September 25th, 2009
A man is expected to receive a six-figure sum in compensation after being shot by a police officer during a tutorial.
Keith Tilbury, a 999 calls handler, had been at a firearms course run by PC David Micklethwaite in Oxfordshire in May 2007. The instructor took some ammunition from a tin, believing that it contained only blanks.
However, there were live bullets among the store and the police officer mistakenly loaded one and fired it into his classroom.
The bullet hit Mr Tilbury, causing devastating injuries including an exploded bowel and kidney and lung damage. He was in a coma for 12 days and has still not returned to work.
Thames Valley Police and PC Micklethwaite have both admitted liability for the incident and have been fined under health and safety regulations.
It is now thought that an out-of-court compensation settlement for in the region of £150,000 will be paid to Mr Tilbury next month.
According to the Home Office, the chief of police must adequately assess that officers are suitable to have firearms in their possession without harming the public or other police personnel. If these tests are not carried out, the police are in breach of their duty and anyone affected may be eligible to claim compensation.
Tags: Ammunition, Breach, Bullets, Chief Of Police, Coma, Figure Sum, Firearms, Health And Safety, Kidney, Lung Damage, Oxfordshire, Police Officer, Policeman, Possession, Safety Regulations, Six Figure, Thames Valley Police, Tin
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June 17th, 2009
A woman who claims that her daughter was incorrectly treated in hospital, leading to a string of medical problems, is continuing to seek compensation for clinical negligence.
Lynne Jones claims that her daughter Claire, now 27, had an operation for an eye infection that went wrong when she was 11, the Flintshire Evening Leader attests.
The mother alleges that as a result of the operation, Claire now suffers from depression, epilepsy and obsessive compulsive disorder.
"Even after all this time my daughter cannot live her life. It’s been taken away. To watch your daughter suffer is just heartbreaking," she commented.
Ms Jones is now organising an appeal against an earlier decision to dismiss the case and said she is determined to get compensation for her daughter.
A spokesperson for Glan Clwyd hospital declined to comment.
Patients may have grounds for compensation where an injury or death was caused by or contributed to by a breach of a duty of care by medical staff.
Tags: Breach, Clinical Negligence, Compensation Claims, Daughter Claire, Depression, Duty Of Care, Epilepsy, Eye Infection, Flintshire Evening Leader, Lynne Jones, Medical Problems, Medical Staff, Ms Jones, Obsessive Compulsive Disorder, Spokesperson, Woman
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May 29th, 2009
A woman whose husband was killed in Baghdad is taking legal action against the Ministry of Defence (MoD) for negligence.
Corporal David Williams was killed in 2005 when his plane was hit by missiles shortly after take-off in the Iraqi capital, This is Bath attests.
His wife Kathryn has lodged a high court writ claiming that the MoD had not ensured that the Hercules was airworthy and was therefore in breach of human rights and workplace safety regulations.
A spokesperson from the MoD said: "The MoD awaits the full details of this legal challenge from the families’ lawyers. Compensation is always paid in cases where there is a proven legal liability."
In March, the MoD admitted liability for the explosion of an RAF Nimrod in 2006, paving the way for the families of the deceased to claim six-figure sums in compensation.
The organisation admitted that it had not provided proper safety procedures and had not installed equipment that would have alerted crew to problems onboard.
Tags: Baghdad, Breach, Corporal, Explosion, Figure Sums, Hercules, Human Rights, Iraqi Capital, Legal Challenge, Legal Liability, Ministry Of Defence, Missiles, Negligence, Paving The Way, Proper Safety Procedures, Raf Nimrod, Spokesperson, Wife Kathryn, Workplace Safety Regulations, Writ
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April 20th, 2009
The Ministry of Defence (MoD) is facing legal action again after the families of ten servicemen killed in Iraq announced that they would be suing the government department.
They claim that the MoD failed to protect the human rights of the nine soldiers and one RAF man who died in January 2005 when their Hercules was shot down by enemy fire.
A coroner ruled that the MoD’s decision not to fit the aircraft’s fuel tanks with explosive-suppressant foam could have cost the men their lives.
The government department is now facing legal action for negligence, breach of a duty of care and failing to comply with article 2 of the European Convention on Human Rights.
An Mod spokesperson said it has apologised for the safety failures highlighted at the inquest.
The news follows an admission of liability last month by the MoD for 14 deaths in Afghanistan three years ago.
Family members of the 14 men are to receive compensation which may amount to six figures.
Tags: Admission, Breach, Compensation Claim, Coroner, Duty Of Care, Enemy Fire, European Convention On Human Rights, Family Members, Fuel Tanks, Government Department, Hercules, Inquest, Ministry Of Defence, Negligence, Raf, Safety Failures, Servicemen Killed In Iraq, Six Figures, Spokesperson, Suing The Government
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