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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Barrister cops double suspension after immigration conviction – Legal Futures

‘A barrister who was convicted last year of practising as an immigration adviser while his registration was suspended, has now been suspended from the Bar as well.’

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legal Futures, 28th July 2016

Source: www.legalfutures.co.uk

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The fight against fraud – New Law Journal

‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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The Simmons v Castle debate continues – Cloisters

‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Seaside arcade ordered to pay £300 to girl, 8, after refusing to give her prize – Daily Telegraph

Posted July 27th, 2016 in children, compensation, gambling, news by sally

‘A seaside amusement arcade has been ordered to pay back more than £300 to an eight-year-old girl because they refused to give her a prize.’

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Daily Telegraph, 26th July 2016

Source: www.telegraph.co.uk

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Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts – Cloisters

‘William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Criminal injuries compensation – Law Society’s Gazette

‘The courts have tackled the issue of compensation for criminal injuries inflicted before birth.’

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Law Society’s Gazette, 25th July 2016

Source: www.lawgazette.co.uk

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Failure to serve costs budget limits claimant’s recovery to court fees in £3m quantum-only dispute – Litigation Futures

‘The fact that a clinical negligence case had become a quantum-only dispute did not take it out of the costs management regime, meaning that the claimant’s failure to serve a costs budget restricted its recoverable costs to the court fees only, the Court of Appeal has ruled.’

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Litigation Futures, 25th July 2016

Source: www.litigationfutures.com

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Cliff Richard set for court battle with BBC after corporation rejects damages claim – Daily Telegraph

‘Sir Cliff Richard is set for a court battle with the BBC, after the corporation rejected a demand that it pay damages for its controversial live coverage of a police raid on the singer’s home.’

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Daily Telegraph, 24th July 2016

Source: www.telegraph.co.uk

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NHS patients infected with contaminated blood to get extra payments – The Guardian

Posted July 14th, 2016 in blood products, compensation, news by tracey

‘Thousands of people with haemophilia and others infected during surgery and childbirth in England are to get increased ex-gratia payments for being infected with the hepatitis C virus (Hep C) and/or HIV during the NHS contaminated blood scandal more than 30 years ago.’

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The Guardian, 13th July 2016

Source: www.guardian.co.uk

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Proprietary Estoppel: Recent Updates – Henderson Chambers

Posted July 13th, 2016 in appeals, compensation, equity, estoppel, news by sally

‘Proprietary estoppel is a flexible and useful cause of action. Instances of parties claiming entitlement to equitable relief by way of proprietary estoppel have increased markedly in the last few years. Proprietary estoppel is often pleaded in addition to other causes of action, such as resulting trusts, common intention constructive trusts and contract claims. Consequently it is an important area of law for property, family and commercial practitioners.’

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Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

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Daniel and another v Tee and others – WLR Daily

Posted July 13th, 2016 in breach of trust, compensation, law reports, solicitors, trusts by sally

Daniel and another v Tee and others [2016] EWHC 1538 (Ch)

‘The defendants were professional solicitor trustees of a trust of which the claimants were the beneficiaries. The claimants sought compensation for breach of trust in connection with the investment of the trust funds in the period 2000 to 2002.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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Has the Claimant Beaten its Part 36 Offer? Perhaps not as Simple as it Looks – Zenith PI Blog

‘HHJ Pelling QC considered whether, when considering if a claimant had beaten its Part 36 offer, the court should simply compare the amount of the judgment with the offer the claimant had made or if account should be taken of the interest that had accrued in the period leading up to the trial.’

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Zenith PI Blog, 13th July 2016

Source: www.zenithpi.wordpress.com

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Right to light appeal: bad conduct ‘key factor’ in grant of injunction, experts say – OUT-LAW.com

‘The Court of Appeal has upheld an injunction over what was a relatively minor breach of a right to light, primarily because of the developer’s poor conduct throughout the dispute.’

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OUT-LAW.com, 12th July 2016

Source: www.out-law.com

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