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Mine Exploration Forum

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Coggy

Joined: 27/12/2008
Location: Birmingham

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Responsible Exploration / sensitive sites.
Posted: 24/07/2019 23:06:05
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OK so the elephant in the room here is the 1999 Access to Justice Act, which came into force in April 2000, this dramatically increased the attractiveness of no-win no-fee deals as judges could make the losing side shoulder the extra costs associated with conditional fee cases. Thus someone who, to put it politely, lacks the appropriate level of common sense injures themselves in a mine it is ALOT easier for them to take the owner to court. Back in the old days no one would have dreamed of doing this as it would be prohibitively expensive if you failed to win the case. But now the reverse is true thus insurers raise their prices or even refuse insurance given the risks to them from no win no fee lawyers abusing a law designed to help those who were unable to afford legal fees. The golden era of being able to explore so widely is sadly over. We now have to play by the rules or ruin things for everyone, there is no space anymore for the youngsters to learn and make mistakes as one way or another it will end in litigation. Rant over..
Yet another destruction of our Legal system from Tony 'lets make mor stupid rules to give lawyers bigger fees' Blair

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royfellows

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Joined: 13/06/2007
Location: Great Wyrley near Walsall

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Responsible Exploration / sensitive sites.
Posted: 25/07/2019 09:14:28
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In truth, not quite so clear cut.

Main targets for no win, no fee lawyers were those worth 'powder and shot' as they say in the legal profession, mainly local authorities and such like who found it cheaper to settle a claim out of court than to fight. However, as the trend was rapidly accelerating it was considered to be costing a lot more in the long run so decisions were taken to pursue most appropriate cases all the way.

First landmark decision was in 2003, Tomlinson v Congleton Borough Council. This was action taken under the Occupiers Liability Act 1984 as his injuries for which he was attempting to claim were sustained while acting as a trespasser.

Later in 2010 a claim under the Occupiers liability Act 1957 was heard, Jonathan Harvey v Plymouth City Council. In this case the claimant was not a trespasser but was using public land but in a rather dangerous and reckless manner.

Facts of each case, and some others make interesting reading but I dont have to cover them in this posting, its all on the web there to read.

Obviously, the relevant to this thread is the Tomlinson case which was probably the big turning point.

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