Michael Mulcare | Mayo Wynne Baxter
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FLIGHT DELAYS

Plane landing

Recent research from Which? shows that about 43 million passengers suffered delays in the UK last year. According to figures, around 183,000 long haul passengers and 729,000 short haul passengers were delayed by at least three hours. At this time of year, it’s useful to know what your rights are as a passenger travelling within… Read the rest of this post (No Comments)

ALL AT SEA

Woman looking out at sea (rear view)

During the holiday time, many people may be sailing on cross channel ferries across to Europe or perhaps even going on cruises. Although we hope that that it’s all “plain sailing”, what International Laws would come into play if there was an accident whilst at sea? The starting point is the 1974 Athens Convention and… Read the rest of this post (No Comments)

Employers’ Liability

Liability placard with night lights on background

At Mayo Wynne Baxter, our Legal 500 Top Tier rated Insurance Team defends personal injury claims brought against business owners who have failed to take out employers’ liability insurance, or whose policy has lapsed before an accident involving one of their employees. Uninsured claims can expose the business to a significant financial liability. Employers Liability… Read the rest of this post (No Comments)

Diving At Work

diver

Summary The UK diving industry includes a wide range of activities from deep saturation diving in support of the offshore oil and gas industry through to civil engineering, archaeology, marine-related projects, film production and recreational instruction. All are subject to statutory obligations. In one area – fish and shellfish farming – a Scottish Court recently… Read the rest of this post (No Comments)

Disclosing Surveillance

spy at work

There are times when a defendant receives valuable video surveillance footage of a claimant late in the proceedings. How can it then be introduced as evidence? The starting point is that a party has a continuing duty of disclosure to the other under CPR Part 31.11 which only concludes when proceedings end. If privilege is… Read the rest of this post (No Comments)

Staged Claims

falling man isolated on white background

With an estimated £2.1 billion of undetected insurance fraud committed every year in the UK, there has been an increasing imperative upon defendants and their insurers to combat this through the courts. Insurance fraud has an impact upon the public, who end up paying for the dishonesty of some through higher insurance premiums. Insurance fraud… Read the rest of this post (No Comments)

Fading Light

Traffic at night

Summary A Local Authority has been urged by a Coroner to review its policy of switching off street lights in the middle of the night to save money, after he concluded that it had contributed to a woman’s death in September 2014. Facts Cheryl Richards, 31, was returning home at about 2 o’clock in the… Read the rest of this post (No Comments)

Can an insurer try to claw back a compensation payment when it finds new evidence of fraud years later?

Tearing up the contract

The Court of Appeal considered this point in March 2015 in the case of Hayward –v- Zurich Insurance Co plc (2015) following an earlier judgment, which set aside a previous settlement in a personal injury claim. It rejected the insurer’s arguments and decided that the original settlement was binding. Background to Appeal The person making… Read the rest of this post (No Comments)

Diving at Work – Managing the Risks

U.S. Navy Deep Sea Diving Helmet

Summary A Scottish Court recently convicted the captain of a dive vessel to nine months in prison following a Health and Safety Executive (HSE) investigation into the death of a diver, who was diving for shellfish in UK inshore waters, as part of a commercial venture. The case reminds those in the UK diving industry… Read the rest of this post (No Comments)

Trees from outer space

In a latest example of the use of space technology, Exeter City Council has secured funding from the UK Space Agency to develop a ground-breaking tree management system to show the exact location and details for fallen or damaged trees. The council is responsible for around 8,000 trees within its boundaries and needs to risk… Read the rest of this post (No Comments)