Government faces judicial review challenge over contaminated blood payments – Local Government Lawyer

Posted February 20th, 2017 in blood products, damages, health, HIV, judicial review, news by sally

‘The Government is being taken to judicial review over alleged discrimination in its payment scheme for people living with HIV and the Hepatitis C virus.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

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Family judge condemns 2,000-page bundle – Law Society’s Gazette

‘A family judge has expressed his disapproval at the ‘unwarranted expenditure’ in a case where a local authority breached Article 8 rights under the European Convention on Human Rights by taking an infant into care.’

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Law Society’s Gazette, 17th February 2017

Source: www.lawgazette.co.uk

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Daniel Morgan murder: three men lose case against ‘malicious’ police – The Guardian

‘Three men charged with the 1987 murder of the private detective Daniel Morgan have lost their case that police maliciously tried to get them convicted. A fourth man has won part of his claim for damages.’

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The Guardian, 17th February 2017

Source: www.guardian.co.uk

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Stephen Lawrence killer David Norris to sue government – BBC News

Posted February 20th, 2017 in assault, damages, Ministry of Justice, news, prisons by sally

‘One of the men who murdered Stephen Lawrence is attempting to sue the government after he was attacked in jail while awaiting trial.’

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BBC News, 19th February 2017

Source: www.bbc.co.uk

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Judy Dawson discusses another case involving incorrect Court fees paid and whether this gifts the Defendant a limitation defence – Park Square Barristers

Posted February 17th, 2017 in damages, fees, limitations, news by sally

‘In January 2016 I discussed the case of Lewis v Ward Hadaway [2015] EWCA 3503 (Ch) and the possible avenues for Defendants to counter a practice which was at least perceived to be increasing of Claimant solicitors issuing Claim Forms for values below the actual value of the claim, in order to delay the payment of higher Court Fees.’

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Park Square Barristers, 13th January 2017

Source: www.parksquarebarristers.co.uk

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Asbestos: Breach, Causation and Damages, David Kearns v Delta Steeplejacks Limited [2017] EWHC 149 (QB) – Zenith PI Blog

Posted February 15th, 2017 in apportionment, asbestos, causation, damages, news, personal injuries by sally

‘Where an apportionment for exposure to asbestos was carried out using a time based apportionment as opposed to a dose based apportionment.’

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Zenith PI Blog, 15th February 2017

Source: www.zenithpi.wordpress.com

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Jane Collins defamation case: Labour Rotherham MPs awarded £54,000 – BBC News

Posted February 7th, 2017 in costs, damages, defamation, news, parliament, political parties, speeches by sally

‘Three Labour MPs have each won £54,000 High Court defamation damages from UKIP MEP Jane Collins over remarks she made about Rotherham’s child abuse scandal.’

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BBC News, 6th February 2017

Source: www.bbc.co.uk

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Special Damages: Discount for Gratuitous Care; Dog Walking; Carers’ “Perks”; and Care Requirements on Ageing – Mehmetemin v Farrell – Zenith PI Blog

Posted February 7th, 2017 in damages, news, personal injuries by sally

‘On 27.1.17 Sir Robert Nelson, in the High Court, gave judgment in Sandra Mehmetemin v Craig Farrell [2017] EWCH 103 QB, after the four-day hearing of a claim for damages for serious personal injuries arising out of a serious road traffic accident on 14.12.09, including a substantial care claim.’

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Zenith PI Blog, 6th February 2017

Source: www.zenithpi.wordpress.com

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Oxford University to face £1m landmark trial brought by student who failed to get a first – The Independent

Posted January 23rd, 2017 in damages, economic loss, news, universities by sally

‘The University of Oxford is to face a landmark trial following a £1m compensation claim filed by a former student after he failed to graduate with a first-class degree.’

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The Independent, 23rd January 2017

Source: www.independent.co.uk

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To be able or not to be able : Capacity issues in personal injury litigation part 1 – Zenith PI Blog

‘This article is the first in a series of 2, dealing with the question of capacity in PI litigation particularly, and civil proceedings generally.’

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Zenith PI Blog, 18th January 2017

Source: www.zenithpi.wordpress.com

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Judges set to rule on Taliban bomb maker suing UK government – Daily Telegraph

‘The Supreme Court is expected this week to make it more difficult for former Taliban fighters to sue the Government over their detention in Afghanistan.’

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Daily Telegraph, 14th January 2017

Source: www.telegraph.co.uk

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Court orders exemplary damages in fundamental dishonesty case – Litigation Futures

Posted January 11th, 2017 in accidents, costs, damages, fraud, insurance, judges, news, road traffic by sally

‘A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims.’

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Litigation Futures, 10th January 2017

Source: www.litigationfutures.com

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Government forecast on impact of PI reforms “skewed against lawyers”, say economists – Legal Futures

‘The government’s own assessment of the impact of its planned personal injury reforms “makes the implicit assumption that solicitors, and the civil justice system as a whole, produce no benefits to society”, according to independent economists.’

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Legal Futures, 9th January 2017

Source: www.legalfutures.co.uk

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Future loss of earnings (Ogden vs Smith v Manchester approach), loss of congenial employment, material contribution test: A review of the decision in Kennedy v London Ambulance Service NHS Trust [2016] EWHC 3145 (QB) – Zenith PI Blog

Posted January 6th, 2017 in damages, news, personal injuries, post-traumatic stress disorder by tracey

‘This was a case of carbon monoxide poisoning. Liability was admitted; the matter was listed for an assessment of damages hearing. The interesting part of the decision is yet another example of the need not to focus too rigidly on the Ogden tables (multiplier/multiplicand) approach. It also provides a useful review of the case law concerning the material contribution test.’

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Zenith PI Blog, 6th January 2017

Source: www.zenithpi.wordpress.com

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Judge lambasts council and police for flaws in investigation and care case – Local Government Lawyer

Posted January 5th, 2017 in care orders, damages, human rights, news, police, social services by tracey

‘A High Court judge has strongly criticised a council and a police force for serious breaches of the Human Rights Act, after two children were retained in care despite their mother not being charged with an offence following her arrest.’

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Local Government Lawyer, 4th January 2017

Source: www.localgovernmentlawyer.co.uk

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Police and council pay damages to children kept in care too long – BBC News

Posted December 21st, 2016 in children, damages, families, fostering, local government, news, police by tracey

‘Two children who were kept in care for too long have been awarded damages from a police force and council.’

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BBC News, 21st December 2016

Source: www.bbc.co.uk

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Time to comply – New Law Journal

Posted December 20th, 2016 in case management, civil procedure rules, damages, delay, news by sally

‘Julia Messervy-Whiting & Sofia Lobosco outline the importance of compliance with court orders, directions and CPR.’

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New Law Journal, 19th December 2016

Source: www.newlawjournal.co.uk

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Bringing defamation case may have done company more harm than good, says expert – OUT-LAW.com

Posted December 20th, 2016 in airlines, damages, defamation, news by sally

‘An aircraft charter company has recorded a “pyrrhic victory” in winning £10 in damages for defamatory comments made about the health of its finances by a rival aviation business, an expert has said.’

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OUT-LAW.com, 19th December 2016

Source: www.out-law.com

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Application for Permission to Bring Contempt Proceedings: A Useful Illustration (Aviva IInsurance Ltd V Randive) – Zenith PI Blog

Posted December 19th, 2016 in contempt of court, costs, damages, news, personal injuries, road traffic by sally

‘In Aviva Insurance Ltd v Randive [2016] EWHC 3152 (QB). Slade J dealt with the Applicant’s application for permission to bring contempt proceedings against the Respondent. No new points of principle arise, but Slade J’s recitation of the existing principles and treatment of the issues in the case is a useful indication of how common RTA issues are treated in contempt proceedings.’

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Zenith PI Blog, 15th December 2016

Source: www.zenithpi.wordpress.com

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Transgender teen who cut parents out of his life wins payout after council let slip his new identity – Daily Telegraph

Posted December 19th, 2016 in damages, families, gender, human rights, mental health, news, transsexuals by sally

‘A transgender teenager who used human rights law to cut his parents out of his life has won thousands of pounds in compensation after a council official let slip his new identity.’

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Daily Telegraph, 18th December 2016

Source: www.telegraph.co.uk

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