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 »

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 »

Say Goodbye to CBIT

Victoria Johnson (Personal Injury Partner)

As from tomorrow, 23^rd March 2011, the CBIT will officially use its full name The Child Brain Injury Trust and will launch their brand new image at the No Limits Conference in Birmingham.

Established in 1991, the Child Brain Injury Trust helps children, young people, their families and professionals to come to terms with what has happened and how to deal with the uncertainty that the future holds.

The launch will also celebrate the new look website and address www.childbraininjurytrust.org.uk which will go live on Wednesday 23^rd March.

Firm fined after worker suffers sulphuric acid injury

Maria Penny (Associate & Personal Injury Solicitor)

I read yesterday that a  company has been fined after one of their workers suffered acid burns to his face and neck as he tried to unblock a sink. The full story can be read here.

Every employer is under a duty to ensure that risks are assessed and that adequate training is provided to employees.  Clearly in this case the necessary risk assessment was not conducted to ensure Mr Kelly was carrying out his duties in a reasonably safe manner and furthermore the clothing he was provided with was completely inadequate considering he was working with sulphuric acid.

Whilst we all have a duty to take reasonable steps to ensure we do not unduly expose ourselves to risk it is difficult to see what Mr Kelly could have done in this case, he used the paper overalls provided and presumably carried out the task in the usual way.  What is clear is that his employer did not ensure that he was carrying out the task safely by providing adequate training and failed to protect him, where possible, by providing suitable overalls.

We all know that accidents can and do happen, and whilst I am not advocating a ‘nanny state’ simple steps must be taken to protect us all where possible at work.  Had the company concerned carried out a risk assessment, provided training and suitable clothing the accident may have been prevented or at the very least Mr Kelly’s injuries may have been less severe.  Such steps do not cost very much to carry out and certainly would amount to much less than the fine levied by the HSE and any additional costs which may follow from a civil claim for personal injury.

Grave day for justice in this country

James Reilly, Associate at Ralli, gives his views on Naomi Campbell’s recent case.

James Reilly, Partner & Personal Injury Solicitor

The most obvious comment is that the Mirror Group lost the original action.

 “We are disappointed to have lost the breach of confidence claim on a story which everyone agrees was in the public interest and which we have fought to defend for 10 years.”

They blatantly feel aggrieved that they lost as they have been fighting for such a long time and have clearly deployed significant resources to do so.  As the Defendant took the case to a trial and lost, they are obliged to pay a success fee of 100%. The Defendant believed they would win the original action and I would wager the fact that they could still print articles regarding a high profile case was more than a passing consideration in their motivation to defend.

The conduct of the litigation was in the Defendant’s own hands; it is a hugely profitable organisation and could have settled this matter at any stage. Read more »

And that’s what I think…

James Reilly - Personal Injury Partner

The Mirror recently published an article regarding personal injury including an old quote by David Cameron. The full article can be found here: http://tinyurl.com/4c9b7un

However he regretfully still wasted public money in commissioning the heavily discredited Lord Young of “you’ve never had it so good” infamy to report on health and safety and the ‘compensation culture’.

The reports only accurate statement was that the ‘compensation culture’ in terms of personal injury claims is a myth based around media hype generated by the insurance industry and TV adverts.  It is not a crime for any private industry to advertise. The increased advertising is merely a sign of a competitive market as the number of claims has diminished. Read more »

New iPhone app gives personal injury lowdown

personalinjury.co.uk launch iPhone app

Accident victims can get free on the spot information about possible compensation claims using a dedicated iPhone app launched by specialist website www.personalinjury.co.uk.

Using the latest technology, advice on compensation claims can be downloaded at the touch of a button to give instant guidance. The app gives jargon-free information on the claims process using frequently asked questions. 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 »