Section 13 DPA in the High Court: nominal damage plus four-figure distress award – Panopticon

Posted June 16th, 2014 in compensation, damages, data protection, disclosure, documents, news, time limits by sally

‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’

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Panopticon, 13th June 2014

Source: www.panopticonblog.com

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Delaney v Secretary of State for Transport – WLR Daily

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB); [2014] WLR (D) 253

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport and which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau, was incompatible with Council Directive 72/166/EEC, Second Council Directive 84/5/EEC and Third Council Directive 90/232/EEC.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

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Ombudsman finds Bedfordshire man failed by council and health service – BBC News

‘Health and social care officials have been criticised for letting a severely mentally ill patient live in “squalor”.’

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BBC News, 12th June 2014

Source: www.bbc.co.uk

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Drug-dealer passenger gets Euro-damages for car crash – UK Human Rights Blog

‘Many readers may be wondering how it comes about that a drug-dealer is entitled to compensation against Her Majesty’s Government in circumstances where he was injured during the course of a criminal joint enterprise. The understandable reaction might be: there must be some rule of public policy, reflecting public revulsion, which bars such a claim. The short answer is that there is not.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

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New laws to stop claims firms giving away tablet PCs – BBC News

‘Lawyers and claims firms are to be banned from offering incentives such as free tablet computers to encourage people to make insurance claims’

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BBC News, 7th June 2014

Source: www.bbc.co.uk

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Exaggerated whiplash claims to be thrown out of court in Government crackdown – The Independent

Posted June 9th, 2014 in accidents, compensation, fraud, insurance, news, personal injuries by sally

‘Anyone exaggerating whiplash or other injuries to get compensation will be thrown out of court in a Government crackdown on dishonest claims.’

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The Independent, 7th June 2014

Source: www.independent.co.uk

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Women win ‘substantial’ compensation over sex pest boss – Daily Telegraph

Posted June 6th, 2014 in compensation, harassment, news by sally

Darren Scott, 53, was “fixated” by 24-year-old Diana Nicholl-Pierson’s breasts and openly ogled them in their Mayfair office, a tribunal found

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Daily Telegraph, 5th June 2014

Source: www.telegraph.co.uk

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Thalidomide drug victims launch legal action – BBC News

Posted June 5th, 2014 in birth, compensation, medicines, news, personal injuries, victims by sally

‘Thalidomide victims have launched legal action against the drug’s manufacturer and distributor 50 years after it was prescribed to their mothers.’

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BBC News, 5th June 2014

Source: www.bbc.co.uk

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Slavery victims in Britain to be eligible for reparations from traffickers – The Guardian

‘Victims of “modern slavery” are to become eligible for compensation and reparations from their traffickers, in recognition of the exploitation and loss of dignity they have suffered, the home secretary, Theresa May, is to announce.’

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The Guardian, 4th June 2014

Source: www.guardian.co.uk

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Drug dealer wins car crash compensation battle – Daily Telegraph

‘High Court rules British laws on uninsured drivers are ‘in plain breach’ of European Union directives.’

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Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

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Mitsui Sumitomo Insurance Co (Europe) Ltd and another v Mayor’s Office for Policing and Crime – WLR Daily

Mitsui Sumitomo Insurance Co (Europe) Ltd and another v Mayor’s Office for Policing and Crime; Royal & Sun Alliance Insurance plc v Same; Lace International Ltd and others v Same [2014] EWCA Civ 682;  [2014] WLR (D)  230

‘In order for persons to have been “riotously and tumultuously assembled together” for the purposes of a claim under section 2(1) of the Riot (Damages) Act 1886 there had to have been a riot within the meaning of section 1 of the Public Order Act 1986. The trial judge had to conduct an inquiry, focusing on whether property had been damaged or destroyed as a result of mob violence, and carrying out an evaluative exercise to determine whether the assembly was riotous and tumultuous in the light of the primary facts as found.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

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Teacher paid £23,000 compensation for slipping in puddle – Daily Telegraph

Posted May 27th, 2014 in compensation, news, personal injuries, teachers by sally

‘A teacher won a case for £23,000 in compensation after claiming to have suffered injuries after slipping in a puddle at school.’

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Daily Telegraph, 27th May 2014

Source: www.telegraph.co.uk

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EBay could face compensation claims following cyber attack, warns expert – OUT-LAW.com

Posted May 23rd, 2014 in compensation, computer crime, data protection, fines, identity fraud, news by sally

‘Online marketplace eBay may face compensations claims from some of its users if their IT security systems are shown to be deficient in light of a major cyber attack that has hit the company, an expert has said.’

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OUT-LAW.com, 22nd May 2014

Source: www.out-law.com

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Fracking compensation to be increased – The Guardian

Posted May 23rd, 2014 in compensation, energy, news by sally

‘Government hopes extra funds for affected communities will quell opposition to controversial method of extracting fuel.’

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The Guardian, 23rd May 2014

Source: www.guardian.co.uk

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CA upholds negligence ruling in miner’s compensation case – Legal Futures

Posted May 22nd, 2014 in appeals, compensation, industrial injuries, miners, negligence, news by sally

‘The Court of Appeal has upheld a ruling that Yorkshire law firm Raleys was negligent in its handling of a claim under the government compensation scheme for ex-miners suffering from vibration white finger (VWF).’

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Legal Futures, 22nd May 2014

Source: www.legalfutures.co.uk

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Law firm’s medical negligence advert was misleading, ASA rules – Legal Futures

‘An internet banner advertisement by an Essex law firm which showed a woman’s face above the slogan “awarded £40,000 after cosmetic surgery – claim now” was misleading, the Advertising Standards Authority (ASA) has ruled.’

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Legal Futures, 21st May 2014

Source: www.legalfutures.co.uk

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Businesses win riot damage ruling at Court of Appeal – BBC News

Posted May 21st, 2014 in appeals, arson, compensation, insurance, news, police, violent disorder by tracey

‘Businesses whose property is damaged in riots can recover “consequential” losses stemming from the incident, the Court of Appeal has ruled. Previously it was believed compensation payable by police under the Riot Act was limited to physical damage.’

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BBC News, 20th May 2014

Source: www.bbc.co.uk

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Woman abused by stepfather fights for compensation – Daily Telegraph

‘A woman who was sexually abused by her stepfather for more than a decade will today bring a landmark legal case in an attempt to overturn rules which bar her from claiming compensation from public funds.’

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Daily Telegraph, 21st May 2014

Source: www.telegraph.co.uk

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Daniel Morgan’s family paid £50k over police failings – BBC News

Posted May 15th, 2014 in compensation, corruption, families, murder, news, police, private investigators by tracey

‘The family of a private investigator found murdered outside a London pub is to be paid £50,000 for highlighting the failings of the Met Police.’

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BBC News, 15th May 2014

Source: www.bbc.co.uk

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The “Anomalous” Fatal Accidents Act – Hardwicke Chambers

Posted May 12th, 2014 in bereavement, compensation, damages, news, restitution, Supreme Court by sally

‘Those are not my words but the view expressed on 2 April by Lord Sumption on the effective over-compensation which can result under the Fatal Accidents Act 1976 (“the FAA”). The other Supreme Court Justices agreed with him. He expressed the view that, “What is clear is that sections 3 and 4 [of the FAA] mark a departure from the ordinary principles of assessment in English law, which can fairly be described as anomalous”. This was in a Supreme Court case which had to decide whether in a foreign accident case to apply German principles of assessment of damages (effectively full compensation) or English law in the form of the FAA: Cox v Ergo Versicherung AG (formerly known as Victoria) [2014] UKSC 22.’

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Hardwicke Chambers, 11th April 2014

Source: www.hardwicke.co.uk

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