June 9th, 2009
In what is being hailed as a landmark ruling, the former servicemen who took part in atomic testing in the 1950s have been given the go-ahead to sue the Ministry of Defence (MoD).
The 1,011 men claim that the weapons experiments left them exposed to radiation which later caused a range of ailments, including cancers and fertility problems.
Although the MoD argued that the tests had not contributed to their illnesses and that the claims had been made too long after the event, Mr Justice Foskett ruled this week that ten of the lead cases could go to full trial, paving the way for claims of up to £100 million.
Douglas Hern, secretary of the British Nuclear Test Veterans Association, described the breakthrough as "a major victory".
Similar to any other employer, the MoD has obligations to make sure that its employees have a safe environment to work in.
This includes proper training for all employees in equipment usage and general job requirements, suitable supervision and safe equipment.
Anyone who feels they have not been given this safe environment may be eligible for compensation.
Tags: 100 Million, 1950s, Ailments, Breakthrough, Cancers, Fertility Problems, Foskett, Hern, Illnesses, Landmark, Ministry Of Defence, Mr Justice, Nuclear Test, Paving The Way, Radiation, Supervision, Veterans Association, Victory, Weapons
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April 14th, 2009
A police officer who was badly injured when his car was rammed by an escaping thief has won the right to claim compensation.
PC Mark Tait was a passenger in a squad car that was chasing a stolen Volvo in March 2003 when it was crashed into at a junction in Wigan.
Although Mr Tait’s claim was originally denied by the Criminal Injuries Compensation Authority (CICA), which claimed that the driver being pursued was only trying to escape, he appealed and a judge has now ruled that the stolen car had been used as a weapon with a possible intention to cause harm.
Mr Justice Stadlen has ordered a new tribunal in which it will be decided how much compensation Mr Tait is to receive, although it is thought the sum will be ’substantial’.
CICA is part of the Ministry of Justice and is responsible for administering the Criminal Injuries Compensation Scheme in England, Scotland and Wales.
Tags: Chase, Cica, Criminal Injuries Compensation, Criminal Injuries Compensation Authority, Criminal Injuries Compensation Scheme, England Scotland, Intention, Ministry Of Justice, Mr Justice, Police Officer, Policeman, Squad Car, Stolen Car, Tait, Thief, Tribunal, Volvo, Wales, Wigan, Wins
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April 1st, 2009
Damages are to be paid to a woman who suffered a stroke after being involved in a fatal road accident.
Bruna Long, 62, was behind the wheel near Great Horkesley in Essex when she was hit by an oncoming vehicle being driven by Darren Puljic, the Maldon and Burnham Standard reports.
The 20-year-old was not wearing a seatbelt and it is thought that he may have been exceeding the 60 miles per hour speed limit, as well as being on the wrong side of the road.
He died in the collision, while Mrs Long sustained multiple fractures and a head injury. Her husband, Christopher Long, also suffered orthopaedic injuries.
Mrs Long went on to suffer a stroke which has left her permanently disabled with communication and speech problems. She now needs long-term care.
She took legal action against Mr Puljic through his insurers, Norwich Union, and the firm admitted liability.
After a high court hearing, the organisation has agreed to an undisclosed payout, although it is believed the compensation may run into seven figures.
Mr Justice Mackay said the pay-out should provide "reasonable financial security" for Mr and Mrs Long.
When a road accident occurs and liability can be proven, compensation will always be paid through the insurers of the responsible party, so victims should make a claim if they feel they are eligible.
Tags: Damages, Essex, Financial Security, Fractures, Head Injury, Long Term Care, Mackay, Maldon And Burnham, Miles Per Hour, Mr And Mrs, Mr Justice, Norwich Union, Responsible Party, Road Accident, Road Crash, Speech Problems, Speed Limit, Stroke, Wearing A Seatbelt, Wrong Side Of The Road
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February 10th, 2009
A passenger on a motorbike who sustained serious brain damage in an accident is to receive compensation.
Richard Dady, then 16, got on a bike with a 15-year-old unqualified driver, who cannot be named for legal reasons, in October 2004, the Hertfordshire Mercury reports.
As the rider drove through Waltham Abbey – which is situated in Essex, approximately 16 miles north of London – he collided with a car coming in the opposite direction.
Mr Dady broke several bones and also sustained brain damage that has left him unable to live the life he had previously.
Through his mother Kim, Mr Dady took legal action against the driver of the other car and has now secured a settlement of £450,000, although the other party did not admit liability.
Commenting on the ruling, Mr Justice Eady said he would not hesitate to approve the payout.
"All that remains is for me to wish Richard and his mother well for the future," he added.
Tags: Bones, Brain Damage, Eady, Essex, Hertfordshire Mercury, London, Mercury, Motorbike, Mr Justice, Unqualified Driver, Waltham Abbey
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January 22nd, 2009
A man who was left with multiple injuries after a road traffic accident is to receive a "substantial" compensation settlement from the driver of the other vehicle.
Stephen Pantry, now 22, was riding a trials bike in Thorpe Marriott in December 2004 when a car collided with him, the Eastern Daily Press reports.
He was left in a coma by the side of the road and broke several bones, as well as suffering serious brain damage.
Although these injuries will affect his life badly, Mr Pantry has now recovered sufficiently to gain employment in a supermarket.
Through his mother Shirley, he sued Michael Futter, the driver of the other vehicle.
This week, a judge at the high court ruled that he should receive a large lump sum of compensation, followed by index-linked payments to cover his long-term care.
Mr Justice Burnett said: "[The settlement] will enable you to move on to the future with some certainty that money shouldn’t be a problem."
Anyone who is involved in a road traffic accident may be able to claim compensation from the person responsible for the accident, whether that is the driver of the vehicle in which the victim was travelling or a third party driver.
However, it must be proven that another person was responsible for the injuries caused.
Tags: Bones, Brain Damage, Coma, Eastern Daily Press, Long Term Care, Lump Sum, Marriott, Money, Mr Justice, Pantry, Road Crash, Road Traffic Accident, Supermarket, Third Party, Trials Bike
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