David Cameron Should Listen To The Dowler Family

I cannot imagine what it is like to lose a child in any circumstances, let alone the tragic circumstances surrounding Milly’s death.  To compound matters, they then have to face the fact that their lives were thrown into the spotlight yet again, by the actions of representatives of The News of The World.

Milly’s family have written to the Prime Minister urging him to abandon legal reforms that will prevent victims suing for compensation.  I hope he listens.   Over the last 35 years Ralli have acted for thousands of clients, who without the benefit of the much criticised “no win no fee” agreements, would not have had access to justice.

If we take for example a client of Farhanah Ismail’s, partner at Ralli. Ms X was being given a trampoline lesson. Under instruction which was not clear and correct, she suffered a terrible injury to one of her legs, resulting in her leg snapping and bending the wrong way round.

Ralli worked tirelessly to achieve the best possible settlement for her and despite the trauma of full court hearings following denial of liability, Ralli successfully settled her claim.   The insurers had the opportunity to settle at a very early stage but the matter resulted in a full trial, costing the insurers more in the long run.   Without funding, Ms X would not have been able to make this claim.  As a result of the accident, she has now been left with severe restrictions in her daily life. 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.

FA warns players over Tweets

Rob Illidge - Marketing Executive

The FA (Football Association) has warned players that comments made on any social media site may be considered public comment. They also warned that they could also be sued by third parties over “contentious internet postings”.

The FA stated: “Comments made on [social network sites] may be considered public comment, any comments which are deemed improper, bring the game into disrepute, or are threatening, abusive, indecent or insulting may lead to disciplinary action.

“Comments which are personal in nature or could be construed as offensive, use foul language or contain direct or indirect threats aimed at other participants are likely to be considered improper.

“Participants are required to act in the best interests of the game at all times and should be aware of this when using social networking websites.

“Furthermore, participants are reminded that postings on social networking sites which they believe to be visible to a limited number of selected people may still end up in the public domain, and consequently care should be exercised with regards to the contents of such postings.

“In addition, we would remind participants that social networking postings could also lead to civil proceedings being brought by affected parties.”

Ryan Babel, the former Liverpool striker became the first professional football player to be fined by the FA for tweeting a doctored image of referee Howard Webb in a Manchester United shirt, stating “And they call him one of the best referees? That’s a joke. SMH.” 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 »

Bribery Act Alert

The Bribery Act is due to come into force in April 2011 with a short consultation period which will begin and conclude some time before that date. The Act introduces four new offences:

1. Active bribery including giving or offering a bribe in the private or public sector

2. Passive bribery including agreeing to receive or accept a bribe, which also applies in the public or private sector.

3. An offence of bribing a foreign public official

4. A corporate offence which applies when a commercial organisation fails to prevent bribery Read more »

An Interesting Case (and a warning) for Retiring Shareholders in SME’s

Catherine Davies (Trainee Solicitor)

A very interesting case came in for my attention this morning. A  retired former shareholder/director of a private limited company was very concerned.

Back in 2006 he had managed to dispose of his 50% shareholding in the company under what is known as a “share buyback”. The price was quite substantial and would provide him with a retirement nest egg. It had all been attended to very properly under the statutory procedure. The company was in a satisfactory state in terms of net profit and liquidity at the time. So far so good . Client had already received half his money; but now the Company had stopped paying him. Alarm bells!!  Read more »

Fancy footwork

As featured in the Law Society Gazette, 3th June 2010.

With just over a week until the World Cip kicks off, it seems football fever is already take a vice-hold over the legal profession. Fancying themselves as solicitor versions of Wayne Rooney and Steven Gerrard et al (in football terms only, we stress), lawyers at Manchester firm Ralli have made an amausing video to show their support for charity Soccer Aid (which raises money for UNICEF to help children around the world) and to demonstrate their backing for England’s bid to host the 2018 tournament. Read more »

When to press that panic button…

Gillian Nuttall (PR & Marketing Manager)

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The first time I heard the expression “panic button” was around 25 years ago, when I felt unnerved by a reported burglary in my neighbourhood.  Unnerved enough to have an intruder alarm system installed in my house, the guy who installed it explained the benefits of having panic buttons, one by the bedside and one by the front door.  It made sense to me. 

If I was in a panic I could just press it and all hell would break loose.   I had visions of it being like a scene from The Bill, police cars arriving from all over the place, burglars in stripey jumpers carrying swag bags and jumping over hedges.  

Read more »

“Just nipping out for a loaf”

“Nipping out for a loaf” will probably become one of the phrases remembered in connection with the 2010 election.    Poor Gillian, had she known the furore that was about to occur, I’m sure she would have carried on to the shops, grabbed her loaf and made her way home.  

Only last week I was accosted in St Anne’s Square here in Manchester and asked if I would speak to some reporters.   Never one to be shy at coming forward, I agreed and started to perform for the cameras.  I think they got more than they bargained for, as I basically gave my very own,  word perfect, Party Political Broadcast!   After I had finished they asked me what I did for a living and the penny dropped when I explained I was head of PR & Marketing at Ralli.    I realise that they really wanted the genuine “man on the street”  but they just happened upon me!  Read more »