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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Construction firms apologise in court over blacklist – The Guardian

Posted May 12th, 2016 in compensation, construction industry, damages, employment, news, trade unions by sally

‘Leading construction firms have formally apologised to hundreds of trade unionists for putting them on an illegal blacklist and denying them work.’

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The Guardian, 11th May 2016

Source: www.guardian.co.uk

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Blacklisted workers win £10m payout from construction firms – The Guardian

‘About £10m will be paid in compensation to more than 250 building workers who were “blacklisted” by some of Britain’s biggest construction firms under a settlement to be announced on Monday.’

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The Guardian, 9th May 2016

Source: www.guardian.co.uk

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APIL 2016: no retreat on personal injury reform, says justice minister – Law Society’s Gazette

Posted May 5th, 2016 in consultations, damages, insurance, news, personal injuries, small claims by tracey

‘Justice minister Lord Faulks today indicated that there will be no retreat on far-reaching and controversial plans to reform the personal injury sector.’

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Law Society’s Gazette, 4th May 2016

Source: www.lawgazette.co.uk

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High Court: no “windfall” in allowing barrister to claim fast-track trial advocacy fee – Litigation Futures

‘Allowing a claimant’s barrister to recover a trial advocacy fee in a fast-track personal injury case, settled on the morning of the hearing, “hardly amounts to a windfall”, a High Court judge has said.’

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Litigation Futures, 3rd May 2016

Source: www.litigationfutures.com

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To notify or not to notify: the impact of contact terms on common law rights to terminate – Hardwicke Chambers

Posted April 27th, 2016 in compensation, construction industry, contracts, damages, news, notification by sally

‘In Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016] EWHC 525 (Comm), Teare J held that the notice requirements contained in the termination provisions of a master supply agreement (the MSA) did not apply to an innocent party’s exercise of its common law right to terminate the agreement by accepting the other party’s repudiatory breach.’

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Hardwicke Chambers, 26th April 2016

Source: www.hardwicke.co.uk

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Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog

‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’

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Zenith PI Blog, 27th April 2016

Source: www.zenithpi.wordpress.com

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Regina (Sino) v Secretary of State for the Home Department – WLR Daily

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

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Claim against MIB does not have protection of QOCS, High Court rules – Litigation Futures

‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.

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Litigation Futures, 26th April 2016

Source: www.litigationfutures.com

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Moorjani v Durban Estates – Tanfield Chambers

Posted April 26th, 2016 in appeals, damages, housing, landlord & tenant, leases, news, repairs by sally

‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’

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Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

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Damages for loss of chance in professional negligence cases – Park Square Barristers

Posted April 26th, 2016 in damages, loss of chance, negligence, news, professional conduct by sally

‘I should make it clear that I am not dealing with loss of a chance in the field of medical negligence. In that regard reference must be made to the complex reasoning in the House of Lords case of Gregg v Scott in 2005. Also, in that regard I commend a reading of the address Lord Neuberger gave to the Professional Negligence Bar Association in 2008. The reference is given in the handout materials and it can be found if you search Westlaw under “Loss of a Chance.”

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Park Square Barristers, 24th March 2016

Source: www.parksquarebarristers.co.uk

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Misuse of your private information – Can You Put A Value On That? – 4 KBW

Posted April 26th, 2016 in appeals, damages, human rights, interception, media, news, privacy, telecommunications by sally

‘The Supreme Court has refused MGN Limited permission to appeal the decision in Representative Claimants -v- Mirror Group Newspapers Ltd [2015] EWCA Civ 1291 – the Court of Appeal’s decision regarding the appropriate level of damages in eight phone-hacking ‘test cases’. This decision itself was an unsuccessful appeal by MGN against the High Court decision in Gulatti & Ors v MGN Limited [2015] EWHC 1482.’

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4 KBW, 8th April 2016

Source: www.4kbw.net

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CA: judge wrong to move hire costs dispute from RTA process to small claims court – Litigation Futures

Posted April 25th, 2016 in appeals, costs, damages, fees, insurance, news, road traffic, small claims by sally

‘A district judge was wrong to move a dispute over hire car costs from stage 3 of the RTA protocol to the small claims court, the Court of Appeal has ruled.’

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Litigation Futures, 22nd April 2016

Source: www.litigationfutures.com

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