Met police breached data protection laws to spy on own officer – Daily Telegraph

Posted August 25th, 2016 in damages, data protection, human rights, London, news, police by sally

‘Scotland Yard breached data protection laws to spy on one of its own officers while she was on sick leave, it has emerged.’

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Daily Telegraph, 24th August 2016

Source: www.telegraph.co.uk

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When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

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An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

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Landlords behaving badly – Nearly Legal

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

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Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk

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Jehovah’s Witnesses under pressure over handling of sexual abuse claims – The Guardian

‘The Jehovah’s Witnesses organisation is under increasing pressure to address its handling of sexual abuse allegations as it faces legal setbacks, bills of over £1m and a fight to prevent the Charity Commission examining its records of abuse claims.’

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The Guardian, 12th August 2016

Source: www.guardian.co.uk

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Romanian murderer could receive £500,000 payout for being unlawfully detained at an immigration centre – Daily Telegraph

Posted August 11th, 2016 in damages, deportation, detention, EC law, murder, news by tracey

‘ Romanian murderer could be paid up to £500,000 damages from the government after a court ruled his detention at an immigration centre was unlawful.’

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Daily Telegraph, 11th August 2016

Source: www.telegraph.co.uk

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What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

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The fight against fraud – New Law Journal

‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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Fees fi fo fum – New Law Journal

Posted July 27th, 2016 in advocacy, appeals, civil procedure rules, costs, courts, damages, fees, news by sally

‘David Wright discusses fixed advocacy fees.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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The Simmons v Castle debate continues – Cloisters

‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts – Cloisters

‘William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Buyer beware – Hardwicke Chambers

Posted July 26th, 2016 in damages, deposits, misrepresentation, news, penalties, rescission, sale of land by sally

‘William Griffiths QC is a successful silk but was the unsuccessful defendant in the widely reported case of Hardy v Griffiths [2014]. Mr and Mrs Griffiths had exchanged contracts with the claimant, Mr Hardy, to buy Laughton Manor for £3.6m and paid £150,000 on account of the 10% deposit, the contract incorporating the Standard Conditions of Sale (SCS).’

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Hardwicke Chambers, 25th July 2016

Source: www.hardwicke.co.uk

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Failure to serve costs budget limits claimant’s recovery to court fees in £3m quantum-only dispute – Litigation Futures

‘The fact that a clinical negligence case had become a quantum-only dispute did not take it out of the costs management regime, meaning that the claimant’s failure to serve a costs budget restricted its recoverable costs to the court fees only, the Court of Appeal has ruled.’

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Litigation Futures, 25th July 2016

Source: www.litigationfutures.com

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Cliff Richard set for court battle with BBC after corporation rejects damages claim – Daily Telegraph

‘Sir Cliff Richard is set for a court battle with the BBC, after the corporation rejected a demand that it pay damages for its controversial live coverage of a police raid on the singer’s home.’

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Daily Telegraph, 24th July 2016

Source: www.telegraph.co.uk

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High Court: part 36 offer meant party could not accept earlier ‘without prejudice’ offer – Litigation Futures

‘The High Court has ruled that a claimant’s part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance.’

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Litigation futures, 15th July 2016

Source: www.litigationfutures.com

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Activists win damages against City police for false imprisonment – The Guardian

Posted July 18th, 2016 in assault, damages, demonstrations, false imprisonment, news, police by sally

‘Eleven activists who took part in G20 protests seven years ago have received more than £60,000 in damages from the City of London police for false imprisonment, assault and breaches of the Human Rights Act. The case has raised serious questions about who owns personal data collected by police.’

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The Guardian, 16th July 2016

Source: www.guardian.co.uk

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Surrey and others v Barnet and Chase Farm Hospitals NHS Trust – WLR Daily

Surrey and others v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB)

‘Three separate cases involving clinical negligence litigation against the defendant hospital had been proceeding for several years prior to 1 April 2013. Under new legislation coming into force on 1 April 2013, a claimant entering into a conditional fee agreement (“CFA”) from that date would be unable to recover success fees and after the event (“ATE”) insurance premiums from the defendant if successful in the litigation. In each case the claim had initially been advanced with the benefit of legal aid, but in the month prior to 1 April 2013 the claimant’s solicitors, with the agreement of the claimant’s litigation friend, arranged for the legal aid certificate to be discharged and for the claim henceforth to be funded by a CFA to preserve the ability to recover the success fee and ATE premiums. In none of the cases was the litigation friend informed that the consequence would be the loss of the recognised 10% uplift on general damages. In each case the defendant challenged the successful claimant’s bill of costs, in so far as it sought to recover the success fee and the ATE premium, contending that the litigation friend’s decision was based on materially unreasonable advice (by reason of the omission to mention the 10% uplift) and that, since the burden was on the receiving party to establish that a cost was reasonably incurred and it was unknown what decision would have been made had proper advice been given, the doubt as to whether the additional costs were reasonably and proportionately incurred should be resolved in favour of the paying party. The costs judge in each case upheld the defendant’s challenge to those items, holding that the changed funding arrangements were not reasonable. Each claimant appealed, contending that the reasonableness of the decision to change funding had to be objectively assessed, so that the quality of any antecedent advice given to the claimants’ litigation friends was irrelevant.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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Right to light appeal: bad conduct ‘key factor’ in grant of injunction, experts say – OUT-LAW.com

‘The Court of Appeal has upheld an injunction over what was a relatively minor breach of a right to light, primarily because of the developer’s poor conduct throughout the dispute.’

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OUT-LAW.com, 12th July 2016

Source: www.out-law.com

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Wrong warrants? Issues in N325 compliance – Nearly Legal

‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’

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Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

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Joint and several obligations – Hardwicke Chambers

Posted July 12th, 2016 in appeals, contracts, damages, joint liability, news, sale of land by sally

‘Andy Creer considers the recent decision of Laditi and another v Marlbray Ltd [2016] EWCA Civ 476 in which Brie Stevens-Hoare QC and Lina Mattsson acted for the Claimants/Respondents.’

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Hardwicke Chambers, 13th June 2016

Source: www.hardwicke.co.uk

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