Lawyers say government moves to stop ‘spurious’ personal injury claims will lead to cases increasing Government plans to end Britain’s burgeoning litigation culture will achieve the opposite result, according to legal experts who warn that the measures will trigger an increase in the number of individuals pursuing “spurious” personal injury claims. The embarrassing claim threatens to undermine the government’s case for overhauling Britain’s legal aid system, which ministers say is long overdue and is necessary to save the taxpayer some £400m a year. The justice secretary, Ken Clarke, has said the measures are necessary because the “civil justice system has got out of kilter”, resulting in “spiralling legal costs, slow court processes [and] unnecessary litigation”. However, the Consumer Justice Alliance, an umbrella body comprised of charities, law firms and insurers, warned that key proposals to transform the personal injury claims system, outlined in the legal aid, sentencing and punishment of offenders bill, will backfire. Under the current system, legal costs are borne by the losing party. The system works because a claimant takes out “after the event” (ATE) insurance that pays the defendant’s costs if the claim fails. But under the new scheme, known as “qualified one-way cost shifting”, the defendants will bear their own legal costs whatever the outcome. In addition, under the new system the claimant does not have to obtain a lawyer to make a claim, nor do they need to obtain ATE insurance. The alliance warns that this combination will result in a “chancer’s charter”. It argues that defendants will find themselves under pressure to settle small personal injury cases – often disparagingly referred to as “slips and trips” in the legal profession – based on economic realities rather than merit. The alliance quotes a typical example of a local authority who could take the view that it is better to pay out £2,000 in compensation to settle a spurious case where someone has slipped on a wet floor, rather than pay £10,000 in legal costs which they will face whether they win or lose. Robert Khan, head of Law Reform at the Law Society, warned that once introduced “many defendants including public authorities will be worse off”. The society has launched a campaign, Sound Off For Justice, against the reforms. Khan warned that the reforms to the way that personal injury claims are funded will result in many becoming uneconomic for solicitors to take on. “This will lead to a major increase in accident victims representing themselves without the benefit of legal advice,” he said. The alliance argues that the current system works well by ensuring lawyers and insurers will take on only cases that have a reasonable chance of success, a system that “filters out” the majority of claims. But it claims the new system removes this filter. “The government is seeking to tackle a compensation culture,” said Nigel Muers-Raby, the alliance’s chairman. “Astonishingly, their remedy – qualified one-way cost shifting – to this non-existent problem will almost certainly result in a significant increase in bogus claims that it will be financially sensible for defendants to settle even if they are not at fault. This is a chancer’s charter.” A spokeswoman for the Ministry of Justice defended the reforms saying that the current system encouraged “excessive, costly and unnecessary litigation”. She said that the government acknowledged that as a result of reforming no-win no-fee agreements, it was necessary to protect personal injury claimants from having to pay the other side’s costs if they lost, otherwise genuine claims would not be brought. Instead claimants will have to make a minimum payment to initiate their claim in a bid to block spurious claims being brought. The government has yet to set a level for the payment. Concerns about the impact of the government’s legal aid reforms are threatening to cause divisions within the coalition. A number of Lib Dem MPs are known to have reservations which are expected to be aired when the party holds its conference this week. Alistair Webster QC, chair of the Liberal Democrat Lawyers’ Association, has described the bill as “dire”. Consumer rights Consumer affairs Legal aid Jamie Doward guardian.co.uk
Continue reading …Details are emerging from the deal for a four-year contract struck last night by GM and the UAW. Both sides seemed pleased with the deal, the first since the government bailout and one that will serve as a model for the UAW’s talks with Ford and Chrysler, notes the Wall…
Continue reading …Supporters pour in as police numbers swell ahead of tomorrow’s day of reckoning, when authorities will try to evict some 50 caravans from the Basildon site Under a banner reading “no ethnic cleansing”, the entrance to the Dale Farm Travellers’ site was a hive of activity yesterday. Supporters arrived by car, bicycle and on foot, and those residents who work in other parts of the country returned to be with their families and prepare for the bailiffs tomorrow. A police presence was also building up in the area ahead of the eviction targeting some 50 caravans and small chalets at the site near Basildon, Essex. Many of the Travellers were in tears as women huddled together in caravans, anxious at the impending action by Basildon council, which comes after years of legal wrangling over the travellers’ right to stay on what has become the most disputed piece of privately owned land in Britain. Ann Livingstone, 70, from Norwich, was one of those who arrived on Saturday at what has been named “Camp Constant”, the protest camp where around 100 to 150 people have come to give their support to the gypsies. “I came to represent reasonable people who feel this country has come to such a silly point where £18m of taxpayers’ money can be spent in pushing people out of their homes on land they own. Where do they go now? On to someone else’s land?” she said. Livingstone said she intends to stay until tomorrow to show solidarity with other protesters, and is prepared to be arrested. The travellers have been giving up their beds to the supporters, who are of mixed age and background. Mamie Slattery, 57, said they appreciated the support. She was moving her valuables out of her static home into a small caravan. “I
Continue reading …Road safety officers have found that most seats are wrongly installed, including many put in by the shops that sell them Two-thirds of child car passengers are being put at risk of injury or death because of poorly fitted seats, the Observer has learned. At least 66% of car seats for babies and young children are wrongly fitted, according to figures supplied by local authority road safety officers around the country. Many were poorly fitted by parents, but a separate investigation by consumer group Which? found that almost half those installed by retailers’ own fitting services were also done incorrectly. Problems included seatbelts routed wrongly and harnesses that were too high or too loose. In Portsmouth, of 141 seats tested over the summer, only 41 (29%) passed the safety check. Thirty-four (24%) failed on a major point: of these, six were the incorrect stage of seat for the child; five were too old to be used; and seven were condemned by the council’s road safety officers. Data from Wirral council showed a similar number of problems, with 37 out of 47 seats (79%) not fitted properly. Of these, road safety officers were able to adjust 33, but four were not suitable for the child who was using them. In Oxfordshire, problems were found in 77% of cases, with badly routed seatbelts accounting for 29% of mistakes. An Observer campaign is being launched to highlight the problem of badly fitted car seats and to encourage retailers and parents to ensure they are using seats properly. Research given exclusively to the Observer by Which? shows that even parents who have made use of a retailers’ fitting service may be transporting their children in unsafe seats. Testers from Which? who shopped incognito at 43 stores around the country – including branches of John Lewis, Mothercare, Babies R Us and seven independent retailers – found mistakes made in almost half the cases. The retailers all offer fitting to parents who buy child car seats in their stores or on their websites, and most claim to have trained staff doing the job. However, Which? said that in 49% of the stores it visited assistants failed to install seats correctly. A similar number recommended seats that were incompatible with the tester’s car. Richard Lloyd, executive director of Which?, said: “Major retailers made serious and potentially dangerous mistakes when advising parents on child car seats. This just isn’t good enough.A child’s safety will depend on having the right seat correctly fitted, and parents expect to be able to rely on the advice they’re offered in-store. Retailers have got to raise their game and train their staff properly.” Although some of the faults are minor and may not lead to additional injuries, some are bad enough to prevent the car seat offering the protection it should. Statistics do not exist to show how badly fitted seats contribute to accidents – police are not required to collect this data – but research suggests that putting a child in a badly fitted car seat could have dangerous consequences. “Seats that are incorrectly fitted can lead to worse outcomes in an accident,” says Duncan Vernon, road safety manager for England at the Royal Society for the Prevention of Accidents.” Travel safety advice Children Retail industry Hilary Osborne guardian.co.uk
Continue reading …Reno police say a total of nine people have died in a crash of a World War II-era plane at an air race. The deaths include seven who were killed on the tarmac, including the pilot, and two others who died at hospitals. (Sept. 17)
Continue reading …” Michele Bachmann went on national TV this week to tell the world that the HPV vaccine could render women “retarded.”‘ (h/t Boing Boing )
Continue reading …When it comes to President Obama, just about every 24-hour news network is guilty of indulging in a scandal, but the most recent one regarding California-based solar company Solyndra has Jon Stewart telling all media, “That custom-tailored Obama scandal you ordered is finally here.” Stewart approached the story of Solyndra’s collapse after receiving over $500 million from the Obama administration to produce green energy by comparing it to previous scandals the media has eaten up, from Bill Ayers to birth certificates. But as he went through the scandal piece by piece, he couldn’t deny the “weapons-grade political fodder” that is Solyndra’s bankruptcy. Not only does Solyndra sound like a dystopian future planet, but Obama’s endorsement of it — including a personal tour of the facilities — adds insult to injury when it comes to the half a billion dollars it received from the government before its collapse. Although according to Stewart it only took about 1.3 percent of the money give to green energies by Obama, it was their poster child. Stewart did give the President’s investment, however foolish, the benefit of the doubt, saying that the failure of one company doesn’t discredit the entire idea of a green energy economy, but he had to add one big “but”: “But, if in, let’s say, 1936 you spoke about the growing importance of air travel in front of, I don’t know, the Hindenberg, you’d be right about the future of air travel — but you’d still be on f*cking fire!” What really adds the shock value to the situation, and what has given House Republicans and the media even more ammunition against the President, is a “whiff of sinister cronyism.” Watch the full segment below to hear Stewart’s reaction to insider warnings that predicted Solyndra would go bankrupt this year, reports that a top Solyndra investor visited the White House several times before their loan was approved and other details that are undoubtedly giving Fox News an erection. WATCH:
Continue reading …WASHINGTON — Six years after she was deemed cancer-free, Kara Kennedy accepted the Presidential Medal of Freedom on behalf of her father, just weeks before Sen. Edward Kennedy died battling a brain tumor. However, her own lung cancer treatment – surgery and grueling chemotherapy and radiation – left her physically weakened, her brother Patrick Kennedy said. She died Friday at age 51 after her daily workout at a Washington health club. “Her heart gave out,” said Patrick Kennedy, a former congressman from Rhode Island. “She’s with dad.” In a telephone interview from her home in Boston on Saturday Joan Bennett Kennedy said she and her daughter were “best friends” who liked to take long swims together and walks on the beach. She said her daughter had fully recovered from her cancer and didn’t have any lingering health issues. “She was very healthy. That’s why this is such a shock,” Joan Kennedy said. Kennedy was a member of the Sport & Health fitness center, though spokeswoman Nancy Terry declined to release further details about the incident, citing member privacy. Her ex-husband, Michael Allen, said Kara Kennedy frequently visited the club and went swimming every day if she could. He said details about her death would be released by The Edward M. Kennedy Institute for the United States Senate. He said funeral arrangements are being made. “Insofar as I’m concerned her legacy is one of courage and grit and determination in the face of her own illness and in the face of many family tragedies and limitless, absolutely limitless, devotion to our children,” he said. Kara Kennedy was born in 1960 to Edward and Joan Kennedy, just as her father was on the campaign trail for his brother John F. Kennedy during the presidential primaries. The late senator wrote of his oldest child in his 2009 memoir, “True Compass,” that “I had never seen a more beautiful baby, nor been happier in my life.” Later, she appeared with her father during his unsuccessful 1980 campaign for the Democratic presidential nomination, and she and her brother Edward Kennedy Jr. helped run the senator’s 1988 re-election campaign. Her lung cancer diagnosis came in 2002, and the prognosis was grim. But the family refused to accept that, the senator wrote. She was able to have an operation, and Edward Kennedy accompanied his daughter to chemotherapy treatments. “Kara responded to my exhortations to have faith in herself,” he wrote. “Today, nearly seven years later as I write this, Kara is a healthy, vibrant, active mother of two who is flourishing.” Her children, Grace and Max, are now teenagers. Kara Kennedy’s two brothers have dealt with health issues of their own: Edward Kennedy Jr. lost a leg to bone cancer as a child, and Patrick Kennedy had surgery in 1988 to remove a non-cancerous tumor that was pressing against his spine. “Her magnificent strength in her successful battle with lung cancer was a quiet inspiration to all of us and provided her family and fellow patients with hope,” the Edward M. Kennedy Institute said in a news release. Five months before her death, Kara Kennedy wrote of her father and the institute named in his honor in an article published in The Boston Globe Magazine. She described Christmas 1984, when her father insisted on spending the night helping relief workers feed hungry people in the Ethiopian desert. And of how each summer, Ted Kennedy loaded the family into a Winnebago for road trips to hike through historic battlefields and buildings. “What mattered to my father was not the scale of an accomplishment, but that we did our share to make the world better,” she wrote. “That we learned we were part of something larger than ourselves.” In August 2009 Kara Kennedy accepted the Presidential Medal of Freedom, the nation’s highest civilian honor, on behalf of her father during a White House ceremony. She smiled when President Barack Obama put his arm around her in a comforting way, and teared up when a statement was read about her father’s accomplishments. When her father died later that month she read a psalm at his funeral mass in Boston; it spoke of bringing peace and justice and helping the poor. Kara Kennedy, a graduate of Tufts University, also worked as a filmmaker and in television. She helped produce several videos for Very Special Arts, an organization founded by her aunt Jean Kennedy Smith. She also served as a board member for the Edward M. Kennedy Institute; director emerita and national trustee of the John F. Kennedy Library Foundation; and as a national advisory board member for the National Organization on Fetal Alcohol Syndrome. Terry Lierman, the co-founder of NOFAS who has known Kara Kennedy for more than two decades, said she was always positive, even when she was ill, and always available when the organization needed her. “She was always there, but she was there for the cause and not for her own visibility,” Lierman said Saturday. “I always found it so refreshing.” ___ Associated Press Writer Jay Lindsay in Boston contributed to this report.
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