CA allows representative action against IP law firm to go ahead – Legal Futures

Posted January 19th, 2024 in appeals, class actions, compensation, intellectual property, law firms, news by sally

‘The Court of Appeal has given the green light to a representative action against IP law firm Marks & Clerk (M&C) that alleges it “grossly overcharged” thousands of small businesses by operating a “secret commissions scheme” with IP management business CPA Global.’

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Legal Futures, 19th January 2024

Source: www.legalfutures.co.uk

Final infected blood inquiry report delayed until May – BBC News

Posted January 18th, 2024 in blood products, compensation, delay, inquiries, news, reports by sally

‘The publication of a final report into the infected blood scandal has been delayed until May.’

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BBC News, 17th January 2024

Source: www.bbc.co.uk

Housing Ombudsman criticises council over four cases of severe maladministration, covering “wide range of responsibilities” – Local Government Lawyer

‘The Housing Ombudsman has criticised Croydon Council after finding severe maladministration in four cases that covered several aspects of the landlord’s responsibilities, including anti-social behaviour, adaptations and mutual exchange.’

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Local Government Lawyer, 16th January 2024

Source: www.localgovernmentlawyer.co.uk

Derby City Council to pay compensation over SEND student delays – BBC News

‘Derby City Council has been ordered to pay thousands in compensation after it took too long to arrange alternative education for a special needs student.’

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BBC News, 14th January 2024

Source: www.bbc.co.uk

Police officer forced to strip down to her underwear wins £800,000 in discrimination case – The Independent

Posted January 11th, 2024 in compensation, employment tribunals, harassment, news, police, sex discrimination by sally

‘A former firearms officer who was forced to strip down to her underwear during training has won over £800,000 in a sex discrimination case against West Midlands Police.’

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The Independent, 10th January 2024

Source: www.independent.co.uk

An end to ‘a reasonable period’? Awaab’s Law – Nearly Legal

‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’

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Nearly Legal, 9th January 2024

Source: nearlylegal.co.uk

Government consults on legal requirements for social landlords to address hazards including damp and mould quickly – and in some cases within 24 hours – Local Government Lawyer

‘The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has launched a consultation on the introduction of strict time limits for social housing providers requiring them to take swift action in addressing dangerous hazards such as damp and mould.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Social worker wins discrimination case over gender critical beliefs – The Guardian

‘A social worker who was suspended after sharing gender critical beliefs online has won her claim against her employer for discrimination.’

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The Guardian, 9th January 2024

Source: www.theguardian.com

Major social landlord to pay nearly £11,000 to residents after failings in damp and leak repairs – Local Government Lawyer

‘The Housing Ombudsman has ordered Clarion Housing Association to pay £10,800 in compensation to tenant households after it made four findings of severe maladministration across three cases.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Post Office scandal could lead to rules change on private prosecutions – The Guardian

‘Rules to prevent companies taking private prosecutions in the way the Post Office went after innocent post office operators are being considered by the government.’

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The Guardian, January 2024

Source: www.theguardian.com

Barrister who caused assistant’s “collapse” must pay £155,000 – Legal Futures

‘A barrister who caused her assistant to suffer a mental and physical “collapse” has been ordered to pay her over £155,000 in compensation by an employment tribunal.’

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Legal Futures, 9th January 2024

Source: www.legalfutures.co.uk

Ministers to meet to discuss Post Office Horizon scandal – BBC News

‘Ministers are to meet to consider possible ways of clearing the names of hundreds of sub-postmasters convicted in the Post Office Horizon scandal.’

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BBC News, 8th January 2024

Source: www.bbc.co.uk

Personal Injury: In the face of uncertainty – 3 Hare Court

Posted January 4th, 2024 in chambers articles, compensation, news, personal injuries by sally

‘In Mathieu v Hinds [2022] EWHC 924, [2022] All ER (D) 66 (Apr) the High Court (Hill J) considered the vexed question of the appropriate method of assessing future loss of earnings where the loss is subject to multiple uncertain contingencies. The case reflects a developing trend of moving away from broad-brush lump-sum ‘Blamire awards’ towards assessment on the more conventional multiplier/multiplicand approach (the multiplier approach).’

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3 Hare Court, 10th November 2023

Source: www.3harecourt.com

A New Cause of Action is Born … On the Beach Ltd & Others v Ryanair UK Limited & Others [2023] EWHC 2694 (Comm) – International & Travel Law Blog

Posted January 3rd, 2024 in airlines, chambers articles, compensation, holidays, news by sally

‘In this action On the Beach Ltd (OTB) and associated companies sought to recover from Ryanair sums for which OTB was liable to its customers pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 (the PTRs).’

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International & Travel Law Blog, 2nd November 2023

Source: internationalandtravellawblog.com

Judge refuses to intervene over barrister who swapped sides – Legal Futures

‘The High Court has refused to intervene in a dispute over the counsel for a claimant having previously been on the record for the defendants.’

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Legal Futures, 3rd January 2024

Source: www.legalfutures.co.uk

Griffiths v TUI: Supreme Court Unanimously Allows Appeal – International & Travel Law Blog

‘The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert evidence. In this post, Peter Hale considers the Supreme Court’s decision to overturn the decision of the majority of the Court of Appeal.’

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International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

The Serious Incident Investigation Report (Root Cause Analysis) is being phased out. Will this benefit patients and what are the implications for clinical negligence litigation? – St John’s Chambers

Posted December 20th, 2023 in chambers articles, compensation, hospitals, negligence, news, personal injuries by sally

‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’

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St John's Chambers, 30th November 2023

Source: www.stjohnschambers.co.uk

Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths – Ropewalk Chambers

‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’

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Ropewalk Chambers, 30th November 2023

Source: ropewalk.co.uk

General Damages for Asbestosis – Ropewalk Chambers

Posted December 20th, 2023 in asbestos, chambers articles, compensation, damages, news, personal injuries by sally

‘An award of damages in an asbestosis claim is reasonably substantial, often in the region of six figures. It is almost always made on a provisional basis, a consequence of which is that, unless the return clauses are activated, special damages are usually lower than general damages. Therefore, the award for general damages is likely to be the main component of the relatively large total award of damages in such claims.’

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Ropewalk Chambers, 9th November 2023

Source: ropewalk.co.uk

Alerter by Tim Green KC & Douglas Maxwell – The fundamental reform of product safety? – Henderson Chambers

Posted December 20th, 2023 in chambers articles, compensation, government departments, health & safety, news by sally

This article provides a concise summary of the significant changes that are being considered to the UK’s product safety regulation over the next 12 months. In August 2023, the Department for Business and Trade (the “DBT”) and the Office for Product Safety and Standards’ (the “OPSS”) published a Consultation on “Smarter regulation: UK product safety review” (the “Consultation”). The Consultation was part of the Government’s “smarter regulation strategy” and broader regulatory reform of product safety. The Ministerial Forward did not shy away from the potential scale of the changes, stating “fundamental reform is necessary”. The relatively short Consultation window closed on 24 October 2023.’

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Henderson Chambers, 3rd November 2023

Source: www.hendersonchambers.co.uk