Monday, 31 October 2011

The state must stop paying rich criminals' costs


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


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

Thursday, 27 October 2011

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


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


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

Tuesday, 25 October 2011

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

TOZERS SOLICITORS

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