Jim Loxley is a director of trusted claims firm, My Compensation, and discusses handling the scene of a roadside accident from the perspective of legal obligations and best practice if claiming for negligence.
The prospect of experiencing some kind of a vehicle accident does not bear thinking about for most people, and this is with good reason. Experiencing even a relatively minor shunt or ‘fender-bender’ whilst driving your car is an incident which can have enormous ramifications. Whether you’ve found this article as a result of searching for what to do in the wake of accidentally crashing your car or whether you’re looking to learn how to handle the situation at the scene of the crash, you’ll find useful information. For those that start claims to be recompensed for damages, My Compensation helps people on a regular basis. If you’re in this situation and are considering claiming compensation after having sustained personal injuries due to the negligent driving of another person, this article will help you to know where you stand. We’re familiar with this type of incident and have a great deal of compassion for those who find themselves in this situation. Let’s begin by considering some of the factors which you are legally obliged to do if your vehicle has collided with another vehicle on motorway or road. Continue reading
What level of legal risk is acceptable to your business ?
Ask a lawyer and they will of course advise that you need myriad contracts which cover any possible eventuality that may arise. sometimes, the lawyers are right, and with many documents, such as shareholder agreements or business terms and conditions, not having these in place carries a high risk of problems, both practical and legal, and expense, at a later stage. But ask many small businesses and they will say that lawyers simplify don’t understand that a small business has stark choices and often scant resources and this is why many decide that using lawyers is simply too costly, especially with the perception of many businesses that any visit to a lawyer is likely to involve costs running into thousands of pounds rather than hundreds. Continue reading
Money Saving Expert good at litigation as well as saving money
Martyn Lewis, as many of you will be aware is the founder and brains behind MoneysSavingExpert.com which is an excellent site and Mr Lewis is clearly a very astute businessman as well as being a bundle of energy as his morning tv appearances show. Not only that, he is either astute when it comes to law or he has an excellent team of lawyers or probably both.
This was shown by the fact that recently he won a summary judgment case relating to trademark infringement whereby a sales company used the phrase moneysavingexpert in various marketing and communication attempts at getting the public to make claims for miss-sold Payment Protection Insurance.
This is interesting also as an example of summary judgment applications. Such applications are not without significant risk, the legal burden on the applicant is a high one, and such applications are generally a high risk, high reward strategy. In effect it is necessary to convince the court that there is sufficient paperwork evidence such that the Defendant has a very small chance of successfully defending at trial. Judges are quite reluctant to award summary judgment bearing in mind most cases do involve important issues to be tested by proper verbal evidence and cross examination.
Technical cases such as IP infringement claims are perhaps more appropriate for these types of summary judgment application, but before you consider making such an application, always get good legal advice and consider the potential downside. With these types of application, as with injunctions, if you fail, you may well face a hefty costs bill payable to your opponent and may well embolden the opponent to fight on.