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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Replacing carpets owned by landlord was not breach of repair clause, says Court of Appeal – OUT-LAW.com

Posted April 25th, 2016 in appeals, damages, interpretation, landlord & tenant, leases, news, repairs by sally

‘A commercial property tenant did not breach repair covenants set out in the lease when it replaced carpet tiles in the property with strip carpeting, the Court of Appeal has ruled, overturning the High Court’s decision.’

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OUT-LAW.com, 21st April 2016

Source: www.out-law.com

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PI victim gets 100% costs – despite failing with one allegation – Law Society’s Gazette

‘The Court of Appeal has ruled that a claimant should be awarded full costs of bringing her case despite losing on one of the issues.’

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Law Society’s Gazette, 15th April 2015

Source: www.lawgazette.co.uk

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Court of Appeal overturns issues-based part 36 offer – Litigation Futures

‘Judges can make issues-based costs orders under part 36 but only if it is unjust to deprive a successful claimant of all or part of their costs, the Court of Appeal has ruled in overturning such an order.’

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Litigation Futures, 15th April 2016

Source: www.litigationfutures.com

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Adding Insult to Injury – Byrom Street Chambers

Posted April 14th, 2016 in damages, disabled persons, news, personal injuries by sally

‘This paper seeks to explore how causation and quantum should be determined where a pre-existing injury is worsened, or an additional injury is super imposed upon a pre-existing injury, by a Defendant’s negligence.’

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Byrom Street Chambers, 30th March 2016

Source: www.byromstreet.com

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Employment Law Implications for Liquidated Damages and the Penalty Rule Following El Makdessi – Littleton Chambers

Posted April 14th, 2016 in appeals, contracts, damages, employment, news, penalties, Supreme Court by sally

‘In English law there is a presumption in favour of freedom of contract. The penalty rule represents an exception to that principle. A properly drafted liquidated damages clause entitles the claimant to recover the amount stipulated in the clause even if the actual loss is less than the amount payable. The inclusion of the clause is intended to provide certainty, to make the recovery of damages easier and less costly and, from the opposite perspective, to limit liability.’

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Littleton Chambers, 4th April 2016

Source: www.littletonchambers.com

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Opportunity doesn’t knock twice: recovering damages for consequential loss – Hardwicke Chambers

‘Today’s banks are in receipt of the largest fines ever imposed by the Financial Conduct Authority (FCA), or its predecessor the Financial Services Authority (FSA), and although they are taking responsibility for a number of failings (eg PPI, Derivatives, LIBOR and FOREX), restrictions on recovering loss, in particular where consequential loss is concerned, have come under significant scrutiny. This article examines the measure of loss in tort and contract, and particularly explores investors’ difficulties when making claims for loss of profit caused by mis selling.’

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Hardwicke Chambers, 31st March 2016

Source: www.hardwicke.co.uk

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Wrongful Birth and Wrongful Conception – The Rights of the Father – Hardwicke Chambers

‘The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 there has been little, if any, disruption to the status quo. It is clear however that there do remain some unanswered questions regarding the limits of recovery in this area; one such query arose in the more recent case of Whitehead v Searle [2008] EWCA Civ 285, where the rights of a father in these actions was considered.’

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Hardwicke Chambers, 8th April 2016

Source: www.hardwicke.co.uk

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Proprietary Estoppel: Expectation or Detriment – New Square Chambers

Posted April 13th, 2016 in appeals, compensation, damages, enforcement, estoppel, news, proportionality by sally

‘Proprietary estoppel claims can give rise to a particular issue: should the measure of the claimant’s relief be compensation for detriment or, more generously, enforcement of the relevant promise or assurance?’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

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England and Wales Cricket Board Ltd and another v Tixdaq Ltd and another – WLR Daily

Posted April 13th, 2016 in copyright, damages, EC law, intellectual property, internet, law reports, sport by sally

England and Wales Cricket Board Ltd and another v Tixdaq Ltd and another [2016] EWHC 575 (Ch)

‘The claimants owned the copyrights in television broadcasts, and in films incorporated within such broadcasts, of most cricket matches played by the English cricket teams in England and Wales. The defendants operated a website and various mobile applications (“Apps”) which used screen capture technology to copy clips of broadcast footage of sporting events and uploaded those clips to the Apps. The defendants’ uploaded a considerable number of clips of broadcasts of cricket matches, lasting up to eight seconds, to the Apps where they could be viewed by users. Users could also upload clips, together with commentary, on to the website and the defendants’ social media accounts. The claimants brought a claim for damages, alleging uploading the clips prima facie constituted breaches of sections 16, 17 and/or 20 of the Copyright Designs and Patents Act 1988. The 1988 Act did not require either broadcasts or films to be original in order for copyright to subsist in them. An issue arose as to the applicable test for substantiality in circumstances where there was no intellectual creation. The question went to both infringement, which required an act such as reproduction or communication to the public of the whole, or any “substantial part” of a work, and also to the applicability of the fair dealing defence in section 30(2) of the 1988 Act, on which the defendants relied.’

WLR Daily, 18th April 2016

Source: www.iclr.co.uk

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Global firm must pay £118k over negligent advice – Law Society’s Gazette

Posted April 8th, 2016 in contracts, costs, damages, documents, employment, law firms, negligence, news, standards by tracey

‘A High Court judge has ordered global firm King & Wood Mallesons to pay damages over negligent advice it gave to a commodities business intelligence firm – although they were only 5% of the sum claimed.’

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Law Society’s Gazette, 7th April 2016

Source: www.lawgazette.co.uk

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One Step (Support) Ltd v Morris-Garner and another – WLR Daily

Posted March 30th, 2016 in appeals, compensation, damages, law reports, restrictive covenants by sally

One Step (Support) Ltd v Morris-Garner and another [2016] EWCA Civ 180

‘The defendants were a former director and manager of the claimant company who were found to have breached restrictive covenants not to compete, solicit clients or use confidential information belonging to the company. Losses were difficult to quantify. The judge gave the claimants the option of recovering damages on the Wrotham Park basis, being the amount which would notionally have been agreed between the parties, acting reasonably, as the price for releasing the defendants from the restrictions.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

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Family member of EU national awarded £136,000 damages against Home Office – Free Movement

‘A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inaccurate and misleading” submissions to previous judges on multiple occasions and the damages include not just compensatory damages for lost earnings and distress but also special damages, aggravated damages and exemplary damages.’

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Free Movement, 30th March 2016

Source: www.freemovement.org.uk

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