Jimmy Savile victims’ compensation scheme approved by appeal court – The Guardian

Posted December 16th, 2014 in appeals, compensation, news, sexual offences, victims by tracey

‘The court of appeal has upheld a compensation scheme set up for scores of women who say they were sexually abused by Jimmy Savile, paving the way for claims to go ahead.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

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Stage manager is awarded £3.7m compensation after being left paralysed – The Guardian

Posted December 12th, 2014 in compensation, health & safety, news, personal injuries by sally

‘A stage manager for an award-winning theatre company, left paralysed after walking through an unmarked backstage door into “thin air” and falling three metres, has been awarded £3.7m in compensation, in one of the biggest payouts in the UK entertainment sector.’

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The Guardian, 11th December 2014

Source: www.guardian.co.uk

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Carrying over annual leave and back-pay: Sash Window Workshop Ltd v King – Cloisters

‘In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.’

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Cloisters, 7th December 2014

Source: www.cloisters.com

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Merseyside dangerous dog raids: Police acted ‘unlawfully’ – BBC News

Posted December 10th, 2014 in compensation, dogs, judicial review, news, police by sally

‘A police crackdown that saw 22 dangerous dogs rounded up and destroyed across Merseyside was “unlawful”, a court has ruled.’

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BBC News, 9th December 2014

Source: www.bbc.co.uk

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Criminal Injury Compensation Authority (CICA)’s refusal of application for compensation arising out of Fetal Alcohol Spectrum Disorder (FASD) is endorsed by Court of Appeal : CP (A Child) v First Tier Tribunal (Criminal Injuries Compensation) – Zenith PI Blog

‘Yesterday the Court of Appeal gave a vote of confidence in CICA’s recent policy change on FASD inflicted injuries. The Court concluded that, as a foetus was not ‘any other person’ in the eyes of the criminal law, the mother’s damagingly excessive alcohol consumption was NOT an act of violence susceptible to compensation.

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Zenith PI Blog, 9th December 2014

Source: www.zenithpi.wordpress.com

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New support for industrial disease victims – Ministry of Justice

Posted December 9th, 2014 in asbestos, compensation, industrial injuries, news, victims by sally

‘New measures to support sufferers of the industrial disease mesothelioma and their families have been announced by Justice Minister Lord Faulks.’

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Ministry of Justice, 8th December 2014

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

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Foetal alcohol damages case dismissed by Court of Appeal – BBC News

‘A child born with foetal alcohol syndrome is not legally entitled to compensation after her mother drank excessively while pregnant, the Court of Appeal has ruled.’

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BBC News, 4th December 2014

Source: www.bbc.co.uk

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Music bodies launch legal challenge against new UK private copying rules – OUT-LAW.com

Posted November 28th, 2014 in artistic works, compensation, copyright, EC law, judicial review, licensing, news by sally

‘A number of UK music industry bodies have launched a legal challenge against newly introduced UK rules that enable consumers to make private copies of lawfully acquired copyrighted material without be held as copyright infringers.’

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OUT-LAW.com, 27th November 2014

Source: www.out-law.com

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Litigation funding options: The importance of a comprehensive checklist – Hardwicke Chambers

Posted November 27th, 2014 in appeals, compensation, costs, law firms, legal ombudsman, news by sally

‘The judgment of Mr Justice Hickinbottom in Clarke v McDaniel & Co (15 October 2014, unreported) provided a salutary reminder to litigation solicitors of the need to ensure that in their initial discussion with a potential client they advise and explore with the client other sources of funding litigation.’

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Hardwicke Chambers, 17th November 2014

Source: www.hardwicke.co.uk

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Equitable Compensation – The Supreme Court Reviews the Position – Littleton Chambers

Posted November 27th, 2014 in appeals, compensation, mortgages, news, solicitors, Supreme Court by sally

‘The Supreme Court recently gave judgment in the case of AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58. The decision provides an important treatment of equitable compensation within the wider scheme of remedial rules.’

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Littleton Chambers, 26th November 2014

Source: www.littletonchambers.com

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Backlash on whiplash – New Law Journal

Posted November 18th, 2014 in compensation, expert witnesses, fees, Ministry of Justice, news, personal injuries by sally

‘Chris Pamplin looks at recent moves by the Ministry of Justice to control the whiplash claims industry & MROs.’

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New Law Journal, 14th November 2014

Source: www.newlawjournal.co.uk

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The Duty to Inform and Consult under Regulation 13 of TUPE – Tanfield Chambers

‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’

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Tanfield Chambers, 16th October 2014

Source: www.tanfieldchambers.co.uk

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Asbestos, recoupment of compensation, and the Pneumoconiosis (Workers’ Compensation) Act 1979 – Zenith PI Blog

Posted November 17th, 2014 in asbestos, benefits, compensation, damages, employment, news by sally

‘Defendants in asbestos-related claims should be careful to ensure that compensation paid under the Pneumoconiosis (Workers Compensation) Act 1979 (“the Act”) is properly deducted from a claimant’s damages, before an order for damages is made against them.’

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Zenith PI Blog, 13th November 2014

Source: www.zenithpi.wordpress.com

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JR looms as MoJ admits: new whiplash rules “could lead to misunderstanding” – Litigation Futures

‘The Ministry of Justice (MoJ) has admitted that the new rules for whiplash claims, introduced on 1 October this year, “could in practice lead to some misunderstanding” and may have to be amended.’

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Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

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Supreme Court backs existing test for calculating ‘equitable compensation’ – OUT-LAW.com

Posted November 13th, 2014 in compensation, mortgages, news, Supreme Court by tracey

‘Lenders can only be compensated for actual losses that stem from a breach of trust in commercial transactions, the Supreme Court has confirmed.’

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OUT-LAW.com, 11th November 2014

Source: www.out-law.com

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Compensation Fund could pay the price after High Court buy-to-let ruling – Legal Futures

‘The Solicitors Compensation Fund could be hit by a new wave of property claims after a High Court ruling on two test cases relating to a buy-to-let scheme.’

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Legal Futures, 7th November 2014

Source: www.legalfutures.co.uk

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Mirfin v Secretary of State for Energy and Climate Change: Manchester County Court’s application of the Mesothelioma Claims Practice Direction to “non-mesothelioma” cases – Zenith PI Blog

Posted November 6th, 2014 in asbestos, compensation, courts, news, practice directions by sally

‘The Manchester County Court’s designated District Judges for Cancer Asbestos and Terminal Illness (“CAT”) cases apply from the outset the Mesothelioma Claims Practice Direction to all asbestos-related claims, irrespective of whether they involve mesothelioma: and this appeal judgment supports this practice.’

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Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

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Nottingham dog owner banned after pet attacked woman – BBC News

Posted November 6th, 2014 in animals, compensation, dogs, news, sentencing, supervision orders, suspended sentences by sally

‘A woman has been banned from owning animals for life after her dog mauled her pregnant friend, tearing off part of her lip and almost killing her.’

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BBC News, 5th November 2014

Source: www.bbc.co.uk

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AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) – Supreme Court

Posted November 5th, 2014 in breach of trust, compensation, law reports, loans, mortgages, solicitors, Supreme Court by sally

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) [2014] UKSC 58 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Jimmy Savile trust challenges victims’ compensation scheme – BBC News

Posted November 5th, 2014 in BBC, charities, compensation, news, personal injuries, sexual offences, victims by sally

‘A charitable trust has launched an Appeal Court challenge over the compensation scheme for people who say they were abused by Jimmy Savile.’

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BBC News, 4th November 2014

Source: www.bbc.co.uk

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