EastEnders star Steve McFadden settles News of the World damages claim – The Guardian

Posted September 16th, 2014 in corruption, costs, damages, interception, media, news, police, telecommunications by tracey

‘Steve McFadden, the actor who plays Phil Mitchell in EastEnders, has settled his damages claim against the News of the World and the police over hacking and leaks about his private life to the paper.’

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The Guardian, 16th September 2014

Source: www.guardian.co.uk

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Cadet paralysed in fatal skydiving accident sues MoD for £300,000 – Daily Telegraph

Posted September 15th, 2014 in accidents, armed forces, damages, disabled persons, inquests, news, personal injuries by tracey

‘ An Army cadet partly paralysed during a skydiving jump which killed a comrade is suing the Ministry of Defence for more than £300,000. Tim Herlihy, 24, of Stourbridge, was left with incomplete paraplegia after suffering injuries including six burst vertebrae during the accident in 2011 when he collided in mid air with another cadet.’

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Daily Telegraph, 12th September 2014

Source: www.telegraph.co.uk

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Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Deceased’s Sudden Death During Stillborn Birth: Clinical Quantification? – Zenith PI Blog

Posted September 10th, 2014 in bereavement, birth, compensation, damages, medical treatment, midwives, negligence, news by sally

‘In a case reported on Lawtel yesterday, the Claimant mother and sister received £160,000 in an out of court settlement following the sudden death of the deceased (‘X’) during the delivery of her stillborn baby in December 2010. The Claimants suffered a traumatic bereavement resulting in post-traumatic stress disorder. The settlement included a dependency claim for the deceased’s son.’

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Zenith PI Blog, 9th September 2014

Source: www.zenithpi.wordpress.com

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The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 – NIPC Law

Posted September 8th, 2014 in bills, copyright, damages, intellectual property, news, patents, trade marks by sally

‘On 14 May 2014 the Intellectual Property Bill received royal assent. The Act made some far reaching changes in patents, registered design and unregistered design right law which I summarized in “Reflections on the Intellectual Property Act 2014″ 7 June 2014 4-5 IP Tech and discussed in detail in “How the Intellectual Property Act 2014 changes British Patent Law” 21 June 2014 JD Supra, “How the Intellectual Property Act 2014 changes British Registered Design Law” 19 June 2014 JD Supra and “How the Intellectual Property Act 2014 will change British Unregistered Design Right Law” 11 June 2014 JD Supra 11 June 2014. On 28 Aug 2014 Lady Neville-Rolfe, Minister for Intellectual Property, signed The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 which will bring many of the provisions of the Act into force.’

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NIPC Law, 6th September 2014

Source: www.nipclaw.blogspot.co.uk

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Should you ever sue your boss for discrimination? – Daily Telegraph

‘Former police officer Carol Howard has won £37,000 from the Met, after two years fighting her case against racial and gender discrimination. A victory, yes, but hard won. So is it ever worth suing your boss? Radhika Sanghani asks the legal experts.’

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Daily Telegraph, 4th September 2014

Source: www.telegraph.co.uk

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Proving and Disproving Discrimination – Cloisters

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

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Cloisters, 29th August 2014

Source: www.cloisters.com

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IRHPs Mis-selling Claims Update: Consequential Losses – No. 5 Chambers

Posted September 3rd, 2014 in banking, damages, insolvency, interest, news by sally

‘In May 2013 nine banks (“the Banks”) agreed to review their sales to unsophisticated customers in accordance with terms of references agreed with the FCA. At the end of June 2014 the FCA reported that all participating banks had completed their sales reviews in relation to customers who joined the Review before March 2014. By the end of June 2014 the Banks had sent out 16,000 redress letters, 13,500 of which included a cash redress offer and with the balance of 2,500 confirming that the sale had been compliant with the (then) FSA rules or that the customer had suffered no loss. By the end of June 2014 8,000 customers had accepted their redress offers, and the Banks had paid out £1.2 billion.’

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No. 5 Chambers, 19th August 2014

Source: www.no5.com

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Parents who lose objectivity – Education Law Blog

Posted September 1st, 2014 in anonymity, bullying, contracts, damages, fees, media, news, public interest, racism, school children by sally

‘It is not often that private law disputes between schools and parents are pursued to trial and judgment in the High Court, but St Christopher School (Letchworth) Ltd v Schymanski and Rao [2014] EWHC 2573 (QB) is one of those cases.’

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Education Law Blog, 28th August 2014

Source: www.education11kbw.com

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Rotherham sex abuse scandal: Victims seeking millions in compensation – Daily Telegraph

‘Victims of child sex exploitation in Rotherham launch a class action against the local council and police for failings that allowed years of abuse.’

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Daily Telegraph, 27th August 2014

Source: www.telegraph.co.uk

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APIL anger over discount rate delay – Litigtion Futures

Posted August 26th, 2014 in damages, delay, Ministry of Justice, news, personal injuries by tracey

‘The Association of Personal Injury Lawyers (APIL) has reacted angrily to confirmation from the Ministry of Justice (MoJ) of a further delay to the review of the discount rate for personal injury cases.’

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Litigtation Futures, 26th August 2014

Source: www.litigationfutures.com

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Claimant lawyers hit back over “cynical” part 36 offers – Litigation Futures

‘The Forum of Complex Injury Lawyers (FOCIS) has hit back after a report for the Civil Procedure Rule Committee (CPRC) recommended that part 36 should be reformed, partly to discourage claimant lawyers from making “cynical” offers.’

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Litigation Futures, 20th August 2014

Source: www.litigationfutures.com

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UK taxpayer faces £220m bill over e-borders contract termination – The Guardian

Posted August 19th, 2014 in contracts, damages, government departments, news, tribunals by tracey

‘The taxpayer has been left to foot a £220m bill after a tribunal ruled that a government contract awarded to a US defence firm to deliver the e-borders programme was unlawfully terminated.’

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The Guardian, 19th August 2014

Source: www.guardian.co.uk

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Damages for disrepair – Long leasehold properties – Hardwicke Chambers

Posted August 7th, 2014 in compensation, damages, housing, leases, news, repairs by sally

‘A leaseholder with a leaking roof or defective shared heating system faces two questions: Who is responsible for undertaking the necessary repairs to the building and internal repairs to their property and how will it be paid for?’

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Hardwicke Chambers, 4th July 2014

Source: www.hardwicke.co.uk

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Nominal damages for ‘negligent’ yacht advice – Law Society’s Gazette

Posted August 6th, 2014 in contracts, damages, guarantees, law firms, negligence, news, sale of goods by sally

‘A leading firm has avoided paying out significant damages despite admitting negligence when it gave advice on the purchase of a £3.6m yacht.’

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Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

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Ifejika v Ifejika – another case about design rights and contact lenses – NIPC Law

Posted August 4th, 2014 in appeals, damages, intellectual property, news by sally

‘In Ifejika v Ifejika and another [2011] EWPCC 31 (23 Nov 2011) His Honour Judge Birss QC (as he then was) ordered among other things an inquiry (or alternatively, by implication, an account) in relation to a lens care product the design rights in which he held to have been infringed by the claimant’s brother by of a competing product. The claimant elected an account of profits and this came on before HH Judge Hacon on 17 June 2014 (Ifejika v Ifejika and another [2014] EWHC 2625 (IPEC) (31 July 2014)).’

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NIPC Law, 3rd August 2014

Source: www.nipclaw.blogspot.co.uk

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Solicitor was ‘employee’ and not partner, High Court rules – Law Society’s Gazette

‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’

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Law Society’s Gazette, 1st August 2014

Source: www.lawgazette.co.uk

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Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

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HRA damages awarded in date rape cases – UK Human Rights Blog

Posted July 28th, 2014 in damages, human rights, news, police, rape, sexual offences by sally

‘This is an important summary of the principles applicable to HR damages, particularly in circumstances where there have been other payments already made arguably in respect of the acts in question. So it should be first port of call if you have an HR damages problem, not least because it gathers all the learning together.’

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UK Human Rights Blog, 27th July 2014

Source: www.ukhumanrightsblog.com

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Joanna Michael family in Supreme Court in negligence fight – BBC News

‘The family of a mother-of-two stabbed to death will take its negligence claim against two police forces to the Supreme Court.’

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BBC News, 28th July 2014

Source: www.bbc.co.uk

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