First opt-out collective action lodged with Competition Appeal Tribunal – OUT-LAW.com

Posted June 27th, 2016 in appeals, class actions, competition, consumer protection, damages, news, tribunals by sally

‘The first opt-out collective action seeking damages for breaches of competition law has been lodged with the Competition Appeal Tribunal (CAT), following changes to the law in October 2015.’

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OUT-LAW.com, 27th June 2016

Source: www.out-law.com

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Mattress foam cartel claim not suitable for fast-track damages procedure, CAT rules – OUT-LAW.com

Posted June 21st, 2016 in competition, damages, news, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has refused an application by six English mattress makers to use its new fast-track procedure (FTP) to claim damages for anti-competitive behaviour, given the complexity of the underlying issues.’

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OUT-LAW.com, 20th June 2016

Source: www.out-law.com

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George Galloway pays damages to former aide over dirty tricks claims – The Guardian

Posted June 21st, 2016 in damages, defamation, news, parliament by sally

‘The former MP George Galloway has issued a court apology and agreed to pay damages to his former assistant Aisha Ali-Khan over claims that she helped her former police officer husband run a dirty tricks operation against him and his Respect party.’

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The Guardian, 20th June 2016

Source: www.guardian.co.uk

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Crazy little thing called proportionality causes hammer to fall on Queen guitarist’s costs – Litigation Futures

‘Lawyers should tell clients in cases where costs significantly exceed damages that the new test of proportionality means they will receive “no more than a contribution” to those costs if they are successful, a costs judge has said.’

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Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

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Airlines criticised over payouts for damaged wheelchairs – The Guardian

Posted June 14th, 2016 in airlines, compensation, damages, disabled persons, equality, news by sally

‘Britain’s equality watchdog has criticised British airlines and British Airways (BA) in particular – for their treatment of disabled customers as legal action is taken by an actor over alleged damage to her wheelchair.’

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The Guardian. 13th June 2016

Source: www.guardian.co.uk

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From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

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Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

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Post-Jackson proportionality rule can prevent full recovery of ‘reasonable’ costs, says senior judge – OUT-LAW.com

Posted June 8th, 2016 in civil procedure rules, costs, damages, fees, news, privacy, proportionality by sally

‘The new rules limiting the recovery of the costs of civil court action to a “proportionate” amount may prevent successful parties from recovering costs that would otherwise have been reasonable, a senior costs judge has confirmed.’

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OUT-LAW.com, 7th June 2016

Source: www.out-law.com

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Rights to Light: The Assessment of Damages in Lieu of an Injunction – Tanfield Chambers

Posted June 2nd, 2016 in damages, easements, injunctions, news by sally

‘An easement is appurtenant to land and not a personal right of the owner. As such, the easement can be exercised by anyone who is entitled to use the land and it can be enforced by anyone in possession of the land.’

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Tanfield Chambers, 31st May 2016

Source: www.tanfieldchambers.co.uk

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Whiplash: George Osborne’s Modest Proposal – Cloisters

Posted June 2nd, 2016 in compensation, consultations, damages, fraud, insurance, news, personal injuries by sally

‘In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation”.[1] The proposal will remove the right of individuals to claim ‘general damages’ for minor whiplash injuries, compensation for injury, pain and suffering. However, the victims of such injury will still have the right to claim compensation for financial losses such as the costs of medical treatment or loss of earnings.’

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Cloisters, 24th May 2016

Source: www.cloisters.com

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Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted June 2nd, 2016 in compensation, damages, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after the issue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014/2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 24th May 2016

Source: www.byromstreet.com

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Successful challenge to OFSTED nursery inspection – Education Blog

‘There is a rare example of a successful challenge to an OFSTED nursery inspection in R ota Old Co-operative Day Nursery Ltd v OFSTED [2016] EWHC 1126, handed down last week, which can be found here.’

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Education Blog, 1st June 2016

Source: www.education11kbw.com

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High Court strikes down unfair decision in DFT of vulnerable victim of torture – Free Movement

Posted May 27th, 2016 in asylum, damages, detention, false imprisonment, news, torture by tracey

‘In the first judgment of its kind since the suspension of the Detained Fast Track on 2 July 2015, the High Court struck down the Home Secretary’s refusal and certification of an asylum claim which was made in the structurally unfair and unjust Detained Fast Track (DFT) and ordered the Home Secretary to remake the decision afresh without regard to material obtained in the unfair process. The case is R (on the application of Zafar) v The Secretary of State for the Home Department [2016] EWHC 1217 (Admin).’

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Free Movement, 25th May 2016

Source: www.freemovement.org.uk

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If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

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Bereavement damages: Unmarried Chorley woman’s legal fight – BBC News

‘A woman is taking the government to court for breaching her human rights in denying her bereavement damages after her partner died.’

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BBC News, 22nd May 2016

Source: www.bbc.co.uk

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High Court rejects defendant’s bid to withdraw admission of liability – Litigation Futures

‘A defendant cannot withdraw an admission of liability because the value of a claim has increased, the High Court has ruled.’

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Litigation Futures, 19th May 2016

Source: www.litigationfutures.com

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Council to pay £17,500 damages to 14 year old for human rights breaches – Local Government Lawyer

‘A High Court judge has ordered a county council to pay £17,500 in damages to a 14-year-old girl in care for breaches of her human rights.’

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Local Government Lawyer, 17th May 2016

Source: www.localgovernmentlawyer.co.uk

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NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

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Bank Mellat’s $4bn claim: CA rules out one element, but the rest to play for – UK Human Rights Blog

Posted May 12th, 2016 in appeals, banking, damages, human rights, news, terrorism by sally

‘Bank Mellat’s challenge to the Treasury’s direction under the Counter-Terrorism Act 2008 has been before the courts on a number of occasions. In 2009, the Treasury had concluded that the Bank had connections with Iran’s nuclear and ballistic missile programme. In 2013, the Supreme Court quashed the direction, which had stopped any institution in London from dealing with the Bank.’

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UK Human Rights Blog, 11th May 2016

Source: www.ukhumanrightsblog.com

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Ministry of Defence faces legal claims over malaria drug – BBC News

‘A group of military personnel are seeking damages from the Ministry of Defence over an anti-malarial drug they say has caused mental health problems.’

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BBC News, 11th May 2016

Source: www.bbc.co.uk

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