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13th November 2017
A recent Portsmouth County Court ruling decided a compensation claim, which resulted from a low-speed car accident, was fundamentally dishonest – and the claimants are now likely to be ordered to pay the defendants’ legal costs. On appeal it was argued that in their defence the defendants should have clearly stated they intended to allege fundamental dishonesty but the appeal court disagreed. Our courts will…
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08th November 2017
For some years now the Road Traffic Act 1988 has been in conflict with European directives on insurance and providing cover for third party liabilities but, notwithstanding this, successive UK governments have failed to implement these European directives. More recently, court cases such as Damijan Vnuk –v– Zavarovalnica Triglav (2013) and Delaney –v– the Secretary of State for Transport (2014) have repeatedly indicated that court…
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08th November 2017
The second Sunday in October this year saw a very healthy turnout for the 2017 Chichester half marathon – if you were looking closely you might have seen nine runners pounding round the 13-mile course in George Ide colours to raise much-needed funds for local brain injury charity Headway West Sussex. It was an exhilarating experience that I will remember for the enthusiasm and camaraderie…
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03rd November 2017
A recently reported Supreme Court case considered the plight of a claimant who was physically and emotionally abused by one of two foster carers and sexually abused by the other. Concluding the case, Armes –v– Nottinghamshire County Council, the judges decided by a majority to extend the doctrine of vicarious liability. This doctrine states that an employer – in this case a local authority –…
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27th October 2017
Since a High Court ruling in 2016 regarding the sale of a South London property by a fraudster claiming to be the registered owner, more emphasis has been placed on protecting properties from property fraud. Unfortunately it is possible for skilled impersonators to sell your property or take out a mortgage without your knowledge, leaving you with the debt or without the property. Some properties…
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13th October 2017
It is surprisingly easy to become someone’s business partner. Legally, a partnership exists when two or more persons carry on business in common with a view to profit. So if you and your friend carry on a business activity, hoping to make some money from it, you may well find that you have started a partnership. It really is as simple as that. Precisely because…
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06th October 2017
Since I last wrote in this column there have been many healthcare stories that would merit more than mere acknowledgement here. Not least, Ian Patterson was convicted and sentenced for performing unnecessary cosmetic operations, giving rise to a High Court compensation award totalling some £30m and, in our own area, a report criticised the provision of mental health services by Sussex Partnership NHS Foundation Trust.…
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02nd October 2017
This month sees the introduction of new rules governing the procedure by which UK businesses should set about recovering debts owed to them by individuals and sole traders. Previously, the first step in pursuing such a debt claim was to write and send a letter requiring the debtor to respond within 14 days – since the introduction of the government’s Pre-Action Protocol for Debt Claims,…
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22nd September 2017
  If you are looking for informed and reliable investment advice, either on your own behalf or for a loved one, you will probably turn to a professional financial advisor for help. But how can you be sure the professional you choose deserves your trust – what should you look for in a good investment advisor? Certainly, before you instruct any advisor you should check…
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15th September 2017
In this column and elsewhere we have previously written about the legal duty of care owed by road users to each other – be they drivers, cyclists or pedestrians. In November last year, national bicycle charity UK Cycling published figures confirming that 98 per cent of all pedestrian deaths or serious injuries between 2005 and 2015 were caused by motorists and, during this period, 852…
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