Law Society Reacts To Small Claims Court Limits Rise For Personal Injury

According to the UK's Law Society, the Chancellor's proposal to increase the small claims court limit from £1000 to £5000 would leave many personal injury victims from road accidents without proper legal advice.

Law Society President Jonathan Smithers pointed out that the "fivefold increase in the present level of cases currently within the small claims procedure" only makes it difficult for victims to traverse the small claims court without legal advice. They will be forced to represent themselves.

Smithers pointed out that insurers have every resource to gain legal advice, making it unfair for victims in the process.

The proposals was a result of the Chancellor's survey with insurers regarding the £2 billion yearly loss to fraudulent and exaggerated soft tissue injuries. Whiplash injuries, which have no immediate symptoms of injury, merit more than £4000 from insurers.

According to medical experts, anybody who claims to have whiplash, even without proper health documentation, can earn recompense at any amount.

However, the Law Society President said that if the government implements its plans, the limit will also apply to facial scarring, which can merit more than £10,000 in recompense.

UK Libel Cases Count Reduced By One-Third

With "serious harm" a required evidence for any type of libel case, the UK's Defamation Act of 2013 had the number of cases drop by 30 per cent this year alone.

Thomson-Reuters reports that the number of defamation cases in the United Kingdom had fallen to 63 from 86 cases, which many argue is the lowest level it had reached in the last six years.

The new libel laws acted as a foil against trivial libel cases that allowed anybody, especially prominent UK figures, the ability to file libel against small criticisms done mostly by columnists and journalists.

“The new act offers stronger protections to those accused of making defamatory statements,” said Harry Kinmonth, a senior associate in the media team at City law firm RPC. “Fewer trivial defamation cases are now making it to court as a result, and claimants are looking to bring alternative causes of action.”

Social Media Defamation On The Rise

Despite the law, social media defamation continues to rise.

According to Thomson-Reuters' Practical Law Service contributor Harry Kinmonth:

“Someone is far more likely to find themselves the subject of online postings than of stories in the more traditional media. And there is the perception that such postings risk being shared widely and at speed. As a result, claimants view the potential for damage to be high.”

Kinmonth added that social media usually focuses on individuals who post the erroneous or libellous information and not the social network itself.

A Tale Of Two Abortion Laws

Scotland didn't win the independence vote during the referendum because people believed the new devolution powers will give the government a shot at staying in the UK and avoiding a host of problems with sovereignty.

With new powers comes duplicates of laws devolved for the Scotland government's personal use. However, this is necessary, according to Scottish Secretary David Mundell. He said there's no "convincing constitutional reason" why the move should not move forward.

One of these is the abortion laws.

Hasty Devolution

Abortion traffic is a primary concern among Scottish politicians. As Britain's own rules increase the difficulty of obtaining standard abortion services, Scotland's new laws will increase this traffic and increase the cross-border problems of the country.

Women and human rights organizations said the adoption of new abortion laws may be a hasty devolution of Scottish laws. The government is also warned that it could create a "differential and discriminatory impact on women and girls in Scotland."

End of Life Issues    

According to Mundell, the Scottish Government has the right to deal with end of life issues. With powers extending to the NHS and criminal justice in Scotland, abortion law, even if a duplicate of Britain's own laws, is Scotland's own laws.

“I do not see a convincing constitutional reason for why abortion law should not be devolved and that is what has led me to this decision. What will follow is proper engagement with interested parties as we take this matter forward," he said.

MedCo Procedures Under Fire from Claimant and Insurance Lawyers

Disgruntled legal representatives negatively expressed their opinion of MedCo's new whiplash case medical reports that hinted at 'gaming' the system.

The Association of Personal Injury Lawyers blamed MedCo for lax screening, auditing and accreditation of firms even before their online system started. They added MedCo had not optimised the use of technology because using technology to stand out from competitors will have no choice regarding the medical reporting organisations they would use.

Other lawyers, including Kennedys that represents several motor insurers worldwide had called for transparency for MedCo's new process to minimise which firms are instructing medical experts. MedCo's aim should be the breaking of financial relationships between solicitors and experts or medical reporting organisations. The change of objective would provide a source of good-quality, transparent experts for claimants.

Many observers said MROs are just data collection tools where insurers harvest information from medical experts with some believing that private experts should not report to MedCo.

Kennedys added that whiplash claims had created bad behaviours and transparency, not monetization or system 'gaming' is required. Head and Partner of Kennedy's Motor Practice 

Niall Edwards from Kennedys said MedCo will need proper audit procedures in place and proper information management to minimise bad behaviours. He said the complexity of systems makes them vulnerable to exploitation that could lead to undesired resolutions.

Campaigners Hope New Figures Would Encourage Changing UK Laws Regarding Assisted Dying

About 'one person a fortnight' travels from Britain to the Swiss Dignitas to choose assisted dying at Swiss clinics. The Dignity in Dying campaign group hope that the UK government would consider legal changes regarding assisted dying after seeing the figures.

Their information reveals that about 292 Britons have gone to Dignitas from 2002. About 57 Britons who came to Dignitas had come from the Greater London Area.

According to 68-year-old Bob Cole, who had an interview with the press regarding his decision to go to Dignitas:

“There are some of us who think we have come to the end of a useful, justifiable life and want our dignity and quality, and surely there is no wrong in saying, ‘Well, that’s it, I’ve done everything I wanted to do, I won’t be able to do anything that is worthwhile’,” he said. “And I know people will argue with me, so therefore I want to end my life now, and that will end in the next few weeks.”

Cole is suffering from mesothelioma, a lung cancer caused by asbestos inhalation. He had inhaled the disease when he was an apprentice carpenter in the 1960s.

He is also the first person to publicly speak about ending his life before he entered dignitas to end his life.

Oakland Protesters Seek Control of Law Enforcement Surveillance

According to Oakland protesters, they are close to victory in their fight to take control of law enforcement surveillance. Police spying in the California port city have been heavily criticised by residents. Now, they are campaigning to regulate the purchase and use of surveillance equipment by law enforcement agencies.

The approval of the legislation they push could make Oakland the first country to be alarmed and protest against the rising number of cameras and other surveillance technologies used by law enforcement agencies. The activists are also hopeful that the privacy advisory committee members would draft their city ordinance on surveillance.

According to Oakland residents, the move was much awaited.

The Occupy Oakland protests have begun from 2012 to 2013. The California Government had planned to link an estimated 700 cameras throughout the city with license plate readers, shot spotters and other surveillance equipment. The link will allow law enforcement to have real time access to data.

While law enforcement agencies contest that Oakland has 8,000 violent crimes for a population close to 404,000, protesters said the surveillance will not lower the crime rate. They believe it to be the excuse of law enforcement to increase surveillance programs in the city. 

UK Airlines Face Legal Action Over The Quality Of Cabin Air

The European Aviation Safety Agency had tasked German researchers to perform a thorough investigation of the quality of air in 60 commercial flights during the 17 months to uncover answers to the questions whether passengers and crew are duly exposed to toxic fumes in-flight.

The investigation comes after Unite, which represents 20,000 air cabin crew members in the United Kingdom, had called for air quality to be monitored on all flights.

Unite also backs 14 individual legal cases against British Airways and other companies for potentially shortening their lives due to toxic fumes.

Meanwhile, Boeing research had confirmed that cabin air is safe to breathe.

“Cabin air is safe to breathe,” Boeing said. “Research [has] consistently shown that cabin air meets health and safety standards and that contaminant levels are generally low.”

It was in the 1950s when contaminated bleed air became a large issue, according to the Global Cabin Air Quality executive lobby group. The group said that such events are under-reported.

Studies in the past have shown little progress in confirming contaminated air bleed. Duke University in the United States found genetic variation affects the probability a person could have adverse effects inhaling organophosphate toxins in the cabin.

Tories Plan New Law To Target Radicalisation

As the Conservative Party once again reigns in the UK parliament, Prime Minister David Cameron made it clear that he and his cabinet will create new powers to tackle radicalisation.

According to Cameron, the country has been a “passively tolerant society” for far too long.

The new bill will include new immigration rules targeting terrorist activities and suspects, powers to close extremist infrastructure and “extremist disruption orders.”

The later may be the authority to use communications disruption and misinformation into terrorist networks for monitoring.

Home Secretary Theresa May had set out the proposals before the election. 

However, the Conservatives still face opposition from Liberal Democrat coalition partners for the new powers.

The UK Supreme Court will review the measures’ provisions, which include banning orders for hate speech by extremist organisations.

Meanwhile, analysts say that the new measures can silence any group or individual they want, political or not. The new measures may undermine democracy or British values of tolerance and mutual respect.

Home Secretary May is also looking to tighten Asylum laws for any person with extremist views.

The funding or membership of any person in a group suspected of extremist activity would be considered committing their own criminal offence.

Revenge Porn Gets Implemented. Find Out Why The Criminal Justice Act Is So Important.

According to nine police stations in England and Wales, the UK has 146 cases of revenge porn mostly involving women and children as young as 14-years-old. Perpetrators of these crimes often walk away unscathed from their charges due to a lack of law.

Plenty praised the revenge porn law. To understand the law further and why the UK needs it, this infographic will help you get started!

Spain Deals New Law Limiting Freedom of Expression

As of today, the Spanish Senate has proposed a new law that would limit the number of protests in the country. A fine from €600 to €600,000 can be imposed on officials who organise illegal protests throughout the country. A global outcry demanded the law be trashed.

Today, Spanish protesters could only hold protests against the government if they fulfill certain stricter requirements. Officials must obtain licenses from regional governments before they could schedule their protests. Meanwhile, disruptive protests could receive higher fines.

A fine of €600 goes to protest officials whose protests are illegal in undisclosed areas. A fine of €30,000 is given if the protests create disruption or infrastructure and property damages against parliament and regional government offices. Disrupting operations in Spanish refineries, nuclear plants and other industrial sites with or without a license could cost about €600,000 in total fines.

The ‘gag law’, which is to be ratified by the next month came under fire from different activist groups.

Greenpeace said that it is the citizens’ right to express their opinion and march against parliament.

Meanwhile, the Platform in Defence of Freedom of Information said that it is one of the gravest attacks against liberty since “the time of Franco.”

England Now Bans Smoking in Cars With Children.

Any vehicle or parent who is driving with children and consumes tobacco will be fined £50 per offense. The new law will be implemented on October 1 in England and Wales. Meanwhile, Scotland is also considering introducing a similar ban.

The British Lung Foundation considers the new law a victory, however opposition deems that it is an “unenforceable” law.

Anybody who is driving alone or driving a convertible with the top down will not be fined for smoking.

Around 342 MPs had voted in favour of the new bill while 74 had been in opposition.

The BLF said that 430,000 children are exposed to second-hand smoke in vehicles every week. This increases the risk of asthma, meningitis and even death among young children.

Public Health Minister Jane Ellison said that three million children are inhaling second-hand smoke in cars, which puts their health at risk.

"We know that many of them feel embarrassed or frightened to ask adults to stop smoking which is why the regulations are an important step in protecting children from the harms of secondhand smoke."

Dr Penny Woods, chief executive of the British Lung Foundation, said: "This is a tremendous victory.

"We urge the Government to show the same commitment to introduce standardised packaging for all tobacco products, in order to protect the 200,000 children taking up smoking every year in this country.

"We are certain that these measures together will prove to be two of the most significant milestones for public health since the smoke-free legislation of 2007."

Northern Ireland’s Ban on Gay Marriage Now Faces Legal Challenge

A Belfast court would be hearing the case of the Rainbow Project, a gay rights organisation in Northern Ireland, against the ban on gay marriage in the region.

The Rainbow Project pushed the litigation after a gay couple married in England now living in Northern Ireland, did not have their marriage lawfully constituted in Northern Ireland. They have taken legal action to have it recognised as such.

The couple remains anonymous and is represented by the Rainbow Project.

John O’Doherty, Rainbow Project’s Director, said “We are very happy to support this important legal challenge. While same-sex marriage legislation in Westminster had many positive aspects, we believe that its provision forbidding the recognition of lawful same-sex marriages in Northern Ireland is irrational, contrary to principles of British constitutional law and incompatible with the European convention on human rights.

“We are resolute in our assertion that no one can be married in one part of the United Kingdom and then not married in another. Once a couple is lawfully married in the UK, we contend that their relationship cannot be reclassified as a civil partnership without their consent, which is exactly what the law currently does. The legislation says to lawfully married people that they are no longer married. This is unconscionable and cannot be permitted to continue.

“Marriage is a fundamental human right, which is now recognised in the UK as including same-sex couples. We will work to ensure that this right is realised for everyone in the United Kingdom and we are confident that marriage equality will be achieved in Northern Ireland.”

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