Waste collection fatalities lead to fines and costs totalling over £1 million for 2 organisations

Two recent decisions have highlighted the heavy levels of fines that the courts will impose for fatalities arising out of breaches of the Health and Safety at Work Act.

In one case Peter Coleman (54) died after becoming trapped underneath a refuse collection vehicle in 2014.

The court heard that the incident happened when Mr Coleman was collecting waste from a leisure complex.

Local Authority not liable for Bryn Alyn Abuse

Decision: the relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.

In the case of SKX v Manchester City Council (2021) EWHC 782 (QB) handed down on 31st March 2021 Cavanagh J held that in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential home known as Bryn Alyn at which it placed the claimant.

A Summary of the new Pre Action Protocol for Personal Injury Claims below the Small claims Limit in Road Traffic Accidents

Aka Whiplash Reforms or RTA Small Claims Protocol

Financial Limits

For road traffic collisions occurring on or after the 31 May 2021 a new protocol and new small claims limit for injury of £5000 will apply. There is a total limit of £10,000 applicable for each claim.

Damages Excluded

Non-protocol vehicle costs such as credit hire and credit repair credit storage and subrogated losses are excluded. In short, any monies owed to a business or organisation.

Practical consideration of whiplash reforms process

We have previously reported on the long awaited MOJ reforms for whiplash claims arising from road traffic accidents. The Government initially announced the reforms back in 2015 and they are now, at long last, to come into force on 31 May 2021.

School fined after member of the public sustains fatal head injury in fall

A school has been fined after a member of public tripped over a retaining wall and sustained a fatal head injury.

Peterborough Magistrates' Court heard how on 17 February 2017, a family member attended The Leys & St Faith's Foundation School in Cambridge (an independent school) to watch an evening performance.

MOJ announces smaller than anticipated increase to small claims track for EL and PL claims

In a statement made in advance of the House of Lords' debate on the whiplash reform programme (reported on elsewhere in our E April Newsletter) Justice Minister Lord Wolfson of Tredegar reaffirmed the Government's commitment to the RTA reforms but also indicated that the proposed increase to the Small Claims Track limit for other personal injury claims would not be to £2000 as originally planned, but instead would be limited to £1500.

As of 1 March we will centralising our post systems

Our new PO Box number is 686, Blackburn BB2 9QY

and our DX is 17952, Blackburn 1

Please only use these numbers going forward.