legalshout

Changes to Claim allocation - Will this really benefit the Defendant?

2009-02-02T21:13:00.004Z

The Civil Procedure Rules (CPR) are due to be updated with many of the changes coming into force on 6th April 2009. The changes to the Rules in this 49th update can be viewed on the Ministry of Justice's website.

A significant change to the (CPR) in my line of work is to Part 26 and the allocation of cases to the small claims track, fast-track or multi-track dependent on the value of the claim.

The small claims track applies to claims excluding personal injury where the claim's value is less than £5000 or where damages for personal injury exceed £1000. This will not be changed.

The majority of personal injury claims however fall within the fast-track, this used to be for claims that fell outside of the small claims track but that did not have a financial value of more than £15,000. All claims with a value in excess of £15,000 were allocated to the multi-track.

Under the updated CPR after 6th April 2009 the fast-track financial limit will be increased to £25,000.

Working within the personal injury sector I envisage some difficulties with this change and would instead recommend an increase to the small claims track limit for personal injury claims, which has been rejected.

Firstly in relation to the increased limit for fast-track claims, a Defendant cannot currently obtain their own medical evidence in relation to the Claimant's alleged injuries unless it is a multi-track case or they make an Application to the Court. Whilst this will not be necessary in all cases, if an injury is complicated or where the Defendant has serious concerns over the nature or causation of the Claimant's injury, obtaining medical evidence from your own expert is advantageous. Unfortunately some medical experts can be biased towards the Claimant (or the Defendant) and others do not provide sufficient reports to alleviate any issues/concerns.

Taking into consideration the increase of the fast-track limit to £25,000 along with the nature and/or complexity of the injuries the Claimant would have to incur to exceed this new limit, I believe that Defendant Solicitors are likely to be disadvantaged.

In my opinion it would be more beneficial to increase the small claims track for personal injury claims. Currently the limit for these is only £1000 and taking into consideration the recent JSB guidance, only whiplash type injuries persisting for less than 1 month fall within this track. With the JSB guidelines increasing the valuations in each revision, should the Court system not increase their banding to match this?

A typical whiplash injury lasts between 6-12 months with a proportion persisting for up to 2 years post accident. With the recent JSB guidance providing for damages in the region of £2750 for a simple 12 month whiplash injury and £5000 for a 2 year whiplash it could be the case that we no longer see any personal injury claims that fall within the Small Claims Track, thus continuing to increase Defendant's Solicitors costs.

I am sure someone from the Claimant side's views would differ...

Responding to a Claim Form and the Deemed Date of Service

2009-02-02T19:48:00.003Z

Under Part 6 of the Civil Procedure Rules 1996 (CPR) when a Claim Form has been served on a Defendant, the Defendant has 14 days to respond from the date of service. The Defendant must either:

1. Admit the whole of the claim; (for example agreeing that a payment should be made)
2. Dispute the whole of the claim; (e.g. disputing liability for the claim) or
3. Dispute part of the claim (e.g. admitting liability but disputing the sum of the claim)

If the Defendant intends to dispute any part of the claim but does not respond to the Claim Form by either filing an Acknowledgement of Service or Defence within the 14 days, the Claimant may obtain Default Judgment against the Defendant (Part 12 CPR).

For example further to a road traffic accident the Claimant may issue Court proceedings to recover his damages, if the Defendant does not respond to the Claim Form within 14 days of service the Claimant can enter Judgment in default against the Defendant regardless of whether liability for the accident is admitted or disputed by the Defendant.

Where a Defendant has not responded and Judgment has been filed by the Claimant, the Court will automatically find in favour of the Claimant, without a trial taking place. If the Defendant wants to contest liability he will then have to make an Application to the Court to get Judgment set aside (Part 13 CPR).

It is therefore extremely important if you receive a Claim Form to respond to the Court within the given time. If you are not legally qualified you should consult a Solicitor or your local Citizen's Advice Bureau (CAB).

Where an Acknowledgement of Service is filed, the Defendant is given a further 14 days to submit a Defence to the Claimant's claim. Filing the Acknowledgement therefore gives the Defendant 28 days in total from the deemed date of service to file a Defence. This is particularly a good option where the Defendant needs to seek legal advice or a solicitor needs to take further instructions from their client before finalising the Defence.

When is the deemed date of service?

This may differ in certain cases so it is worth checking what information is included with the Claim Form and in practice on receipt of a Claim Form a Solicitor will telephone the Court to confirm this.

Prior to the implementation of The Civil Procedure (Amendment) Rules 2008, the deemed date of service for a Claim Form served by post was the second day after posting. i.e. if the date of posting was 25th June, the Claim Form would be deemed served on 27th June.

The rules as amended in 2008 however now provide that service does not occur until two “business days” after dispatch and therefore weekends are no longer counted. i.e. if a Claim Form was issued on a Thursday, the deemed date of service would not be until the following Monday. This rule applies regardless of the means used to serve a Claim Form. Documents other than a Claim Form are deemed served 2 days after dispatch regardless of the method.

One particular case I have come across that is slightly different to the above is where the Claim Form has been issued by the County Court Bulk Centre. In this case the included information provides the date of service as 5 days after the issue date detailed on the Claim Form. Proceedings issued from the Bulk Centre are usually simple debt collection matters which in the main is undefended.

Further information can be found on HMCS's website

How to fight Council planning applications - Part 4

2008-12-31T15:46:00.005Z

Part 4 - The Ombudsman

Firstly I must apologise for the amount of time it has taken to provide the final post on this issue. However despite initially making a complaint to the Local Government Ombudsman (LGO) in February, it took until November for me to receive any reply. The investigator advised that he had been out of the office over the summer and the complaint was not dealt with in his absence.

I initially sought the Ombudsman's assistance on behalf of the local residents when there appeared to be evidence of pre-determination. This evidence was not surprising to many residents – was it possible for a Committee to make an impartial decision, when they in fact act within the body making the proposals (i.e. the Council)?

The Ombudsman did nothing to investigate the complaint despite being presented with the evidence.

After the decision I contacted the LGO again (March), in reply I was advised to contact the offending Council direct with my complaint. This apparently was the required procedure except in exceptional circumstances, further to which if the matter was not resolved I should contact the LGO again. As the Council had not adequately investigated/responded when the issues were raised on a number of occasions during the planning process, I wrote to the Ombudsman declaring that this was in fact an “exceptional circumstance” and that an independent review was required. It could not be accepted by the local residents that the Council could find any malpractice on their own behalf.

The Ombudsman ignored this request and advised that the complaint had been referred to the Council to be dealt with via the Council's own Complaints Procedure.

The Council “investigated” the complaint and determined that their practice/policy was not to pre-determine applications.. The Council's response failed to provide any evidence to indicate that a full/proper investigation had been undertaken and they continued to quote doctrine (i.e. what “should” happen) rather than address what had “actually” happened.

I referred the matter back to LGO (May) repeating our request for an independent review. Their response (when finally received) was that having “investigated” the complaint, there was no evidence to suggest pre-determination (not commenting on that provided). In addition we were advised that public money “could not be wasted” solely because a decision had not gone our way.

No evidence has been provided to suggest that this matter was fully looked into and many people have questioned how independent the LGO actually is.

From this website you will see that there are many other people with the same concerns

Over 150 local residents situated at and around the proposed site objected to the plans, the Councillors (none of which were local) approved them. Do we really live in a democracy?

How to fight Council planning applications - Part 3

2008-07-06T22:16:00.005+01:00

Part 3 - The Decision

Unfortunately the decision did not go in our favour and I hope you have better luck. You may wonder whether there is any right to appeal against a decision made by the Committee... well there isn't, unless you are the person making the application and the application is refused.

Be prepared that despite your arguments and the number of objectors the Committee may still approve the plans. The best you can do is try.

The only TIP I can add here is to make your views of the decision known; for example everyone who has attended should get up and leave whilst the Committee are trying to move onto the next issue, noisily if you wish.

Don't be afraid to make comment on the decision as you leave, it is one of things I regretted after all the work and stress I went through and having represented over 100 people:

it allows you to express feelings couldn't put across professionally during the allocated representation slots – don't be constrained by their “process”, you no longer have to adhere to the process, but they still do

it makes them aware you will continue fighting despite their decision

it allows you to have the final say

The most important thing is that they are there to represent you – they are not judges (no matter how much they may act like it), so if they belittle you or tell you to quieten down when leaving make them aware of this! They only deserve your respect once they have earned it. That said don't resort to violence or personal attacks!

One thing I have not yet addressed with respect to the application process is the role of the press. At the Committee meeting there is usually a member of the press (local paper normally) taking notes and you may find that comments you have made within your representations are used if they write it up.

TIP – identify the press and pass a copy of your representations to them – this enables them to provide an accurate reflection of your main points and may include something they have missed. They may actually approach you afterwards to take your contact details. Some of my representations were included in our local paper's article.

If there is objection within the community with respect to the planning application, you may need to make the decision whether to approach the press yourselves. This may be of some benefit if the larger community objects to the plan or they do not understand the true implications of the proposals. It is for you to make the decision, but be aware that the press may become involved whether you choose to contact them or not.

On the other side of the coin however, bringing the press in could also be to your detriment. If other members of the community approve of the plans they may also choose to contact the Council to show their support, as I have previously advised a supporting representative can also speak at the Committee meeting, this does not have to be the person/company/department presenting the application. Unfortunately those who show their support will cancel-out those who object and may actually be more highly regarded by the Council. One of the main arguments the Council used to counter our objections to the proposals were that they would benefit the wider community, despite the local community, those actually around the proposed site objecting to it.

TIP– whilst there may be no real argument against the potential benefits to the community, it could be argued that the site is just not a suitable one; i.e. in our case building a youth centre on a private estate directly behind retirement homes. Therefore in your arguments enforce that there are better sites for the proposals to be located.

Finally once the decision has been made, if you are unhappy with how the Council has handled the planning application process don't give in. Throughout our application the question kept being raised with regards to the Committee's impartiality given that they are part of the Council and the Council is making the application. It will always be harder to oppose an application put forward by the Council than an individual for a number of reasons. I am not saying that there will be any impartiality/pre-determination issues but if there is any evidence of this you should complain to the Local Government Ombudsman who can investigate. Keep up the pressure, if not for you, for future people that who will also need to deal with the same planning department. The more complaints raised in the long run about unfair/impartial department decisions the more likely it will be dealt with. This is our current route and I will try and keep you posted.

Go to the LGO Website for more information.

How to fight Council planning applications - Part 2

2008-06-28T23:12:00.006+01:00

Part 2 - The Committee meeting

Once the consultation period is complete, if you have raised an objection to the application you will be invited to the Planning and Highways Committee meeting. It is at this meetings that the planning application will be decided.

At the Committee meeting one person from each side, supporting and objecting, will have the opportunity to address the Committee for a 2 minute period.

TIP - Nominate one person to speak and gather details of everyone's objections – the more reasons for refusing the application you can hit them with the better.

TIP - Rather than solely raising the concerns objectors have, try to find policies which the planing application violates and therefore why the application should not be approved – for example we found several Unitary Development Plan (UDP) Policies contravened by the application's plans and by raising these achieved additional parking spaces and an access route to the site – these details were found on the Council's website.

In our case the Council put forward a report to the Committee prior to the meeting (which I think is common practice). Along with details of why the plans should be approved it detailed the number of objections and the concerns raised. However it also gave them a chance to counter these - albeit in our case they didn't address the main issue in question; the residents' concerns were about the security of the area (such as residents' property) and the Council responded with the security of the proposed site.

TIP - This report was published on the planning website and also handed to us just before the Committee meeting, however a copy was also sent directly to me when I raised my detailed written objection to the Council. N.B. It took a long time for a lot of the documents to be uploaded to the site - it is therefore worthwhile requesting a copy after the consultation period.

After both parties have made their representations the Committee members will then discuss the application based on what they have heard. Further to this the Chair will ask members to indicate whether they approve or reject the planning application and a hand show vote will be taken.

It is possible that the Committee meeting will be deferred either before representations are made or after them to enable further information to be sought. In our case it was deferred twice, once when Committee members were made aware of the number of objectors and then again to allow further consultation with the residents and for the applicant to submit a change of plans.

TIP - Until the decision is due to be made any further objections may be considered – if you need a few more petition signatures or other objections use this time wisely. Also if there are any companies which you believe have not been consulted which should be contact them and ask them to put any objections in writing – businesses/money should have a greater influence than an individual.

TIP - If you do get more than one chance to make representations try and always attack from different angles, if the Council have received written objections they are likely to know the reasons for your objection, there is no point repeating the same thing each time. As mentioned above try and find flaws with the plans especially where approval would be contrary to Council policy, try to gauge what the argument for approving the plans will be and try to counter them and raise any conduct issues i.e. lack of consultation/pre-determination.

TIP - Last but not least be sure you know the correct time and location of the meeting, I have heard of situations where times/locations are changed last minute and those who wish to attend the meeting are not advised. In our case our meeting was moved to another room on a different floor of the Town Hall, whilst many of us were waiting outside of the original allocated room.

See you for my next blog post part 3 - The Decision.

How to fight Council planning applications - Part 1

2008-06-03T15:59:00.021+01:00

This is the first instalment of a four part series detailing my own experience of fighting a Council's planning application and advice on how you would go about doing so. If you would like a copy of the full series prior to its publication or have any questions please leave a post below.

Firstly I must say that we lost our battle and the planning permission was approved. Whilst unfortunately we did not win on the main objection to the plans (a youth centre) we did however get elements of the plans changed (parking/access) - I hope our story will help anyone else wanting to take a stand by showing what you are likely to expect and providing tips which may help you.

Part 1 - Submission of planning application and consultation

We were invited to a meeting about the Council's proposals approximately 3 months prior to the application itself being submitted. It is likely that your Council will do the same but be warned that they are unlikely to tell you when the application is actually submitted.

TIP - routinely check the planning application website for your local Council from the time you hear about the plans.

Once the planning application is submitted there is a period of 21 days statutory consultation within which time objections/support or other comments can be raised by consultees (e.g. Highway and Environment Agencies) or neighbouring residents. However there is only a duty on the Council to consult those residents who share a boundary with the site of the application, not necessarily residents living nearby. These boundary residents should be sent a letter with details of the plans.

TIP - in our case many residents affected by the plans were not consulted but still had objections. It is important to make everyone affected aware of the plans especially if there is a contentious issue. What I did was flyer these residents with brief details of the application and provided the web address where they could find the plans and comment on and object to them.

The more objections received by the Council the less likely they will be ignored. We believe is that it is harder to turn down a number of people than one sole objector.

TIP - get a petition with as many signatures possible of residents objecting to the application – involve your neighbours – I know it seems a lot of work but will take less time if split between a number of people – believe me it is worth it.

TIP - keep checking the Council's planning website, any comments from consultees and neighbouring residents will be posted, Highways Management in our case noted a flaw in the plans in their response to consultation and by using these “official” concerns it strengthened our own arguments.

Coming next week - the Committee meeting - how to prepare, structure your arguments and deal with the Council's underhand tactics.

Driver Sues Dead Cyclist

2008-01-26T16:28:00.000Z

Spanish Driver Sues Dead Cyclist

Click on the above link and read the article - tell me what you think. Imagine that the car driver was not speeding and only that he failed to see a cyclist who was riding at night with no reflective clothing and no helmet. (The driver in the article has not faced any criminal charges).

Is he right to want compensation for the damage to his vehicle from the dead cyclist's family?

If one car driver caused a collision with the other but died of his injuries, the other driver would claim against the dead person's insurance company being liable for the accident - not involving the dead man's relatives. However as this case involved a cyclist there is no insurance company to fall back on so he would naturally look towards the dead man's relatives for compensation.

You could however question why the driver has not claimed against his own insurance company. The article unfortunately does not provide full details of the accident, if the accident was solely the fault of the cyclist, why should the driver have to make a claim to his insurance company which would subsequently affect his premiums and any no claims bonus. Compare this with someone whose car is vandalised; their insurance is affected, yet they are not to blame - is this fair?

Personally if the cyclist was wholly to blame I do not blame the driver for making a claim although directing this at the cyclist's family appears insensitive, but it may be the only option. Even if the cyclist is only partly responsible the driver can still claim.

If this case happened in the UK, I think many home insurance policies cover liabilities relating to householders' actions and the driver would be able to claim against this.

"Help! I have received a County Court claim form for a road traffic accident"

2007-11-29T19:33:00.001Z

Working in a solicitors firm within the RTA industry I deal with legal proceedings on a daily basis but if someone who is not familiar with them receives these through the post I can understand that they can be very daunting and quite worrying. Several times this week I have dealt with telephone calls from extremely distressed people who have received a County Court Claim Form in relation to road traffic accidents, some which even date back to 2004 (3 years ago). Some of these people have said that they have been physically sick especially as the form states that they need to respond within 14 days or face judgement against them in the region of thousands of pounds (the amount claimed).

Unfortunately sometimes proceedings are served directly on the insured rather than the insurance company or solicitors dealing with the matter. Should you receive such proceedings I hope that this post helps to alleviate your worries and explains exactly what you should do.

1. PLEASE DO NOT WORRY! The best thing I can recommend is to speak to either your insurance company or a solicitors (if appointed) to advise that you have received a claim form.

2. Usually they will ask you to send the claim form or a copy to them so that they can deal with it on your behalf.

3. If liability for the accident has been admitted then it is unlikely that you will need to do anything further, everything will be resolved by your representatives

Where liability (fault) is admitted the reason legal proceedings would be issued is a dispute over quantum (the value of the claim) or the limitation period is due to expire/has expired (see below for further information in relation to limitation)

4. Where liability is in issue it is likely that you may be required to attend court to give your version of events, however your representatives will be able to explain the process and exactly what is required of you if this is the case so feel free to raise any queries or worries with them

Turning to my above point in relation to "limitation" sometimes claims are not concluded until the limitation period expires. Once people have reported an accident to their insurance company and had their vehicle repaired they tend to forget about the matter. However what the insured does not see is the work that then has to be done by the insurance company or solicitors appointed by them when dealing with a third party claim.

In England and Wales you have 3 to make a personal injury claim - (I am sure you have seen the annoying people in the street asking if you have had an accident in the last 3 years). If a claim is not settled before the 3 year period expires most solicitors issue protective legal proceedings to ensure that their client receives their compensation. If this is not done and a client cannot go on to claim their compensation this can lead to professional negligence being raised.

Once the proceedings have been issued they must then be served within a 4 month period. Therefore if the claim is still not settled within these further 4 months the proceedings will be served (sent) to the Defendant - as mentioned above this maybe the insured rather than the solicitors acting.

I hope the above helps if you are faced with the above. If you have any queries please feel free to ask and I will try and answer them.

Further information about dealing with a claim and the claim form itself can be found at HMCS (Her Majesty's Court Service)

Fireworks Stay Safe, Stay Legal

2007-11-03T15:59:00.001Z

So the whizzes and the bangs have started and are driving me crazy. Don't get me wrong I love fireworks but has the recently implemented Fireworks Act 2003 helped at all? Personally I don't see much difference - rather than fireworks going off the weekend of Bonfire Night it happens weeks beforehand, plus you still have to be wary of kids throwing them at cars in some areas.

The Fireworks Act 2003 set limited periods for fireworks to be sold and let off. It is an offence to let off fireworks during the hours of 11pm-7am except on certain days:
- Bonfire Night - period extended to midnight
- Diwali, New Years Eve, Chinese New Year - period extended to 1am

The Fireworks Act 2003 also made it a requirement that shops wanting to sell fireworks throughout the year obtain a license to do so. Otherwise fireworks can only be sold:
- 1st day of Chinese New Year and 3 days prior
- Diwali and 3 days prior
- 15th October to 10th November
- 26th December to 31st December

And finally a few other things you may not know about Fireworks Legislation:
1. It is against the law for persons under the age of 18 to carry fireworks in public (this excludes sparklers)- Fireworks Act 2003
2. It is against the law to throw or set off fireworks in the street or public place - this offence carries a fine of up to £5000 or an on the spot fine of £80 - s80 Explosives Act 1875
3. Fireworks must not be sold to anyone under the age of 18
4. Many pets become scared when fireworks are let off, it is an offence under s1 Protection of Animals Act 1911 to cause any unnecessary suffering to any domestic/captive animal - anyone found guilty is liable for a fine of up to £5000 and/or 6 months imprisonment

I wouldn't like to go to the extremes of people not having their own private displays but every year we hear stories about firework related accidents/stupidity.
Here are just a few BBC News links from today:
Baby escapes home firework blast
Pupils injured in firework attack

The Oxfordshire fire chief suggests that the law should be changed to make it illegal for individuals to buy fireworks. I think this is going to far but what is a happy medium and how can we stop the illegal sale of fireworks?

Spanish Property Taxes

2007-09-18T22:19:00.001+01:00

Whilst on holiday in Gran Canaria last week I was told that many of the buildings there remain unfinished (i.e. one of the walls not being plastered/painted) because under Spanish Tax Law if a building is not "finished" - all 4 walls plastered and painted - the owner can avoid paying tax on it.

Does anyone know anything about this? I'm currently looking into it.

List of Driving Offences

2007-09-03T16:31:00.001+01:00

Please find below a table of motoring offences, their definitions under the Road Traffic Act (RTA) 1988 and the penalties they carry.

Please note:
1. All of the below offences could carry a fine.
2. Where two imprisonment sentences are stated these are either-way offences and relate to the outcome of either indictment/summary trial e.g. Dangerous Driving carries maximum 2 years imprisonment on indictment but 6 months maximum if tried summarily.
3. The below table highlights the possible implications of the driving offences listed - each penalty is subject to variation dependent on the individual circumstances of each case - seek legal advice.

Any questions please post.
Coming soon.... Alcohol Related Offences.

Offence	Definition	Penalty
Dangerous Driving	s2 RTA- Drives a mechanically propelled vehicle dangerously on a road/public place	2 years/6 months imprisonment Obligatory disqualification exceeding 1 year 3-11 points
Causing Death by Dangerous Driving	s1 RTA- Drives a mechanically propelled vehicle dangerously on a road/public place - must be proven that caused the death of another person	Maximum 14 years imprisonment Obligatory disqualification exceeding 2 years 3-11 points
Careless Driving	s3 RTA- Driving a mechanically propelled vehicle on a road/public place without (a)due care and attention or (b)without reasonable consideration for other persons using the road/public place	3-9 points discretionary disqualification
Failure to Stop	s170 RTA - Driver of a mechanically propelled vehicle on a road/public place must stop and give details if they have had an accident	6 months imprisonment 5-10 points discretionary disqualification
Failure to Report an Accident	s170(4) - Driver of a mechanically propelled vehicle on a road/public place must if they have an accident report the matter to police as soon as reasonably practicable and in any event within 24 hours	6 months imprisonment 5-10 points discretionary disqualification
No Insurance	s142 RTA - Using (or causing/permitting to be used) a motor vehicle on a road/public place when there is no policy in force against Third Party risks	Fixed penalty fine 6-8 points discretionary disqualification
Driving While Disqualified	s103 RTA - Driving a vehicle on a road whilst disqualified from holding or obtaining a licence	6 months imprisonment 6 points fine discretionary disqualification

Free Accident Form - What to do if you have an RTA

2007-08-26T14:41:00.002+01:00

Please click here for a printable copy of an "accident form" which I have created for my personal use

Using a form such as the one above ensures that you get down all of the relevant details. This is especially useful if you are in a state of shock and where you are likely to forget something. The extent of the information you get could also assist your insurance company process your claim more swiftly and would be invaluable to the police should they become involved.

In this post I hope to provide some handy tips and advice to be taken into consideration if you are involved in a road traffic accident (RTA). I will also suggest some precautions you can take so that you are prepared if an accident occurs. Hopefully if you are unfortunate enough to be involved in an RTA the advice below will help ensure that the process is as smooth as possible in what may be a very distressing situation.

Having been involved in a RTA you may be shocked and unable to think clearly. This is why I suggest that you carry certain items in your glove compartment in the form of an "accident pack" to be used should you be involved in an accident.

In your accident pack I recommend that you carry:

1. Disposable camera (preferably with a flash) - to take photographs of the accident scene and any damage to the vehicles involved

2. Your insurance/contact details - so these can be passed on to any third party involved

3. Accident forms and 2 pens/pencils - to take down the other driver's details plus any other relevant details - alternatively have a piece of paper ready for the same purpose

Other points to keep in mind

1. Keep an accident pack like the one suggested above in your car's glove compartment

2. Try to get as many details as possible including the car registration number, make , model and colour. It may also be helpful to take down a description of the third party in case identity becomes an issue

3. As mentioned above take photographs of the scene and any damage to the vehicles/property involved no matter how slight the damage – this may avoid any dispute later - A handy tip is to get the vehicle's registration number and the third party in the photographs but be careful as they may not want to be photographed

4. If you are hit by someone who then drives off without exchanging details try and get as much information about the vehicle as possible – in particular the registration number – report the matter to the police and your insurance company who can then try and trace the vehicle involved

5. If there are witnesses to any accident, no matter how minor, get their details these may prove invaluable if liability for the accident is disputed

6. Even if the third party vehicle is foreign your insurance party/solicitors should be able to trace the vehicle through the Motor Insurance Bureau (MIB) – just be sure to get the registration number

7. There are many CCTV cameras around towns, shops etc. If liability is disputed it may be worth asking around to see if you could get conclusive footage of the incident – do this quickly though as many places record over past tapes

8. Remember it is a criminal offence to either not exchange details following an accident or to report it to the police

CCTV - Big Brother or Big Bother?

2007-05-30T08:45:00.000+01:00

Today "talking cameras" are operating in Salford alongside those recently installed elsewhere in the country, with the number of CCTV cameras the highest in Europe are we turning into a "Big Brother" society? Obviously the idea behind CCTV is to protect the public, preventing anti-social behaviour and keeping our streets clean, but does it invade of our right to privacy?

It was only last month that Traffic Wardens in the area became the first in the UK to be equipped with head-mounted video cameras - with statistics suggesting that people are caught on camera 300 times a day is the extent of CCTV going further than necessary in protecting the public at the expense of their privacy?

It is true that CCTV has been very positive in preventing crime and identifying perpetrators and as many of the cameras are not noticeable without careful inspection, you would hardly notice they are there. Personally I feel safer in areas where CCTV is filming and that new "talking cameras" can only assist in making society a safer place to live.

For our protection or breach of privacy?

Has reality TV gone too far?

2007-05-29T13:02:00.000+01:00

Further to my previous post re: organ donation the subject has been subject to much controversy in the news today - Outcry over TV kidney competition. The concept of choosing the recipient for a kidney of a dying woman in Holland through "reality television". Viewers via text message alongside the donor will choose the contestant who deserves to receive the woman's kidney. Has the quest to get ratings gone too far? Or is this a move towards a wider recognition of the shortage of organ donation as suggested by the broadcasters.

Personally despite understanding the concept that organs should go to deserving people I think that this is a step too far. Highlighting the need for donors is important but making the sensitive matter the subject of a television show where people are competing for a lifesaving/changing opportunity is one which is not ethically acceptable to many. How can TV broadcasters be allowed to "play God"?

With reality television these days including such shows as Big Brother, Celebrity Love Island, Strictly Come Dancing... to name only a handful - covering a wide range of subjects, allowing shows which have the effect of "playing God" -where will it end?! What is the ethical limit?, organ

New Phone Penalties

2007-02-27T20:37:00.000Z

Today new penalties came in for drivers who use hand-held mobile phones whilst driving. The question is however, will these actually deter people? I don't think they will. There was a ban on using phones whilst driving (December 2003), which hasn't prevented anyone from using them. I still see many motorists on their phones, particularly those within inches of my rear bumper. So the fine is £60 and possible points on your licence?! Will that really bother anyone? People still speed despite the similar consequences. Also the chances of being caught in the act are slim, it's easy - see a police car, put the phone down.

Although hand-held phones are banned, what about hands-free kits/bluetooth? Surely the point is that it is hard to concentrate on two things at once, isn't talking to someone the distraction not the fact that one of your hands is off the wheel? And what about those people who text whilst driving, they are unlikely to be noticed by the police, yet they still cause a nuisance to other drivers.

The point I am making is that banning the use of hand-held mobile phones whilst driving is not going to prevent it happening and causing collisions/near misses - the penalty is not enough to successfully deter the majority. Who will police it? - Look at the car seat fiasco, the law says that children under a certain height should be in child seats, I've seen many not even in seatbelts crawling around the car. How many people are actually stopped and the fined for this? Nobody has taken any notice of the law and nobody is policing it!
The same will happen with this ban, as this BBC article states, over 1 million people are ignoring the 2003 ban already - how will these new penalties change this?

Does Law Enforcement Work?

2006-09-03T22:37:00.000+01:00

Okay, I am in the situation where my finance's car has had its windscreen smashed by a thrown golf ball, we called the police 3 1/2 hours ago when the culprits and witnesses were still in the area, they said they would come round and they still have not arrived.

On a separate occasion my own car was vandalised in a local car park and I was left on my own at night and in the rain trying to contact someone for help as I could not drive the car due to the damage. (Not to mention the local yobs and drunks hanging around). The police were called and I was given a crime number - nothing else was done, no-one even came to see my car. Who has to pay? Me, twice in fact. Firstly the cost/excesses (and damage to my no-claims) of repairing the damage and secondly with my taxes paying for a police service, which on two occasions has not benefited me.

This leads me to question whether the law is actually enforced or whether only murder/rape crimes are considered. Yes I can understand that it may not be a priority case but criminal damage is a crime and to me it doesn't seem like it is being enforced. What is the point of having laws that are not being enforced?

Racism or Justification?

2006-08-20T15:05:00.000+01:00

Over the past couple of weeks security in our airports has been tight, further to alleged terror attacks being planned on flights between UK and the USA. Now as security is relaxed, airport security are being told to "look out for" possible terror suspects.

The problem is that the Muslim Community are raising the issue that this amounts to racist discrimination. Just because someone is part of an ethnic minority, where some members have previously been blamed/guilty for terrorist activities, does it give the Government/Police the right to judge each member of this minority as a possible terrorist?

This is just one of the recent examples where it has been argued that passengers have been targeted just based on the colour of their skin.

The above article states that "People should keep an eye out for suspicious behaviour but nervousness is not enough."

It may be argued that suspicion is increased by the ethnicity of the individual/group. The police may justify this by stating that they must identify any possible connections to terrorist activity including race/background/location and flight details. These ethnic groups have allegedly been involved in previous terrorist scares/attacks isn't it right that they take special care to fully check passengers of this race?

Should security not be vigilant of everyone no matter of race/religion?

It has been argued that Asian/Middle Eastern passengers are being discriminated against, that it is being assumed that they are all related to terrorism in some way.

Does this link to racism? The same argument is raised across the UK that black people are not treated equally with Caucasians where the police are involved (arrests/stop and search etc.)?

Does the law benefit society?

2006-03-02T21:13:00.000Z

The law is meant to protect us, yet there has been much criticism that it is too lenient. Does the law in fact act in the public interest? As a deterrent? Make our world a safer place?

Most people would say NO! I remember reading just recently, an uninsured, no license driver, of a stolen vehicle knocked over and killed a toddler. He got 3 months imprisonment! Is that justice?

However, this creates the argument: Is it justice that we really want or is it revenge? When we think about people being "punished" for their crimes what do we want? A safer society or repayment to the offender for his crimes. An "eye for an eye" some may say.

Do we want a deterrent or punishment?

Whereas our legal system does not allow "like for like" punishments, many victims and their families feel that this treatment is deserved. Does that mean those people not affected by crime can make the best judgement for punishments?

Designer Babies

2005-11-02T22:20:00.000Z

Advance research into reproductive technologies has been both beneficial and controversial. Such research has lead to the ability of screening embryos prior to implantation into the mother. Although it may be argued that this can be beneficial by preventing diseases such as cystic fibrosis and in the future cure many genetic diseases, the extent of its possible boundaries remains uncertain.

Not many people would argue that on the balance it is not morally wrong to screen embryos to prevent a child suffering disease, but opinion becomes the opposite when you consider doing the same to determine the sex/intelligence/hair colour of a child. The House of Lords in the Hashmi case have ruled that the tissue typing of embryos to help their sick siblings is lawful. However, the ruling has not set any boundaries as to what such procedures can be used for. I can imagine there being a case in the future where the parents wish to "design" their child, either based on looks/intelligence/sex. We will have to wait and see what the courts say then.

Should prisoners have rights?

2005-10-08T18:03:00.000+01:00

Okay, everyone has rights, but how far should these rights extend to prisoners? Should those who have broken the law have the same rights as the law abiding public? Is it really fair for those who have committed crimes to be allowed to watch television and play pool? Is prison really punishment enough?

Over the last ten years the number of prisoners have increased and it has been suggested that a stint in prison does not deter offending behaviour. Should the UK therefore look towards other means of punishment? Or maybe, they should make prison sentences a bigger deterrent. The figures for re-offending are increasing, suggesting that putting offenders in prison is not successful in stopping them committing crimes.

What about their basic rights? Well okay maybe they should retain the right to life and the right not to be tortured (although this may be controversial in the eyes of their victims), and have the right to live in humane conditions - after all we have abolished the death penalty, but why make prisons such a comfortable place for them to be when they are supposed to be being punished?

Vivisection - what are the boundaries?

2005-08-24T22:29:00.000+01:00

Following recent controversy over the work done by Darley Oaks Farm, in Newchurch, UK, it raises the question: is vivisection morally wrong? It appears that there is no specific law in the UK regulating vivisection, and many animals are being used for non-pharmaceutical testing. While using animals for pharmaceutical testing may be justifiable, do we really need to test products such as make-up and washing-up liquid on these creatures? The Government has failed to implement UK or EU law stating that where a non-animal or less painful alternative method exists, the traditional animal test method should no longer be allowed. It is recognised that the Government cares more about convenience for researchers than animal protection.

It boils down to the question: Do animals have rights? This is where the controversy lies! An animal is viewed "less important" than a human, yet religion conveys that all animals are God's creatures. Is it right that we test products on animals? There are many companies that do not and they can provide good quality products which outsell many animal tested versions. Many people I know specifically go for products with the "not tested on animals" label.

People tend to raise the opinion that animal testing is wrong for non-pharmaceutical products, yet okay for those which help the advances of medicine. How can that line be drawn? Surely both are cruel to animals. The answer seemingly points to the fact that we "humans" need these products, but do not need cosmetic products also produced through animal testing.

What about organ transplantation from"animals" to "humans"? That is a different argument. Those who support vivisection must surely approve of this method of maintaining and improving the life of humans, but sadly many do not. This is a certain way of improving the quality of those urgently in need of organ transplantation, can this not be compared to vivisection for medical purposes? Why is it so different?

http://www.uncaged.co.uk/vivisect.htm

http://news.bbc.co.uk/1/hi/sci/tech/4178166.stm

Smoking!

2005-06-25T23:41:00.000+01:00

There has been a lot in the news recently about the banning of smoking in public places. I am all for it. I must admit that I have never smoked and this is a very common view among non-smokers who will not be affected by the ban, but I have spent a lot of time around people who have/do especially strangers in public places. What really annoys me is when they light up in a restaurant while you are trying to eat - yes this annoys even some of the people who smoke - so ok ban it there. Working in pubs I have also had second hand smoke blown at my face, do people really need a ciggy to have a good night? Some people I know only smoke when they go out or have a drink. Why?!
Where there are large gatherings of people (e.g. workplaces/pubs/clubs/restaurants) smoking should definitely be banned. If smokers want to ruin their lungs, let them, they have enough warnings, but do they listen? No! Please don't let us non-smokers, who do not choose to intentionally damage our bodies smoke with you. What about bus stops then? This is a disputed matter, but it is still inconsiderate to light up in the small area of a bus stop. Smoking should be confined to specific areas or at home.in the car, people should be more considerate of others.
You may ask, so should we ban drinking because that causes a bad effect on your body? However, in moderation, alcohol does not cause the serious effects smoking does to our bodies. Also it does not affect the health of those around you, unlike secondary smoke!
Personally I cannot wait for laws to be passed banning smoking, and especially hope it includes at bus stops.
However, I would like to know the opinion of those who smoke, whether for or against a ban (as I know there are some "considerate" smokers out there). The best argument I have heard so far for smoking at bus stops is: "If we didn't light up at bus stops, no buses would turn up. This It is a well known fact that as soon as you light up, a bus turns up!" Well in reply, all I have to say is I haven't had any problems as a non-smoker waiting at the bus stop with other people who do not light up.
Non-smokers would be just as affected by the ban, it would improve their lives!

Compulsory Organ Donation

2005-06-18T15:06:00.000+01:00

Should organ donation be made compulsory?
This issue is at the heart of the medical system, with the growing number of patients on waiting lists for transplants should those persons who die and are capable of providing usable organs be made to do so? (well their families anyway). Already doctors are able to ask the dead person's relatives whether they can use the organs, but should the law go as far as requiring the donation? One argument is that all usable organs should be made available, however the opposing argument notes the patient's right to autonomy and highlights that the choice is with them. We ask therefore whether a patient's autonomy extends past their death and should their body continue to be respected? Or should we go for the greater good and help all those waiting for help, which they are able to provide? Especially if the person involved later is cremated.
You may say that some of those people on the waiting list don't deserve the help because they require a transplant after self-indulgence, but for many people their need is through illness or defect.
If it should not be made compulsory, should more people be aware of the option?

Occupier's liability

2005-06-05T20:41:00.000+01:00

Recently I have been considering putting barbed wire at the top of our boundary fence (between our front garden and waste land, away from the public highway) in order to prevent the local kids climbing over it continuously and causing damage to the already old fragile frame. Then I sat back and considered, what if some stupid kid injures themselves?! I would be liable! Where did the law go wrong? Under the Occupier's Liability Act we are liable for anyone who enters our property whether they are invited or trespassers! So basically a burglar can come in and if he injures himself whilst in the property can sue the property owner for personal injury! How does that work then? He shouldn't be there in the first place, he is a trespasser! If in the middle of the night you met face to face with an intruder would you think twice about knocking him out? You aren't even entitled to protect your property unless you use "reasonable" force, how are we supposed to know if they have a gun/knife on them? Should we just let them take our stuff? And what is the definition of reasonable? - The answer to this is that there isn't one within the law, everything is reasonable this and reasonable that, but just what is reasonable? To different people it may be different things in different circumstances! The law is in much need of change, but with "reasonable" being used throughout the legal system nobody can be bothered or just don't want to.

Glad I got that off my chest it has been bothering me for a while now!
Anne

Same-Sex Marriages

2005-06-04T22:29:00.000+01:00

Same Sex Marriages? In November 2004 the Civil Partnership was passed in the UK allowing same sex couples to register their partnerships. I would like to have your opinion? There are arguments on both sides of the line and it remains a controversial issue.

Further details can be found here and here (pro arguments)

Welcome

2005-06-04T22:15:00.000+01:00

Hi everyone! Welcome to my blog. I am creating a blog dedicated to our opinions of the law, whether they are good, bad or just plain absurd. I shall be providing my own rants and raves and general views and want to hear from you too!
Anne