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  1. #11
    Established TDF Member taz's Avatar
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    Quote Originally Posted by Neilwood View Post
    Unfortunately, as is the case with most legal systems, a lot comes down to how deep your pockets are and therefore the quality of the quality of representation.
    I won't comment on this case but in cases like this could it be that a legal company has offered a no win no fee
    contract so there is no financial burden on the accuser and it is in the interest of the legal teams to maximise payout
    because that is there only source of payment?

    taz

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    .. ... -. .----. - / -- --- .-. ... . / -.-. --- -.. . / --. --- --- -..

  2. #12
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    Normally the way. In the recent Post Office case "The Post Office settled the High Court case for 57.75m in 2019 but an estimated 46m of the settlement went towards paying the legal fees of the postmasters. This left less than 12m in compensation to be split between the 555 claimants." (https://www.ft.com/content/15859208-...f-6f6ed8f58324)\

    Given some of them had gone to jail for crimes they had not committed, just shy of 22k isn't much compensation after the lawyers are paid.

  3. #13
    Established TDF Member
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    Quote Originally Posted by taz View Post
    I won't comment on this case but in cases like this could it be that a legal company has offered a no win no fee
    contract so there is no financial burden on the accuser and it is in the interest of the legal teams to maximise payout
    because that is there only source of payment?

    taz

    .
    I was thinking more in terms of the defendant in the action in this case - they have been hit with a lawsuit and may not be in the best position to hire the best team (depending on business insurance?).

  4. #14
    Established TDF Member MikeF's Avatar
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    https://www.scotcourts.gov.uk/docs/d...2022csih25.pdf

    seems a lot more sensible than the previous judgement

  5. #15
    I still don't have a member
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    Quote Originally Posted by MikeF View Post
    https://www.scotcourts.gov.uk/docs/d...2022csih25.pdf

    seems a lot more sensible than the previous judgement
    Indeed!!
    A fully paid up member of the CRAFT Club

    I failed to dive in Antartica
    I used to have a handle on life but it broke

  6. #16
    I still don't have a member
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    A fully paid up member of the CRAFT Club

    I failed to dive in Antartica
    I used to have a handle on life but it broke

  7. #17
    Established TDF Member Energy58's Avatar
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    Quote Originally Posted by Tim Digger View Post
    Not necessarily greedy lawyers, many of these type of blame cases are from "frozen grief" as the next of kin are still in the blame stage of the grieving process frozen there by the failure to address their grief needs for truth and reconciliation at the right stage.. Desmond Tutu was a great man possibly better than Mandela.
    Not sure who is funding it but the meter must be going round awful quick - I think the diver had no insurance so the widow is understandably going after the deepest pockets which in this case are the dive boats insurers. Its pretty common for contractors to maintain minimum company assets and PI insurance in order to dissuade opportunistic litigants if something goes wrong. The case has already had an impact - I was on a boat the other day and the rule there was "if you fall over you don't dive".

  8. #18
    Nicotine, valium, vicodin... notdeadyet's Avatar
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    Quote Originally Posted by Energy58 View Post
    I was on a boat the other day and the rule there was "if you fall over you don't dive".
    Funny, when the original judgement came in I remember lots of people arguing "this won't harm diving and will only improve things".

    If there is the possibility that you've sustained internal injuries in the fall to the point that diving would be dangerous then isn't the risk enough that the skipper should turn round immediately so you can be checked out? If you'd be dead after a couple of hours in the water then you'll be dead after a couple of hours on deck.

    It was stupid rules like this that people were warning about. Oh no, it won't happen, diving will become safer...
    Caliph Hamish Aw-Michty Ay-Ya-Bastard, Spiritual leader of Scottish State in England

  9. #19
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    Quote Originally Posted by notdeadyet View Post
    If you'd be dead after a couple of hours in the water then you'll be dead after a couple of hours on deck..
    From memory (which at my age gets increasingly erratic) it wasn't directly the fall that killed him - it was the "Oh $#!t i've got to get to the surface..." and subsequent ascent - which would not have happened had he not dived.

    Granted he might then have put the skipper in a "do I head for shore with this diver or do I cover the ones who did dive moment"

  10. #20
    I still don't have a member
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    If I remember correctly if he had followed his GP's advice he would not have been on the boat in the first place. I recall he was recovering form a chest infection and was taking antibiotics.
    A fully paid up member of the CRAFT Club

    I failed to dive in Antartica
    I used to have a handle on life but it broke


 
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