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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A bolt out of the blue – another winning strike for delayed flight claimants – No. 5 Chambers

Posted March 22nd, 2016 in airlines, appeals, compensation, delay, news, regulations by sally

‘In January, there was yet another twist in the plot of the ever-developing law regarding delayed flights. This time it came from Her Honour Judge Melissa Clarke, sitting at Luton County Court, in the matter of Evans v Monarch Airlines.’

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No. 5 Chambers, 16th March 2016

Source: www.no5.com

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NHS blood contamination victims hit out at ‘reforms’ which cost them up to £7,000 a year – The Independent

Posted March 21st, 2016 in blood products, compensation, consultations, health, HIV, medical treatment, news, victims by tracey

‘Victims of the worst contaminated blood scandal in the NHS’s history say they have been betrayed by the Government after plans were revealed to reduce their annual payouts. About 5,000 people – many of them haemophiliacs – who were infected with HIV, hepatitis C or both after receiving infected blood in the 1970s and 1980s, have been sent letters from the Department of Health asking for their views on “reforms” that will leave them up to £7,000 a year worse off.’

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The Independent, 21st March 2016

Source: www.independent.co.uk

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Nuisance calls by ‘ambulance chasers’ soar despite attempts at crackdown – Daily Telegraph

‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’

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Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

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Violent Colombian criminal entitled to compensation for unlawful detention – Daily Telegraph

Posted March 18th, 2016 in assault, blackmail, compensation, deportation, detention, kidnapping, news by tracey

‘A Colombian national certified as a danger to the public and convicted of crimes including blackmail, kidnapping and assault causing bodily harm is entitled to general damages for unlawful detention, the Court of Appeal has confirmed.
But appeal judges reduced the period for which Isaias Gaviria-Manrique is entitled to an award.’

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Daily Telegraph, 17th March 2016

Source: www.telegraph.co.uk

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Boys brought up on tough council estate win right to sue local council over harassment that ruined their lives – Daily Telegraph

‘Two children who say they suffered “harassment and worse” whilst being brought up on a tough council estate have won the right to sue for massive compensation.’

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Daily Telegraph, 16th March 2016

Source: www.telegraph.co.uk

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Serial killer Joanne Dennehy demands compensation for solitary confinement – Daily Telegraph

‘Lawyers are using the European Convention on Human Rights in support of the triple murderer.’

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Daily Telegraph, 13th March 2016

Source: www.telegraph.co.uk

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Parents of murdered schoolboy receive pay-out from blundering police force – Daily Telegraph

‘Surrey Police issue unreserved apology and pay substantial damages after admitting failings in the case of Breck Bednar, the 14-year-old schoolboy who was groomed online and then murdered by sadistic killer Lewis Daynes.’

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Daily Telegraph, 13th March 2016

Source: www.telegraph.co.uk

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Remove pictures of banned boozers or face five-figure payout under Data Protection Act, landlords warned – Daily Telegraph

Posted March 14th, 2016 in compensation, data protection, human rights, news by sally

‘The human rights of banned drinkers may be breached if customers see their mugshots.’

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Daily Telegraph, 13th March 2016

Source: www.telegraph.co.uk

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Changes to compensation for nuclear incidents published by UK government – OUT-LAW.com

Posted March 9th, 2016 in accidents, compensation, news, nuclear power, treaties by tracey

‘Changes to the rules governing compensation for nuclear incidents will increase the amounts payable, as well as expand the categories of damage for which compensation may be claimed.’

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OUT-LAW.com, 8th March 2016

Source: www.out-law.com

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British Airways pays pilot Simon Wood Africa abuse victims – BBC News

Posted March 4th, 2016 in airlines, child abuse, compensation, news, sexual offences by tracey

‘British Airways has agreed to pay an undisclosed amount of money to children who were sexually abused by one of its pilots in East Africa.’

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BBC News, 4th March 2016

Source: www.bbc.co.uk

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