UK Supreme Court judges show little appetite for extending ‘Fairchild’ exception to other scenarios, says expert – OUT-LAW.com

‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’

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OUT-LAW.com, 26th May 2015

Source: www.out-law.co.com

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Phone hacking: massive privacy damages – UK Human Rights Blog

Posted May 27th, 2015 in compensation, damages, interception, media, news, privacy by sally

‘For some years in the early and mid 2000s, a routine form of news-gathering in the Mirror Group was phone hacking – listening to voicemails left for celebrities by their friends, and then dishing up revelations in their papers. And this judgment amounts to a comprehensive pay-back time for the years of distress and upset sustained by those celebrities, as the ins and outs of their private lives were played out for the Mirror Group’s profit. The damages awarded well exceeded those previously payable, as justified in the tour de force of a judgment by Mann J.’

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UK Human Rights Blog, 22nd May 2015

Source: www.ukhumanrightsblog.com

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Rape victim falsely accused of lying by police wins £20,000 payout – The Guardian

‘A rape victim falsely accused of lying by detectives has won £20,000 in damages after suing police under the Human Rights Act. The woman, who cannot be named, was 17 when a man raped her in Winchester in April 2012 after a night out with friends. Her mother reported the attack hours later and the victim told officers her T-shirt may contain her attacker’s DNA.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

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Phone hacking: Paul Gascoigne wins damages from Mirror Group – BBC News

Posted May 21st, 2015 in appeals, damages, interception, media, news, privacy, telecommunications by sally

‘Former footballer Paul Gascoigne has won £188,250 in phone-hacking damages from Mirror Group Newspapers.’

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BBC News, 21st May 2015

Source: www.bbc.co.uk

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Credit Hire Simplified? – Zenith PI Blog

Posted May 21st, 2015 in appeals, consumer credit, damages, news, rent by sally

‘In cases where the hirer of a car on credit terms is not impecunious, we thought we knew where we stood after Dimond v Lovell [2001] 1AC 384. The Claimant was entitled to recover the ‘spot rate’ or, as the Court of Appeal in Pattni v First Leicester Buses Ltd [2012] RTR 17 insisted, ‘basic hire rate’ or BHR. In Burdis v Livsey [2003] QB 36, three possible ways of calculating the basic hire rate were considered and indeed that consideration was repeated by Aikens LJ in Pattni. Both the Court of Appeal in Burdis and the Court of Appeal in Pattni rejected the mode of calculation of applying a reasonable discount to the credit hire rate charged. That left two methods of calculation. The first, which was not favoured by the Court of Appeal in Burdis, was to break down the charge made by the credit hire company and remove the additional elements from the claim in respect of credit, claim handling and delivery &c. The Court of Appeal in Burdis thought that the cost of working all that out might well be disproportionate. The court in Pattni, however, considered that where the actual credit hire company which had hired the replacement car to the Claimant, disclosed the BHR for that type of car in that area at that time, that might well be the best mode of calculation.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

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Companies House and the £9m typo – OUP Blog

Posted May 19th, 2015 in appeals, company law, damages, disclosure, mistake, news by sally

‘Conducting business through a company provides tremendous benefits. The price to be paid for these benefits is disclosure – companies are required to disclose substantial amounts of information, with much of this information being disclosed to Companies House. Every day, suppliers, creditors, potential investors, credit agencies and other persons utilise information provided by Companies House to make informed commercial decisions. It is therefore vital that when Companies House records this information into the register of companies, that it is recorded accurately, with the recent case of Sebry v Companies House [2015] EWHC 115 (QB) providing a stark example of the disastrous consequences that can occur if information is incorrectly recorded.’

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OUP Blog, 19th May 2015

Source: http://blog.oup.com

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Travellers in legal victory against JD Wetherspoon after delegates denied pub entry – Daily Telegraph

Posted May 19th, 2015 in damages, gipsies, licensed premises, news, racism by sally

‘Lawyers successfully argue that group of 15 people were discriminated against when they were denied entry to The Coronet pub.’

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Daily Telegraph, 18th May 2015

Source: www.telegraph.co.uk

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Sir Roger Moore wins damages over ‘grope’ claim – BBC News

Posted May 14th, 2015 in damages, defamation, news by tracey

‘The actor Sir Roger Moore has accepted undisclosed libel damages over claims that he groped a woman while shooting James Bond film For Your Eyes Only. The 87-year-old also received an apology and his legal costs over a story that appeared in the Daily Mail and on Mail Online in October 2014.’

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BBC News, 13th May 2015

Source: www.bbc.co.uk

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Chorister awarded £30,000 for damage to her voice – Daily Telegraph

Posted May 12th, 2015 in damages, health, hospitals, medical treatment, negligence, news by tracey

‘A pensioner left with a “weak, husky and painful” voice which rendered her unable to sing in a church choir after a botched NHS operation has been awarded £35,000 damages.’

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Daily Telegraph, 11th May 2015

Source: www.telegraph.co.uk

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Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change – WLR Daily

Posted May 11th, 2015 in contracts, damages, energy, human rights, law reports, time limits by sally

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change [2015] EWCA Civ 408; [2015] WLR (D) 192

‘Contracts which had been secured might be said to part of the goodwill of a business because they were the product of its past work, and thus capable of amounting to possessions within article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Contracts which the business hoped to secure in the future were no more than that and were merely a potential source of future income which could not amount to possessions under the article.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

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Bank Mellat’s $4bn A1P1 claim gathers pace – UK Human Rights Blog

Posted May 11th, 2015 in banking, damages, human rights, news, proportionality, terrorism by sally

‘Two recent judgments underscoring the potential high cost of the UK getting it wrong in its dealing with businesses and hence being liable to pay damages under the Human Rights Act for breach of its A1P1 obligations. Regular readers will know that A1P1 is the ECHR right to peaceful enjoyment of property.’
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UK Human Rights Blog, 9th May 2015

Source: www.ukhumanrightsblog.com

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Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

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Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

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Section 7(9) Again (What, Again?) – Panopticon

Posted May 7th, 2015 in damages, data protection, news by sally

‘On a day when the country goes to the polls (or, if you a UKIP supporter, to the Poles), it is nice to be able remind people of the more important things in life than mere democratic-right exercising. The chief of these is, surely, developments under the Data Protection Act 1998. Happily, Panopticon can assist, with a quick note on an ex tempore judgment of HHJ Seymour QC in Ittihadieh v 5-11 Cheyne Gardens RTM Co Ltd & 6 others (QBD, 5 May 2015). There is no transcript yet available, but a headnote is now reported on Lawtel, and this summary is taken from that.’

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Panopticon, 7th May 2015

Source: www.panopticonblog.com

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A1P1 claims by photovoltaics get to the Court of Appeal – UK Human Rights Blog

Posted May 6th, 2015 in appeals, climate change, damages, energy, news by sally

‘In 2011, DECC decided to change the rules about subsidies for photovoltaic schemes, and caused substantial losses to those who had contracted or were about to contract on the basis of the more generous old subsidies.’
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UK Human Rights Blog, 4th May 2015

Source: www.ukhumanrightsblog.com

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Salford Royal Hospital: Woman awarded £8m after NHS blunder – BBC News

‘A pregnant woman left brain damaged after her heart was accidentally punctured during an NHS operation has won an £8m compensation pay-out.’

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BBC News, 5th May 2015

Source: www.bbc.co.uk

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As difficult as pulling teeth – Nearly Legal

Posted May 5th, 2015 in costs, damages, housing, landlord & tenant, news, repairs by sally

‘Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even when represented. This case is a glorious example of that.’

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Nearly Legal, 4th May 2015

Source: www.nearlylegal.co.uk

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Banker who won tribunal after being dubbed ‘Crazy Miss Cokehead’ warns others against taking legal action – Daily Telegraph

‘A banker awarded £3.2 million for sexual harassment after being nicknamed “Crazy Miss Cokehead” and “Miss Bonkers” by bullying male colleagues has described her tribunal as “hell” and cautioned other victims thinking of pursuing a similar claim.’

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Daily Telegraph, 30th April 2015

Source: www.telegraph.co.uk

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McCracken (a protected party by his litigation friend) v Smith (Damian) and others – WLR Daily

McCracken (a protected party by his litigation friend) v Smith (Damian) and others [2015] EWCA Civ 380; [2015] WLR (D) 183

‘Where a claimant’s injury had two separate causes, one of which was his own criminal conduct in a joint enterprise with another, amounting to turpitude for the purposes of the defence of ex turpi causa, and one of which was a third party’s negligence, the relationship between the claimant’s turpitude and his negligence claim against the third party was not such as to debar his claim against the defendant in reliance on the principle of ex turpi causa. The correct approach of the court in such cases was to give effect to both causes of the injury by allowing the claimant to claim in negligence against the third party but, if negligence was established, by reducing any recoverable damages in accordance with the principles of contributory negligence so as to reflect the claimant’s own fault and responsibility for the injury.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

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Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) – WLR Daily

Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) [2015] EWHC 1077 (Admin); [2015] WLR (D) 181

‘The discount rate determined by the Lord Chancellor under section 1(1) of the Damages Act 1996 was applicable to the quantification of future loss under the Criminal Injuries Compensation Scheme 1990.’

WLR Daily, 21st April 2015

Source: www.iclr.co.uk

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Recovering penalties from directors and employees: Safeway revisited – Competition Bulletin from Blackstone Chambers

Posted April 30th, 2015 in company directors, competition, damages, employment, fines, news, penalties by sally

‘Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages?’

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Competition Bulletin from Blackstone Chambers, 29th April 2015

Source: www.competitionbulletin.com

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