Frivolous Lawsuits

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Alex321

Guru
Location
South Wales
Saluki said:
20 months! I wasn’t in that long with a broken back! I was in a goodly while but, I suspect she’s telling fibs. She might have been in and out of out patients and physio for 20 months of course.
I am amazed you can sue for injuries occurred while breaking the law.
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You always have been able to, if those injuries were a result of somebody else's negligence or deliberate act.

But you do have to show negligence on the part of the other party. So she will have to show not only that the pothole existed, but also that the council knew about it or should have known, and had nothing to mitigate it.
 
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Arrowfoot

Guest
I do feel for people who are faced with frivolous lawsuit in view of the cost and emotional drama that is a consequence. The cost of defending is so high and I truly wonder if people just caved in and settled. Which of course is seldom reported.

I am aware that lawyers will not initiate one until they have done a search of other party's wealth and asset position. So a pensioner who has a nice house and an excellent suburb but lives on small income is still a target in view of the house.

I do wonder if there any laws that addresses frivolous attempts by the lawyer and the initiating party.
 
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Alex321

Guru
Location
South Wales
Arrowfoot said:
I do feel for people who are faced with frivolous lawsuit in view of the cost and emotional drama that is a consequence. The cost of defending is so high and I truly wonder if people just caved in and settled. Which of course is seldom reported.

I am aware that lawyers will not initiate one until they have done a search of other party's wealth and asset position. So a pensioner who has a nice house and an excellent suburb but lives on small income is still a target in view of the house.

I do wonder if there any laws that addresses frivolous attempts by the lawyer and the initiating party.
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There are.

Civil Restraint Orders can be issued, preventing further action - which can be at three levels - the basic one only applies to the current case. The second level (extended CRO) applies to any matter relating to the case at hand, and the third level (general CRO) prevents the issuance of any action at all without the permission of the court. Normally lasting three years, but can be extended.

A list of those with general Restrain orders against them is here https://www.gov.uk/government/publications/general-civil-restraint-orders-in-force

The judge in the case that occasions the order will usually also award costs against the frivolous litigant.
 
Petrichorwheels

Petrichorwheels

Senior Member
Cycleops said:
It's all sadly to with the fact that nobody wants to take responsibility for their own actions any more, it's always somebody else's fault. Hence this suing culture has developed.
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anything we can blame cyclechat for?
am sure some folks on here aren't well.
 
D

Deleted member 26715

Guest
"
Earlier this year, a New York man filed a lawsuit against McDonald's alleging their adverts made their burgers look much bigger than they actually were.

The lawsuit said the burgers in the marketing were at least 15% larger than they were in real life.

Rival Burger King was hit with a similar lawsuit in Florida in March."

I have to say I have wondered about raising this issue with the Advertising Standards Authority, as they NEVER look like they do on their adverts, having to hold them with both hands, when in reality they will fit in the palm of your hand. KFC are currently the worst, advert shows a pile of fries, you get 20 if you're lucky.
 
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