Latest Dog Attack Highlights The Need For Review

This is a very sad story and my thoughts go out to the little girl and her family.

Full details of the incident are not known and it is unclear at this stage whether the dog had any prior history of aggression or was temperamental but in any case will do very little to dispel the view held my many that such breeds of dog are dangerous.

I personally do not believe it is necessarily the breed and I refer to my previous thoughts following the purported attack on a television star recently – http://tinyurl.com/7vl5xb9

I will not seek to vilify the dog owner but this is an area of the law that to my mind needs review.

Emmerdale Star ‘Attack’ Highlights The Importance Of Dangerous Dogs Act Review

The review of legislation regarding dangerous dogs, currently enshrined in the Dangerous Dogs Act 1991 and 1997 as amended, has been long overdue and pressure is mounting to either repeal current legislation with new, or amend it to make it more effective.

It is hoped new law would seek to impose tighter restrictions on those in charge of dogs, regardless of breed, to ensure that if a dog is dangerous or has history steps can be taken to monitor the same and impose sanctions in the event further incidences occur.  The same should also give the police and local authorities more powers to penalise those in breach to encourage responsible ownership. Read more »

Hair dye warning after Mother is left in coma

As a female I have used home hair colour kits in the past and it is usually taken as a given that provided you follow the instructions you will be safe.  Most women in fact have done the same and it is not something one would assume is or can be dangerous.

It is concerning to note however that simply colouring your hair can lead to such severe consequences and I am appalled that the ingredient responsible para-phenylenediamine (PPD) is still used in hair products in the UK.

There is clear evidence, not just in this case but in many others that the ingredient is highly dangerous and can cause severe reactions even in cases where a test has been done and no symptoms became apparent.

The ingredient is banned in some EU countries including France and I am of the opinion it should be banned in the UK immediately as there is scant evidence it is safe.

If you or someone you know has suffered as a result of a hair dye product contact Ralli for immediate advice on 0161 832 6131 or email enquiries@ralli.co.uk

Low Velocity Impact Argument Raised After 2mph Crash

Maria Penny (Associate & Personal Injury Solicitor)

It was reported this morning that scaffolders tried to claim thousands in compensation after a council van collided with their lorry – at less than 2mph. The full article can be read here.

Low velocity is an argument raised frequently in road traffic cases.  It essentially means that the speed of the collision was not sufficient to have caused injury to the occupants of the vehicle.

Such arguments are based on ‘studies’ carried out in controlled environments and each case will turn on its own facts.

What would injure you may not injure me and each claim must be considered carefully.  In this case it seems the claimants’ account of the injuries and losses sustained were found to be false and therefore the claims failed.

Costs orders will inevitably follow if a claimant is found to be untruthful therefore in a case involving arguments of low velocity it is imperative that you know your client/your case well.  GP records, a detailed statement from the client, witnesses, friends, and family confirming the injuries sustained, effect on daily living and any damage sustained to the vehicle, however minor, will all assist in establishing whether your client’s/your claim has merit and is likely to succeed.

Injured Parties Most Likely To Suffer Under ‘No-Win, No-Fee’ Reforms

Maria Penny (Associate & Personal Injury Solicitor)

The proposed changes with regard to abolition of success fees and payment of costs out of damages will benefit no one but the insurance industry.

The same are, to my mind, intended to placate the insurance industry and are not intended to increase or ensure access to justice.

Litigation is, certainly in cases I deal with, a last resort and is never entered into lightly.  Cases without merit are not freely litigated and a careful assessment of the risks should always take place as it is the solicitor concerned who takes the risk on behalf of the Claimant.

Litigation usually arises as liability is in dispute and the parties cannot reach agreement or, as in most cases I suspect, due to the fact the insurers fail to respond in good time.  This in itself drives up the costs of litigation and it is interesting to note that the insurers do not count their own failures and apathy as being a valid reason for legal costs increasing year on year. Read more »

Access to Justice – the right of every citizen

Martin Coyne - Managing Partner

By Martin Coyne – Managing Partner

In January 2010 the Report by Sir Rupert Jackson was published recommending far reaching reforms of the civil justice system. An election was looming, and this topic was not contained within either the long or short manifesto of the Conservative Party. The generally feeling was that the Jackson Report would be confined to the long grass and would not be on the top of the political agenda.

Astonishingly, in the early summer of 2010, the Prime Minister had a pop at the none existent “compensation culture” and wheeled out Lord Young to investigate reform of health and safety legislation and this alleged culture. The Young Report was published in November 2010 almost contemporaneously with the Civil Justice Green Paper which echoes many of the suggested reforms of Lord Justice Jackson.

At a private dinner during the MASS conference in Manchester, the Access to Justice Action Group (AJAG) was formed. Andrew Dismore was hired. Andrew was an MP for 13 years and a solicitor and partner for over 20 years at Thompson’s and Russell Jones and Walker. He was available, and together with Tom Lavelle, set about with myself and principally Darren Werth and others in establishing AJAG. Read more »

A response to ABI claims of ‘excessive’ personal injury costs

Maria Penny - Personal Injury Solicitor

In repsonse to the Law Society Gazette article Personal injury solicitors rebuff ABI claims over ‘excessive’ costs

I am astounded at the comments made by the ABI.

The entire system of handling low value RTA cases has been overhauled so as to implement a fixed costs system which will not take account of “claims management companies… racking up high legal costs”.  If a claim is worth less than £10,000 to include general damages (the compensation for the actual injury) and special damages (other financial losses excluding vehicle damage) and settles without the need for litigation base profit costs have been limited to a nominal figure agreed following consultation between Claimant representatives and the insurance industry. 

We have all had to change our system of work to accommodate the new process to include in most cases new IT systems and staff recruitment/retraining. The cost of the same has not been recoverable and has had to be swallowed by individual firms at a time when some practitioners are struggling to survive.  I would not be surprised if the cost of updating their own systems and processes is a factor which has driven up premiums. Read more »

Sofa Companies Leathered In Court

Richard Biggs (Personal Injury Solicitor)

Details of this interesting case broke in the media yesterday.

It concerned a group action by many hundreds of injured customers who managed to prove, on the ‘balance of probabilities’, that horrific symptoms they were suffering, which included breathing difficulties, were in fact being caused by their sofas. Read more »

Response to the Jackson review

Maria Penny (Personal Injury Solicitor)

The Jackson review and report is not, as yet, law but the report highlights several areas likely to be subjected to reform.

The main areas of concern for a Claimant are the suggested ban on recoverability of success fees from the opponent. Read more »

Richard Biggs’ weather warnings

Richard Biggs (Personal Injury Solicitor)

This winter has seen a significant rise in accidents caused by people either slipping on pavements or cars skidding on icy roads. We expect, as this article suggests, that this will give rise to a huge amount of potential claims.

The question is – will such claims be successful? Read more »