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05 March 2009 / Martin Porter KC
Issue: 7359 / Categories: Features , Damages , Personal injury , Constitutional law
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Personal injury: Blame the victim

Martin Porter QC comments on a ruling which will send shivers down the spines of cyclists

On a summer's evening in 2005, Robert Smith, cycled the short distance from his home to another house in Brightlingsea, Essex. Just before he reached his destination, a motorcycle ridden by Michael Finch collided with the bicycle and as a consequence Smith sustained a serious traumatic brain injury.

Judgment in Smith v Finch [2009] EWCH 53 (QB), [2009] All ER (D) 158 (Jan) was handed down by Mr Justice Griffith Williams on 22 January 2009. He accepted the claimant's case that the accident happened while the claimant was close to the centre of the road preparing to turn right into the driveway of his destination and when the motorcyclist, travelling at excessive speed in the same direction, tried to overtake him on the offside. He rejected the defendant's case that the claimant had come out of a side road to the motorcyclist's left straight into his path. So far, so commonplace a resolution of

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

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Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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