Lowdon-v-Jump Zone Leisure UK Limited [2015] EWCA Civ586 – Zenith PI Blog

Posted July 1st, 2015 in appeals, damages, expert witnesses, news, personal injuries by sally

‘This case concerned an appeal against an Order in which the Defendant was to pay the Claimant, Mr Lowdon, the sum of £17,000 by way of general damages for personal injury following injury he suffered as a result of riding on the Defendant’s equipment known as “The Hyper jump”.’
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Zenith PI Blog, 30th June 2015

Source: www.zenithpi.wordpress.com

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Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) – WLR Daily

Posted June 30th, 2015 in accountants, appeals, contracts, damages, duty of care, law reports, loans, negligence by sally

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) [2015] EWCA Civ 629; [2015] WLR (D) 278

‘In a claim resulting from negligent advice the damages were not to be reduced to reflect a repayment to the claimant of debt made pursuant to a refinancing where such transaction, while arising because of the relevant breach of duty, did not arise in the ordinary course of business.’

WLR Daily, 25th June 2015

Source: www.iclr.co.uk

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Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Ronayne v Liverpool Women’s Hospital NHS Foundation Trust – WLR Daily

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263

‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’

WLR Daily, 17th June 0215

Source: www.iclr.co.uk

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IMI plc and another v Delta Ltd (formerly Delta plc) and another – WLR Daily

Posted June 22nd, 2015 in civil justice, contribution, damages, law reports, limitations, time limits by tracey

IMI plc and another v Delta Ltd (formerly Delta plc) and another: [2015] EWHC 1676 (Ch); [2015] WLR (D) 262

‘On the true construction of the final proviso in section 1(4) of the Civil Liability (Contribution) Act 1978 Part 20 the defendants in contribution proceedings were precluded from relying on a limitation defence pleaded against the claimants in the main proceedings.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Architect accused by boss of ‘maternity paranoia’ wins £250k payout – Daily Telegraph

‘Tribunal hears Julie Humphryes felt she was being ‘marginalised by the company’ while she was on maternity leave.’

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Daily Telegraph, 16th June 2015

Source: www.telegraph.co.uk

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Freddie Starr sues over grope claim – BBC News

Posted June 16th, 2015 in damages, defamation, news, public interest by sally

‘Comedian Freddie Starr is claiming damages from a woman who says he groped her when she was 15.’

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BBC News, 15th June 2015

Source: www.bbc.co.uk

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Woman ‘wins £37,000 damages’ after she was strip-searched and left naked by Met police – The Independent

‘A woman, who was forcibly strip-searched by police officers then left naked in a custody cell while cameras broadcast her image, has won £37,000 in damages from the Metropolitan Police, the Guardian has reported.’

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The Independent, 14th June 2015

Source: www.independent.co.uk

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Gynaecologist Rob Jones: Hundreds of women in legal claim – BBC News

Posted June 11th, 2015 in complaints, damages, doctors, news, women by sally

‘Two hundred women treated by a disgraced surgeon have joined a group taking legal action against the Royal Cornwall Hospitals Trust.’

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BBC News, 10th June 2015

Source: www.bbc.co.uk

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Boy wins £120,000 damages for narcolepsy caused by swine flu vaccine – The Guardian

Posted June 11th, 2015 in children, damages, disabled persons, health, news by sally

‘A 12-year-old boy has been awarded £120,000 by a court that agreed he had been left severely disabled by narcolepsy triggered by the swine flu vaccine, following a three-year battle in which the government had claimed that his illness was not serious enough to merit payment.’

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The Guardian, 10th June 2015

Source: www.guardian.co.uk

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Chrissy Chambers: YouTube star launches legal bid against ex-boyfriend who posted sex video online – The Independent

Posted June 4th, 2015 in crime, damages, harassment, news, pornography, privacy by sally

‘An American YouTube star who claims her British ex-boyfriend posted a secret video of them having sex online is launching complex legal bid for damages and criminal prosecution in the UK courts.’

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The Independent, 4th June 2015

Source: www.independent.co.uk

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Gulati v MGN Ltd – WLR Daily

Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232

‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

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Jewish woman wins £16k damages over Shabbat row – Daily Telegraph

Posted June 1st, 2015 in damages, employment, Judaism, news, religious discrimination by michael

‘A Jewish woman has won £16,000 damages from a car rental firm after it rejected her job application because her religion prevents her from working on Saturdays.’

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Daily Telegraph, 29th May 2015

Source: www.telegraph.co.uk

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UK Supreme Court judges show little appetite for extending ‘Fairchild’ exception to other scenarios, says expert – OUT-LAW.com

‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’

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OUT-LAW.com, 26th May 2015

Source: www.out-law.co.com

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Phone hacking: massive privacy damages – UK Human Rights Blog

Posted May 27th, 2015 in compensation, damages, interception, media, news, privacy by sally

‘For some years in the early and mid 2000s, a routine form of news-gathering in the Mirror Group was phone hacking – listening to voicemails left for celebrities by their friends, and then dishing up revelations in their papers. And this judgment amounts to a comprehensive pay-back time for the years of distress and upset sustained by those celebrities, as the ins and outs of their private lives were played out for the Mirror Group’s profit. The damages awarded well exceeded those previously payable, as justified in the tour de force of a judgment by Mann J.’

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UK Human Rights Blog, 22nd May 2015

Source: www.ukhumanrightsblog.com

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Rape victim falsely accused of lying by police wins £20,000 payout – The Guardian

‘A rape victim falsely accused of lying by detectives has won £20,000 in damages after suing police under the Human Rights Act. The woman, who cannot be named, was 17 when a man raped her in Winchester in April 2012 after a night out with friends. Her mother reported the attack hours later and the victim told officers her T-shirt may contain her attacker’s DNA.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

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Phone hacking: Paul Gascoigne wins damages from Mirror Group – BBC News

Posted May 21st, 2015 in appeals, damages, interception, media, news, privacy, telecommunications by sally

‘Former footballer Paul Gascoigne has won £188,250 in phone-hacking damages from Mirror Group Newspapers.’

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BBC News, 21st May 2015

Source: www.bbc.co.uk

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Credit Hire Simplified? – Zenith PI Blog

Posted May 21st, 2015 in appeals, consumer credit, damages, news, rent by sally

‘In cases where the hirer of a car on credit terms is not impecunious, we thought we knew where we stood after Dimond v Lovell [2001] 1AC 384. The Claimant was entitled to recover the ‘spot rate’ or, as the Court of Appeal in Pattni v First Leicester Buses Ltd [2012] RTR 17 insisted, ‘basic hire rate’ or BHR. In Burdis v Livsey [2003] QB 36, three possible ways of calculating the basic hire rate were considered and indeed that consideration was repeated by Aikens LJ in Pattni. Both the Court of Appeal in Burdis and the Court of Appeal in Pattni rejected the mode of calculation of applying a reasonable discount to the credit hire rate charged. That left two methods of calculation. The first, which was not favoured by the Court of Appeal in Burdis, was to break down the charge made by the credit hire company and remove the additional elements from the claim in respect of credit, claim handling and delivery &c. The Court of Appeal in Burdis thought that the cost of working all that out might well be disproportionate. The court in Pattni, however, considered that where the actual credit hire company which had hired the replacement car to the Claimant, disclosed the BHR for that type of car in that area at that time, that might well be the best mode of calculation.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

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Companies House and the £9m typo – OUP Blog

Posted May 19th, 2015 in appeals, company law, damages, disclosure, mistake, news by sally

‘Conducting business through a company provides tremendous benefits. The price to be paid for these benefits is disclosure – companies are required to disclose substantial amounts of information, with much of this information being disclosed to Companies House. Every day, suppliers, creditors, potential investors, credit agencies and other persons utilise information provided by Companies House to make informed commercial decisions. It is therefore vital that when Companies House records this information into the register of companies, that it is recorded accurately, with the recent case of Sebry v Companies House [2015] EWHC 115 (QB) providing a stark example of the disastrous consequences that can occur if information is incorrectly recorded.’

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OUP Blog, 19th May 2015

Source: http://blog.oup.com

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Travellers in legal victory against JD Wetherspoon after delegates denied pub entry – Daily Telegraph

Posted May 19th, 2015 in damages, gipsies, licensed premises, news, racism by sally

‘Lawyers successfully argue that group of 15 people were discriminated against when they were denied entry to The Coronet pub.’

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Daily Telegraph, 18th May 2015

Source: www.telegraph.co.uk

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