Judge calls for overhaul of Fatal Accident Inquiries

November 4th, 2009

Judge calls for overhaul of Fatal Accident Inquiries

A leading judge has called for changes to be made in the way Fatal Accident Inquiries (FAIs) are conducted.

FAIs are public inquiries into fatal accidents, which are carried out in cases of suspicious or unexplained death.

Lord Cullen suggested that such inquiries should be made less formal and lawyers involved in the cases should no longer wear wigs and gowns.

The former lord president also said that FAIs should not be held in court anymore.

In his report related to Scotland, he stated: "My aim has been to set out practical measures for a system for inquiry into fatalities that is effective, efficient and fair."

His review into FAIs began in June 2008 and his findings also included the suggestion that a dedicated FAI team is set up.

Earlier this week, an inquiry in Scotland found that Paul Campbell, 25, of Eastriggs, had died in a quad bike accident due to the failure of a suspension unit on his vehicle, reports BBC News.
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£22k for employee in workplace back injury

October 21st, 2009

£22k for employee in workplace back injury

A man who suffered a back injury at work has been awarded £22,000 from his former employer.

John Atkin was a delivery driver for Johnston Press in February 2007 and had been delivering newspapers in Northumberland.

However, when he came to unload at a drop-off point, he found that the newspapers had been put in the van incorrectly and had shifted.

As he went to rearrange them in the confined space, he badly injured his back.

Due to the injury affecting his right arm and shoulder, Mr Atkin has been unable to work since.

He took legal action against Johnston Press, which admitted breaching health and safety regulations and has agreed to pay £22,000 in compensation.

According to the Health and Safety Executive, 80 per cent of people will suffer from back pain at some point in their lives. Much of this is caused or worsened by duties at work and employers should have measures in place to avoid such injuries.

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British terror victims abroad ‘could receive compensation’

October 16th, 2009

British terror victims abroad could receive compensation

British people caught up in terrorist attacks abroad could be awarded compensation from the government under new plans revealed this week.

It is thought that measures are being considered in parliament that would see people affected by such attacks receive up to £1 million in damages.

Currently, only people injured in terrorist operations in Britain are eligible for compensation and this is capped at £250,000.

However, along with the proposed new measures, the government has said it is looking into removing the cap and deciding compensation for each individual case.

The move has largely been welcomed, although it is not yet known if the payouts will be retrospective. If not, this could mean that people injured in atrocities like the Bali bombing will receive nothing.

Earlier this month, it was announced that the family of Helen Bennett, the British tourist killed in a PKK attack in Turkey in 2005, are to receive compensation of over £1 million from the Turkish government for their pain and suffering.

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Toddler awarded compensation after dog attack in Cumbria

September 4th, 2009

Toddler awarded compensation after dog attack in Cumbria

A toddler who was attacked by a dog in a Cumbrian pub’s beer garden has been awarded compensation for his injuries.

Zion Kasaija, then five, was with his family at the Stanley Arms Hotel in Calderbridge when the bull mastiff attacked him.

He sustained serious injuries to his face during the five-minute ordeal, which also saw his father William bitten as he tried to save his son, the Times and Star reports.

It was later discovered that the dog had bitten people on three previous occasions. The owner of the dog, who also owned the pub, was banned from keeping a dog for eight years.

Zion’s family took legal action against the unnamed man and a payout has now been secured for his parents, as well as for him.

The final settlement for the child will be decided in a year’s time.

Compensation can be claimed following an attack by a dog, particularly if it can be proved that the animal had a history of aggression and that the owner should therefore be taking extra measures to protect the public.
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£17k payout for man injured in skip fall

August 12th, 2009

㾽k payout for man injured in skip fall

A man who narrowly escaped death on a construction site is to receive compensation after a judge ruled that his employers were responsible.

Chris Costelloe had been standing in a skip full of concrete, giving directions as it was delivered in September 2005, the Irish Herald reports.

However, while he was radioing to colleagues, the cable snapped and the skip fell 40 feet to the ground, taking the victim with it.

Mr Costelloe was taken to hospital, but was found to have suffered only minor injuries.

However, he took legal action against Castlepark Construction and Stafford Tower Cranes for their negligence, claiming that the injuries he did sustain to his hands had prevented him from carrying out everyday tasks and playing in his brass band.

Mr Justice Matthew Deery this week ruled that Mr Costelloe should be paid £17,167 in compensation for the suffering he was caused.

"I am satisfied he is a genuine witness whose life has been very disrupted over the last four years," he remarked.

Employers are required by law to protect their workforce under the Work at Height Regulations 2005 and should avoid designating tasks high above ground where possible. If it is unavoidable, they should take appropriate measures to prevent falls.
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