When a motorcyclist from Liverpool was hit by a car back in 2001 he probably couldn’t have imagined his case would end up being a focal point at the Supreme Court as a point of general public importance.

The Supreme Court has decided that a rule that protected expert witnesses through immunity for over 400 years should be scrapped allowing them to be sued in the civil courts. This is a decision that has been welcomed by personal injury solicitors in the UK.

The victim of the road traffic accident, Paul Wynne Jones of Liverpool, on the recommendation of the expert witness, had to settle for a much smaller settlement than would have been the case if he was allowed to pursue the driver for damages. Wynne Jones, unhappy with this, decided to go down the route of professional negligence and issue proceedings against the expert witness which was thrown out when a High Court judge ruled that the expert witness was entitle to immunity. The case eventually ended up at the Supreme Court where the landmark decision was made by a majority of 5 to 2.

Lord Phillips said of the decision: “All who provide professional services which involve a duty of care are at risk of being sued for breach of that duty. They customarily insure against that risk.

“It would be quite wrong to perpetuate the immunity of expert witnesses out of mere conjecture that they will be reluctant to perform their duty to the court if they are not immune from suit for breach of duty.”

Personal Injury and Professional Negligence cases often go hand in hand especially when the victim is unhappy with their damages. QualitySolicitors Keith Park’s Professional Negligence team will review your case which generally, after an initial discussion with you, can be carried out on a No Win No Fee basis. Our Personal Injury department can also assist by reviewing any previous personal injury claims you have made in the last 6 years to ensure that you got the maximum amount of compensation possible first time round.

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A 12 year old boy has won £8million in compensation a court battle that began shortly after Nathan Humphries, of Kidsgrove, Staffordshire, was born. The University Hospital of North Staffs NHS Trust have taken this long to take responsibility and settle the claim for compensation.

Nathan was left with cerebral palsy and epilepsy after the blunder on April 27th 1998 which saw midwives at the hospital fail to act on mother Beverley’s high blood pressure which led to her suffering a seizure (eclamptic fit) and Nathan being deprived of oxygen whilst in the womb.

Despite the settlement and an end to the long-running dispute, there remains an anger from the Humphries family towards the hospital and one midwife in particular.

After Manchester High Court approved the huge payout – one of the highest ever seen there – Nathan’s mother, Beverley, said: “There were a lot of good midwives but there was one who we blame and always will. I still feel angry that mistakes that should never have happened led to Nathan suffering a life-long disability.

“I am relieved that the settlement will mean that Nathan can be cared for in the way he needs, for the rest of his life.”

The family now intend to use part of the initial £3m instalment to buy a house that they will suitably adapt in accordance of their son’s needs. The rest of the settlement, which has been calculated on Nathan’s life expectancy of 67 and will be paid annually, has been index-linked to account for inflation.

A spokesman for University Hospital of North Staffs NHS Trust said: “While we appreciate no sum of money can be said to compensate for the injury that Nathan has sustained, the Trust very much hopes that the settlement has provided the necessary degree of financial security for Nathan for the rest of his life.”

Medical negligence occurs everyday, many cases going unnoticed and/or unreported. If you feel you have been the victim of medical negligence or if you need a solicitor for another reason QualitySolicitors Keith Park can help.

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• Criminal Law
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Over the past couple of years there has been widespread damage to roads and public paths caused by unusually cold weather conditions and, as a result, potholes have appeared throughout UK forcing the Government to announced additional funding of £100m for local authorities to deal with the problem. Potholes remain a concern and despite efforts to fix the problem many previously reported potholes still exist. This has naturally led to injuries to pedestrians and motorists which has consequently triggered a noticeable increase in personal injury claims in the UK.

The AA, who hold one of the largest databases of reported potholes, confirm that the problem of potholes have been the cause of many injuries, some serious and some even resulting in death. With cyclists most at risk of serious injury it is no surprise to hear that broken arms and wrists are commonplace after hitting a pothole.

The cost to the UK motorist in vehicle repairs each year has been estimated at almost £3 million. Damage to suspension, wheel axles and cracked glass are consequences that motorists have to deal with. Poor roads and potholes highlight the lack of funding for road maintenance, as does the fact that Local Authorities payout in excess of £50 million in compensation claims.

Local Authorities have a duty to act on potholes and poor road conditions within a specified length of time from the date the pothole was reported to them. If they fail in this duty and the pothole becomes the cause of an injury then they are held responsible and it is only right that the victim should receive damages to reimburse them for their outlay and injury.

On the question of increased funding for the repair and maintenance of roads and potholes, transport secretary Philip Hammond suggested that the funding should mean safer journeys with reduced risk of injury and damage “millions of motorists across the country have their daily drives ruined by potholes”.

If you have been the victim of a pothole, QualitySolicitors Keith Park would like to here from you. As experts in claiming personal injury compensation we are confident we can help you and you will keep 100% of your compensation.

A Chadderton school girl, has made a miraculous recovery after a horrific road traffic accident left her fighting for her life in intensive care.

Jesmin Begum a 14 year old school girl from Chadderton, was struck down by a lorry when she was crossing a road on her way to school.

Doctors told the family that she had only hours to live and to expect the worst, however both the doctors and family were stunned when she fought back and made such an incredible recovery.

Jesmin is said to be ready to go back to school after her terrible ordeal and join her friends again just a week after leaving intensive care. She is said to be looking forward to seeing her friends again and getting back to school. It has been reported that she will be studying part time and return to class for a few hours a day.

After the recovery from her road traffic accident Jesmin said: “I really thought it was all a dream. I can’t remember anything about it and am still a bit confused.The last thing I remember is going to buy my Eid clothes the day before the accident.

“I can’t even remember when I woke up. I’ve got a huge chunk of my memory missing and it’s been quite scary to hear how bad I was, but I’m just glad to be back.”

“I was really upset that I missed Eid and the start of school. I just want everything back to normal now.”

Source: http://www.injuriesdirect.com/news/?p=3011

A stunt performed at food festival by Lord Mayor, went horribly wrong when he tried to leap frog a colleague and landed on her.

Lord Mayor Jim Rodgers of Belfast, had been trying to do a promotion at a food festival with council worker Lorraine Mallon who was dressed as a tomato.

Mr Rodgers attended the food event along with a number of council workers who were dressed as a variety seasonal fruit and veg and were there to promote the food fair.

Mr Rodgers, who is in his sixties, agreed to hurdle Miss Mallon after he was egged on by photographers at the event. He took a short run up, slipped and was unable to jump over her causing him to knee her in the back of the head, leaving Miss Mallon in a lot of pain.

The stunt, which was originally done as a promotional photo shoot, left Miss Mallon in a lot of pain and caused her a slipped disc and as a result of her injuries she sued the council with accident at work claims.

The council ended up paying Miss Mallon £24,000 for her accident at work claims and both members were left with damaged pride.

Mr Rodgers apologised afterwards and reported: ‘I have been absolutely devastated. There had been three false runs and I think Lorraine thought this was just another one.

‘I just caught the top of her head and unfortunately I injured her.’

Source: http://www.injuriesdirect.com/news/?p=3013

A government watchdog has served ten councils with notices to improve asbestos safety in schools.

The Health and Safety Executive took action after assessing asbestos maintenance in 152 local authorities England. Experts focused their efforts on system-built schools which were constructed between 1945 and 1980, and were likely to have been fire proofed with asbestos.

Thurrock Council was the only local authority in the study that was handed a prohibition notice, which immediately shut down a boiler room and made it off-limits until the issue is resolved.

Elsewhere, 110 councils met the HSE’s expectations, while 42 required visits and ten were given improvement notices to be completed in set time frame.

The HSE has revealed that it will work closely with the ten local authorities in question to bring asbestos monitoring and management up to the necessary standard, as well as five other councils which were not given notices.

The local authorities being monitored are: Bedford – 1 improvement notice; Doncaster – 2 improvement notices; Harrow – failed to respond to survey and served 3 improvement notices; Kent – 2 improvement notices; Lambeth – 2 improvement notices; Medway – 2 improvement notices; South Gloucestershire – 1 improvement notice; Thurrock – 2 improvement notices and 1 prohibition notice on boiler room; Waltham Forest – 2 improvement notices; Worcestershire – 1 improvement notice.

Source: http://personalinjury.ffw.com/news/2010/sep/councils-warned-over-asbestos.aspx

The Ministry of Defence will increase the limitation period during which troops can claim compensation for personal injuries suffered during active service, as part of a series of changes to the Armed Forces Compensation Scheme announced this week.

The change is just one of several recommended by the Armed Forces Compensation Scheme Review earlier this year. The majority of the changes that were recommended require legislative amendment to the Scheme and will be implemented by February 2011, but some changes can be made more quickly and will take effect from 3 August 2010.

The improvements include:

• An increase in the period in which injured servicemen and women can claim personal injury compensation from five year to seven years from point of diagnosis (effective 3 August).
• An increase in the maximum level of Bereavement Grant from £20,000 to £25,000.
• An increase in the maximum level of Bereavement Grant for reservists who are not members of a reserve forces pension scheme to £37,500, to help bring their benefits in line with their regular forces colleagues.
• An uplift of the majority of awards for hearing loss by one tariff level.
• Awards already made since April 2005 will be automatically revisited and will receive an uplift after all recommendations have been put into legislation.

The Met Police have apologised to two brother students and agreed to pay £25,000 in personal injury compensation.

Ashley and Russell Inglis were involved in protests at the Israeli Embassy in London on 3 January 2009 when the assaults took place. The Metropolitan Police have apologised and paid £12,500 each to the twin brothers for the unprovoked assaults which took place by police officers in the course of the protests outside the Israeli Embassy in London. Ashley Inglis initially wanted an apology from the police and complained to the Independent Police Complaints Commission (IPCC) and the Met. The Met ruled that there was nothing to answer as officers could not be identified and the incident had not been filmed by the police.

So a civil injury compensation claim against the police was brought and the Met eventually conceded and sent a letter apologising for the injury. A CCTV camera at the Royal Garden Hotel in Kensington had captured the incident. Russell Inglis said: “We presented no threat whatsoever to the police. We were simply exercising our democratic right to peaceful protest.” Michael Oswald of Bhatt Murphy solicitors, the solicitor for Ashley and Russell Inglis who handled the case, said: “The apology and the sums paid to our clients in satisfaction of their claims go some way toward the vindication and accountability they have sought.

“However, it is significant and regrettable that their attempt to achieve those objectives through the statutory police complaints system in the first instance came to nothing, and that they were required to bring their civil claims to compel the Metropolitan Police Commissioner to recognise the wrong that had been done.” Michael Oswald is an assistant solicitor in the police law team at Bhatt Murphy Solicitors, London and works with clients who have been subjected to misconduct at the hands of the state. The focus of his work is to enable his clients to achieve the redress they seek for the misconduct they have been subjected to.

Ashley Inglis was one of 17 complaints during a month of pro-Palestinian demonstrations which were filed with the Independent Police Complaints Commission. All were referred to the Met DPS- Directorate of Professional Standards. None resulted in any disciplinary action against an officer. The brothers claimed they were attacked without reason and suffered blows to the head. They proved they were presenting no threat at the time and were exercising a basic democratic right to protest. They claim the police who hit them tried to cover up the identifying numbers on their shoulders.

It was also reported at the time that the demonstration was not entirely peaceful on behalf of all protesters as video coverage showed. The Metropolitan Police suffered injuries to 55 of their officers that day. 76 people were arrested and charged with several offences, including violent disorder, during the series of Gaza demonstrations.

Source: http://www.personalinjurybureau.co.uk/headline/protesters-win-25000-injury-compensation-case-against-metropolitan-police

Insurers are detecting more fraudulent insurance claims than ever before according to figures released by the Association of British Insurers (ABI).

The ABI says that last year more than 2,000 dishonest insurance claims worth more than £16 million were detected every week, with many claims coming from bogus personal injury compensation claims. Nick Starling, the ABI’s Director of General Insurance and Health, says: “Reducing fraud remains an ongoing battle for the insurance industry. Our honest customers rightly object to having to pay higher premiums to subsidise the fraudulent minority, which is why insurers continue to up their game in the war on the cheats.

In a strong attack on bogus claims, Mr Starling continues: “Whether claiming against a third party for bogus personal injury or on their own insurance, fraudsters are more likely than ever to get caught, leading to more expensive and harder to obtain insurance and credit and the possibility of a criminal record.” Some of the 8,500 dishonest liability claims exposed involved bogus personal injuries such as a man who claimed he had fractured his hand after falling over a pothole in the street; when in fact he had sustained the injury after he punched a wall during a domestic dispute; which was a well reported case.

ABI figures show that in 2009 there were 122,000 fraudulent insurance claims uncovered which is up 14 per cent on 2008. The value of these claims, at £840 million, rose by a significant 14 per cent on the previous year. A total of four per cent of all claims by cost were fraudulent. This is similar to 2008, although double the figure of five years ago. The overall rise in dodgy insurance claims is seen as being due to a combination of insurers becoming increasingly sophisticated in their fraud detection, as well as an increase in the number of people submitting misleading claims due to the economic downturn.

With regards to personal injury claims, in particular, the ABI has identified a rise in the number of people attempting to claim against their local authority for injuries they said they sustained in accidents in the street. The ABI is the voice of the insurance and investment industry with members constituting over 90 per cent of the insurance market in the UK and 20 per cent across the EU. The ABI report follows a report by the Association of Personal Injury Lawyers (APIL) earlier this month warning consumers about what has become known as ‘third party capture’, a practice which involves insurance companies settling a claim directly with a personal injury victim of a policyholder, without the victim receiving independent legal advice.

An elderly Greek man has been awarded more than £110,000 in compensation after a Swedish dairy used his picture on a yoghurt pot.

The 77-year-old with his long greying moustache and red hat is a distinctive and colourful image depicting the Turkish recipe yoghurt pot. However the man took exception having his image exploited for commercial reasons, and especially as the case involved a Greek man in traditional dress on a Turkish yoghurt pot, which can be understood against the backdrop of the rivalry and conflict between the two nations going back for centuries.The man’s photo features on pots of Lindahl Turkish yoghurt, a popular yoghurt in Sweden.

A Greek friend of the man living in Stockholm told the man, Minas Karatzoglis, that his image was being widely distributed throughout Sweden on the pots. The row has also brewed into a Greek vs. Turkish rivalry in the two countries’ media with the Greek man taking legal action. The main legal point is that his photo was used without consent, After discovering his photo had been used without consent, and in this case for commercial use, he was entitled to seek compensation. The compensation transaction is reportedly between 1.5 million kronor – £110,000 – and 2 million kronor, which includes lawyer fees, the diary has revealed.

“We reached an agreement and everything has been signed by all parties. We can use his picture on all of our products, including on the Turkish yoghurt,” purchase manager for the Lindahl dairy, Tomas Axelsson, said.

The dairy, based in Joenkoeping, Sweden, said the compensation claim came as a shock. The company had bought the photograph in good faith from an image library. The story shows the legal dangers of using images without permission. Image copyright comes into existence at the point of creation so under normal circumstances the photographer will own the copyright for his or her work. While there is no general legal requirement to obtain someone’s right to take his or her photograph there are situations where photography can infringe on legal protections though, such as protection of children, national security, privacy laws, etc.

It is quite a complex legal area as many of these situations will have different laws in different countries, with different national laws and regulations. However, it is certainly unethical as well as illegal in many situations to exploit a person’s image without his or her consent. Not knowing you were not doing wrong is no defence. Basically, ultimately a picture can be taken without permission in most cases, but what is done with it as in this case can lead to legal actions and compensation if the integrity of the image is not protected.

The man says he was not against his face adorning the pots although he was surprised to get a call from a friend informing him. It was more that the yoghurt pot was branding him as Turkish. “For my client that was perhaps the biggest insult,” his lawyer said, a serious point which shows the sensitivity of national identity in such a case.

Source: http://www.personalinjurybureau.co.uk/headline/greek-man-wins-compensation-in-yoghurt-pot-case

U2 singer Bono has recovered from his back injury and U2 are preparing to tour again, including rescheduled dates following on from cancellations from earlier this year. Following Bono’s recovery from back surgery, the band are now preparing themselves for the opening dates of the U2 European Tour which kicks off in Turin, Italy next month. The singer has spoken for the first time about his back injury which he described as: “not a lot of fun.”

U2 had to pull out of their headline slot at the Glastonbury festival in June after Bono suffered his serious back problems, leading to emergency surgery. Adam Clayton, Larry Mullen, The Edge and Bono have now filmed a message for fans at U2.com declaring their return and thanking fans for standing by them. The band have also released full details of the rescheduled tour dates in the US and Canada which were postponed because singer Bono underwent his emergency back treatment.

The North American leg of their 360 tour had been due to start on 3 June in Salt Lake City but Bono had to undergo surgery in May.

Live Nation Entertainment have announced that the U2 360 tour dates in the US have all been rescheduled for Spring and Summer 2011 with all tickets being valid at the rescheduled performances.

New dates begin in May 2011 in Denver and end on 23 July in Minneapolis. The U2 2010 European tour, which has not been affected, begins as scheduled on August 6 in Turin. The new concerts were announced on U2′s website, where Bono spoke exclusively about his injury and thanked fans for their patience after being inconvenienced by the ticket cancellations. He also said that lying on a bed staring at the ceiling during his recovery had forced him to think up some great songs which the band may play live.

Earlier in the video guitarist The Edge joked that he had been looking around at other singing talent, referring to his appearance at Glastonbury with Muse but said that he decided the band had the best singer in Bono “He’s looking very well right now,” he said, introducing Bono. “I can sit, I can stand, I can move around a bit,” said Bono. “I’m feeling strong, feeling confident – know what I am saying – and ready. I’ve been rebuilt by German engineering better design I am told,” the singer joked, referring to his emergency surgery at Ludwig Maximilians University (LMU) Hospital in Munich following the back injury.

Bono suffered severe compression of the sciatic nerve including a serious tear in the ligament and a herniated disc. Bono added: “I’m going to be fighting fit next summer in the US. Looking forward to this summer in Europe. I actually wanted to apologise for the trouble that this injury has put you all through. Those of you who bought tickets, organised hotels, travel plans, it’s a very big deal. People go to a lot of trouble to get U2 tickets and we don’t take that for granted.”

U2’s manager Paul McGuinness also thanked fans for their ongoing support: “We are delighted the dates are rescheduled and in all the same venues we originally planned to play. It hasn’t been easy to accomplish this and I’d like to thank the managers of the many venues and sports teams across North America and Live Nation Global Touring for their help and cooperation in making this complex new plan possible. “Above all we want to thank the U2 fans for bearing with us. They are the best and the band wants to get back to where they belong, surrounded by their audience.”

The U2 360 Tour is produced by Live Nation Global Touring and sponsored in 2010 by BlackBerry. Full dates and ticketing info can be found at the U2 website.

Source: http://www.personalinjurybureau.co.uk/headline/bono-recovers-from-back-injury

There are 31 million cars in the UK, and this figure is growing every year, with 71% of the population having driving licences – more than ever before.  Whether people are travelling to work, to the shops, to schools or on holiday, cars are the transport option of choice.

With the popularity of cars growing, people are putting themselves in danger when they get behind the wheel.

Over 290,000 injuries are caused by car accidents every year in the UK, the main cause being human error, which accounts for 95% of road accidents.

We have a range of services that we offer to people who have been injured in a road accident that was not their fault:

Compensation expertise from personal injury solicitors who specialise in a range of injuries, including whiplash, head injuries and back injuries.

* Free replacement car
* Free vehicle repairs
* Free legal advice and assistance for both car accident and motorcycle accident casualties

The chances are high that a driver will be involved in a car accident sometime in their driving life, whether it is their fault or not.  We help people who have been injured in a car accident that was someone else’s fault get compensation for their injuries and for the financial losses they have suffered.

Cost-free compensation

We understand that many people worry about the costs incurred by legal proceedings, but you undertake no financial risks when making a compensation claim with us. You will not be asked to take out a loan, and you will not be liable to pay any costs or fees whatsoever, whatever the outcome of your car accident claim.

Some companies can take up to 40% of your compensation in deductions. We guarantee you will receive every penny of the compensation you are awarded – no deductions.

Free legal advice after a car accident

If you have been involved in a car accident that was not your fault, take advantage of our free, no obligation legal advice. We will give you a free claim assessment and answer any questions you may have about making a car accident claim.

To find out more about making a no win, no fee compensation claim with the car accident experts, get in touch with us today. We’re here to help you 24 hours a day and will gladly answer any questions you may have.

If you have been injured in a car accident that was not your fault, we can help you get compensation for your injuries and the losses you have suffered as a result of the accident.

For consumers the advent of “Tesco Law” with the promise of low or fixed fee legal services may be a welcome relief.  This is especially so in an environment where consumers seek value for money, but how do you measure value?  Solicitors and Barristers have for many years charged their time at a set hourly rate.

Recently the Master of the Rolls predicted that Tesco Law would remove from the market place the “billable hour” and replace it with fixed fees.  Any lawyer who has worked with fixed fees will know that this does not automatically mean low fees.  What consumers are acquiring is a great deal of expertise backed with years of education and continuous training in order to provide the commodity that they seek.

Tesco are clearly experts in the field of providing mass products at low prices but anybody who thinks that a legal service is akin to a can of beans is in for a shock.

The only way that low or discounted fixed fees are going to come about is by the services to which they relate being provided by lesser qualified individuals.  The Legal Services Act 2007 will do little I suspect in providing the safeguards around ‘non-law firms’ to ensure quality of products, which standards lawyers have had to aspire to under the Code of Conduct 2007 and its predecessor.

The only saving grace for traditional law firms with the dawn of ‘Tesco Law’ is the potential to ultimately market for mass Professional Negligence claims against the providers of volume, remotely accessed legal services at low prices.  Such suppliers, in trying to produce these services cheaply, may do so as a consequence without sufficient regard for quality. That quality having been achieved traditionally by reason of the work being done at reasonable hourly rates, reflecting the many years expertise and qualification which apply to such areas of work.

Ask any law firm who have had to advise families whose deceased relatives have used certain ‘Will writing companies’ only to discover that the Wills are negligently drafted or the companies no longer exist and didn’t carry Professional indemnity insurance.

There is a well known and perhaps suitable adage to be applied in this context that you only get what you pay for; let’s hope that consumers are more discerning about the acquisition of legal services than they are cans of beans.

Nick Hall
Keith Park Solicitors