The Government has announced that there will be a research based review of “No Win No Fee” agreements in England and Wales.

The study will be undertaken by senior academics, and will consider whether this type of arrangement is still operating in the public’s best interests and providing access to justice.  Almost every personal injury claim will be affected.

Justice Minister, Bridget Prentice, said “No win - no fee arrangements are vital in helping to give the public a voice in courts.  We feel that now is the appropriate time for a comprehensive, objective and evidence based examination of the operation of no win - no fee arrangements in relation to personal injury, employment and defamation cases.”

The review will include studying samples of claims data in personal injury cases and in particular the nature of the funding arrangements and the outcome.  However, the amount of compensation payable in each claim will not be considered.

A random sample of claimants and legal advisers may also be asked to provide information, to assist in understanding the quality and change within the legal services sector, so that any unmet legal needs in the provision of personal injury advice can be analysed.

COMMENT:-

It is anticipated that the report will be available in the autumn, and will help to determine any specific aspects that ought to be pursued in more detail and also whether it is feasible to do so.

However, the Government’s intervention in this area is not always helpful to personal injury claimants as they are also about to unveil plans for streamlining the claims process, and which could result in solicitors finding it uneconomic to provide this service leaving potential claimants without legal representation.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in any type of accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

Statistics indicate that in the UK between 2000 and 2005 there were 3,637 road accidents resulting from oil or diesel spills.  Of these, 617 resulted in either death or serious injury.

Deposits of oil or diesel on the road leave the surface as slippery as if black ice had formed, with a potentially catastrophic effect on unsuspecting road users.  In the long term, diesel will melt the tarmac surface, which can result in the creation of potholes.  Most spills are from trucks and lorries. 

If a road accident results from such a spill and someone is injured, even though the person responsible for the spill is unlikely to be identified, claims for injury compensation can still be made against the Motor Insurers Bureau (MIB).  That body acts on behalf of the insurance industry and steps in to compensate people injured in road accidents where the responsible party is either uninsured or untraced.

COMMENT:-

Diesel spills are often from badly sealed or over filled fuel tanks, and frequently happen at roundabouts, junctions and on tight corners.  Anyone caught causing a diesel spill could face a fine of £5,000 and 6 points on their driving licence.

Innocent road users who are injured because of others negligence in this situation are still able to claim personal injury compensation even if the source of the spill cannot be traced due to the existence of the MIB.  However, everyone should aim to avoid the creation of such hazards by better vehicle maintenance.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered injury in any form of road accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis, where the successful Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

The Court of Appeal have decided that when a player suffers an injury as a result of an “assault” by another player during the game, sports clubs may now have to pay injury compensation to the victim of the “assault”.

The decision involved a match between teams playing for Redruth Rugby Football Club and Halifax Rugby Football Club that took place in 2005.  During the match one of the Redruth players thumped a Halifax team member, Andrew Gravil, and he sustained injuries to his eye socket.

At the original trial of the personal injury claim, the Court made a distinction between full-time and semi-professional players.  However, the Court of Appeal found that it was fair and just for clubs to be held responsible in this situation whether or not the participants in the match were employed by the clubs on a full-time or part-time basis.

The result of the decision is that Redruth Rugby Football Club must now pay compensation to Mr Gravil.

COMMENT:-

It has long been the case that if one player causes injury to another because of recklessness, then the offending player and possibly his club may be held responsible and liable to pay compensation to the injured player.  The Court of Appeal decision has reinforced that where the offending player is paid to play, the club itself may not be able to avoid a personal injury claim.

The decision is not limited to rugby matches, but will apply to all sports where the participants receive some element of payment from sports clubs, whether employed on a full-time or part-time basis, or perhaps even when only modest appearance money is paid.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered injury while taking part in an organised sports event, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

A woman from Leeds whose sofa was manufactured in the UK and distributed by Homebase claims that it was defective, resulting in her infant son suffering injury.

Her claim is based on her son suffering severe burns approximately 1 hour after being laid on the leather sofa.  He had to remain bandaged for 3 months with a weeping rash, and his mother was unable to return to work at the end of her maternity leave, because of the amount of care he required.

Homebase have apologised for the distress caused and offered a refund, but have indicated that they have not received any other complaints concerning this particular type of sofa.

Currently, there are 1000s of people pursuing injury compensation claims in respect of defective sofas that were manufactured in China and sold under the names “Pia” and “Bari”, which caused burns and skin irritations.  Investigations in these cases suggest that any burns may have been caused by fungicide sachets that were inside the sofas and which were to protect against mould during transit and storage.

COMMENT:-

The current claims in respect of the “Pia” and “Bari” sofas could result in accident compensation payments running into millions of pounds.  If it is established that other sofas have caused similar problems, this estimate could increase significantly.

The manufacturers and suppliers of products have a legal duty to ensure that the public are not harmed when using the products in the prescribed way.  It appears that the “Pia” and “Bari” sofas had a toxic chemical content in the material covering the furniture, which has led to the problems experienced by so many people.  It remains to be seen whether other furniture manufacturers and retailers will be faced with similar personal injury claims.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in an accident or developed any illness or disease due to a defective product, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

Chiltern Flowers, a florist at Marylebone Station in Central London, was ordered by the Court to pay accident compensation to a commuter following his claims that the company was negligent after he slipped on flower petals and fell onto his right hand and then his right knee, resulting in injury.  The decision was appealed by the company, but the appeal was lost.

The original decision was made by the High Court last July.  The company was found to be negligent in failing to have a reasonably effective and safe system for dealing with the potential slipping hazard caused by fallen petals.

As a result of the decision being upheld on appeal, the company will have to pay injury compensation to the injured commuter, Mr Brian Piccolo; however the amount of personal injury compensation to be paid has not yet been assessed.

COMMENT:-

On considering the matter, the Court of Appeal decided that although Mr Piccolo was aware of the flower display at the station, there should be no reason why he needed to look down at his feet when passing so that he avoided walking on the slippery fallen petals.

Evidence was provided that the company had in the past been told to keep the area clean and tidy, and that they were threatened with the revocation of their licence to trade.

This accident claim clearly reinforces the point that visitors to premises are entitled to assume they are safe.  The fact that there were fallen petals on the floor created an obvious slipping hazard, which was sufficient for Mr Piccolo to succeed in his personal injury claim.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered injury in any type of accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.