New Judgment: Micula & Ors v Romania [2020] UKSC 5 – UKSC Blog

Posted February 21st, 2020 in appeals, arbitration, compensation, EC law, news, state aids, Supreme Court by sally

‘The appeals arose out of the attempted enforcement of an investment arbitration award in favour of the claimants against Romania in relation to investments made by the claimants in food production in Romania before the country acceded to the EU.’

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UKSC Blog, 19th February 2020

Source: ukscblog.com

Supreme Court spurns insurers’ appeal over injuries on private land – Law Society’s Gazette

‘The Supreme Court has confirmed that insurers can be liable for accidents on private land even where the driver is not covered – but the long-running issue may not be over yet.’

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Law Society's Gazette, 20th February 2020

Source: www.lawgazette.co.uk

Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk

‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’

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12 King's Bench Walk, 14th February 2020

Source: www.12kbw.co.uk

Pitfalls in Clinical Negligence Claims: A Case Study – Hailsham Chambers

‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’

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Hailsham Chambers, 13th February 2020

Source: www.hailshamchambers.com

Clinical negligence and PI costs – Law Society’s Gazette

Posted February 17th, 2020 in civil procedure rules, compensation, costs, delay, negligence, news, personal injuries by sally

‘Following the decision in I v Hull & East Yorkshire Hospitals NHS Trust (25 February 2019), applications for a further interim payment on account of costs have become common in high-value clinical negligence and personal injury claims where there is likely to be substantial delay before quantum can be determined by the court. In the recent decision in RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB), Master Cook observed that there was no decision of the High Court on the principle of whether such applications are well founded and have an adequate judicial basis in the rules and/or the authorities. Thus, the master took the opportunity in RXK to provide guidance ‘in the hope that such applications would be better prepared in future’.’

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Law Society's Gazette, 17th February 2020

Source: www.lawgazette.co.uk

Church of England may have to pay out millions over child sexual abuse – The Guardian

Posted February 13th, 2020 in child abuse, Church of England, clergy, compensation, news, sexual offences, victims by tracey

‘he Church of England could face a multimillion-pound bill after its ruling body voted in favour of compensating survivors of sexual abuse.’

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The Guardian, 12th February 2020

Source: www.theguardian.com

Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54 – Hardwicke Chambers

‘The Appellant was a firm of solicitors against whom the Respondent, on behalf of the late Mr Watkins’ estate, continued Mr Watkins’ claim in professional negligence following his death in 2014.’

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Hardwicke Chambers, 10th February 2020

Source: hardwicke.co.uk

Why justice remains elusive for Windrush generation – The Guardian

Posted February 11th, 2020 in citizenship, colonies, compensation, immigration, news by sally

‘Victims talk about their ordeal and a complex compensation scheme that is yet to deliver.’

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The Guardian, 9th February 2020

Source: www.theguardian.com

‘Scared of heights’ injury claimant filmed on Europe’s biggest waterslide – BBC News

‘A bodybuilder who claimed an accident left him scared of heights was exposed when a video emerged of him careering down Europe’s highest waterslide.’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

Windrush victims given extra time to apply for compensation but concerns over lack of legal advice remain – The Independent

‘Windrush victims will have an additional two years to apply for compensation for their losses after the Home Office bowed to pressure to extend the deadline by two years.’

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The Independent, 7th February 2020

Source: www.independent.co.uk

Court of Appeal Dismisses HS2 Compulsory Purchase Appeal – Francis Taylor Building

Posted February 6th, 2020 in compensation, compulsory purchase, news, railways, service by sally

‘The case concerned material detriment counter-notices under the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965. Such counter-notices can be given where an acquiring authority is proposing to acquire compulsorily part only of a landowner’s land holding and the landowner wants the authority either to take the whole of his land or to withdraw completely from the proposed acquisition. Material detriment will arise where, when compared to the property as it previously existed, the retained portion of land is less useful or less valuable in some significant degree. Generally speaking, when it receives a counter-notice, the acquiring authority has the choice whether to withdraw from the acquisition, take the whole of the land, or contest whether material detriment arises.’

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Francis Taylor Building, 30th January 2020

Source: www.ftbchambers.co.uk

‘I wanted to forget the past – but I couldn’t’: How modern slavery victim was left in limbo for five years by Home Office – The Independent

‘He arrived in the UK nearly a decade ago after an “uncle” – the term he uses for older men of his nationality – helped him escape the violence, labour exploitation and sexual abuse he was subjected to for most of his childhood. He has since been saved from his exploiters, but faced a different challenge – the battle for protection from the Home Office.’

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The Independent, 4th February 2020

Source: www.independent.co.uk

High Court rules directors cannot buy assets of their liquidated company on the cheap – Local Government Lawyer

Posted January 30th, 2020 in company directors, company law, compensation, insolvency, news, valuation by tracey

‘The High Court has ruled that company directors cannot buy assets from their liquidated companies at below market value.’

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Local Government Lawyer, 30th January 2020

Source: www.localgovernmentlawyer.co.uk

Ministers reject calls for immediate compensation for infected blood victims – The Guardian

‘Calls for immediate compensation for thousands of victims contaminated by infected NHS blood have been rejected by ministers at a meeting with campaigners and survivors – but more health support may be made available.’

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The Guardian, 28th January 2020

Source: www.theguardian.com

Solicitor rejected for job was victim of age discrimination – Legal Futures

‘An experienced property solicitor was rejected for a job at a law firm despite being the only person interviewed because of age discrimination, an employment tribunal has ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

UK court allows Saudi dissident to sue kingdom over alleged hacking – The Guardian

‘The high court has given a green light to a lawsuit against Saudi Arabia that has been brought by a prominent dissident living in London who has claimed he was the victim of a sophisticated hacking campaign by the kingdom.’

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The Guardian, 23rd January 2020

Source: www.theguardian.com

Director must compensate creditors for cut-price purchase from insolvent company – Law Society’s Gazette

Posted January 23rd, 2020 in company directors, company law, compensation, insolvency, news, valuation by tracey

‘Directors of insolvent companies should not be allowed to buy assets of the business on the cheap, the High Court has ruled. In Systems Building Services Group Limited [2020] EWHC 54 (Ch), the court this week ruled that a director is liable to pay the liquidators of his company money he saved by not placing a house owned by the company on the open market when the company went under.’

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Law Society's Gazette, 22nd January 2020

Source: www.lawgazette.co.uk

Windrush man who served in British army for nine years told there is no record of him – The Independent

Posted January 23rd, 2020 in armed forces, citizenship, colonies, compensation, loans, news by tracey

‘A Windrush man who was told the UK government had no record of him despite having spent nearly a decade serving in the British army says he is struggling to obtain compensation two years on.’

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The Independent, 23rd january 2020

Source: www.independent.co.uk

SRA presses ahead with plan to cut compensation awards – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

BBC pays host Sarah Montague £400,000 over gender pay gap – The Guardian

Posted January 20th, 2020 in BBC, compensation, equality, news, remuneration, sex discrimination, women by sally

‘The radio presenter Sarah Montague has won a £400,000 settlement and an apology from the BBC after complaining about unequal pay and conditions.’

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The Guardian, 20th January 2020

Source: www.theguardian.com