Oh No They Didn't! The Compensation Culture.

The court has not held that Jeanette Cenet (nee McGlennon), the Claimant in this personal injury case, or Mr Maguire, "the alleged eye witness", were complete scam artists as alleged by the defendant, Wirral Metropolitan Borough Council. I emphasise the word "not".

This was despite the judge stating:

"There was a history of involvement by the claimant and her witness in similar claims. Mr Maguire, the alleged eye witness who gave evidence on the claimant's behalf, had himself submitted claims in respect of three highway tripping accidents in 1998, 2001 and 2004. In addition, he claimed to have been an eye witness to a similar accident suffered by Mrs Barry, another resident of Chatham Road, on 12 August 2004. That accident was said to have taken place on Chatham Road within a few yards of where the claimant's accident occurred. Mrs Barry's claim had been due for trial at the same time as that of the claimant (at the direction of the Designated Civil Judge, having regard to the issue of credibility arising from Mr Maguire's involvement as a witness in both claims); however, she discontinued her action the day before trial."

Luckily, some may think, the judge was able to uphold the Council's appeal on a different ground - i.e. the area where this trip and slip occurred was not, in fact, dangerous.

Go to the title link if you think that there is no compensation culture in the UK.

QUIZ QUESTION:

Is there a compenation culture developing in the UK?

NB: I am a claimant lawyer in respect of personal injury work. There are just some cases I would not touch.

Fantasy & Science Fiction Question Time (1)

Isaac Asimov had a 30 years correspondence with Nobel Prize winner Linus Pauling. Pauling read Isaac's science articles in Fantasy & Science Fiction magazine regularly and wrote Isaac whenever he found an error. Here is an interesting excerpt.
From Pauling to Isaac:

I am writing now about your article in the September 1978 issue. On page 123, you say that Amontons and Guy-Lusac observed that if a gas at the freezing point of water, 0 degree Celsius, is decreased in temperature to -1 degree Celsius, then both the volume and the pressure of the gas will decline by 1/274 of the temperature. This is wrong. What you should have said is that _ _ _ I hope you are keeping busy as ever.

What was the explanation?

House of Lords Condemns Kafkaesque UK Government

Mrs Chikwamba was ordered to go back to Zimbabwe and apply for entry clearance even although everyone accepted that the application would succeed and the requirement would have no beneficial effect for anyone. The the uk government could hardly deny that there would be serious deleterious consequences for her, her husband and her young daughter.

It was a jobsworth application of the rules that would have lead, in the words of Lord Scott of Foscote, to something that should not be allowed to happen. He said:

"...policies that involve people cannot be, and should not be allowed to become, rigid inflexible rules. The bureaucracy of which Kafka wrote cannot be allowed to take root in this country and the courts must see that it does not."

Remembering that the Court of Appeal had upheld the uk government's Kafkaesque approach, we must be very grateful that we have the House of Lords who unanimously cut through the crap. Lord Scott also thought that the lower courts (including the Court of Appeal) had approached the matter in a manner that was "clearly unreasonable and disproportionate" and was amazed that the application had got this far.

LORD BROWN OF EATON-UNDER-HEYWOOD (who has defeated my attempts to find a photograph of him) giving the lead judgment said this:

"Let me now return to the facts of the present case. This appellant came to the UK to seek asylum, met an old friend from Zimbabwe, married him and had a child. He is now settled here as a refugee and cannot return. No one apparently doubts that, in the longer term, this family will have to be allowed to live together here. Is it really to be said that effective immigration control requires that the appellant and her child must first travel back (perhaps at the taxpayer's expense) to Zimbabwe, a country to which the enforced return of failed asylum-seekers remained suspended for more than two years after the appellant's marriage and where conditions are "harsh and unpalatable", and remain there for some months obtaining entry clearance, before finally she can return (at her own expense) to the UK to resume her family life which meantime will have been gravely disrupted? Surely one has only to ask the question to recognise the right answer."

The appellate courts are clogged up with immigration appeals. Sometimes these appeals are hopeless. But sometimes, as here, it is the government decision making process that is utterly hopeless. A rational government would not pursue such matters and its Kafkaesque approach in this case should cause it shame. Fat chance!

See the title link for the full decision and backward links to the Court of Appeal decision.

But, another bloody nose for the uk government and its sychophantic, idle, gutless and anti-freeddom civil servants. Not a spine amongst any of them.

Mugabe Wins: The World Loses: MI6 Fails To Act

Every inch the politician!

There was no other outcome possible. The bloody dictator wins, as he must and always would do. Which of us would put their hand out holding a pencil and vote for anyone else knowing that it would then be chopped off? Your daughters would then be raped and murdered. Your wife would then be cut into little pieces. There is no justice.

The world is totally mad so we might as well amuse ourselves by looking at a cat:
Why haven't MI6 assassinated him yet? What are they for?

Just To Keep You Busy

Work out the numbers of A to G if...

A+B+C+D+E+F+G=340
3A+7B-4C-13D+E-6F+2G=219.25
2A-7B+9C-4D-3E+2F+3G=82
ABC=21,150
DE=1225.25
FG=3,145
BDF=11,544

Also C is the smallest number, and E is the biggest number. F is the middle number.

Lack Of Posts

Apologies to the few who visit this website but I have been very busy concerning an upcoming emloyment case against Royal Mail. I will try to post more this week.

The above picture by Tim Behrens is available as a free wallpaper at the title link. There are lots of other nice wallpapers there, so visit.

Bureaucracy For The Insane: No Smoking At Rampton Not A Breach Of Human Rights

Rampton Hospital is a high security psychiatric hospital in the UK. It is an alternative for prison where a criminal is insane.

Residents or former residents applied in this case to be exempted from no-smoking regulations.

For instance, "normal" prisoners are exempt and can smoke in their cells.

Certain persons suffering an acute psychiatric state can be exempted at mental health hospitals. The rules for this are, however, so bizarre that they probably make the exemption pretty worthless to the beneficiaries. We will come to those in a minute.

The result of the case was failure. No-one at Rampton gets exempted. And the court has effectively decided that is ok. This is not what interested me in this case so go to the main title link if it interests you.

What interested me was the regulations that do apply if you get an exemption or, more specifically, the mind of the person that drafted them. Here they are:

"5.9 The patient may only smoke outdoors. The location to be chosen should be discrete as the sight and smell of a patient smoking may upset other patients.

5.10 The Nurse will retain the cigarette until the patient has been safely escorted outdoors, when the cigarette will be given to the patient and then lit by the Nurse who will retain the ignition source.

5.11 When the patient has finished smoking the Nurse will ensure that the cigarette is extinguished in a suitable ashtray and disposed of safely in an appropriate bin.

5.12 The staff and patient will return to the ward.

5.13 Once the decision has been made for the patient to stop smoking then the remaining cigarettes will be returned to the [patients'] Shop for destruction."

QUIZ QUESTION: What kind of mind devises such a regulation or would want to devote a single minute of their working life to drafting it?

My answer is that it is the kind of person who themself requires psychiatric help and may well be criminally insane. Mind you, they probably have a double first and flew through the civil service entrance proceedure.

Eshaq Khan: The Mad Khan And The Inept Electoral Rigging

This is old news but the case has only recently surfaced on BAILII.

The judgment is a lot of fun, however, and really worth a visit. See the title link.Eshaq Khan is very possibly the most stupid vote rigger in history.

When he was found out in an obvious scam which was bound to be exposed in court, what did he do?

Put his hands up and beg for mercy? Not a bit of it.

He lied.

He claimed that lots of people lived at a small flat uccupied entirely by someone else and their family. He claimed that 16 of his voters lived at a boarded up property. He presented to the court bogus tenancy agreements.

Then he encouraged other members of his gang (mainly family members) to perjure themselves with lies so hilarious and incapable of belief that the judge was wholly bemused that the matter had ever come before him.

It is safe to say that Eshaq Khan is (a) very stupid and (b) a criminal,

The full judgment makes entertaining reading. That cannot be said of every judgment I report but this one I leave you to read for yourself. You will enjoy it.