTER 1 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 5.75 Mesothelioma Act 2014 CHAPTER 1 CONTENTS Diffuse Mesothelioma

More information

tions Weightmans Low Value Personal Injury Claims in Road Traffic Accidents

tions Weightmans Low Value Personal Injury Claims in Road Traffic Accidents Frequ quentl tly asked questio tions Low Value Personal Injury Claims in Road Traffic Accidents Stage 1 General Q1. When will the Rules be drafted and ready? A1. The Civil Procedure Rule Committee approved

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In

More information

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013 HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk

More information

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Contents Page

More information

LEVEL 4 - UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS SUGGESTED ANSWERS JANUARY 2015

LEVEL 4 - UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS SUGGESTED ANSWERS JANUARY 2015 LEVEL 4 - UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS SUGGESTED ANSWERS JANUARY 2015 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors

More information

B U R T & D A V I E S PERSONAL INJURY LAWYERS TAC COMMON LAW CLAIMS -

B U R T & D A V I E S PERSONAL INJURY LAWYERS TAC COMMON LAW CLAIMS - TAC COMMON LAW CLAIMS - DEFENCES In a common law damages claim, the person who brings the claim is called the Plaintiff. The person against who the claim is brought is called the Defendant. For the Plaintiff

More information

FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT REDUCE HOW MUCH YOU SPEND ON MOTOR CLAIMS

FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT REDUCE HOW MUCH YOU SPEND ON MOTOR CLAIMS FOCUS RISK MANAGEMENT THE QUARTERLY NEWSLETTER FROM GALLAGHER BASSETT ISSUE 46 MAR 2012 INSIDE ESSEX COUNTY COUNCIL FOUND NOT LIABLE FOR SWIMMING ACCIDENT GOLFER WINS 400,000 IN DAMAGES AFTER BEING HIT

More information

How To Amend The Civil Procedure Rules

How To Amend The Civil Procedure Rules EXPLANATORY MEMORANDUM TO THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014 2014 No. 3299 (L. 36) 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament

More information

Typical Scenario. The Impact of Barker v Corus (UK) PLC in Mesothelioma Cases. Barker v Corus the emergence of a new tort?

Typical Scenario. The Impact of Barker v Corus (UK) PLC in Mesothelioma Cases. Barker v Corus the emergence of a new tort? Barker v Corus the emergence of a new tort? 5th June 18.00 19.30 Chair: Charles Gibson QC, Henderson Chambers 3 Speakers 3 Perspectives - a barrister, a solicitor and an academic: Elizabeth-Ann Gumbel

More information

How to make a personal injury claim

How to make a personal injury claim A publication by Cute Injury How to make a personal injury claim A CLEAR AND CONCISE GUIDE TO THE PERSONAL INJURY CLAIMS PROCESS We provide professional and impartial advice from the outset and throughout

More information

Compensation Claims. Contents

Compensation Claims. Contents Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory

More information

Professional Negligence A Quick Guide!

Professional Negligence A Quick Guide! This publication is written as a general guide only. It is not intended to contain definitive legal Broadly speaking professional negligence occurs where a professional such as a solicitor, surveyor, doctor

More information

Technical claims brief. Monthly update February 2013

Technical claims brief. Monthly update February 2013 Technical claims brief Monthly update February 2013 Contents News 1 Ministry of Justice Claims Portal Extension put back 1 Solicitors Regulatory Authority stands by April 1 2013 implementation of referral

More information

Your Guide to Asbestos Related Disease Claims

Your Guide to Asbestos Related Disease Claims Your Guide to Asbestos Related Disease Claims www.colemans-ctts.co.uk enquiries@colemans-ctts.co.uk 100 Talbot Road, Stretford, Manchester M16 0PG 1-3 Union Street, Kingston-Upon-Thames, Surrey KT1 1RP

More information

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.

More information

Human rights, property and the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill in the Supreme Court

Human rights, property and the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill in the Supreme Court Human rights, property and the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill in the Supreme Court Frankie McCarthy* The Recovery of Medical Costs for Asbestos Diseases (Wales) Bill was referred

More information

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500 www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience

More information

Claim notification form

Claim notification form Before filling in this form you are encouraged to seek independent legal advice. Date sent / / Claim notification form Low value personal injury claims in road traffic accidents( 1,000-10,000) Are you

More information

The legal system. Chapter 2 TYPES OF LAW. Criminal and civil law. Public and private law

The legal system. Chapter 2 TYPES OF LAW. Criminal and civil law. Public and private law Chapter This chapter covers the way the English legal system is organised: the two main branches of law; the personnel of the legal system and their roles; and the courts which make up the system. As court

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

Whether the government is correct in describing the UK as the whiplash capital of the world

Whether the government is correct in describing the UK as the whiplash capital of the world Whiplash and the cost of motor insurance: what s behind the insurance industry claims Submission to the Transport Committee by Thompsons Solicitors April 2013 About Thompsons Thompsons is the UK s most

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

to Headlight, Dolmans Solicitors motoring news bulletin. In this edition we cover: MVN (R on the application of) v London Borough of Greenwich [2015]

to Headlight, Dolmans Solicitors motoring news bulletin. In this edition we cover: MVN (R on the application of) v London Borough of Greenwich [2015] Headlight motoring news welcome to Headlight, Dolmans Solicitors motoring news bulletin. In this edition we cover: case summaries CPR 36 offers MVN (R on the application of) v London Borough of Greenwich

More information

IN THE HIGH COURT OF JUSTICE

IN THE HIGH COURT OF JUSTICE ST VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE CIVIL SUIT NO.138 OF 1994 BETWEEN: ALFRED JACKSON As Administrator of the Estate of ENNIS JACKSON Plaintiff and Appearances: Mr Arthur Williams

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

Specialists in asbestos litigation

Specialists in asbestos litigation Specialists in asbestos litigation Patient information fact sheet about: Asbestos Compensation Claims Your guide and information pack to explain what financial help is available for those suffering from

More information

Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd

Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd The ABI s Response to the Scottish Government s Consultation 1.

More information

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS STATES OF JERSEY r DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS 201- Lodged au Greffe on 13th December 2012 by the Minister for Health and Social Services STATES GREFFE

More information

highways express Helping you manage your Highways claims Introduction

highways express Helping you manage your Highways claims Introduction highways express Helping you manage your Highways claims Introduction Highway authorities are facing increasing pressure to provide high quality highway services while maintaining tight control of costs

More information

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,

More information

Claim notification form (ELD1)

Claim notification form (ELD1) This is a formal claim against you, which must be acknowledged by email immediately and passed to your insurer. Claim notification form (ELD1) Low value personal injury claims in employers liability -

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 23rd July 2015 Issue: 071 Part 36 In the commercial claim of Dutton and others v Minards and others [Lawtel 20/07/2015] we have yet another case dealing with Part 36. Former

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

Technical claims brief

Technical claims brief QBE European Operations Technical claims brief Monthly update August 2015 Technical claims brief Monthly update August 2015 Contents Occupiers liability of a homeowner Pollock v Cahill [2015] 1 Qualified

More information

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Kennedys advocates the repeal of Amendments 132AA and 132AB added to the Legal Aid, Sentencing

More information

FEEDBACK ON REPORTS BY DR. K.J.B. RIX IN CIVIL CASES

FEEDBACK ON REPORTS BY DR. K.J.B. RIX IN CIVIL CASES FEEDBACK ON REPORTS BY DR. K.J.B. RIX IN CIVIL CASES I would be grateful if you would accept instructions to see xxxx and to prepare your report. I have no doubt that this will be with the same degree

More information

A Guide to Road Accidents

A Guide to Road Accidents A Guide to Road Accidents info@injuryclaimspecialists.com Contents About this Guide 2 Introduction to Road Accidents 3 How long will a Road Accident Claim take? 4 The Personal Injury Claims Process for

More information

Reform to Lost Years Damages in Mesothelioma Claims

Reform to Lost Years Damages in Mesothelioma Claims Reform to Lost Years Damages in Mesothelioma Claims September 2008 Neil Fisher and Kevin Johnson John Pickering and Partners LLP Email: kj@johnpickering.co.uk 19 Castle Street Liverpool L2 4SX Tel: 0151

More information

IN THE HIGH COURT OF AUSTRALIA -T-UL-L-Y-

IN THE HIGH COURT OF AUSTRALIA -T-UL-L-Y- n IN THE HIGH COURT OF AUSTRALIA -T-UL-L-Y- V. b e a c h...a n d. o t h e r s REASONS FOR JUDGMENT t u l l y v. BEACH AND OTHERS - JUDGMENT (o r a l ). JUDGMENT OF THE COURT DELIVERED BY DIXON C.J. COMM:

More information

Motor Legal Expenses Insurance

Motor Legal Expenses Insurance Motor Legal Expenses Insurance Motor Legal Expenses Insurance Policy Document Certificate of Insurance This insurance is underwritten by Inter Partner Assistance SA and managed on their behalf by Arc Legal

More information

Personal Injury/Accident Claims Guidance

Personal Injury/Accident Claims Guidance Hutchesons Solicitors 17 Strathmore House East Kilbride Glasgow Lanarkshire G74 1LF Tel: 01355 224545 Fax: 01355 276565 E-mail: mail@hutchesonlaw.co.uk Personal Injury/Accident Claims Guidance 1 This is

More information

Financial help for people with mesothelioma

Financial help for people with mesothelioma Financial help for people with mesothelioma This information is an extract from the booklet Understanding mesothelioma. You may find the full booklet helpful. We can send you a free copy see page 7. Contents

More information

Technical claims brief. Monthly update December 2011

Technical claims brief. Monthly update December 2011 Technical claims brief Monthly update December 2011 Contents News 1 Lofstedt s Review recommends major reform of Health and Safety Regulation 1 Legal expenses insurer predicts halving of claims numbers

More information

Claim notification form (PL1)

Claim notification form (PL1) This is a formal claim against you, which must be acknowledged by email immediately and passed to your insurer. Claim notification form (PL1) Low value personal injury claims in public liability accidents

More information

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS * 15 January 2015 Level 4 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS Subject Code L4-3 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS

More information