O’Brien v Shorrock and another – WLR Daily

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

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This judgment could shake up how personal injury solicitors operate – The Guardian

‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’

Full story

The Guardian, 21st August 2015

Source: www.guardian.co.uk

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Billet v Ministry of Defence– Ogden Tables Revisited – Zenith PI Blog

‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’

Full story

Zenith PI Blog, 31st July 2015

Source: www.zenithpi.wordpress.com

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British forces illegally detained Afghan suspect, court of appeal rules – The Guardian

‘An Afghan suspect was detained illegally by British forces for almost four months and denied access to a lawyer, the court of appeal has ruled. Serdar Mohammed, who was captured by UK soldiers in April 2010, was not handed over to the Afghan security services until July that year, despite regulations requiring any transfer to take place within 96 hours. Mohammed, who was eventually released earlier this year to return to his home in Helmand province, claimed that the Afghan authorities tortured him.’

Full story

The Guardian, 30th July 2015

Source: www.guardian.co.uk

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Judge orders damages and not award of contract after flawed tender – Local Government Lawyer

Posted July 30th, 2015 in contracts, damages, local government, news, tenders by sally

‘A High Court judge has decided that a council which ran a “fundamentally flawed” tender evaluation process should be required to pay the claimant damages rather award it the contract.’

Full story

Local Government Lawyer, 28th July 2015

Source: www.localgovernmentlawyer.co.uk

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Neighbours from hell: Damages for residual diminution in value – New Square Chambers

Posted July 28th, 2015 in appeals, damages, harassment, news, nuisance, trespass, valuation by sally

‘The recent decision of the Court of Appeal in Raymond v Young [2015] EWCA Civ 456 concerned the principles to be applied when considering what damages to award to property owners who were the victims of shocking harassment, trespass and nuisance conducted by their neighbours over a period of several years.’

Full story

New Square Chambers, 26th May 2015

Source: www.newsquarechambers.co.uk

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Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

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Max Clifford fails to block Paul Burrell privacy claim – BBC News

Posted July 15th, 2015 in damages, news, privacy, time limits by tracey

‘Former celebrity publicist Max Clifford has failed to block a damages claim brought against him by ex-royal butler Paul Burrell at London’s High Court.’

Full story

BBC News, 14th July 2015

Source: www.bbc.co.uk

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Court of Appeal backs secret hearings as Government faces IRA and Iran cases – The Independent

Posted July 15th, 2015 in appeals, closed material, damages, human rights, Iran, Ireland, negligence, news by tracey

‘The Court of Appeal has cleared the way for the Government to apply for controversial secret court hearings as it faces being sued for damages by an IRA informant and Iranians subjected to asset freezing orders.’

Full story

The Independent, 14th July 2015

Source: www.independent.co.uk

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Michael Barrymore suing police for arrest following Stuart Lubbock death – The Guardian

Posted July 8th, 2015 in assault, damages, homicide, news, police, sexual offences by sally

‘Michael Barrymore is suing Essex police for arresting him after the incident in which a man was found dead in his swimming pool following a party.’

Full story

The Guardian, 7th July 2015

Source: www.guardian.co.uk

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Lowdon-v-Jump Zone Leisure UK Limited [2015] EWCA Civ586 – Zenith PI Blog

Posted July 1st, 2015 in appeals, damages, expert witnesses, news, personal injuries by sally

‘This case concerned an appeal against an Order in which the Defendant was to pay the Claimant, Mr Lowdon, the sum of £17,000 by way of general damages for personal injury following injury he suffered as a result of riding on the Defendant’s equipment known as “The Hyper jump”.’
Full story

Zenith PI Blog, 30th June 2015

Source: www.zenithpi.wordpress.com

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Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) – WLR Daily

Posted June 30th, 2015 in accountants, appeals, contracts, damages, duty of care, law reports, loans, negligence by sally

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) [2015] EWCA Civ 629; [2015] WLR (D) 278

‘In a claim resulting from negligent advice the damages were not to be reduced to reflect a repayment to the claimant of debt made pursuant to a refinancing where such transaction, while arising because of the relevant breach of duty, did not arise in the ordinary course of business.’

WLR Daily, 25th June 2015

Source: www.iclr.co.uk

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Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Ronayne v Liverpool Women’s Hospital NHS Foundation Trust – WLR Daily

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263

‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’

WLR Daily, 17th June 0215

Source: www.iclr.co.uk

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IMI plc and another v Delta Ltd (formerly Delta plc) and another – WLR Daily

Posted June 22nd, 2015 in civil justice, contribution, damages, law reports, limitations, time limits by tracey

IMI plc and another v Delta Ltd (formerly Delta plc) and another: [2015] EWHC 1676 (Ch); [2015] WLR (D) 262

‘On the true construction of the final proviso in section 1(4) of the Civil Liability (Contribution) Act 1978 Part 20 the defendants in contribution proceedings were precluded from relying on a limitation defence pleaded against the claimants in the main proceedings.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Architect accused by boss of ‘maternity paranoia’ wins £250k payout – Daily Telegraph

‘Tribunal hears Julie Humphryes felt she was being ‘marginalised by the company’ while she was on maternity leave.’

Full story

Daily Telegraph, 16th June 2015

Source: www.telegraph.co.uk

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Freddie Starr sues over grope claim – BBC News

Posted June 16th, 2015 in damages, defamation, news, public interest by sally

‘Comedian Freddie Starr is claiming damages from a woman who says he groped her when she was 15.’

Full story

BBC News, 15th June 2015

Source: www.bbc.co.uk

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Woman ‘wins £37,000 damages’ after she was strip-searched and left naked by Met police – The Independent

‘A woman, who was forcibly strip-searched by police officers then left naked in a custody cell while cameras broadcast her image, has won £37,000 in damages from the Metropolitan Police, the Guardian has reported.’

Full story

The Independent, 14th June 2015

Source: www.independent.co.uk

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Gynaecologist Rob Jones: Hundreds of women in legal claim – BBC News

Posted June 11th, 2015 in complaints, damages, doctors, news, women by sally

‘Two hundred women treated by a disgraced surgeon have joined a group taking legal action against the Royal Cornwall Hospitals Trust.’

Full story

BBC News, 10th June 2015

Source: www.bbc.co.uk

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Boy wins £120,000 damages for narcolepsy caused by swine flu vaccine – The Guardian

Posted June 11th, 2015 in children, damages, disabled persons, health, news by sally

‘A 12-year-old boy has been awarded £120,000 by a court that agreed he had been left severely disabled by narcolepsy triggered by the swine flu vaccine, following a three-year battle in which the government had claimed that his illness was not serious enough to merit payment.’

Full story

The Guardian, 10th June 2015

Source: www.guardian.co.uk

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