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DEFENSIVE POSTURES

1st November 2001
Page 24
Page 24, 1st November 2001 — DEFENSIVE POSTURES
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Which of the following most accurately describes the problem?

I read with interest the contents of your article concerning prosecutions abroad and in particular Europe. For my part can I add that my practice has been undertaking defence of prosecutions in member states and other European Countries over the past five years—a large proportion of which have been under the RHA membership and their associated cover scheme.

I commend the RHA for their excellent input and, so too, their insurers. I would advise you that we have had approximately a 96% success rate in defence and return of initial on-the-spot penalties with decisions of no conviction, or acquittal.

The very real problem is that, unlike England and Wales, costs do not necessarily follow the cause and defence costs order, or the recovery of defence costs is rarely achieved, if ever (the same applies to Scotland).

M.J. Cunningham, Partner, Cunningham Turner Solicitors, Blackburn, Lancs.

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