Causing Serious Injury by Careless Driving - A Significant Development in Road Traffic Prosecutions By Ash Sharma 28 June 2022 sees the introduction into UK law of the offence of "causing serious injury by careless driving". This will mean that drivers who may previously have been punished by a fine and points on their licence for careless driving which caused…
Learnings and Reflections from the Independent Neurology Inquiry By Natasha Moffett The Independent Neurology Inquiry has now published its’ findings. The Inquiry Chair, Mr Brett Lockhart QC, delivered a statement announcing the publication of the Inquiry Report on 21 st June via live stream which is available to watch back on…
Cannabis Claims – A Growing Issue for Insurers By Mark Gallagher At DACB, we are continually working with insurers and the industry to assess and counter emerging issues around claims and fraud. One such issue is the escalation of cannabis farm claims related to landlord or property claims. Cannabis farms…
Competition Appeals Tribunal grants Collective Proceedings Order in Trucks Litigation By Laura Berry On 8 June, in the latest instalment of the long-running “Trucks Litigation”, the Competition Appeals Tribunal (“ CAT ”) granted Road Haulage Association Limited’s (“ RHA ”) application for a Collective Proceedings Order (“ CPO ”). This is the first…
Judgment delivered to strike out Defence & Counterclaim By Jemma Lewis The Court considered how solicitor delay in making prompt Applications could be disadvantageous to the client. The solicitor should consider whether they are compliant with Practice Directions even when faced with a simple error.
Commercial Court upholds CMR Convention limits Knapfield v. C.A.R.S Holdings Ltd & Ors (2022) By Anthony Menzies The Convention on the Contract for the International Carriage of Goods by Road (the CMR Convention) has been ratified by most European states, and was given effect in England by the Carriage of Goods by Road Act 1965. The CMR applies to every…
Split trials: an increasingly attractive strategy By Cassandra Mitchell In three recent cases, two of which have now concluded, DAC Beachcroft have successfully sought orders for split trials with, in the two that have been heard, excellent outcomes for our clients.
‘Protecting People and Places’ – the HSE’s Strategic Objectives for the Next Decade By Stefan Desbordes Alongside the Queen’s Platinum Jubilee, there is another anniversary that is close to all health and safety practitioners – it has been 50 years since the publication of the Robens Report which led to the passing of the Health & Safety at Work…
Ferenc Sumegi v Gate Gourmet UK Ltd - more anti-fraud success By John Goodman In Sumegi v Gate Gourmet Ltd , we were instructed by Zurich, the defendant’s EL insurer, to defend the claimant’s claim for a back injury he suffered as the result of an accident at work in 2012. Liability had been conceded but causation and…
Fraud Future Series: Casualty Fraud By Claire Laver Welcome to the third instalment of the DACB Fraud Future Series, where we continue our appraisal of predictions made prior to the Whiplash Reforms, using analytics to understand what has transpired. In this instalment we look more closely at the…