Archived Legal Articles from 2021

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Personal Injury

December

Death by cycling - Road Traffic Offences (Cycling) Bill 2021-22

13/12/21

A Bill has been proposed by the House of Lords to amend the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 to create criminal offences relating to dangerous, careless, or inconsiderate cycling. In particular applying to a pedal cycle, an electrically assisted pedal cycle, and an electric…

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November

The Importance of Insurance

05/11/21

The Times newspaper recently reported the unfortunate and tragic case of a young climber who was paralysed after his friend failed to keep hold of the belay rope as he was climbing up a wall at an indoor climbing centre. Fortunately, his friend was insured, either in his own right or through a…

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October

NHS Litigation Reform

27/10/21

The government are examining the case for the reform of litigation against the NHS , against the background of increasing costs and concerns that clinical negligence fails to do enough to encourage lessons being learnt and the promotion of future patient safety. AVMA have submitted evidence to the…

What is the Purpose of an Inquest?

27/10/21

When the cause of death is unknown, the process to establish this is not always a straightforward one. In these circumstances, where the cause of death is unknown, an inquest can be conducted to ascertain the cause of death. In this article we explore the purpose of an inquest and how the evidence might…

Dependency Claims: Criteria and Financial Compensation

01/10/21

When losing a loved one and considering making a claim for dependency, there are various legal requirements that set out the basis of being able to make such a claim, and what compensation is available if you are an eligible dependent. We will explore this further in this article. Criteria for…

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September

When Contributory Negligence is Applied with Minors

27/09/21

Lancs Live recently reported on an incident involving a primary school pupil being hit by a car outside St James Primary school in Skelmersdale. "The seven-year-old stepped out on the busy 30mph road and was hit by a car pulling out. The girl was reportedly thrown up into the air and…

Potholed Path Danger

24/09/21

Lancs live reported this week that 'Margaret Appleton, 75, fell down on a footpath near to Essington Road in Skelmersdale on Saturday morning on her way to Tanhouse. The footpaths were branded by one local as 'treacherous' all over the town and is calling on the council to sort out the…

Surviving Bear Grylls obstacle course

22/09/21

The Independent recently reported on a case involving a 54-year-old taking part in a Bear Grylls survival race. The claimant fell and suffered serious injuries to her leg and shoulder whilst using an elevated monkey ring obstacle. The defendants designed the course and managed the race. They…

Fatal Accidents: Assessing the Loss of Dependency in Family Businesses

17/09/21

When you lose a loved one it has significant implications emotionally, practically and financially. If a third party has negligently caused the death, the law makes for provision for certain categories of claimant to seek compensation. In this article we will explore financial dependency in a…

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June

Pedestrian Road Traffic Accident Claims

23/06/21

The Court of Appeal will be asked to review a decision the High Court made in February this year in the case of Gul v Mcdonagh , where a 13-year-old was hit by Mr McDonagh who was fleeing from the police in his car. He was doing 45 in a 20 zone. There were speed bumps along the road. On the face of…

Right to Roam & Animals

08/06/21

Covid has confined us to our local areas, footpaths are well worn and the public are likely to continue enjoying their outdoor activities as we all move on. The large increase in the use of public rights of way has caused a number of headaches for farmers and landowners particularly when the same land…

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May

Whiplash Claims Portal

18/05/21

It is reported that the new 64 page guide on how to run your own whiplash claim is " Hopelessly complicated " The government are about to introduce some changes severely restricting the right to claim compensation for Road traffic whiplash, fixing the compensation payable to £240…

Presenter sues BBC for £4m over crash test

17/05/21

The Times newspaper recently reported that a former BBC presenter was presented a multimillion-pound compensation after suffering whiplash while imitating a car crash in a science program Jem Stansfield was filming, Bang goes the theory, in 2014 when he was strapped to a cart and catapulted along a…

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February

Can a child be guilty of contributing evidence?

17/02/21

From time to time we hear about terrible injuries suffered by a child when they are hit by a car. There are regular campaigns to reduce speed limits in built-up areas. The law imposes a heavy duty on the car driver, particularly in built-up areas where children might be playing, areas around sports…

Speeding motorcyclist, overtaking a van after taking drugs wins 20% liability

15/02/21

The recently reported case of KYRIACOU v FINCH (2021) QBD (Judge Nigel Bird) 29/01/2021, in the Queens Bench Division of the High Court found in favour of a motorcyclist who had been riding his bike at approximately 55 mph. It was dark, his head light was on. As he overtook an Asda van, the defendant,…

National Apprenticeship Week

10/02/21

National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…

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January

When can you recover private healthcare costs in a personal injury claim ?

05/01/21

When a Claimant suffers injury they may require treatment in order to help them to recover. This is known as 'mitigation of loss' . The Claimant is entitled to obtain that medical treatment privately irrespective of the availability of state funded care. That was entrenched in the Law Reform (…

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