Fundamental dishonesty found against non-attending claimant

first_imgA personal injury claimant has been found fundamentally dishonest without even appearing in court to make her case.Sitting at Middlesbrough County Court in Wise v Hegarty & Alpha Insurance, His Honour Judge Gargan found no sign of any accident having happened, and accepted telematics evidence to that effect.The case, links to which can be found here, was notable for arguments being submitted for both the claimant and a defendant being dishonest, and the judge deciding to make a finding even where the claimant did not attend.The claim had been listed for trial in July and the judge was satisfied the claimant knew about the hearing, having been reminded of it by her then-solicitors before they removed themselves from the record.When she did not attend, the claim was due to be dismissed and the trial cancelled, but in this case the second defendant, Alpha Insurance, asked the judge to conduct a trial on the issue of fundamental dishonesty.HHJ Gargan heard submissions that even when notice of discontinuance was served, the court could still direct that issues around fundamental dishonesty be determined. He ruled that an order could still be made when the claimant has simply failed to attend and gave permission to call evidence on the fundamental dishonesty issue.The judge then heard telematics evidence, taken from a box installed in the at-fault driver’s car, that showed the vehicle was not active at the alleged time of the accident, and indeed was inactive some 2.7 miles from where the accident was supposed to have happened.There was no recording of any untoward incident involving this vehicle, and no photo evidence of any damage.The judge found evidence to support the allegation that the accident had been invented, and noted Facebook and other social media links between both drivers. These links added weight to the suggestion from the insurer there had been a fraudulent conspiracy agreed between people who knew each other or had friends in common. Findings of fundamental dishonesty were made against the claimant and first defendant.last_img read more

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Dumfries on track for ‘step-free’ station

first_imgAddThis Sharing ButtonsShare to FacebookFacebookFacebookShare to TwitterTwitterTwitterShare to LinkedInLinkedInLinkedInDUMFRIES railway station is on the right track for travellers with mobility difficulties.The busy Nith Valley Line destination is set to become fully accessible to customers with limited mobility.Dumfries and Galloway MP Alister Jack, who campaigned for improvements, has welcomed the news.He was briefed by UK junior Transport Minister Nusrat Ghani on the planned work at Dumfries.It will be part of the latest phase of the UK Government Access for All programme which has already resulted in 200 stations being upgraded.Mr Jack, a regular train traveller, said: “There has been concern expressed by individuals and groups about disabled access at Dumfries and this work should resolve long-standing issues.“Dumfries seemed to tick all the boxes during a strict qualifying process and will be amongst a further 73 stations upgraded in the next phase. “Bridge work and lift installations are included when required.“Inclusive access should be the norm and I’m looking forward to seeing work begin at Dumfries and for the station to become truly step-free.”There are an estimated 13.9 million disabled people across the UK and Mr Jack hopes the upgrade will encourage more to use Dumfries Station as a gateway to the region’s many holiday delights.last_img read more

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Racism: T-shirts No Longer Enough, Says Nigerian Basketballer Aminu

first_imgNigeria international and Orlando Magic power forward Al-Farouq Aminu, has said that having already protested against racism over the years the NBA needs to make even more of a statement.North America’s men’s NBA basketball season resumed Wednesday after it was put on hold on 11 March due to the coronavirus pandemic.The intervening months have also seen the Black Lives Matter movement return to prominence following the death in the United States of George Floyd, an unarmed black man, while a police officer knelt on his neck. Like other sports around the world the NBA has been discussing how it will show its support in the battle against racism.“We have already taken action, as we’ve had ‘I can’t breathe shirts’” the 29-year-old told BBC Sport Africa, referring to the stance of players in 2014 following the death or Eric Garner at the hands of police in New York.“We’ve seen guys be very vocal about the matters.“I think what a lot of people forget is that we had a black president, we had a black Attorney General and we had let’s say many of the best basketball players in the world are black.“All those different things happened after the Black Lives first happened and the movement first started.“So I don’t believe that these gestures are 100% the remedy, obviously it is nice to bring awareness to different things like that but after a while you have to get the job done.”“And I think that that’s what I’ve been emphasizing to the players, this time is on. I’m not really a one to protest that way.“A dangerous man is one who doesn’t care about the consequences.“We have to make sure that the consequences for doing these egregious acts are very high so that people don’t even think it’s something that they could maybe get away with or even want to consider doing.”Aminu was born in the USA but now plays internationally for Nigeria, helping them win the 2015 African Basketball Championships, and is in contact with friends and family in Africa.He is keen to explain that despite all the problems that Africa faces the Black Lives Matter should also resonate on the continent.“I’ve heard some of those same sentiments and something that I would encourage them to understand is that Nigeria was colonized as well,” he pointed out.“And those same type of rules and tactics are in systematic racism.“Racism was implied for Africa as well and it’s done in different ways.”He explained that when African nations declared independence all they got was actually their own land returned to them.“That isn’t land given, there hasn’t been money given, there hasn’t been resources given after what was being done.“So, I think that the reason that it relates to everybody, because it’s a human thing, I think that humans should be treated equally.“I don’t think that anybody should be underneath the law in the sense of being able to not find any justice and not to be treated as a decent human being.“So whether that is happening in Nigeria, or happening in Antartica and or on another planet, I think that as human we should always understand that there’s no reason to treat each other in an inappropriate way.”The NBA regular season and play-offs are being completed at Walt Disney World, Orlando, Florida.To limit the number of personnel inside the NBA ‘bubble’, only 22 of the league’s 30 teams are taking part. Franchises with no chance of progressing to the post-season are not involved.Aminu’s Orlando Magic side re-start their season on Friday against the Brooklyn Nets.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegramlast_img read more

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