The state must stop paying rich criminals' costs

Personal Injury Claims

Gangland crime bosses and fraudsters would not normally come high on any list of deserving cases.
Nor, as their large houses, flashy cars and other bling trappings often testify, are many of them poor.

Yet when contentious £350 million cuts to legal aid, which will hit victims of medical negligence, benefit claimants and special needs children, go before MPs for approval this week, these major criminals are one group that won't lose out.

Galling it certainly is, as well as unjust. Spend a few moments listing the unsavoury recipients - who include the notorious London crime boss Terry Adams and two multi-millionaires who ripped off the Candy brothers in a property scam - and any feelings of disgruntlement about the blatant misuse of public money are bound to intensify.

So why is it happening? The reason is that whenever a wealthy criminal is arrested, one of the authorities' first steps is to freeze all their assets. This is sensible. It stops them sending their illicit profits abroad.

The trouble is it also means they are deemed to be poor because they have no money at their disposal, allowing them to qualify for legal aid.

The fact that many still own multiple houses, jewellery, yachts, cars and more besides isn't taken into account.

What's worse is that because their cases are often complex, the legal aid costs are usually high too. The eye-watering case of another London crime boss, Raymond May, illustrates this well. He made £3.26 million in a VAT scam, but received at least £411,000 in legal aid, despite owning a £2.5 million house, a £175,000 yacht, and four other properties.

His accomplice, Vincent Stapleton, received tens of thousands despite making £1.6 million from his crimes.

He once boasted that he never paid tax because all his income came from crime, but was able to tap the public purse for legal aid all the same, later lying repeatedly in court in a further distasteful example of taxpayers' money being squandered on the utterly undeserving.

Official figures showing how £93 million a year is spent on such "very high-cost" cases highlight how much legal aid is lavished on the country's worst criminals.

The system does mean, of course, that if a villain is convicted, all his assets remain available to be confiscated as proceeds of crime. It's true too that judges can order wealthy convicts to repay some or all of their legal aid costs.

The problem is that it's often hard to get the money. Years of court battles frequently ensue as the criminals use every dodge possible to avoid paying.

The effect is that the state pays up front in legal aid in the vain hope that it can recover the money later. That doesn't make sense.

Instead, wealthy suspects should pay for their own defence. Their frozen assets should be released at legal aid rates, under court control, to meet their lawyers' bills.

It would save the public vast sums. There would be the advantage, too, of seeing criminals squirm as they watch their wealth disappear into their own lawyers' pockets.

It's a simple enough change and it should happen this week. When the genuinely needy are facing legal aid cuts, not a penny more should be wasted on society's least worthy.

source: thisislondon.co.uk

Carbon monoxide poisoning claims 50 lives a year

Personal Injury Claims

The All Party Parliamentary Gas Safety Group's inquiry into carbon monoxide (CO) also estimates that 200 people are admitted to hospital annually with CO poisoning, while at least another 4,000 suffer from low level effects.

The whole problem costs the NHS £178 million a year, found the inquiry.

Baroness Finlay of Llandaff, who chairs the group, said: "Low-level carbon monoxide poisoning is a constant risk to us all. Because the gas is so difficult to detect, and the symptoms such as headaches so common, many people may be poisoned without knowing it.

"Moreover, a crude calculation suggests that the effects of such poisoning are currently costing the NHS £178 million a year."

She urged people to install CO alarms so they became as common as fire alarms.

"One take-away cup of coffee costs more than one year’s protection by a CO alarm," she said.

source: telegraph.co.uk

Rebecca Smith's bid for £2m after police crash

Personal Injury Nottinghamshire

A Nottingham woman who suffered brain damage when she was hit by a police car is challenging a decision which denied her £2m in compensation.

Rebecca Ann Smith, now 23, was struck by the car as she crossed Canal Street during a night out with friends on 25 February 2005.

A hearing at Nottingham County Court in January originally found she was 75% responsible for what happened.

She is now challenging the decision at the Court of Appeal.

Her legal team argued that the county court judge was wrong to find that she was mostly responsibility for the accident.

'Worse for drink'

John Leighton-Williams QC said the crash happened because both Miss Smith and the police car took conflicting evasive action.

"She was already in the road to be seen by the officer. Her sudden movement was made to get out of the way," he said.

"If she is to be blamed for that, so is the officer, for suddenly swerving."

Mr Leighton-Williams also said the judge "didn't keep an open mind" about where the larger portion of blame lay and made findings that were "against the weight of the evidence".

He is challenging the judge's conclusion that Rebecca was "the worse for drink" at the time and said there was evidence to the contrary from a number of witnesses.

The court heard she was hit by a fast-moving police car driven by a PC, who was on his way to an emergency outside the MFI store on Castle Boulevard with a colleague.

Appeal Court judge, Lord Justice Ward, sitting with Lord Justice Lloyd and Lord Justice Kitchin, said their decision would be given on the case at a date to be fixed.

Nottinghamshire Police said it could not comment until the legal process was completed.

source: bbc.co.uk

Lorry driver bailed over M1 crash that killed PC

PERSONAL INJURY YORKSHIRE

A LORRY driver arrested after a traffic officer from East Yorkshire was killed in a crash on the M1 has been released on bail.

The 44-year-old man, from the Oldham area, was arrested on suspicion of causing death by dangerous driving following the motorway accident near Wakefield on Monday.

Pc Mark Goodlad, 41, was killed when he was hit by a lorry while helping a woman whose car had broken down on the hard shoulder.

The accident happened on the southbound carriageway of the M1 just after Junction 39 at about 4.14pm when an orange Scania articulated heavy goods vehicle was in collision with a marked BMW X5 police car and a grey Suzuki Swift.

At the time of the collision, the police BMW and the Suzuki were both stationary on the hard shoulder. Pc Goodlad was between the two vehicles, assisting the 51-year-old female Suzuki driver.

The woman suffered minor injuries in the incident.

The Chief Constable of West Yorkshire Police, Sir Norman Bettison, paid tribute to the officer, saying he had made the “ultimate sacrifice” as he went to help a vulnerable motorist in the “dangerous environment of the motorway”.

West Yorkshire Police are appealing for witnesses to come forward.

The officer, from East Yorkshire, was married with one child and had been in the force for 10 years.

Police said the lorry driver had been bailed pending further inquiries.

source: yorkshirepost.co.uk

Erb's palsy specialist compensation firm secures £550,000 for client

TOZERS SOLICITORS

ERB'S PALSY CLAIMS

MEDICAL NEGLIGENCE LONDON

VW v East of England Strategic Health Authority

Miss W was born at Luton Hospital in 1987, the delivery being complicated by shoulder dystocia – an obstetric emergency where one of the fetal shoulders becomes impacted behind the mother’s pubic bone.  If this problem is not correctly addressed the child may suffer Erb’s Palsy, an often permanent injury to the nerves supplying the shoulder, arm and hand.  In Miss W’s case the injury was particularly severe, leaving her with very limited use of the affected arm. 

After slow and largely fruitless investigations by a local firm, the matter was transferred to Tozers LLP’s Exeter office.  Following negotiations with the hospital’s solicitors, negligence was openly admitted in the Letter of Response.  The parties turned their attention to quantum, with particular focus on future lost earnings – it was argued on Miss W’s behalf that she would be much more handicapped in the labour market than the “average” individual with Erb’s Palsy.  Following lengthy negotiations, the matter was settled for £550,000.

Stuart Bramley, a Partner at Tozers LLP commented “Although my firm specialises in Erb’s Palsy claims, it was particularly gratifying to secure this award for Miss W, given the severity of her injury.  A lengthy claim has now ended and she has financial security for the rest of her life”.

source: www.tozers.co.uk

Tozers secures compensation for Devon based cancer misdiagnosis patient

TOZERS SOLICITORS

CANCER MISDIAGNOSIS

MEDICAL NEGLIGENCE DEVON

CG v Royal Devon & Exeter NHS Foundation Trust

A Devon woman has secured £30,000 damages to reflect a missed lung cancer at her local hospital.  When she presented at the RD&E in March 2009 with chest pains, a number of investigations including x-rays were performed and she was discharged.  When she returned two years later with similar pains, the older x-rays were looked at again and it was realised that these showed shadowing on the lung, clearly indicating an early cancer.  Her life expectancy is severely reduced as a result.

During the legal claim brought by Tozers LLP’s Exeter office, the hospital swiftly recognised that the cancer had been overlooked but argued that, even two years previously, the outcome would have been the same anyway. Both sides commissioned expert oncology opinion which came to opposing conclusions on this.  The matter was therefore compromised for £30,000, representing the risks faced by both sides.

source: www.tozers.co.uk

Aston Villa and Scotland's Barry Bannan held after M1 crash

CAR ACCIDENT CLAIMS

Premier League footballer Barry Bannan has been arrested on suspicion of drink driving and failing to stop after a car crash on the M1 in Nottinghamshire.

The 21-year-old Aston Villa and Scotland midfielder was arrested along with Shrewsbury Town striker James Collins on Sunday morning.

A Range Rover travelling south hit the central reservation near junction 26 at 05:30 BST, Nottinghamshire Police said.

The motorway was closed for a short time following the crash.

No other vehicles were reported to be involved.

Derby defeat

A Nottinghamshire Police spokesman said: "Two men from the West Midlands area have been bailed after being arrested in connection with a road traffic collision on the southbound M1 on Sunday morning.

"The M1 had to be closed for a short time while the vehicle was recovered.

"Two men, aged 20 and 21, were arrested in Bulwell, near Nottingham, shortly after 7am on suspicion of drink driving and failing to stop at the scene of an accident.

"Both have been bailed pending further inquiries and will return at a date in December."

Aston Villa declined to comment.

The 21-year-old, capped nine times by Scotland, had featured in Villa's 2-1 defeat by West Bromwich Albion in the Premier League on Saturday.

Coventry-born Mr Collins began his career at Aston Villa and joined League Two Shrewsbury earlier this year.

source: bbc.co.uk

Dock worker stole £75k from firm to fund holidays and dental work

DOCKERS CLAIMS

A DOCK worker stole more than £75,000 from his employers and spent it on exotic holidays and expensive cosmetic dental work.

Nigel Piggott, 49, tricked his bosses at Teesside-based PD Ports Services into paying him overtime for five years – by invoicing them in a false name.

Piggott's contract as a maintenance manager at the firm's operation at Immingham Docks stipulated overtime was a pre-requisite, and he was not paid for doing extra hours, a court heard.

But he complained that he was permanently on-call and often had to step in to "make up the numbers" when he could not find enough men to carry out work on the quayside.

A judge at Teesside Crown Court said Piggott "had a grudge, a chip on his shoulder" about how much work he had to do to earn his £28,000-a-year salary.

Prosecuting, Joanne Kidd said Piggott "got greedy" and invented a worker who was paid on a casual basis – directly into his "treats account".

The company – the largest general cargo stevedores at the busy port – paid out as much as £300 a week to the imaginary boatman for turning out to help Piggott's team to berth vessels and release them.

The court heard how the fraudster enjoyed holidays in Thailand, Singapore, Florida, Prague and Peurto Rico while ripping off his company between 2005 and 2010.

An examination of the bank account also revealed expenditure on costly cosmetic dental work and nights out at expensive restaurants, the court was told.

Piggott, of Windlesham Avenue, Scartho, admitted theft, but put forward a basis of plea which claimed some of the money he pocketed went to casual workers. Judge Peter Fox, QC, rejected his evidence after a hearing to determine the truth, describing him as "far less than frank" and accusing him of "dodging" questions.

The judge adjourned sentencing until next month for the preparation of background reports and granted Piggott bail, but warned him: "You must prepare for prison."

The dishonesty came to light when the company was making people redundant in March last year, and Piggott was one of those facing the threat of losing his job.

Bosses became suspicious when he destroyed 55 electronic files on his work laptop, and deleted the names and numbers of casual workers from his mobile phone.

An investigation revealed that regular payments to the pretend employee – William Mooney – were being directed to what Miss Kidd described as Piggott's "treats account".

Police discovered that when he completed the signing-on form for the unsuspecting Mr Mooney, he used a bogus telephone number and the address of a relative.

The bank account number on the document corresponded to one Piggott had opened within days of filling in the recruitment form, Miss Kidd told the court.

"This was a sophisticated fraud which was dishonest from its inception in circumstances where the defendant went to great lengths when he was threatened with redundancy to destroy or hide documents that would reveal over that five-year period a ghost employee was not working but money was being paid by the company," said Miss Kidd.

Cross-examining Piggott, she said: "You set up the bank account on January 18, 2005, in order to use it to siphon off money to pay for your luxury holidays, eating out and your dental work."

Piggott replied: "It was for work I had completed."

Miss Kidd continued: "You were already unhappy in 2005 about the amount of money you got and the amount of work you were required to do.

"You just became greedy and set up a system where you thought you could get away with being paid more money than was due to you, and when you realised you were about to be found out, you set about destroying documents."

The judge was told that Piggott's replacement, who was to be a prosecution witness, was threatened that his legs would be broken if he gave evidence in court.

Miss Kidd said the menacing telephone call last week was made to Colin Wilkinson from a withheld number, and the matter is now being investigated by police.

Judge Fox said: "It gives rise to an alarming matter which, if apprehended and proved, would mean an instant and lengthy prison sentence.

"I am glad to hear it is being investigated by the police. I hope it is investigated thoroughly and the perpetrator apprehended ... if there were to be any repetition, that would be a very severely aggravating feature, the consequences of which must be obvious."

PD Ports Services declined to comment.

source: thisisgrimsby.co.uk

Motorbike Accident - Hills and Hollows, Grantham - POLICE APPEAL FOR INFORMATION

Personal Injury Lincolnshire

Police are appealing for information after a motorbike accident in Grantham in which a teenager was seriously hurt.

Officers were called to the Hills and Hollows, which is privately owned land off Harrowby Road, Grantham, at around 6.30pm last night.

It is thought at this stage that a 17-year-old local man, who had been riding as a pillion passenger on an off-road motorbike, fell from the vehicle and sustained a serious head injury. He was taken to the QMC hospital in Nottingham where he is in a critical condition. The rider of the motorbike, a 16-year-old local boy, was not injured. No arrests have been made at this stage.

Insp Phil Taylor said: “Obviously our thoughts are with this young man’s family at the moment and we are trying to offer them as much support as possible.

“The issue of young people riding noisy off-road bikes without helmets on the Hills and Hollows and on land at the back of York Drive has been a problem for a while and officers have been working to reduce it. We don’t want a repeat of this terrible incident and we are calling on youngsters in the area to learn from it and stop now.”

Anyone with any information can call Lincolnshire Police with information on: 0300 111 0300. Or call independent charity Crimestoppers anonymously on: 0800 555 111.

SOURCE: lincs.police.uk

Lincolnshire company fined after forklift accident - 14/10/2011 - Farmers Weekly

Lincolnshire company fined after forklift accident - 14/10/2011 - Farmers Weekly

Cheshunt widow seeks £300,000 for cancer misdiagnosis

Cancer Misdiagnosis


A CHESHUNT widow whose husband died after cancer of his jaw was misdiagnosed has launched a legal battle for compensation of more than £300,000.

Father-of-two Stephen Pickin, 42, died when the highly aggressive tumour recurred and spread to his hip and spine.

Now his widow Sharon Pickin is demanding damages from Barnet and Chase Farm Hospitals NHS Trust, saying her husband could have lived for 15 years with the correct treatment.

A pathologist investigating tissue from the original tumour had misdiagnosed it as a polymorphous low-grade adenocarcimoma (PLGA), a slow growing tumour mostly affecting older women, according to a High Court writ.

Instead Mr Pickin, an electrician, had adenocarcinoma not otherwise specified, (ANOS), a cancer with low survival rates needing radiotherapy after surgery, the writ says.

A diagnosis of PGLA in a man in his mid thirties would have been so rare it would have been worth reporting in world literature, the court will hear.

He had developed a painful lump on his jaw and underwent surgery on October 22 2004. If he had also received radiotherapy, his chances of surviving at least 15 years would have been 54 per cent, the writ says.

But because of the incorrect pathology report, he was not given radiotherapy, and a year later a scan showed his tumour had recurred in his jaw, engulfing his facial nerve.

He underwent surgery at Guy’s Hospital on December 23 2005 and his jaw was reconstructed using skin from his thigh. He developed a total facial palsy, causing problems with opening his mouth, eating and pain, as well as a significant cosmetic deformity.

When he was told of the original misdiagnosis, he developed depression, needing medication, and in 2007 the cancer spread.

In January 2008 he was told he had only months to live, and suffered from symptoms including pain, fear and distress. He was given chemotherapy and radiotherapy, but died on October 18 2009.

Mrs Pickin, of Montayne Road, brands the trust negligent and says the pathologist failed to take enough care when reporting on the specimen, and failed to recognise he had ANOS rather than PLGA.

The pathologist failed to comment on the very exceptional conclusion, and the trust failed to suggest a second opinion, the writ claims.

Mrs Pickin is seeking damages for herself and sons Joseph, 14, and Thomas, 10. She and her husband shared responsibility for their children, housework, cooking and gardening and he was an accomplished handyman.

source: hertfordshiremercury.co.uk

Inquest told of Stockton man’s diving tragedy

Diving Claims

A DESPERATE rescue attempt was launched to save a Teesside scuba diver, an inquest heard.

Stockton man James Askew, 35, died after getting into difficulty during a dive near the bottom of a flooded quarry.

The group was being led Graham Rowntree, who had set up the Olympic Scuba diving school in Durham just weeks before the accident in which Mr Askew died on January 24, 2009.

Describing the moment he realised Mr Askew was not with the group, Mr Rowntree said he made a rapid ascent to the surface himself after suffering difficulties.

Mr Rowntree said he, Mr Askew, Mr Askew’s father and a fourth diver safely reached a ledge of about 23 metres down from the surface at the National Diving Centre in Stoney Cove, Leicestershire.

The 12.5-acre quarry, which has different shelves in it, meaning people can dive to depths between six metres and 35 metres, is used both for recreational dives and as a site for dive schools to carry out training courses.

Mr Rowntree said he received the “OK” signal from all the divers before proceeding to the bottom of the quarry, some 35 metres down. When he arrived at the bottom, there was no sign of either of the Askews although the fourth diver was with him.

Mr Askew’s father then appeared shortly afterwards. He signalled to Mr Rowntree that all was OK, that his son had suffered free fall and had returned to the surface.

Mr Rowntree then suffered difficulties and returned to the surface before going back to search for James Askew. He found him lying between 32 and 35 metres down.

Mr Rowntree then attempted to take him to the surface, assisted by other divers.

Paramedic Steven Tedder said Mr Askew had no pulse and was not breathing. He was taken by air ambulance to Walsgrave Hospital in Coventry where he was later pronounced dead. A pathologist told the inquest at Leicester Coroner’s Court the cause of death was drowning.

source: gazettelive.co.uk

Cerebral palsy sufferer from Thornbury is nominated to carry Olympic torch

Cerebral Palsy Claims

OBSTACLES have never held Juliette Pallot back.

Despite suffering from cerebral palsy and having a very limited vocabulary, she wrote her autobiography.

Now, she has her eye set on the Olympic torch at London 2012.

No small feat, the book, which was released in July, took no less than 12 years in the making. But Juliette stuck to it.

Someone Watching Over Me was so well received in Thornbury that close friend Sue Aitken took it upon herself to show the rest of the world what a real life champion was.

She nominated Ms Pallot to be a flame bearer at the Olympics.

When she found out about the nomination she was over the moon.

Juliette, who volunteers at New Siblands School, said: "It would be an honour to represent Thornbury at the Olympics."

She will find out whether she will be one of the 8,000 torchbearers in December.

Thornbury in Bloom chairman Sue Aitken, 50, said: "She is the most inspirational person I know.

"She is severely disabled but lives a very independent life. She volunteers at a special needs school.

"She has a personal assistant but for most of the day she is on her own. It’s amazing what she has managed to achieve."

It was only in the last two years that Juliette’s autobiography really started to take shape.

The 49-year-old added: "Before that, I was writing it off and on because I didn’t always know what to write about.

"This book is about the ups and downs of life and how I have coped with cerebral palsy.

"I wanted to reach out to as many disabled people as I could.

"It was not an easy job. I use a switch, which I press with my right foot to type on my computer.

"But it’s an achievement. I have proven to myself that I could write a book."

Always looking to challenge herself, she is thinking about competing in the London Marathon next year.

The proceeds of Someone Watching Over Me will be donated to the East African Drought Appeal and Thornbury in Bloom. She has sold 158 copies so far.

source: gazetteseries.co.uk

Hospital robbed me of my dignity, claims Great-gran, 78, after five days in Stepping Hill

Medical Negligence Manchester

When great-grandmother Maureen Runciman went to hospital she expected to be treated with dignity and respect.

Instead she claims she was let down every step of the way.

Mrs Runciman, 78, was admitted to Stepping Hill in Stockport by ambulance on Friday – and told the M.E.N. she was left distressed by her five day stay.

The hospital say early investigations do not match Mrs Runciman's version of her stay in Stepping Hill, but they want to speak to her so they can investigate further.

Mrs Runciman claims her bedpan was not emptied for three days, says her sheets were not changed until hours before she was due to go home and that her calls for help were left unanswered.

The retired office worker, who has a chronic lung disorder, was taken to hospital suffering from severe constipation. She was first admitted to ward C3 and transferred to a side ward off ward B6 two days later.

Mrs Runciman, who has three children, seven grandchildren and four great-grandchildren, says she verbally complained about the standard of care to a member of nursing staff – and claims the worker told her to write to chief executive Dr Chris Burke and contact the M.E.N.

She said: “There was a lack of staff – some days I didn't get my medication until 11.30am and I normally have it by 8am.

“There didn't seem to be any organisation whatsoever. There seemed to be a lot of agency staff – it was just confusing.

“I had a commode and it wasn't emptied for three days. I was pressing my buzzer but there didn't seem to be any staff to help. I was upset they didn't change my bedding until the last day.

“I thought the place was making me sicker. I wanted to go home – I wasn't very happy. The staff were doing their jobs but I felt they were stretched. Standards of care? There's no standards of care anymore.”

Mrs Runciman, from Bredbury, says she has spent a lot of time at the hospital being treated for chronic obstructive pulmonary disease – a severe lung disorder. Her partner Jack, 83, died at Stepping Hill in January but she says she has never experienced such 'poor' care until now.

Her son Philip Runciman, 44, from Dukinfield, added: “My mum doesn't generally complain. She was very upset when I picked her up from the hospital.

“She has been in and out of Stepping Hill a lot. She's never really had a problem until this time.

“I visited her on Sunday – she wanted a drink and we asked a nurse for a glass of water. Twenty five minutes later it hadn't arrived so I went and grabbed someone else – they told me to get one from the kitchen.

“It just seemed like mum was left on one side. To me, this is an issue that needs to be highlighted.”

Last night, Stockport NHS Foundation Trust, which runs Stepping Hill, said: “We are very upset  to hear about Mrs Runciman's experience at our hospital which the newspaper has informed us about.

“Our early investigations into her care do not correlate with her complaints and we are therefore anxious to speak to Mrs Runciman so that we can fully investigate matters.

“We are always keen to have feedback from patients so that we can ensure the highest quality care is provided at all times.”

Stepping Hill was one of five hospitals in Greater Manchester deemed to be failing on the care of the elderly in a report published yesterday.

The study, from the Care Quality Commission (CQC), found 'moderate' concerns about the nutrition provided, along with 'minor' concerns on dignity after a spot check inspection earlier in the year.

The CQC found half of all NHS hospitals in England are failing to provide all-round good nutrition to elderly patients while 40 per cent do not offer dignified care.

source: menmedia.co.uk

Ringrose wins damages for injured polish factory worker

Ringrose Law

Richard Harwood, Head of the Personal Injury Department of Ringrose Law, recently acted for a Polish factory worker who was injured at work.

Our client sliced open the tendons in his hand due to faulty machinery that he had been asked to work upon.  Ringrose Law secured an admission of liability from the factory owners and negotiated damages.

Our client walked away with £15,000.00 damages and all of our costs were paid by the factory owners.  Our client was delighted with the outcome and we wish him the best for the future.

If you have been injured in a factory accident, or any accident at work, Ringrose Law is highly experienced in winning personal injury claims on behalf of all Claimants, including Polish, Portuguese, Latvian and Lithuanian.

If you think language might be a problem, please email us and we will arrange interpretation.  We also run a legal clinic on Friday afternoons in our Boston office for Polish clients, when a Polish representative will be present.