Wrotham Park damages for breach of restrictive covenants and illegitimate competition? The Court says yes in One Step (Support) Ltd –v- Morris-Gardner & Anor [2014] EWHC 2213 – Employment Law Blog

‘In Wrotham Park v Parkside Homes [1974] 1 WLR 798, the Court declined to order a land-owner to destroy a property he had built on his land in breach of a covenant in favour of his neighbour. Instead, it awarded the neighbour damages in lieu of an injunction under Lord Cairns’ Act, in such sum “as might reasonably have been demanded by the [covenantee] … as the quid pro quo for relaxing the covenant” (815). The Court assessed the damages as a modest percentage of the profit anticipated (“with the benefit of foresight”) by the contract breaker. Employment lawyers have sought to exploit Wrotham Park for some time now, particularly following the seminal judgments of the House of Lords in AG v Blake [2001] 1 AC 268, where it was held that in exceptional circumstances (where conventional remedies had no value) the contract breacher could be required to account for the fruits of his breach of contract.’

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Employment Law Blog, 15th July 2014

Source: www.employment11kbw.com

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Judge criticises police for investigating ‘outrageous’ mother and daughter spat – Daily Telegraph

Posted July 14th, 2014 in damages, estate agents, families, harassment, news, police, theft by sally

‘Nicola Low, 71, and her daughter, Caroline Baines, 40, ran an estate agent together before their relationship ended in a spectacular fall out.’

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Daily Telegraph, 11th July 2014

Source: www.telegraph.co.uk

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Met must respond to spy allegations in undercover police case, court rules – The Guardian

‘The Metropolitan police cannot use its policy of “neither confirm nor deny” in response to damages claims brought by women who claim they were tricked into forming relationships with undercover officers.’

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The Guardian, 2nd July 2014

Source: www.guardian.co.uk

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Black female officer discriminated against by Met Police, tribunal finds – Daily Telegraph

‘Britain’s biggest force faces a large compensation claim as a tribunal rules Carol Howard was treated unfairly because of her sex and race.’

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Daily Telegraph, 1st July 2014

Source: www.telegraph.co.uk

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Avoiding the clinch: judicial respect for the rules inherent to sport – Competition Bulletin from Blackstone Chambers

‘In a recent bout in the High Court, the specificity of sporting disputes once again came to the fore. In Bruce Baker v British Boxing Board of Control [2014] EWHC 2074 (QB), 25 June 2014, Sir David Eady was faced with the old chestnut of a request for a court to interfere with a national sporting body’s decision to sanction one of its participants. One interim application later, and the BBBC was still standing.’

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Competition Bulletin from Blackstone Chambers, 1st July 2014

Source: www.competitionbulletin.com

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Man awarded just £5 damages against police after court rules detention breached his rights – Daily Telegraph

Posted July 2nd, 2014 in appeals, costs, damages, detention, false imprisonment, news, police by sally

‘Court of Appeal said ‘aggressive and truculent’ man’s initial detention was unlawful and amounted to false imprisonment.’

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Daily Telegraph, 1st July 2014

Source: www.telegraph.co.uk

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The English law of causation and the passing-on defence – Competition Bulletin from Blackstone Chambers

Posted June 30th, 2014 in causation, competition, damages, defences, news by sally

‘One of the big questions of English competition law is whether there is such a thing as a “passing-on defence” – – i.e. whether the damages suffered by a purchaser of a cartelized product are reduced or mitigated if he “passes on” some of the overcharge to his own customers. Two follow-on damages actions were due to be heard this term, arising out of the synthetic rubber cartel and the gas insulated switchgear cartel, both of which raised the question of passing-on but both of which have now settled.’

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Competition Bulletin from Blackstone Chambers, 30th June 2014

Source: www.competitionbulletin.com

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Claimant wins case over personal injury damages and social care charging policy – Local Government Lawyer

‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’

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Local Government Lawyer, 19th June 2014

Source: www.localgovernmentlawyer.co.uk

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Section 13 DPA in the High Court: nominal damage plus four-figure distress award – Panopticon

Posted June 16th, 2014 in compensation, damages, data protection, disclosure, documents, news, time limits by sally

‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’

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Panopticon, 13th June 2014

Source: www.panopticonblog.com

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“Virtually impossible” for solicitors to claim success fees in cases involving children – Litigation Futures

‘The Civil Procedure Rule Committee is to investigate claims that the Jackson reforms have made it “virtually impossible” for solicitors to claim success fees in cases involving children, it has emerged.’

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Litigation Futures, 11th June 2014

Source: www.litigationfutures.com

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Insolvent defendants and claimants – Thirty Nine Essex Street

‘Corporate bodies (limited companies or LLPs) have a separate legal identity that ceases to exist upon dissolution. Dissolution can occur, broadly speaking, in two ways, one is at the end of the process of winding up (whether voluntary or compulsory) and the other is by the process of striking off the Register of Companies or limited liability partnerships. The latter occurs either as a result of the company’s or LLP’s failure to file accounts, returns etc. or by a process of voluntary striking off.’

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Thirty Nine Essex Street, 7th March 2014

Source: www.39essex.com

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Fenland council binman gets £1.8m rubbish truck payout – BBC News

Posted June 5th, 2014 in accidents, damages, news, personal injuries by sally

‘A binman whose shattered leg had to be amputated above the knee after his rubbish truck hit a parked lorry has been awarded £1.8m in damages.’

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BBC News, 4th June 2014

Source: www.bbc.co.uk

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Abbey Forwarding Ltd (in liquidation) and another v Hone and others (No 3) – WLR Daily

Posted May 29th, 2014 in appeals, damages, freezing injunctions, injunctions, law reports by michael

Abbey Forwarding Ltd (in liquidation) and another v Hone and others (No 3) [2014] EWCA Civ 711;  [2014] WLR (D)  236

‘When determining questions of compensation for loss arising as a result of a freezing order and the undertaking in damages therein, the correct approach was that the remote consequences of obtaining an injunction were not to be taken into account in assessing damages but that logical and sensible adjustments might well be required simply because the court was not awarding damages for breach of contract but was compensating for loss caused by the injunction which was wrongly granted.’

WLR Daily, 23rd May 2014

Source: www.iclr.org.uk

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PA sacked by her boss after wife found out about their affair awarded £35,000 damages – Daily Telegraph

‘A personal assistant sacked from her job at a successful property company by her boss after his wife found out about their affair has been awarded nearly £35,000 in damages. ‘

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Daily Telegraph, 29th May 2014

Source: www.telegraph.co.uk

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No damages for the solicitor whose private information was misused by a prostitute whom he’d short changed – RPC Privacy Law

‘In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim, it declined to award any damages but did grant him an injunction.’

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RPC Privacy Law, 21st May 2014

Source: www.rpc.co.uk

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Appeal court sets aside £186k professional negligence claim – Law Society’s Gazette

‘A Devon firm has won an appeal against a £186,000 damages award for professional negligence following a conveyancing row with a former client.’

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Law Society’s Gazette, 20th May 2014

Source: www.lawgazette.co.uk

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The “Anomalous” Fatal Accidents Act – Hardwicke Chambers

Posted May 12th, 2014 in bereavement, compensation, damages, news, restitution, Supreme Court by sally

‘Those are not my words but the view expressed on 2 April by Lord Sumption on the effective over-compensation which can result under the Fatal Accidents Act 1976 (“the FAA”). The other Supreme Court Justices agreed with him. He expressed the view that, “What is clear is that sections 3 and 4 [of the FAA] mark a departure from the ordinary principles of assessment in English law, which can fairly be described as anomalous”. This was in a Supreme Court case which had to decide whether in a foreign accident case to apply German principles of assessment of damages (effectively full compensation) or English law in the form of the FAA: Cox v Ergo Versicherung AG (formerly known as Victoria) [2014] UKSC 22.’

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Hardwicke Chambers, 11th April 2014

Source: www.hardwicke.co.uk

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The County Court challenge: a practical view from the Bar – Littleton Chambers

Posted May 12th, 2014 in civil procedure rules, county courts, damages, equity, jurisdiction, news by sally

‘Given the continued attention commanded by the stream of relief from sanctions decisions and the implementation of the Jackson reforms, it is unsurprising that the secondary legislation that brought into force section 17 of the Crime and Courts Act 2013, and which made related changes to the CPR (see Legal update, The Civil Procedure (Amendment) Rules 2014 published), passed by relatively unnoticed. It would, however, be a mistake not to note the significant changes to the County Court and its jurisdiction. These will throw up significant practical issues for the courts themselves and, in some regions more than others, will create a number of tactical dilemmas for litigators.’

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Littleton Chambers, 7th May 2014

Source: www.littletonchambers.com

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Greenwich Millennium Village Limited v Essex Services Group PLC (& ors) – 4 New Square

Posted May 12th, 2014 in civil procedure rules, costs, damages, indemnities, news by sally

‘Mr Justice Coulson has handed down his lengthy judgment on the costs matters arising from the claim made by Greenwich Millennium Village Limited (“GMVL”). His judgment may prove of particular interest for his consideration of costs issues which arise when, as so often in the TCC, parties seek to pass on liabilities along a contractual chain.’

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4 New Square, 6th May 2014

Source: www.4newsquare.com

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Russell Brand wins ‘substantial damages’ for Sun on Sunday article – The Guardian

Posted May 9th, 2014 in damages, defamation, media, news by sally

‘Russell Brand has accepted “substantial” libel damages from the Sun on Sunday over the false claim that he cheated on his girlfriend Jemima Khan.’

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The Guardian, 8th May 2014

Source: www.guardian.co.uk

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