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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Former Army captain Rachel Webster to sue the Government over Ihat raid – Daily Telegraph

Posted December 15th, 2016 in armed forces, damages, Iraq, news, war, wrongful arrest by tracey

‘A decorated war veteran has made an emotional demand for the government to shut down its “witch hunt” into historic allegations of abuse in Iraq. Rachel Webster, a former captain, announced she was suing the Ministry of Defence over her wrongful arrest by investigators in January 2014.’

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Daily Telegraph, 14th December 2016

Source: www.telegraph.co.uk

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Caps off in court – a nasty surprise for copyright infringers – Technology Law Update

Posted December 14th, 2016 in costs, damages, intellectual property, news by sally

‘The Intellectual Property Enterprise Court, affectionately known as IPEC, is a popular choice for enforcement of intellectual property rights. It offers efficient, tailored procedures and a much more predictable costs regime than standard litigation. Costs awarded to a winning party are normally capped at £50,000 and are often well below this. But a recent decision shows that the costs cap can be disregarded when the rules encouraging early settlement are used. This could offer a major advantage to a claimant, and a nasty surprise for a defendant not willing to engage with settlement discussions.’

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Technology Law Update, 14th December 2016

Source: www.technology-law-blog.co.uk

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Clinical Negligence Appeal – Findings Must be Justified on the Evidence! – Zenith PI Blog

Posted December 9th, 2016 in appeals, cosmetic surgery, damages, negligence, news by sally

‘This was an appeal against an order made by His Honour Judge Davey QC in the Bradford County Court on 05/06/16 where the judge awarded damages in the sum of £14,378.47 to the Claimant/Respondent, Mrs Claire Worrall (C) against the Defendant/Appellant, Dr Antoniadou (D).’

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Zenith PI Blog, 9th December 2016

Source: www.zenithpi.wordpress.com

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Don’t try this at home – Nearly Legal

Posted December 9th, 2016 in appeals, damages, landlord & tenant, news by sally

‘In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977.’

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Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

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APIL legal threat forces Ministry of Justice to announce outcome of 2012 discount rate review – Litigation Futures

Posted December 8th, 2016 in compensation, consultations, damages, legal profession, news, personal injuries by tracey

‘The government is finally set to announce the result of its review of the discount rate for personal injury claims – more than four years since issuing a consultation – in the face of legal action by the Association of Personal Injury Lawyers (APIL).’

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Litigation Futures, 7th December 2016

Source: www.litigationfutres.com

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Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers

Posted December 1st, 2016 in competition, damages, EC law, jurisdiction, news, treaties by sally

‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

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Babar Ahmad: Officers cleared to seek damages from Met Commissioner – BBC News

Posted December 1st, 2016 in assault, damages, London, news, police by sally

‘Four police officers who were “branded abusive thugs” for the way they arrested terror suspect Babar Ahmad have won the right to seek damages.’

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BBC News, 30th November 2016

Source: www.bbc.co.uk

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Afghanistan veteran wins landmark Q fever compensation claim – The Guardian

Posted November 25th, 2016 in Afghanistan, armed forces, damages, news, personal injuries by tracey

‘An Afghanistan war veteran who contracted Q fever has won a landmark compensation claim against the Ministry of Defence that could pave the way for payouts to others.’

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The Guardian, 24th November 2016

Source: www.guardian.co.uk

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“If You Prick Us, Do We Not Bleed?”: The Harassment of Cafcass and Local Authority Workers in Family Law Proceedings – Family Law Week

Posted November 23rd, 2016 in damages, harassment, injunctions, news, social services, violence by tracey

‘Bianca Jackson, barrister of Coram Chambers, sets out the civil remedies available to persons subjected to harassment.’

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Family Law Week, 15th November 2016

Source: www.familylawweek.co.uk

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High Court clarifies the position as regards claiming damages based on an extrapolated sample – OUT-LAW.com

Posted November 21st, 2016 in contracting out, contracts, damages, news, roads, statistics by sally

‘A recent High Court decision will provide helpful guidance to parties that elect to use statistical sampling and extrapolation as a means to demonstrate entitlement to substantial damages.’

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OUT-LAW.com, 21st November 2016

Source: www.out-law.com

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