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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Modern slavery bill is ‘lost opportunity’, says human trafficking adviser – The Guardian

‘The government’s modern slavery bill is a “lost opportunity,” the home secretary’s former special envoy for human trafficking has warned. Anthony Steen, who advised on the legislation and chairs the Human Trafficking Foundation, said the bill, which will be debated in parliament on Tuesday for its third reading, had “yawning gaps”, and failed to focus on the needs of victims of trafficking in the UK.’

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The Guardian, 3rd November 2014

Source: www.guardian.co.uk

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Government not required to disclose full details of defence – UK Human Rights Blog

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

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Barber who punched man while still holding razor spared jail – Daily Telegraph

Posted October 27th, 2014 in compensation, costs, news, suspended sentences, wounding by sally

‘Barber avoids jail after slashing a man’s neck with a cut-throat razor as they fought outside his shop.’

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Daily Telegraph, 24th October 2014

Source: www.telegraph.co.uk

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Met police to pay more than £400,000 to victim of undercover officer – The Guardian

Posted October 24th, 2014 in compensation, demonstrations, inquiries, news, paternity, police, spying by sally

‘The Metropolitan police are to pay more than £400,000 to a woman who has been profoundly traumatised after discovering by chance that the father of her son was an undercover police officer.’

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The Guardian, 23rd October 2014

Source: www.guardian.co.uk

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Compensation paid after Catholic priests abuse claims – BBC News

Posted October 22nd, 2014 in abuse of position of trust, compensation, news, sexual offences, victims by sally

‘Compensation has been paid to 11 former trainee priests who claim they were sexually abused at St Peter Claver College in Mirfield, West Yorkshire.’

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BBC News, 21st October 2014

Source: www.bbc.co.uk

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PI: calculating disadvantage – Law Society’s Gazette

Posted October 21st, 2014 in compensation, damages, news, personal injuries by sally

‘The assessment of loss for the future earning capacity of a person suffering residual disability through injury has always been unsatisfactory. The method for calculating multipliers, multiplicands and understanding the at times unfathomable awards of the head of damages known as Smith v Manchester has been cloaked in mathematical illogicality.’

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Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

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Miners’ deafness claims against government on the rise – Litigation Futures

‘Compensation payouts to miners suffering from noise-induced hearing loss (NIHL) are rising sharply, government figures have shown.’

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Litigation Futures, 20th October 2014

Source: www.litigationfutures.com

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Cellar slave girl: Salford couple must pay victim £100,000 – BBC News

‘A deaf girl from Pakistan kept as a slave for nine years by a millionaire couple from Salford is to receive £100,000 in compensation.’

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BBC News, 15th October 2014

Source: www.bbc.co.uk

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Revealed: The killers and rapists among 1,000 criminals launching compensation claims over prisoner voting – Daily Telegraph

Posted October 10th, 2014 in compensation, elections, human rights, news, prisons by sally

‘Identities of more than 1,000 convicted criminals who have brought legal challenges over Britain’s ban on inmates voting are disclosed by Strasbourg court for the first time.’

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Daily Telegraph, 9th October 2014

Source: www.telegraph.co.uk

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Loss of Earnings: The “Ogden Approach” in Practice: Two Cases Examined – Zenith PI Blog

Posted October 7th, 2014 in appeals, compensation, damages, news, personal injuries by sally

‘Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. Here we look at two cases where the use of this approach has been considered. In Ward it was held not to be appropriate; in Billett it was greatly modified.’

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Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

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