Using distant solicitors and claims managers to handle your injury compensation claim
Nick Mason looks at the risk from not using a traditional high street law firm offering a quality managed service. Many claims for personal injury arising in Newcastle under Lyme or Stoke on Trent are being sent out of the area to be handled by firms at the other end of the country who never […]
Another first class mess! Thank you European Court of Human Rights
Stephen Brookes reviews the decision of the Supreme Court in Coventry and Lawrence (2014). Coventry v Lawrence was a case which shows that determination counts for everything in litigation, and the capacity for the courts to create utter chaos in the operation of civil costs recovery remains undiminished. Lawrence and Shields occupied a bungalow a […]
Delaney v Secretary of State for Transport
There are estimated to be about 1.4 million uninsured cars in Britain and when an insured motorist driving carefully is in collision with a careless uninsured motorist it can be a real headache recovering compensation for injury and vehicle repairs. For many years, at the behest of Europe, member states have been required to have […]
Court defines extent of liability for aggressive or negligent employees (March 2014)
Where the dividing line should fall in cases of vicarious liability has often troubled the courts. Vicarious liability is a legal doctrine which states that an employer is liable for the negligence of the employee. But there can be cases where no employer would have envisaged the employee acting in a violent or abusive manner. […]
North Staffordshire firm fined for health and safety breach
The duty to safeguard a machine arises under the Provision and Use of Work Equipment Regulations 1992 particularly Regulation 11. On the 6th January 2014, a North Staffordshire employee has lost part of his little finger after his hand was trapped between the roller and belt at the end of a conveyor which was under […]
Poole V Wright, Chequered Flag Carting and Abbott (Dec 2013)
The law of negligence in the field of personal injury compensation claims is back under the spot light at the moment as a result of changes which I reviewed in October this year (21st Century Britain with 19th Century Health and Safety ) and now another case has established the boundaries of liability between friends […]
21st Century Britain with 19th Century Health and Safety?
Section 47 of the Health and Safety at Work Act 1974 provided that breach of a duty imposed on an employer concerning health and safety in the workplace ( duties enforceable by the Health and Safety Executive through the criminal law) would be also be actionable by a claim for compensation if a person had […]
The Death of Legal Aid Part II
Stephen Brookes sets out what is still in scope for legal aid funding following the Government’s attempts to deny access to justice to millions A Schedule to the Legal Aid Sentencing and Punishment of Offenders Act 2012 which came into force for these purposes on the 1st April 2013 sets out what types of case […]
Law Society Dismayed at Serious Cuts to Criminal Legal Aid.
Following the decision of Salmons Solicitors to withdraw from all legal aid work upon the grounds of unsustainable remuneration levels, there is increasing pressure for criminal defence legal practices. The Law Society Gazette writes; The Ministry of Justice has announced changes that undermine the fundamental duty of the government to fund access to justice for […]
Law Society Latest: Legal Aid Cuts too Deep
Donna Riley reviews the recent comments of the Law Society on the imminent legal aid cuts. The Law Society today backed Lord Neuberger, the president of the Supreme Court, who aired fears about the fact that from next month thousands of people will no longer have access to free legal advice after the government withdraws […]