What Is It They Always Say? Follow The Money!

...and oh, boy, they certainly intend to:

But remember, it's all about 'closure' for the victims (if there really are victims), and justice at last (though a dead man can never be tried, at least under current law, but surely we wouldn't overturn laws to please a mob, would we?). Not about filthy lucre, oh, dear me, no! Perish the thought! How very dare you suggest it!

Nor is it about the rapacious demand for control and surveillance and the burdens of a state that distrusts everyone all the time. Oh, dear me, no.

I look at this circus, this return to the Salem Witch Trials (but hey, they were one up on us, they at least accused live people who could mount a defence!) and I think we've gone stark, staring mad. Maybe it's something in the water? It's a brave blogger or journalist who will swim against this tide.

I'd feel sorry for the BBC, but then I remember they've played their part in fostering a culture which leads to this sort of thing.

And then I remember whose money it is that the BBC will be handing out...

PTSD..? Really..?

Neath Magistrates Court heard that Ryan Lewis Morgan, 18, of James Street, Taibach, had fired the .177 rifle from a property in Fairway in October.

The court was told the victim, Rhys Thomas, was on his way to work when he felt a sharp pain in his abdomen when walking past the home.

The dart with which he was shot penetrated two layers of his clothing, causing a small puncture wound.

It didn't need ‘CSI:Port Neath’ to determine the trajectory, either.

Officers went to the property where Morgan admitted he had aimed a shot through the letter box following an argument with his mother and his "head was in the shed".

He said he didn't aim the rifle at anyone and didn't think he had hit anyone.

Given it was Wales, I'm only surprised someone else’s head wasn't ‘in the shed’!

Probation officer Greg Flowers told the court that Morgan realised the seriousness of his actions and said he (Morgan) suffers from a series of health complaints including post- traumatic stress disorder and memory loss.

PTSD? Oh, how sad.

So…what caused this condition? War? A natural disaster?

In mitigation, defence solicitor Jon Lewis added: "Originally the family came from the Cardiff area around eight or nine years ago. Ryan's father was imprisoned for a serious offence in the Cardiff area.

"His mother formed a relationship with a Port Talbot man who passed away earlier this year. "He is now living with his brother. It is self-evident the young man has plainly lost his way."

Ah. OK. Well, if a typical underclass upbringing is going to cause PTSD, I think we need to invest in a LOT more psychiatrists!

Morgan, who pleaded guilty to assault and to firing a weapon, was given a 12-month community order, a 12-month supervision order, and will be required to complete a thinking skills programme.

Ah. Of course. Where would we be without the Thinking Skills programme?

But is there no shame in Britain any more? Well, clearly*, no:

"I worked undercover for eight years," he told the Mail on Sunday. "My superiors knew who I was sleeping with but chose to turn a blind eye because I was getting such valuable information

They did nothing to prevent me falling in love." Kennedy says since he was unmasked he has been diagnosed as suffering from post-traumatic stress syndrome. His wife, Edel, has filed for divorce, and is seeking compensation for "emotional trauma".

*speechless*

*H/T: Mike Power via email

I Guess I Was Wrong – Roll On, Compo Culture Bandwagon!

The 79-year-old spotted the pies at a Morrison's supermarket and called out to her husband that she had found them as she stepped forward to reach them, but then fell over the low unattended flatbed trolley.

Mrs Palfrey, of Callington, Cornwall, remains disabled, with one arm shorter than the other, and it was over two years before she could carry out even basic domestic tasks.

Yesterday, Appeal Court judges awarded the traumatised pensioner, who still has to take pain killers, £44,000 damages, ruling that the trolley, which had been left in the centre of an aisle when the stacker went off to help another customer, was dangerous.

I... What? I thought we were kicking this compo culture stuff into touch at long last?

Now the trolleys used at thousands of DIY stores and supermarkets have been declared 'dangerous' by top judge Lord Justice Moses.

In a ruling which threatens to cost retailers millions, Lord Justice Moses said that low-slung, L-shaped, flatbed trolleys - of the type ubiquitous in Homebase, Ikea and other stores - pose a foreseeable risk of serious injury to shoppers.

 It's not going to 'cost retailers millions', is it? Those costs will be passed on to us, the consumer.

Lord Justice Moses said: 'Shoppers walking up and down aisles in supermarkets are expected to be attracted by what is on the shelves; they do not expect to have to look towards the ground.

'Their attention will be on their shopping and other shoppers.

'Mrs Palfrey was intent on indicating to her husband that she had found the pork pies and all of that would have deflected her attention away from the long, low-based, trolley.'

Oh, FFS..! These things aren't small! Or easy to miss, so long as people are sensible. Just how are shops supposed to restack the shelves without them?

Maybe Mrs Palfrey should have been less intent on the pies and more on what was going on around her?

On top of Mrs Palfrey's damages, Morrisons now face having to pay the enormous legal costs of the case, which have been estimated at close to £200,000.

Except they won't. As I've already pointed out.

So, thanks for nothing, Mrs Palfrey. Next time I go to Morrisons, I'll have you to thank for the increased prices and the fact the staff haven't restocked the shelves quickly...

Still, at least she didn't get a staggering £800k!

Compo Culture On The Run?

Jack Hales was walking towards a slide at the indoor water park when he felt a sharp pain in his left foot. He looked down to see three or four pebbles on the floor, Stoke-on-Trent County Court heard yesterday.

Jack, who was 10 at the time of the incident in February 2009, suffered soft tissue damage to his left heel and was in plaster for two weeks after doctors mistakenly thought he might have chipped a bone in his foot.

Solicitors representing Jack, now aged 14, took Waterworld 2000 Ltd to court after claiming staff had not done enough to keep visitors safe at the time of the accident.

 How are they supposed to prevent this?

They claimed the pebbles had been on the walkway for more than two weeks but had not been spotted or removed by staff.

Really? Blimey, they must be worse at tidying up than me!

But in throwing out the claim, district judge Glynis Crowe said she was satisfied the company had maintained its duty of care. Staff logs read to the court showed walkways had been checked for debris every half hour on the day of the accident, and no problems had been reported.

Well, well, well...

“The main issue is whether the accident occurred due to what has been described as a want of care by the defendants,” said Judge Crowe.

“The defendant said the facilities were checked on an hourly basis by the duty manager, and every 30 minutes by supervisors.

“There were also 16 lifeguards on duty at the time, whose duty it is to make sure the floor area was tidy. On the balance of probabilities the pebbles had not been on the walkway for more than two weeks as suggested by the claimant. “The tiles are quite light in colour, so they would have been quite easy to spot by staff.

“I find the pebbles were deposited close to the time of the claimant’s accident, but it is impossible to say by what mechanism. I'm satisfied the defendants have discharged their duty of care.”

 Me too.

She added: “It’s unfortunate that the claimant suffered the injury but the defendants are only bound to do what is reasonable.”

At last! It might be time for the compo culture to think again.

Speaking outside court, Jack’s mum, Maxine Hales, who lives in Belmont Road, Etruria, said: “The pebbles shouldn't have been there in the first place.”

Never mind, love. Perhaps you can sue the doctors for misdiagnosis instead?

An End To Compo Culture At Last?

Mrs Fari said she was due £740,000 for an injury so severe she needed on-going care. The judge said the figure was nearer £1,500 for a minor injury that would cause her three months’ discomfort.

Ouch! It gets worse…

Undercover surveillance was carried out and it was discovered that Ms Fari had a pre-existing deformity in her knee. The judge was so angry she now faces the prospect of prosecution for contempt of court and a prison sentence.

This is because of a recent landmark case, which – hopefully – could well spell the end to the notorious compo culture:

Judge Christopher Mitchell struck out her entire claim for damages at Central London county court so she will not get a penny. He said she had attempted to deceive his court by wildly overstating the suffering caused and that the scale of exaggeration involved in her claim amounted to an abuse of process.

He has referred the case to the High Court which may allow contempt of court proceedings to be brought against Ms Fari.

And, if the defendant’s lawyers have anything to say about it, that’s just the start:

Jennifer Harris, a solicitor at Plexus Law who represented Homes for Haringey, said the judge’s verdict should be a warning to other potential fraudsters seeking to make exaggerated compensation claims.

She said: “This is a significant success in the fight against fraudulent and exaggerated claims and sends a strong message that genuinely injured claimants and their representatives should not attempt to exaggerate the extent of injuries.

“This is one of the first cases to follow the principles established in Summers v Fairclough Homes and confirms that a grossly exaggerated claim can amount to an abuse of process significant enough to warrant striking out in its entirety a claimant’s case.”

Of course, there’s outrage on the part of the claimant, strangely only articulated by her mother. Perhaps she herself is a bit too busy with her huge brood to comment...

Ms Fari’s mother defended her daughter, telling the Standard she had told the truth about the extent of her injuries.

Speaking at the family home in Haringey she said: “My daughter told the truth in court and was made to look a liar. It is disgusting, there has been no justice, she does not deserve this.”

If not her, who?

Ms Fari has 21 days to appeal against the judge’s decision. If she fails to do so, or if her appeal fails, the Attorney General can opt to prosecute her for contempt of court.

If he decides not to, lawyers for Homes for Haringey are expected to bring their own High Court action.

*orders popcorn*