Broken leg

[thirdcrank]

... Private prosecutions are extremely rare but have happened. ...

I learn something new everyday (but forget two other things at the same time, so my head is slowly emptying )

I read the no private prosecutions thing in Scotland quite recently - last few weeks - but I cannot remember where it was. It will have been a newspaper or mag rather than a legal publication so I was depending on a poorly-informed source.

The main point is that if a prosecution is worth bringing, then it should be brought by the Crown and if it isn't then nobody should be dragged to a criminal court on a private whim, grudge, crusade or whatever.

[irc]

... Private prosecutions are extremely rare but have happened. ...

I learn something new everyday (but forget two other things at the same time, so my head is slowly emptying )

I read the no private prosecutions thing in Scotland quite recently - last few weeks - but I cannot remember where it was. It will have been a newspaper or mag rather than a legal publication so I was depending on a poorly-informed source.

The main point is that if a prosecution is worth bringing, then it should be brought by the Crown and if it isn't then nobody should be dragged to a criminal court on a private whim, grudge, crusade or whatever.

Correct. That is what civil courts are for.

[Phil_Lee]

The main point is that if a prosecution is worth bringing, then it should be brought by the Crown and if it isn't then nobody should be dragged to a criminal court on a private whim, grudge, crusade or whatever.

I agree. If a prosecution is worth bringing, it certainly should be brought by the crown.
But what redress is there when they should but don't?
If we can't make private prosecutions, there needs to be a viable way of challenging and overturning CPS decisions.
Well, we need that even with the ability to bring PPs.
Because the CPS are very clearly and obviously failing in their duty.

The CPS has been largely responsible for the collapse in driving standards over the last few decades.
If a law isn't worth enforcing, why have it in the first place?
And if the government has decided that it's worth legislating, who are the CPS to disregard that on a whim?

As far as I'm concerned, the CPS is a criminal conspiracy to pervert the course of justice.

[filiasphil]

Not sure how the legal side of things work any ideas ?[/quote]

If you haven't done so already, you should look to instruct a personal injury solicitor, preferably with sub speciality of cycling accidents.

For any personal injury claim, in order to be entitled to compensation, you need to establish that the van driver's driving was negligent. Hopefully, in your case there will be a swift admission of liability by the van driver's insurers and you can then seek interim payments for ongoing financial losses, treatment and expenses. A successful personal injury claim is not dependant on a criminal conviction e.g for careless driving.

Good luck.

[MarkF]

Another consolation ..................I ruptured my distal tendon on my right arm on Monday night, prior I didn't even know what a distal tendon was. I am soon to have an op, 8 weeks in a brace and 3 months re-hab, with a complete 8cm "gap" and my bicep being dragged further up my arm by the hour, I am looking at a year to get better. Wish I had a broken leg.

[SimonCelsa]

Don't worry too much about it.

I spend more than half the year away on a rusty old Chinese gas tanker around Asia - away from the bike, & the only real exercise is a few brisk walks round the deck.

When I come home it takes about a week to get the bike muscles back & then I'm flying again like a bird...well, not quite but it sure feels like it!!

Still trying to get the kids as enthusiastic as I am and the old tandem is certainly doing the trick.

Keep the old pecker up & all that, a lot worse happens at sea,

I've just done a 70 mile half day beautiful ride in the Eastern Highlands & absoultely loved it,

All the best & get well soon, Simon