Thank you, Ruth Johnson, for all your help and support through this process. It has really helped having a regular contact.

A.Willey

News

Showing articles created in February 2011, Show all

Health and safety at work update

Mon 28th Feb 2011

The issue of Health and Safety at work has recently arisen again in the case of Kmiecic v. Isaacs. At the time of the accident Kmiecic was carrying out work as a casual labourer for a building contractor on the roof of Isaacs. He fell from a ladder and sustained serious injuries. The building contractor was uninsured and so Kmiecic commenced proceedings against Isaacs, as the occupier of the premises.

Jackson LJ confirms that breaking the Highway Code is not negligent.

Fri 25th Feb 2011

One would normally expect to be penalised when in breach of the Highway Code, but this does not now appear to be the case.

In Nicholas Owen Gaod v (1) Peter Butcher (2) W I Butcher & Sons [2011], a motorcyclist was claiming compensation for serious injuries from the driver of a tractor who had made a right turn, cut the corner and entered the exit lane instead of the entry lane.

UK consumers rights concerning timeshares and holiday club memberships.

Fri 25th Feb 2011

The European Timeshare, Long-term Holiday Products, Resale and Exchange Contracts Directive 2008 was adopted in February 2009 and replaces the Timeshare Directive 1994. In the UK, the directive has been enacted by the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 ("the regulations"). The regulations, which came into force on Wednesday 23 February 2011, will replace the current regime such as the Timeshare Act 1992, Timeshare Regulations 1997, 2003 etc and covers timeshare and timeshare related services such as holiday clubs. The regulations therefore close one of the loopholes exploited by unscrupulous companies and salesman using high-pressure sales tactics selling worthless holiday club memberships, and should be enforceable EU-wide.

Can Motorbikes Ever Be As Safe As Cars?

Thu 24th Feb 2011

Research is currently underway on Saferider systems in simulators and on road bikers by the Motor Industry Research Association (MIRA), an organisation that acts as a testing and innovation centre for car makers, to investigate ways in which collision detection devices and other safety features more usually found on cars might be adapted for use on motorbikes.