Fiddler under the roof – NearlyLegal

Posted April 22nd, 2014 in appeals, damages, housing, injunctions, leases, news by sally

‘A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above.’

Full story

NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

Comments Off

Father wins damages after social worker falsely accused him of abusing daughter – Daily Telegraph

‘A father was arrested and banned from seeing his six-year-old daughter after a social workers falsely accused him of child abuse.’

Full story

Daily Telegraph, 22nd April 2014

Source: www.telegraph.co.uk

Comments Off

Paul Weller wins damages from the Mail Online – BBC News

‘Rock star Paul Weller has won £10,000 damages after pictures of his children were “plastered” on the Mail Online.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

Comments Off

Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

Full story

UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

Comments Off

Woman woke up on operating table as surgeons prepared to remove appendix – Daily Telegraph

Posted April 16th, 2014 in damages, hospitals, medical treatment, news, psychiatric damage by tracey

‘A woman who woke up on the operating table as surgeons prepared to remove her appendix but was unable to scream out, has won damages from the hospital responsible for the anaesthetic error.’

Full story

Daily Telegraph, 15th April 2014

Source: www.telegraph.co.uk

Comments Off

Non-Appealing Cartelists Beware – Competition Bulletin from Blackstone Chambers

Posted April 14th, 2014 in appeals, competition, damages, news, Supreme Court, time limits by sally

‘Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions.’

Full story

Competition Bulletin from Blackstone Chambers, 13th April 2014

Source: www.competitionbulletin.com

Comments Off

Disrepair: La luta continua! – NearlyLegal

Posted April 14th, 2014 in children, costs, damages, fees, landlord & tenant, legal aid, news, rent, repairs by sally

’2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’

Full story

NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

Comments Off

Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

Full story

Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

Comments Off

Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) – Supreme Court

Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) [2014] UKSC 22 (YouTube)

Supreme Court, 2nd April 2014

Source: www.youtube.com/user/UKSupremeCourt

Comments Off

Landmark legal case to rule whether GP exam ‘discriminates’ against Asian and black doctors – The Independent

‘Hundreds of black and Asian doctors have had promising careers “halted” because of racial discrimination in the way GPs are examined, a leading doctor has claimed, before a landmark High Court hearing in which two pillars of the medical establishment will be accused of breaching equality laws.’

Full story

The Independent, 6th April 2014

Source: www.independent.co.uk

Comments Off

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) – Supreme Court

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) [2014] UKSC 21 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Comments Off

Durkin v DSG Retail Ltd and another – WLR Daily

Durkin v DSG Retail Ltd and another [2014] UKSC 21; [2014] WLR (D) 144

A restricted-use credit agreement under section 12(b) of the Consumer Credit Act 1974 which related to a specified supply transaction was conditional upon the substantive survival of that supply transaction, so that a purchaser who rescinded the supply agreement for breach of contract could also rescind the credit agreement.

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

Comments Off

Caterers who refuse to work on same-sex weddings face prosecution – Daily Telegraph

‘Chauffeurs, photographers and caterers could have to pay thousands of pounds in damages if they refuse to provide services to a same-sex wedding.’

Full story

Daily Telegraph, 30th March 2014

Source: www.telegraph.co.uk

Comments Off

Richard Durkin: ‘Mixed feelings’ for the man who fought a £250,000 16-year PC World laptop credit dispute with HFC bank – The Independent

Posted March 27th, 2014 in appeals, banking, consumer credit, damages, duty of care, news, rescission, Supreme Court by tracey

‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’

Full story

The Independent, 26th March 2014

Source: www.independent.co.uk

Comments Off

The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

Full story

Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk

Comments Off

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB); [2014] WLR (D) 141

‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’

WLR Daily, 5th February 2014

Source: www.iclr.co.uk

Comments Off

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) – Supreme Court

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) [2014] UKSC 18

Supreme Court, 12th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Comments Off

Dunhill v Burgin (Nos 1 and 2) – WLR Daily

Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18;  [2014] WLR (D)  122

‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Comments Off

Withers ordered to pay out £1.6m over negligence claim – Legal Futures

Posted March 13th, 2014 in damages, drafting, law firms, negligence, news, solicitors by tracey

‘Leading London law firm Withers has been ordered to pay £1.6m in damages after the High Court upheld a claim of professional negligence over the drafting of an LLP agreement.’

Full story

Legal Futures, 13th March 2014

Source: www.legalfutures.co.uk

Comments Off

APIL granted permission to challenge HMRC policy on mesothelioma victims’ work records – Litigation Futures

‘The High Court is this week hearing a judicial review that claimant lawyers hope will strike down the deeply unpopular policy of HM Revenue & Customs that means it will only release the employment history of a mesothelioma victim to their lawyer with a High Court order.’

Full story

Litigation futures, 12th March 2014

Source: www.litigationfutures.com

Comments Off