‘The Supreme Court has provided a “wholly new legal roadmap” for professional negligence after its ruling last week in two linked cases, the Professional Negligence Lawyers Association (PNLA) has said.’
Legal Futures, 22nd June 2021
Source: www.legalfutures.co.uk
‘In the latest episode of Law Pod UK Rosalind English talks to Matt Hervey, co-editor with Matthew Lavy of a new practitioner’s text book on Artificial Intelligence. Matt is Head of Artificial Intelligence at Gowling WLG., and advises on all aspects of AI and Intellectual Property, particularly in relation to the life sciences, automotive, aviation, financial and retail sectors. Our discussion ranges across many areas covered by the book, including negligence, liability for physical and economic harm, AI and professional liability, and more on AI and intellectual property, a fascinating subject which Matt touches on in this episode.’
Law Pod UK, 1st March 2021
Source: audioboom.com
‘In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant’s “lost years” claim. The judge had dismissed the claim on the basis that the Claimant’s income derived from his successful family business, the profitability of which would continue after his death such that there was no loss. In the Court of Appeal, however, Bean LJ (with whom Males and Andrews LJJ agreed) held that the Claimant’s income was the product of his hard work and flair as opposed to a return on passive investment, such that it should be treated as earnings rather than investment income and was thus recoverable in the “lost years” claim.’
Ropewalk Chambers, 19th January 2021
Source: www.ropewalk.co.uk
‘Businesses across the country remain shut down and face mounting losses affecting not just cash-flow, but their very survival.’
3PB, 28th April 2020
Source: www.3pb.co.uk
‘Banks can learn a lesson from a new ruling issued by the UK Supreme Court on practices to adopt when providing credit references, according to a banking and finance litigation expert.’
OUT-LAW.com, 27th July 2018
Source: www.out-law.com
‘PAUL NICHOLLS QC, MATRIX Case Comments: It is often very difficult in cases involving breaches of restrictive covenants and misuse of confidential information to recover damages. It can be hard to prove loss. Employees may adduce evidence to show, for example, that customers would have ceased to deal with the claimant employer as a result of the mere fact of the employee’s departure such that the employee’s breach of a non-solicitation covenant has not caused loss. In cases about misuse of confidential information, the employee may be able to show that information wrongly removed could easily have been obtained from legitimate sources such that no loss flows from the misuse.’
UK Supreme Court Blog, 24th April 2018
Source: ukscblog.com
‘Damages awarded to the owners of a care business for the breach by their former business partners of a non-compete clause and other restrictive covenants should be calculated based on their actual financial loss, rather than hypothetical “negotiating damages”, the UK’s highest court has ruled.’
OUT-LAW.com, 20th April 2018
Source: www.out-law.com
‘Does a person who is sued in civil litigation for the alleged misconduct of her employees (or others for whom she is vicariously liable) owe a duty of care to avoid causing those employees or “quasi-employees” financial loss arising from the conduct of the person’s defence?.’
UK Supreme Court Blog, 3rd April 2018
Source: ukscblog.com
‘A plethora of issues were raised, and disposed of, by Fraser J’s recently handed-down judgment in Riva Properties and others v Foster + Partners Ltd, the most awkwardly entertaining one being the sense of pantomime arising from the court’s clear disapproval of the architect’s behaviour, which was described at various stages as “grubby”, “disingenuous” and “wholly unprofessional”.’
Hardwicke Chambers, 10th November 2017
Source: www.hardwicke.co.uk
‘An Oxford graduate is suing the university for £1m on the grounds that his failure to get a top degree 17 years ago cost him the chance of a lucrative legal career.’
The Guardian, 21st November 2017
Source: www.theguardian.com
‘On Thursday 13 July 2017, following the trial of a preliminary issue of limitation, HH Judge Paul Matthews handed down judgment in Osborne v. (1) Follett Stock (a firm); (2) Follett Stock LLP.’
4 New Square, 19th July 2017
Source: www.4newsquare.com
‘The University of Oxford is to face a landmark trial following a £1m compensation claim filed by a former student after he failed to graduate with a first-class degree.’
The Independent, 23rd January 2017
Source: www.independent.co.uk
‘The High Court has awarded a successful German claimant an extra £20,000 in costs to compensate for the impact of the falling value of sterling against the euro – especially since the EU referendum vote – as it had to convert euros into pounds during the case to pay its solicitors.’
Litigation Futures, 19th January 2017
Source: www.litigationfutures.com
‘Employees must be able to prove that they have suffered actual harm as a result of breaches of health and safety law by an employer in order to claim compensation, the Court of Appeal has confirmed.’
OUT-LAW.com, 29th April 2016
Source: www.out-law.com
‘The Court of Appeal has reduced by almost two-thirds the balance awarded to the seller of a law firm by the High Court, after ruling that – among other things – the trial judge had been wrong not to award the buyer damages for misrepresentation of the firm’s finances.’
Legal Futures, 29th January 2016
Source: wwww.legalfutures.co.uk
‘A High Court judge “overcomplicated matters” by attempting to develop a set of principles governing whether the innocent party to a breach of contract should have its award of damages reduced to reflect a benefit it obtained from that breach of contract, an expert has said.’
OUT-LAW.com, 8th January 2016
Source: www.out-law.com
‘Professionals in all walks of life are frequently asked to give references in respect of people or organisations. A negligently given reference may cause the recipient who relies on it or the person the subject of it to suffer pure economic loss in respect of which they will want to recover damages. In Durkin v DSG Retail Limited [2014] 1 W.L.R. 1148, the Supreme Court has, in a couple of short paragraphs, given a timely reminder of the pitfalls than may await anyone, in particular banks and other lenders, who gives a negligent reference.’
Hardwicke Chambers, 21st May 2014
Source: www.hardwicke.co.uk
Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508
‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’
WLR Daily, 20th December 2013
Source: www.iclr.co.uk
Supreme Court, 6th November 2013
“A taxpayer must perform a calculation of the amount of tax due itself, rather than leave that calculation to HM Revenue and Customs (HMRC), in order to retain possession of funds under dispute, the Supreme Court has ruled.”
OUT-LAW.com, 8th November 2013
Source: www.out-law.com
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