Kratzer v RAV AG: Access to Employment versus access to compensation – Cloisters

Posted August 25th, 2016 in age discrimination, compensation, EC law, employment, news by sally

‘Those with long memories will recall a Mr John Berry (alias) who was said to have made ET litigation a veritable cottage industry. Mr Berry’s modus operandi was to locate advertisements (principally placed by recruitment agencies) for roles across the UK which contained terminology allegedly targeting younger people such as “school leavers” or “recent graduates.” Estimates suggest that Mr Berry presented over 60 such claims, several of which led to financial settlement. A number of these claims ultimately made their way to Underhill P in Berry v Recruitment Revolution and ors UKEAT/0419/10/LA etc. On that occasion the EAT determined that an individual who has not applied for a role advertised in discriminatory terms and was not deterred from so applying had no right to compensation.’

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Cloisters, 18th August 2016

Source: www.cloisters.com

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When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

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An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

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Successful compensation appeal by rape victim – UK Human Rights Blog

‘The Upper Tribunal has ruled that, in deciding whether or not an applicant has cooperated with the prosecution of her assailant where she made and later retracted an allegation of rape, it was necessary to see why that retraction was made and whether it was done truly voluntarily, rather than simply assessing whether she was responsible for the retraction.’

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UK Human Rights Blog, 22nd August 2016

Source: www.ukhumanrightsblog.com

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Woman gets £2m over near-drowning in school swimming lesson – The Guardian

‘A woman who won a judgment against her local authority after she nearly drowned during a school swimming lesson 16 years ago has been awarded £2m in compensation.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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Sharon Shoesmith on Baby P, child protection and the tabloid media: ‘I came very close to not standing up again’ – The Guardian

‘The death of a toddler at the hands of his abusive family shocked the nation in 2007, and led to the sacking and demonisation of Sharon Shoesmith, head of Haringey children’s services. But was she just a scapegoat?’

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The Guardian, 19th August 2016

Source: www.guardian.co.uk

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Family of man who died after police Tasering receive payout – The Guardian

Posted August 19th, 2016 in bereavement, compensation, news, police, weapons by tracey

‘The family of a man who died after being Tasered by police while soaked in petrol have agreed to an out-of-court financial settlement.’

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The Guardian, 18th August 2016

Source: www.guardian.co.uk

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Iraq War: Public Interest Lawyers closes down – BBC News

‘The law firm Public Interest Lawyers, which submitted multiple allegations of misconduct by British troops during the Iraq War, is to close.’

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BBC News, 15th August 2016

Source: www.bbc.co.uk

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Landlords behaving badly – Nearly Legal

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

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Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk

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Hundreds of compensation claims against British soldiers could be abandoned after controversial law firm announces closure – Daily Telegraph

‘Hundreds of compensation claims against British soldiers are likely to be abandoned after a controversial law firm accused of “hounding” troops announced that it is closing.’

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Daily Telegraph, 15th August 2016

Source: www.telegraph.co.uk

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Jehovah’s Witnesses under pressure over handling of sexual abuse claims – The Guardian

‘The Jehovah’s Witnesses organisation is under increasing pressure to address its handling of sexual abuse allegations as it faces legal setbacks, bills of over £1m and a fight to prevent the Charity Commission examining its records of abuse claims.’

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The Guardian, 12th August 2016

Source: www.guardian.co.uk

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Domestic abuse privacy breach: Greater Manchester Police pays victim – BBC News

Posted August 11th, 2016 in compensation, domestic violence, news, police, privacy, victims by tracey

‘A domestic abuse victim has received £75,000 from a police force after it revealed details of her treatment by a former boyfriend without her consent.’

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BBC News, 11th August 2016

Source: www.bbc.co.uk

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What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

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University forced to pay out for 2.3% contribution to employee’s asbestosis – Litigation Futures

Posted August 3rd, 2016 in asbestos, compensation, negligence, news, personal injuries, universities by tracey

‘The Court of Appeal has ruled that an employer who negligently contributed 2.3% of the asbestos fibres in the lungs of an asbestosis sufferer should have to pay proportional compensation.’

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Litigation Futures, 1st August 2016

Source: www.litigationfutures.com

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Emergency Powers Compensation – Local Government Law

‘In Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 the Council exercised its emergency powers under Section 78 of the Building Act 1984 to restrict public access to Hastings Pier.’

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Local Government Law. 27th July 2016

Source: www.11kbw.com/blogs/local-government-law

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High court rules in favour of rape victim who retracted accusation under duress – The Guardian

‘A domestic violence victim who was jailed for retracting an allegation of rape, which was actually true, will have her compensation increased after an appeal judge ruled she had been unfairly punished for failing to fully cooperate with police.’

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The Guardian, 1st August 2016

Source: www.guardian.co.uk

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Claims Management Regulator – Misleading marketing statements – Ministry of Justice

‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’

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Ministry of Justice, 29th July 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

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Linklaters escapes ‘unprecedented’ disclosure order – Law Society’s Gazette

‘The High Court has decided against making what would have been an unprecedented order in relation to e-disclosure in an action brought over the behaviour of a mining company in Peru.’

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Law Society’s Gazette, 29th July 2016

Source: www.lawgazette.co.uk

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Police watchdog IPCC ‘favours black complainants’ – BBC News

‘The police watchdog is now “more likely to believe black complainants than white police officers”, according to a former officer and equality campaigner.’

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BBC News, 31st July 2016

Source: www.bbc.co.uk

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Supreme Court dismisses appeal by council over payout for closure of pier – Local Government Lawyer

Posted July 29th, 2016 in compensation, emergency powers, local government, news, repairs by tracey

‘A borough council is facing a payout following the loss of a Supreme Court battle over compensation payable when the local authority used its emergency powers to close a pier.’

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Local Government Lawyer, 28th July 2016

Source: www.localgovernmentlawyer.co.uk

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