Archived Legal Articles from 2022

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Personal Injury

December

E-scooters and Potholes

02/12/22

The Times has recently published an article about an e-scooter rider making a claim against Barnet Council when the rider fell off as a result of a pothole in the road. There are some interesting arguments raised about the fact the rider was using it illegally. There are a number of cities where…

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November

Road Safety Week

15/11/22

Did you know... · Driving for work is one of the most dangerous activities employees can do? Many road deaths involve a vehicle being driven for work · More than 1.3 million people die on roads every year · Road crashes cost the UK economy around £36 billion each…

Personal Injury - Legal Costs and Success Fees

10/11/22

The Law Society Gazette has reported on the outcome of the Court of Appeal case of Belsner. Darya Belsner instructed Cam Legal services to pursue a Road traffic injury claim. They recovered £1,916.98 by way of damages and deducted 25% of the award (£385.50) as a contribution towards their…

Compensation Increase for Bereaved Relatives is Not Enough

08/11/22

The law in England continues to be particularly harsh when it comes to the death of a loved one. Only a long-standing, live-in partner, a spouse or dependent child can claim for the death and any losses arising from it. The estate of the deceased can bring a claim for any additional pain and…

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October

Speed Costs Lives - Slow Down!

11/10/22

A newspaper recently reported that when Edinburgh cut its speed limit to 20mph in areas across the city deaths fell by nearly a quarter and serious injuries by a third. The faster you go the harder you hit and the more damage you may cause. The recently updated Highway code reflects this and puts…

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July

Preventable Suicides - The Priory Group Failings

05/07/22

The Priory Group is the country's biggest independent provider of psychiatric services and obtains thousands of referrals from the NHS every year. Over the years the Priory Group has been continuously criticised by coroners and inquest juries for failing to keep patients safe. Following an…

Prevention of Suicide

01/07/22

Suicide is a national crisis in the United Kingdom, with over 5000 suicides in England alone in 2021. The impact of every single one of them undoubtably devasting. This has been demonstrated by the suicide prevention charity CALM's Southbank exhibition in June 2022. 'The Last Photo'. The…

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June

GDPR Low Value Claims Update. Meeting the threshold of Seriousness?

09/06/22

Although it still remains unclear as to what the tariff for compensation should be, where the de minimis threshold for a data breach claim is satisfied, it is clear to see that the High Court are taking a firm stance on imposing restrictions on low value cases, making them disproportionate to bring,…

One in 10 nurse posts in England are going unfilled

07/06/22

Royal College of Nursing (RCN) general secretary Pat Cullen said patients were going without the care they needed because of a shortage of nurses. Ms Cullen will set out her concerns in detail during her speech to the RCN's annual conference. It comes after the union gathered feedback from…

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May

The Motor Vehicles (Compulsory Insurance) Bill

09/05/22

On 21 February 2021, the UK government announced that it intended to remove the effects of the decision made in the case of Damijan Vnuk v Zavarovalnica Trigalev (C-162/13), ("Vnuk") from UK law. The Vnuk case involved Mr Vnuk who was a farmworker, was knocked off a ladder in a farmyard by a…

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February

Cogent Potency

10/02/22

Cogent potency is often used by the courts when considering claims brought by pedestrians against drivers of vehicles. Basically, it means the bigger you are, the hard you hit and the more damage you may cause. The new Highway code reflects this and puts the hierarchy of road users as follows: &…

No Legal Aid for Bereaved Families

02/02/22

A few weeks ago, the Government announced that means testing would be removed for legal aid to fund inquests in exceptional cases. It was hoped availability of public funding would be expanded to other inquest cases. Labour proposed some amendments to the Judicial Review and Courts Bill which…

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January

Cyclists pedal to middle of the road under new Highway Code

31/01/22

On Saturday the 22nd January 2022, the Government and Department for Transport introduced a new hierarchy for road users as part of the Highway code. Top of the list are pedestrians, followed by cyclists, horse riders, motorcycles, cars, taxis and lastly HGV's. Effectively each will have priority…

Fooling around at work

26/01/22

The Court of Appeal has just handed down a judgement in the case of Chell v Tarmac . Mr Chell was contracted to work at Tarmac as a fitter. Tensions arose between Mr Chell and fitters employed by Tarmac. One of the fitters decided to play a trick on him, by putting two explosive pellets on a bench…

Infections during Pregnancy

24/01/22

If an infection occurs during pregnancy and it is not managed properly it can have a serious impact on the baby. It is a risk factor for the development of Group B Streptococcus (GBS) in a newborn. This can attract pregnancy injury compensation claims where it has not been appropriately managed.…

Court of Appeal look at secondary victims

14/01/22

This week the Court of Appeal considered the issue of whether relatives in three separate cases, could claim damages after they witnessed the shocking death of a close relative when the NHS failed to diagnose their loved ones life-threatening condition. Paul v Royal Wolverhampton NHS Foundation Trust…

Cyclist and Pedestrians will get priority on the road over motorists

06/01/22

Lancashire Live reported in December that T he Highway code is about to change and motorists are urged to educate themselves. In relation to vulnerable road users. These are usually considered to be pedestrians, cyclist, horse riders, and users of mobility scooters. The main focus being on…

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