Clinical Negligence Appeal – Findings Must be Justified on the Evidence! – Zenith PI Blog

Posted December 9th, 2016 in appeals, cosmetic surgery, damages, negligence, news by sally

‘This was an appeal against an order made by His Honour Judge Davey QC in the Bradford County Court on 05/06/16 where the judge awarded damages in the sum of £14,378.47 to the Claimant/Respondent, Mrs Claire Worrall (C) against the Defendant/Appellant, Dr Antoniadou (D).’

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Zenith PI Blog, 9th December 2016

Source: www.zenithpi.wordpress.com

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Don’t try this at home – Nearly Legal

Posted December 9th, 2016 in appeals, damages, landlord & tenant, news by sally

‘In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977.’

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Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

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APIL legal threat forces Ministry of Justice to announce outcome of 2012 discount rate review – Litigation Futures

Posted December 8th, 2016 in compensation, consultations, damages, legal profession, news, personal injuries by tracey

‘The government is finally set to announce the result of its review of the discount rate for personal injury claims – more than four years since issuing a consultation – in the face of legal action by the Association of Personal Injury Lawyers (APIL).’

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Litigation Futures, 7th December 2016

Source: www.litigationfutres.com

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Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers

Posted December 1st, 2016 in competition, damages, EC law, jurisdiction, news, treaties by sally

‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

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Babar Ahmad: Officers cleared to seek damages from Met Commissioner – BBC News

Posted December 1st, 2016 in assault, damages, London, news, police by sally

‘Four police officers who were “branded abusive thugs” for the way they arrested terror suspect Babar Ahmad have won the right to seek damages.’

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BBC News, 30th November 2016

Source: www.bbc.co.uk

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Afghanistan veteran wins landmark Q fever compensation claim – The Guardian

Posted November 25th, 2016 in Afghanistan, armed forces, damages, news, personal injuries by tracey

‘An Afghanistan war veteran who contracted Q fever has won a landmark compensation claim against the Ministry of Defence that could pave the way for payouts to others.’

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The Guardian, 24th November 2016

Source: www.guardian.co.uk

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“If You Prick Us, Do We Not Bleed?”: The Harassment of Cafcass and Local Authority Workers in Family Law Proceedings – Family Law Week

Posted November 23rd, 2016 in damages, harassment, injunctions, news, social services, violence by tracey

‘Bianca Jackson, barrister of Coram Chambers, sets out the civil remedies available to persons subjected to harassment.’

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Family Law Week, 15th November 2016

Source: www.familylawweek.co.uk

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High Court clarifies the position as regards claiming damages based on an extrapolated sample – OUT-LAW.com

Posted November 21st, 2016 in contracting out, contracts, damages, news, roads, statistics by sally

‘A recent High Court decision will provide helpful guidance to parties that elect to use statistical sampling and extrapolation as a means to demonstrate entitlement to substantial damages.’

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OUT-LAW.com, 21st November 2016

Source: www.out-law.com

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Legal Aid Agency rapped over approach to damages payable to ward of court – Local Government Lawyer

Posted November 17th, 2016 in costs, damages, legal aid, local government, news, wardship, young persons by sally

‘A High Court judge has severely criticised the Legal Aid Agency (LAA)’s actions in a case concerning a ward of court to whom a local authority had agreed to pay damages for the unauthorised release of information.’

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Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

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Surveillance Skulduggery? – Zenith PI Blog

Posted November 17th, 2016 in case management, damages, evidence, news, personal injuries by sally

‘In Stewart v Kelly Blake J dealt with an application, made by a Defendant in a personal injury claim, to adduce surveillance evidence. The ex tempore judgment – currently available only in summary form – deals with the principles to be applied in relation to ambushes and surveillance.’

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Zenith PI Blog, 15th November 2016

Source: www.zenithpi.wordpress.com

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High Court rules on s.117 after-care services and personal injury damages – Local Government Lawyer

Posted November 16th, 2016 in damages, local government, news, personal injuries, social services by sally

‘It is not open to a council to refuse to make provision for a person otherwise entitled to after-care services under s.117 of the Mental Health Act 1983 on the basis that the claimant is in receipt of damages for personal injury including for the cost of such care, a High Court judge has ruled.’

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Local Government Lawyer, 14th November 2016

Source: www.localgovernmentlawyer.co.uk

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Solicitor who lost his practice cleared to sue CPS and police for malicious prosecution – Legal Futures

‘The High Court has given the green light to a solicitor to pursue claims against the Crown Prosecution Service (CPS) and South Wales Police (SWP) for malicious prosecution and misfeasance in public office.’

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Legal Futures, 15th November 2016

Source: www.legalfutures.co.uk

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Businessman wins payout after police wrongly brand him a paedophile – Daily Telegraph

Posted November 14th, 2016 in damages, indecent photographs of children, malicious prosecution, news, police by tracey

‘An innocent businessman wrongly branded a paedophile when child abuse images were found on his laptop has won a damages payout from police after it emerged a virus was to blame.’

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Daily Telegraph, 14th November 2016

Source: www.telegraph.co.uk

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CA ruling on fixed fees to have ‘substantial’ effect – Law Society’s Gazette

Posted November 14th, 2016 in civil procedure rules, costs, damages, fees, insurance, news, personal injuries by tracey

‘The Court of Appeal delivered some good news to claimants last week with a ruling on the level of fees that apply to cases listed for disposal, in a decision that Lord Justice Briggs said would have a “substantial” cumulative effect.’

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Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

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Paralysed teenager wins £3m legal battle with implications for every horse owner – The Independent

Posted November 14th, 2016 in damages, horses, news, personal injuries, young persons by tracey

‘A teenager has won a £3m legal battle against her ex-boyfriend’s family after she fell off a “badly trained” horse and broke her back.’

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The Independent, 12th November 2016

Source: www.independent.co.uk

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Exemplary Damages in the Tort of Deceit – Park Square Barristers

Posted November 9th, 2016 in civil procedure rules, costs, damages, deceit, fraud, insurance, news by sally

‘On the 1st November 2016 at Manchester County Court Toby Coupe, instructed by Toby Evans (Partner, Keoghs LLP) and Richard Harvey (Senior Claims Handler, Zurich Insurance PLC) to act on behalf of Zurich Insurance PLC (‘Zurich’), obtained an order that the Claimants and the Second Defendant do pay Zurich £5,000 in exemplary damages and £16,844.04 in indemnity costs, such costs to be enforceable to the full extent of the Order pursuant to CPR 44.16 (1), on the basis that the claims had been found to be fundamentally dishonest.’

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Park Square Barristers, 2nd November 2016

Source: www.parksquarebarristers.co.uk

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McGill v Sports and Entertainment Media Group and others – WLR Daily

Posted November 8th, 2016 in agency, appeals, contracts, damages, law reports, sport by sally

McGill v Sports and Entertainment Media Group and others [2016] EWCA Civ 1063

‘The claimant, a licensed football agent, brought proceedings against a football player seeking damages for breach of contract, claiming that he had negotiated a transfer deal for the player under an oral contract, but that another agent, having induced the player to breach his contract with the claimant, had made the deal with the new club itself and received the fee of £300,000, thereby depriving the claimant of his fee for the work which he had done. The claim was settled in 2009 with payment of £50,000 to the claimant in full and final settlement. In 2012 the claimant brought an action against the first to fourth defendants, being the agent which had allegedly induced the breach of contract and three individuals associated with it, and the fifth to ninth defendants, being the club to which the player had transferred and four individuals associated with it. The claim was for, inter alia, the torts of inducing a breach of contract, breach of confidence and unlawful means conspiracy. The judge found that all the ingredients of the causes of action for inducement of breach of contract and unlawful means conspiracy were made out apart from causation and loss, and dismissed all the claims.’

WLR Daily, 12th October 2016

Source: www.iclr.co.uk

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Tribunal starts hearing competition law action brought against Law Society – Legal Futures

‘The Competition Appeal Tribunal will today begin hearing a training provider’s claim that the Law Society acted anti-competitively by requiring law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation.’

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Legal Futures, 8th November 2016

Source: www.legalfutures.co.uk

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Celebrity injunction: Sun on Sunday publisher makes payment – BBC News

Posted November 7th, 2016 in damages, injunctions, media, news by sally

‘The publisher of the Sun on Sunday has agreed to make a payment to a celebrity who won the right to keep his name out of a “kiss and tell” story.’

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BBC News, 4th November 2016

Source: www.bbc.co.uk

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One direction – New Law Journal

Posted October 31st, 2016 in costs, damages, news, part 36 offers, personal injuries by sally

‘Kerry Underwood examines qualified one-way costs shifting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

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