Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same – WLR Daily

Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same [2014] EWCA Civ 194; [2014] WLR (D) 103

‘In determining whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, the Secretary of State for Justice was required to make a decision by applying the statutory test in accordance with Supreme Court guidance to the facts of the particular case. Those facts could include events which postdated the quashing of the conviction in the event that further facts of relevance to the application of the statutory test arose. The Secretary of State might come to his own view, having regard to the terms of the judgment by the Court of Appeal (Criminal Division) quashing the conviction, and provided the decision did not conflict with that judgment. The decision was then amenable to judicial review on conventional grounds of challenge, not merely because the court would have reached a different view. Save in exceptional circumstances, it should not be necessary for the court to engage in a detailed review of the facts.’

WLR Daily, 27th February 2014

Source: www.iclr.co.uk

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Anthony White Estates Ltd v National Grid Electricity Transmission plc – WLR Daily

Posted March 5th, 2014 in appeals, compensation, contracts, energy, news, sale of land, valuation by sally

Anthony White Estates Ltd v National Grid Electricity Transmission plc [2014] EWCA Civ 216; [2014] WLR (D) 108

‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’

WLR Daily, 3rd March 2014

Source: www.iclr.co.uk

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Teacher paid £230,000 compensation after slipping in ketchup – Daily Telegraph

Posted March 4th, 2014 in compensation, health & safety, news, personal injuries, teachers by sally

‘The claim is one of £1 million worth of compensation payments made to injured teachers by Essex County Council.’

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Daily Telegraph, 4th March 2014

Source: www.telegraph.co.uk

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Council did not have power to ban live animal exports, says judge – Local Government Lawyer

Posted March 4th, 2014 in animals, compensation, local government, news, proportionality by sally

‘A district council faces having to make a significant payout to exporters of live animals after a High Court ruled that the authority did not have power to impose a temporary ban on shipment.’

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Local Government Lawyer, 3rd March 2014

Source: www.localgovernmentlawyer.co.uk

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Taxi sex attacks: John Worboys’ victims win payout bid – BBC News

Posted February 28th, 2014 in compensation, human rights, news, police, rape, sexual offences by sally

‘Two women who were sexually assaulted by London taxi driver John Worboys have won a High Court victory in their bid to get compensation from the police.’

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BBC News, 28th February 2014

Source: www.bbc.co.uk

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Judge approves Savile compensation scheme – Daily Telegraph

Posted February 27th, 2014 in banking, compensation, executors, news, trusts, victims by sally

‘Victims of serial sex offender Jimmy Savile are a step closer to getting compensation after a judge sanctioned a scheme to award payouts.’

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Daily Telegraph, 26th February 2014

Source: www.telegraph.co.uk

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Prisoners paid compensation for socks and stereos – Daily Telegraph

Posted February 26th, 2014 in compensation, complaints, news, ombudsmen, prisons, statistics by tracey

‘ Taxpayers’ money is being wasted on paying prisoners compensation for damaged stereos and missing socks, a watchdog has revealed. Jail staff need to take greater care of prisoners’ property to avoid complaints being made and redress having to be paid to inmates, the Prisons and Probation Ombudsman (PPO) said.’

Full story

Daily Telegraph, 25th February 2014

Source: www.telegraph.co.uk

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British Telecommunications plc v Office of Communications and others – WLR Daily

Posted February 21st, 2014 in compensation, jurisdiction, law reports, licensing, media by sally

British Telecommunications plc v Office of Communications and others [2014] EWCA Civ 133; [2014] WLR (D) 79

‘The Office of Communications had jurisdiction under section 316 of the Communications Act 2003 to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.’

WLR Daily, 17th February 2014

Source: www.iclr.co.uk

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Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) – WLR Daily

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) [2014] EWCA Civ 118; [2014] WLR (D) 76

‘The doctrine of res judicata precluded a complainant who had accepted an award made by the Financial Ombudsman Service from starting legal proceedings to pursue complaints which had already been submitted to the ombudsman service and which the ombudsman had decided. Further, section 228(5) of the Financial Services and Markets Act 2000 did not exclude the operation of res judicata.’

WLR Daily, 14th February 2014

Source: www.iclr.co.uk

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Most train users unaware of rights, says rail regulator – BBC News

Posted February 21st, 2014 in codes of practice, compensation, consumer protection, news, railways by sally

‘Most train passengers are unaware of their rights to compensation after cancellations or delays, the rail regulator has said.’

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BBC News, 21st February 2014

Source: www.bbc.co.uk

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Customers lose right to sue after taking ombudsman compensation – Daily Telefgraph

Posted February 17th, 2014 in compensation, financial advice, news, ombudsmen by sally

‘Financial services customers who have accepted compensation from the ombudsman can no longer sue for further redress in court following a landmark Court of Appeal ruling.’

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Daily Telegraph, 14th February 2014

Source: www.telegraph.co.uk

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Private Prosecutions: The foundations are laid – Six Pump Court

Posted February 14th, 2014 in abuse of process, compensation, confiscation, fraud, news, police, private prosecutions by sally

‘The headline in The Guardian on Wednesday 29th January 2014 (“Metropolitan Police accused of acting on behalf of big business”) would undoubtedly have caused a stir amongst private prosecutors, public prosecutors, the police, the Home Office and others interested in the issue of commercial organisations seeking redress in the criminal courts in relation to crimes committed against them. The story, based upon observations made by the Lord Chief Justice in a recent Court of Appeal case, queried the efficacy of private prosecutions brought in such circumstances and – quoting labour MP Tom Watson and Jenny Jones, a London assembly member for the Green party – suggested that they represented the “…creeping privatisation of policing…”. The former spoke of “…two tier-policing where corporate interests can buy the time of the police…” whilst the latter complained, “I hate the thought that if you are rich you can buy more justice than if you are poor…”. And yet at a time when funding for public bodies – and in particular prosecuting authorities – is under such severe strain, it is inevitable that there will be a growing demand for the private sector to operate in areas that were once solely or mainly inhabited by the state. Private prosecutions are here to stay – that much is clear from the case concerned. But are the criticisms levelled against them fair? And what is the real impact of the case on private prosecutions, confiscation and compensation and the very real problem of fraud on commerce? ‘

Full story

Six Pump Court, 5th February 2014

Source: www.6pumpcourt.co.uk

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Supplier tries to stick the boot in to its commercial agent – Technology Law Update

Posted February 12th, 2014 in agency, compensation, indemnities, news, small businesses by sally

‘We have been meeting with a number of smaller software suppliers and tech start-ups recently who have been grappling with the challenge of boosting their geographical reach. We use the word ‘challenge’ because (a) there are only 24 hours in a day, (b) smaller businesses tend not to have a raft of sales executives in their employment and (c) it is difficult to achieve global domination when you still want to focus on product development and manufacturing issues.’

Full story

Technology Law Update, 11th February 2014

Source: www.technology-law-blog.co.uk

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Apollo Theatre ceiling collapse family seeks payout – BBC News

Posted February 10th, 2014 in accidents, compensation, health & safety, insurance, news, theatre by tracey

‘A family injured when the Apollo Theatre ceiling collapsed is suing the theatre’s owners for compensation.’

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BBC News, 7th February 2014

Source: www.bbc.co.uk

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Ex-soldier sues Ministry of Defence for alleged failure to tackle bullying – The Guardian

Posted February 10th, 2014 in armed forces, bullying, compensation, complaints, harassment, news, ombudsmen, standards, statistics by tracey

‘A former British private is suing the Ministry of Defence over allegations the army allowed severe bullying which led to him attempting to take his own life five times.’

Full story

The Guardian, 8th February 2014

Source: www.guardian.co.uk

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Mesothelioma Act 2014

Mesothelioma Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd – WLR Daily

Posted January 30th, 2014 in agency, compensation, indemnities, law reports, regulations by sally

Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd [2014] EWHC 47 (QB); [2014] WLR (D) 32

‘A clause in an agency agreement which dealt with an agent’s entitlement to compensation or an indemnity on termination of the agreement was neither consistent with nor permitted by regulation 17(2) of the Commercial Agents (Council Directive) Regulations 1993.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

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Police for hire: Judge hits out at Met’s agreement to aid Virgin Media in a private prosecution – The Independent

Posted January 30th, 2014 in compensation, fraud, news, police, private prosecutions by sally

‘The UK’s most senior judge has criticised a deal that saw the Metropolitan Police agree to help Virgin Media in a private prosecution of a gang of fraudsters in exchange for a share of the compensation, it was reported.’

Full story

The Independent, 30th January 2014

Source: www.independent.co.uk

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Two jailed for Twitter abuse of feminist campaigner – The Guardian

Posted January 27th, 2014 in compensation, harassment, internet, news, sentencing, threatening behaviour by sally

‘Two people were jailed on Friday for subjecting feminist campaigner Caroline Criado-Perez to abuse on Twitter.

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

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Law could be changed to allow fracking below houses without owners’ permission – The Independent

Posted January 27th, 2014 in compensation, consent, energy, environmental protection, news, trespass by sally

‘Ministers are reportedly reviewing laws that would allow fracking to be carried out underneath houses without the permission of the owners.’

Full story

The Independent, 26th January 2014

Source: www.independent.co.uk

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