Personal Injury Guidelines to be increased by 10% from April 2013-

In General Litigation by AAH

Hafezis Comments:  This is positive for all victims of personal injury claims as they will not receive the amount of compensation relative to the pain and suffering they sustained at the hands of negligent Defendants. However also on a positive we can still act for all our client’s making a personal injury claim on a no-win-no-fee basis, where they still …

There was no reason for predictive costs to operate as a cap on what was properly recoverable under a CPR Pt 44 assessment.

In costs, General litigation by AAHLeave a Comment

LETTS v ROYAL SUN ALLIANCE PLC (2012) ~ Sen Cts Costs Office (Mackay J, Senior Costs Judge Hurst, Colin Jaque) 03/04/2012  A costs officer had acted perfectly legitimately in assessing the costs of the successful claimant in a case involving a low velocity rear end shunt, even though the costs far exceeded the damages accepted under a Part 36 offer, …

MIB are not liable to the injured claimant where the accident occured on gravelled entrance to a farm and it did not arise out of, the use of the vehicle on a road or other public place.

In Blog, uninsued claims (MIB) by AAHLeave a Comment

JOHN CLARKE v (1) PHOEBE CLARKE (2) MOTOR INSURERS’ BUREAU (2012) ~ QBD (Judge McKenna) 30/03/2012 The Motor Insurers’ Bureau did not incur a relevant liability for an injury caused by an uninsured driver, as the accident did not occur as a result of use of a vehicle on a public road. The claimant (C) brought a claim for damages for …

An auction house and negligence law

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An auction house had not been negligent in appraising a gold chain, known as the Coleridge collar, as having been made in the late 17th Century, but it had advised the owner negligently about the price to sell it for on a private sale. The claimant (C) claimed damages for losses alleged to have been suffered as a result of …

The rules of natural justice precluded members of specialist tribunals, including experts, from giving evidence to themselves which the parties had no opportunity to challenge. A Fitness to Practise Panel of the General Medical Council had erred in relying upon expertise which it did not possess.

In Blog, General litigation by AAHLeave a Comment

ROBIN EDWARD LAWRENCE v GENERAL MEDICAL COUNCIL (2012) EWHC 464 (Admin) ~ BD (Admin) (Stadlen J) 02/03/2012 The appellant psychiatrist (L) appealed against certain procedural decisions and factual findings of the Fitness to Practise Panel of the respondent General Medical Council. The Panel had made findings of misconduct by L, in respect of a patient (B). B had experienced erotic …

Police informers, duty of care & pure financial loss

In Blog by AAHLeave a Comment

Comments :– A police informer can not escape from consequences his illegal action. There is a duty of care owed to a police informer, but  the police can not be liable for pure financial loss AN INFORMER v CHIEF CONSTABLE (2012) [2012] EWCA Civ 197 CA (Civ Div) (Pill LJ, Arden LJ, Toulson LJ) 29/02/2012 The appellant (C) appealed against the dismissal …

Late disclosure will be allowed if it helps the court to arrive at a just and fair decision

In Blog, General litigation, General Litigation by AAHLeave a Comment

Comments; This is how it should and ought to be. Many of my opponents blow hot and cold about late disclosure. But there is a fundamental premise that a trial judge should have all the available evidence to enable him/her to reach just and fair decision. GRUPO HOTELERO URVASCO SA v CAREY VALUE ADDED SL (2012) ~ QBD (Comm) (Eder J) …

10 things the POLICE does after your ARREST

In Blog by AAH

10 things the POLICE does after your ARREST When you’re arrested and sat in a police cell you could be there for several hours even overnight. My names Nasir Hafezi and I am a Solicitor. Here’s 10 things the police could be doing after your arrest. Support CLE by becoming a Patreon – https://www.patreon.com/communitylegaleducation Please Share. Please SUBSCRIBE. Thank you.

Assault and Battery claim against police force

In Blog by AAH

“Land of Brave & Free”: Police forces in common law countries such England & US have a duty to investigate and even arrest you if an officer believes you are committing or in the course of committing a crime. He has to have reasonable & probable cause to do so. If a police fail to show reasonable & probable cause …

Tiredness Can Kill

In Blog, General Litigation, RTA by AAH

Fitness to drive The Highway Code applies to England, Scotland and Wales and is essential reading for everyone. Rule 91 Driving when you are tired greatly increases your risk of collision. To minimise this risk, make sure you are fit to drive. Do not begin a journey if you are tired. Get a good night’s sleep before embarking on a …

Why and what is limitation

In Blog, General Litigation by AAH

In civil and criminal law time limits are set during which civil or criminal wrong must be brought before the courts. In criminal law there are no time limits except in minor road traffic offences. That’s why police files are kept open on criminal investigations indefinitely. These are the reasons we are now seeing child abusers been brought before the …

Roundabouts and the Highway Code

In RTA by AAH

A dangerous round about in London. The Highway Code applies to England, Scotland and Wales and is essential reading for everyone. Rule 186 Signals and position: When taking the first exit to the left, unless signs or markings indicate otherwise signal left and approach in the left-hand lane,  keep to the left on the roundabout and continue signalling left to leave. …