The recent controversy about Cherie Blair using a no win no fee firm for her libel case in the courts has highlighted what is perceived as the latest abuse of the system which was created to provide access to justice ten years ago. This article aims to highlight the relationship between no win no fee arrangements (otherwise known as conditional fee agreements) and defamation claims.
The main complaint about Cherie Blair using a conditional fee agreement in her specific case is that, as a relatively wealthy individual, she is in effect abusing the CFA system in order to force the magazine or newspaper into settling claims. Defamation/libel by its nature has always had the reputation of a tort that has been left to claimants who are wealthy as the cases often run into millions. The introduction of ‘no win, no fee’ agreements, or conditional fee agreements (CFAs), under the Conditional Fee Agreements Regulations 2000 enabled those who would otherwise be unable to fund the substantial costs involved in defamation claims to bring an action. In cases where a wealthy individual (especially a celebrity) takes a media defendant to court, these media defendants find themselves paying up to settle the claim rather than losing what could be a very large amount at trial. The criticism is that they are fenced into paying out because of this even when the claim against them may be frivolous.
Defamation essentially takes places where a false statement is made about a person (or a company) that damages their reputation. The statement can be either in a permanent form (libel) or a transient form (slander). A company also has a reputation and contrary to popular belief can also be defamed.
Another problem that often comes to fruition in defamation cases is the costs subsequent to proceedings. Under a CFA, lawyers are paid nothing if they lose, but are allowed to claim a ‘success fee’ in addition to their basic fee if they win because of the risk incurred in taking the claim. The level of the success fee is the main concern, with defamation lawyers more often than not claiming the full 100% uplift, which doubles their usual fees. If a claimant obtains ‘after the event’ insurance (ie, against the cost of losing and having to pay the other side’s costs), an unsuccessful defendant will also have to pay a substantial insurance premium on top of the success fee.
The problem that is currently plaguing defamation cases of late is that of celebrities using the CFA system to prevent the media from publishing anything controversial or critical about them, thus stifling freedom of expression. Moreover, a small publisher could well find itself out of business if it loses a CFA-funded case.
Archive
Posts Tagged ‘Risk’
Installing a home alarm system in your Jacksonville house is a very important step to protecting your family and your house. However, it is of no use to you if you do not use it properly. Knowing when to set it is one of the first steps to protecting your home as best as you can.
A home security system is a valuable part of any home security plan. It has so many features, uses, and purposes when it comes to protecting your house and your family. Just having one in your house is not good enough. You have to use it, and you have to use it properly. Make sure to always set it on these occasions:
Daytime: A common mistaken belief is that daylight is equivalent to safety. Just because it is bright outside does not mean that your family and your house are invincible to danger. There is still the risk of a potential intruder. In fact, many burglars think that they can take advantage of daytime hours because that is usually when people are out of the house for work or for school. Or, you may be home alone because you work from home or are a stay at home mom. Whether you are home during the day or not, you are in risk of this danger, especially if you are alone. Whenever you leave the house during the day, especially if you are gone at work or at school for the entire day, you should set the alarm. If you work from home or are a stay at home mom and will be in one room for a while, you can set the alarm for the rest of the house. If you leave at all, you should also set the alarm in case anything happens while you are away.
Nighttime: Night hours are also prime times for burglars to do their work, because it is dark out and people are less active. At night, most people are sleeping with all of the lights out, and burglars can hide in the shadows without being seen. If you are sleeping, you are also more vulnerable. If you do wake up to danger, you are groggy and out of it at first, giving the burglar the upper hand in the situation. Every night before you go to sleep, set your home alarm system. If you have pets, you do not have to worry about them setting it off by accident. Using the pet sensitive feature you can program in your pet’s weight so that they do not activate the alarm.
Vacation: Vacation is obviously a prime time for burglars to come into your house since no one is there for a long period of time. Definitely set your home alarm system when you leave for vacation so that it is set for the entire time that you are gone. Also let your neighbors know that you will be away, and leave a couple of lights on so as not to advertise your absence.
Bounce houses are a big hit at any event involving children, such as a birthday party. They instantly grab their attention and get them all under one roof. This is a feature a lot of parents greatly appreciate. As fun and exciting they are to have around, parents should always exercise safety first. A careless mistake can end up causing a serious injury or maybe even worse.
Given below are seven important safety tips regarding bounce houses. Properly taking these safety precautions will ensure a safe and fun filled event.
1. Supervising the Bounce House is a Must
This is the number one mistake made by most people. They assume that since their child is with his friends, they will look out for each other. Always have an attendant stand guard at all times throughout the event. For those who rent their bounce houses, the renting company will arrange for an attendant to be present at the event for a meager additional fee. It’s best to avail this feature and ensure the safety of all kids.
2. Keep the Same Age Group inside the Bounce House
This is also a common mistake. Do not pair up kids of varying ages inside the bounce house. This leaves the little ones at great risk of getting injured. Always make sure that the inflatable is occupied by kids of the same size and age. If there are both big and small children at the event, then divide them into groups.
3. Do Not Crowd the Inflatable
A bounce house has its limits just like any other joy ride. Do not let it get over crowded with too many children. This can cause serious damage to the inflatable and could in turn lead to injuries. Always keep the bounce house attendance within the acceptable limit. If there are too many children, then divide them into groups.
4. Remove Tired Children
It’s natural for kids to get tired at some point. Most children just find a corner to sit down to catch their breath not wanting to leave the bounce house. This is very dangerous. A sitting child is more likely to get struck by surrounding children. Remove the child immediately from the bounce house and let them catch their breath outside.
5. Know the Inflatable Rules
Bounce houses have their own rules that must be adhered to. Make sure you are aware of them. Often times the renting company or the inflatable manual will provide you with all the safety guidelines.
6. Know Basic CPR and First Aid
While some may consider this an exaggeration, it’s always good to have supervising person be familiar with CPR and first aid. This ensures that the children are in good hands should something go wrong.
7. Bounce Houses are for Children, not Adults
Watching all the kids have a great time can be very tempting for adults. However bounce houses are designed for children only. Adults should always refrain from using them. A bounce house will not be able to successfully negotiate the huge weight increase of adults and could get damaged. This puts everyone inside at great risk.
Bounce houses are designed with one thing in mind – Fun. However, following a few easy safety tips can make a fun event also a safe event.
If you have an elderly relative or if you’re getting older and still want to live independently, you’ve probably heard about medical alert systems, and you might be wondering about the difference between no-fee and monitored systems.
A no-fee system is an affordable way to get the help you need if something happens to you when you’re alone.
Why you might want to get one:
This system makes a phone call for you if you’re injured or have an emergency in your house and you can’t get to the phone. You wear a button on your wrist, clothing, or around your neck. That’s how you activate the device.
This kind of system can help people who might have falls, strokes, heart attacks, and more.
They work for two reasons.
First, you don’t need to be near a phone to be able to call for help.
Second, once you press the panic button, you don’t have to do anything more. This is good if you’re injured.
How does a no monthly-fee medical alert system work?
When you press the panic button, the system starts dialing the numbers (up to four) you programmed in when you set it up. When someone answers, the system announces that there’s an emergency.
They system then hangs up. Your friend or relative can then call you back after 30-60 seconds to find out what happened. You can use the speakerphone in the base unit to talk to them .
If no one answers the first call, the system calls the next person, and so on.
Many people set the final number called to be their local Emergency Medical Service, or 911.
Problems with no-fee medical alert devices:
The big problem with no fee medical alert systems is the risk that all of your contacts will be away from the phone.
If this is a worry, you can simply set the system up to dial 911 first, and only use it in emergencies where you want an ambulance to come.
Advantages of a medical alert system that has no monthly fee:
Cost is the biggest advantage. Monitored systems charge you $15 to $40 or more per month to have trained operators waiting to help you if there’s an emergency. This is good peace of mind, but it’s expensive.
Skateboarding has become a popular sport since the 80′s, when the first set of modern skateboards were made to excite teenagers and turning them to be dare devils on the skateboards. It still creates ripples all over the world. It is a sport, which is enjoyed by both the young and the old and has even surpassed genders. These days there are equal amount of male skateboarders as well as female skateboarders. Skateboarding is believed to be influenced from water surfing but whatever is its origin, today it has grown into a huge industry where you will find big brands in skateboards providing great skateboarding products to all its avid skateboarders and Birdhouse is definitely one of them.
Generally a beginner prefers investing in a skateboard which does not cost too much, the general perception is to get familiar with tricks and performances and then after sometime, gradually switching to a more expensive skateboard. Rightly so, because no one would like to buy an expensive skate board and risk of breaking or damaging it, but do not comprise cheap for a low quality skateboard. If you are looking for a skateboard, which is economical and fit for a beginner, then it is better to buy a cheap birdhouse skateboard.
If you are thinking of walking the streets or combing some shopping malls to look for a skateboard, then do not waste your time, simply go online and check on a cheap Birdhouse skateboard. You will find a huge range of skateboards, which could come within your budget and will not weigh down on your wallet. If you were to check out during holiday seasons like Christmas or any other occasions, you could get further special discounts and prices on a cheap Birdhouse skateboard. Usually a skateboard could costs you almost $100.00 but if you check out the cheap Birdhouse skateboard online you could get a skateboard for a low as $50.00 to $60.00, which is not a bad deal at all, for it means a good $30.00 to $40.00 of savings.
At Birdhouse there need not be a special occasion, to give you all skateboard lovers a discount or a special bargain, simply click on to Birdhouse skateboard and you will get great prices. The whole year has specials for all you skateboarders out there. Every skateboarding event and performance is exceptional and only people at Birdhouse can understand that. Just click on to cheap Birdhouse skateboard and you will be delighted to get some great money saving offers on superior quality skateboards both for beginners and professional riders.
Cheap Birdhouse skateboard simply means skateboards from Birdhouse at bargain prices and who does not want a good bargain for the best product? You could even compare the price of a cheap Birdhouse skateboard to other brands of skateboards. No other skateboard company has such great prices but only at Birdhouse. So if you are planning to buy a skateboard, go online and order a skateboard from Birdhouse, which is one of the best brands. You will simply love it, it’s an assurance.