Compensation for health and safety breaches depends on actual harm, Court of Appeal confirms – OUT-LAW.com

‘Employees must be able to prove that they have suffered actual harm as a result of breaches of health and safety law by an employer in order to claim compensation, the Court of Appeal has confirmed.’

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OUT-LAW.com, 29th April 2016

Source: www.out-law.com

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To notify or not to notify: the impact of contact terms on common law rights to terminate – Hardwicke Chambers

Posted April 27th, 2016 in compensation, construction industry, contracts, damages, news, notification by sally

‘In Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016] EWHC 525 (Comm), Teare J held that the notice requirements contained in the termination provisions of a master supply agreement (the MSA) did not apply to an innocent party’s exercise of its common law right to terminate the agreement by accepting the other party’s repudiatory breach.’

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Hardwicke Chambers, 26th April 2016

Source: www.hardwicke.co.uk

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Regina (Sino) v Secretary of State for the Home Department – WLR Daily

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

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Claim against MIB does not have protection of QOCS, High Court rules – Litigation Futures

‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.

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Litigation Futures, 26th April 2016

Source: www.litigationfutures.com

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Regina (Hallam) v Secretary of State for Justice; Regina (Nealon) v Same – WLR Daily

Posted April 20th, 2016 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Hallam) v Secretary of State for Justice; Regina (Nealon) v Same [2016] EWCA Civ 355

‘Both claimants were convicted of serious criminal offences and had their initial appeals against conviction dismissed. In the first case the Criminal Cases Review Commission referred the claimant’s conviction for murder to the Court of Appeal (Criminal Division), which quashed it on the basis the safety of the conviction was undermined by the unsatisfactory nature of identification evidence and doubts as to whether the claimant’s alibi had been falsely made. In the second case the commission referred the claimant’s conviction for attempted rape to the Court of Appeal, which quashed it on the basis that the weakness of identification evidence and fresh DNA evidence taken from the victim’s clothing had had a substantial effect on the safety of the conviction. In both cases the Secretary of State refused the claimant compensation, under section 133 of the Criminal Justice Act 1988, as amended, on the basis that he had failed to show beyond reasonable doubt that the claimant had not committed the offence. The claimants’ claims for judicial review of the Secretary of State’s decisions, on the grounds that section 133(1ZA) of the 1988 Act (inserted by section 175 of the Anti-social Behaviour, Crime and Policing Act 2014 and providing that there has been a miscarriage of justice in relation to a person convicted of a criminal offence “if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence”) was incompatible with article 6.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms in that it infringed the presumption of innocence, were dismissed by the Divisional Court of the Queen’s Bench Division which held that (i) the court was bound by authority of the Supreme Court (and also of the Court of Appeal) to hold that article 6.2 of the Convention was not applicable to compensation decisions made under section 133 of the 1988 Act; and (ii) the statutory scheme under section 133 maintained the presumption of innocence, did not require the applicant for compensation to prove his innocence and that only if the Secretary of State was satisfied that the new fact conclusively showed his innocence was compensation to be paid. The court also refused the claimant in the second case permission to proceed with a claim for judicial review on the basis that the Secretary of State was obliged to carry out a full review of the material before him in a particular case to determine whether the claimant was innocent.’

WLR Daily, 11th April 2016

Source: www.iclr.co.uk

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The criminal review system is failing innocent prisoners – The Guardian

‘The Criminal Cases Review Commission was supposed to provide a safety net for those wrongly convicted, but it hasn’t shone a light on miscarriages of justice.’

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The Guardian, 19th April 2016

Source: www.guardian.co.uk

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Payments to wrongly held detainees top £4m each year – BBC News

Posted April 20th, 2016 in compensation, detention, freedom of information, immigration, news by sally

‘The government is paying more than £4m each year in compensation to people who were held unlawfully in immigration detention centres, figures show.’

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BBC News, 20th April 2016

Source: www.bbc.co.uk

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PI victim gets 100% costs – despite failing with one allegation – Law Society’s Gazette

‘The Court of Appeal has ruled that a claimant should be awarded full costs of bringing her case despite losing on one of the issues.’

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Law Society’s Gazette, 15th April 2015

Source: www.lawgazette.co.uk

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Court of Appeal overturns issues-based part 36 offer – Litigation Futures

‘Judges can make issues-based costs orders under part 36 but only if it is unjust to deprive a successful claimant of all or part of their costs, the Court of Appeal has ruled in overturning such an order.’

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Litigation Futures, 15th April 2016

Source: www.litigationfutures.com

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London firm in the money after High Court upholds validity of contingency fee agreement – Litigation Futures

Posted April 15th, 2016 in compensation, fees, law firms, news by tracey

‘The High Court has upheld a contingency fee agreement under which a well-known London law firm received half of the compensation recovered – which amounted to over £400,000, eight times what it would have billed on an hourly basis.’

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Litigation Futures, 13th April 2016

Source: www.litigationfutures.com

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Opportunity doesn’t knock twice: recovering damages for consequential loss – Hardwicke Chambers

‘Today’s banks are in receipt of the largest fines ever imposed by the Financial Conduct Authority (FCA), or its predecessor the Financial Services Authority (FSA), and although they are taking responsibility for a number of failings (eg PPI, Derivatives, LIBOR and FOREX), restrictions on recovering loss, in particular where consequential loss is concerned, have come under significant scrutiny. This article examines the measure of loss in tort and contract, and particularly explores investors’ difficulties when making claims for loss of profit caused by mis selling.’

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Hardwicke Chambers, 31st March 2016

Source: www.hardwicke.co.uk

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Wrongful Birth and Wrongful Conception – The Rights of the Father – Hardwicke Chambers

‘The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 there has been little, if any, disruption to the status quo. It is clear however that there do remain some unanswered questions regarding the limits of recovery in this area; one such query arose in the more recent case of Whitehead v Searle [2008] EWCA Civ 285, where the rights of a father in these actions was considered.’

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Hardwicke Chambers, 8th April 2016

Source: www.hardwicke.co.uk

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Proprietary Estoppel: Expectation or Detriment – New Square Chambers

Posted April 13th, 2016 in appeals, compensation, damages, enforcement, estoppel, news, proportionality by sally

‘Proprietary estoppel claims can give rise to a particular issue: should the measure of the claimant’s relief be compensation for detriment or, more generously, enforcement of the relevant promise or assurance?’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

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Howe v Motor Insurers’ Bureau – WLR Daily

Howe v Motor Insurers’ Bureau [2016] EWHC 640 (QB)

‘Regulation 13(1) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 provides: “(1) This regulation applies where— (a) an accident, caused by or arising out of the use of a vehicle which is normally based in an EEA state, occurs on the territory of— (i) an EEA state other than the United Kingdom, or (ii) a subscribing state, and an injured party resides in the United Kingdom, (b) that injured party has made a request for information under regulation 9(2), and (c) it has proved impossible— (i) to identify the vehicle the use of which is alleged to have been responsible for the accident, or (ii) within a period of two months after the date of the request, to identify an insurance undertaking which insures the use of the vehicle.”’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

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New Independent Assessor of Compensation for Miscarriages of Justice – Ministry of Justice

Posted April 12th, 2016 in compensation, judges, miscarriage of justice, news by sally

‘Dame Linda Dobbs DBE, a former high court judge with 35 years of legal experience has been named the new Independent Assessor for Miscarriages of Justice.’

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Ministry of Justice, 8th April 2016

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

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Sam Hallam and Victor Nealon denied compensation by Court of Appeal – BBC News

Posted April 12th, 2016 in appeals, compensation, DNA, evidence, miscarriage of justice, news by sally

‘Two men who served long sentences before their convictions were overturned have lost the latest round of their legal fight for compensation.’

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BBC News, 11th April 2016

Source: www.bbc.co.uk

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New rules for data protection – Law Society’s Gazette

Posted April 4th, 2016 in compensation, data protection, EC law, news, notification by sally

‘In the UK there is currently no legal obligation under the Data Protection Act 1998 (DPA) to report personal data breaches to anyone. However, the Information Commissioner’s Office (ICO) guidance recommends that serious breaches should be brought to its attention.’

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Law Society’s Gazette, 4th April 2016

Source: www.lawgazette.co.uk

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One Step (Support) Ltd v Morris-Garner and another – WLR Daily

Posted March 30th, 2016 in appeals, compensation, damages, law reports, restrictive covenants by sally

One Step (Support) Ltd v Morris-Garner and another [2016] EWCA Civ 180

‘The defendants were a former director and manager of the claimant company who were found to have breached restrictive covenants not to compete, solicit clients or use confidential information belonging to the company. Losses were difficult to quantify. The judge gave the claimants the option of recovering damages on the Wrotham Park basis, being the amount which would notionally have been agreed between the parties, acting reasonably, as the price for releasing the defendants from the restrictions.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

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Does Art 5 entail a right to legal representation when facing prison for contempt of court? – UK Human Rights Blog

‘The European Court of Human Rights has held that the detention of an individual following his breach of a civil contact order, where he had no legal representation, did not violate his rights under Article 5, ECHR (Right to Liberty and Security of Person). However, the decision not to provide compensation to the individual following a failure to provide him with a lawyer during domestic proceedings resulted in a violation of Article 6 (Right to a Fair Trial).’

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UK Human Rights Blog, 30th March 2016

Source: www.ukhumanrightsblog.com

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Theresa May ‘wrongly deported 48,000 students’ after BBC Panorama exposes TOEIC scam – The Independent

‘Home Secretary Theresa May allegedly wrongly deported up to 50,000 international students after an English test cheating scam at one school was used to incriminate all who had sat the test.’

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The Independent, 29th March 2016

Source: www.independent.co.uk

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