Executive wins age discrimination case after being called ‘old fossil’ unable to manage millennials – Daily Telegraph

Posted January 24th, 2023 in age discrimination, compensation, employment tribunals, news by sally

‘A senior executive at a FTSE 250 company who was previously told by his younger boss he was an “old fossil” who “did not know how to manage millennials” has won an age discrimination case.’

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Daily Telegraph, 24th January 2023

Source: www.telegraph.co.uk

Girl who had limbs amputated after hospital mistake wins seven-figure payout – The Independent

Posted January 23rd, 2023 in children, compensation, families, health, hospitals, negligence, news, personal injuries by tracey

‘A girl who had all four of her limbs amputated after she was wrongfully discharged from hospital has won a multimillion-pound payout.’

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The Independent, 22nd January 2023

Source: www.independent.co.uk

Former Royal Marine seeks £1.5m in damages over hearing loss – BBC News

‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’

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BBC News, 19th January 2023

Source: www.bbc.co.uk

A5 Milton Keynes: Flooded road crash victim’s partner agrees pay-out – BBC News

Posted January 13th, 2023 in accidents, bereavement, compensation, damages, families, inquests, news, road safety, roads by tracey

‘The partner of a woman who died in a crash after driving into standing water on a main road has agreed an £850,000 settlement with Highways England, a court heard.’

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BBC News, 12th January 2023

Source: www.bbc.co.uk

Paddleboarder who hit boy in Bristol park sentenced – BBC News

Posted January 13th, 2023 in assault, children, compensation, news, sentencing, suspended sentences by tracey

‘A woman who attacked a 12-year-old boy with a paddle has been given a suspended sentence.’

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BBC News, 12th January 2023

Source: www.bbc.co.uk

Council to pay compensation to family after ‘unprofessional’ conduct by care provider – Local Government Lawyer

‘A Local Government and Social Care Ombudsman report has revealed that a care provider commissioned by Cambridgeshire County Council failed to alert a late woman’s family of her deteriorating health and did not contact medical help.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Solicitor can sue ex-firm for misuse of private WhatsApp messages – Legal Futures

‘A High Court master has rejected what he described as a law firm owner’s attempt to “stifle” a misuse of private information (MPI) claim by a junior solicitor he dismissed by applying to have her case struck out.’

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Legal Futures, 11th January 2023

Source: www.legalfutures.co.uk

Large award of damages and/or equitable compensation ordered against the perpetrators of a labour supply fraud (Umbrella Care Ltd v Nisa and ors) – Gatehouse Chambers

Posted January 10th, 2023 in chambers articles, company directors, compensation, damages, fraud, news, taxation by sally

‘Dispute Resolution analysis: A large award of damages and/or equitable compensation has been made against the directors and connected companies of a company which was used to perpetrate a large scale labour supply fraud against HMRC.’

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Gatehouse Chambers, 21st December 2022

Source: gatehouselaw.co.uk

BrewDog boss pays almost £500k to unhappy ‘solid gold’ beer can winners – The Guardian

Posted January 10th, 2023 in advertising, compensation, complaints, news, standards by sally

‘The chief executive of BrewDog has paid out almost £500,000 from his own pocket to winners of a bungled “solid gold” beer can promotion which he has admitted made the controversial brewer look “dishonest and disingenuous”.’

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The Guardian, 9th January 2023

Source: www.theguardian.com

The use and abuse of the Rehabilitation Code in liability disputed cases – Exchange Chambers

‘The benefits of rehabilitation are well known. Numerous academic studies have demonstrated its importance and the net economic benefit (to both society and insurers) from its early introduction and funding. Despite that, many insurers continue to take a hostile and unsupportive attitude driven, perhaps, by a suspicion that a claimant will seek to introduce care, therapies, equipment or accommodation that might somehow increase the value of any eventual claim. I don’t believe that to be the case. In fact, my own experience is strongly that those insurers and defendant solicitors who actively support and fund early rehabilitation (and it is right to highlight that many do), even when liability is disputed, invariably end up achieving an earlier settlement with a costs saving and, on occasions, a saving in damages arising from the better recovery enjoyed by the claimant.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Cambridgeshire County Council to pay compensation over ‘unprofessional’ carer – BBC News

‘Cambridgeshire County Council is to compensate the family of a woman whose carer “wailed” on the floor after she was told of her client’s death.’

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BBC News, 9th January 2023

Source: www.bbc.co.uk

Can the tables ever be turned: when can professionals sue their clients for breaching duties to them? by Helen Evans KC – 4 New Square Chambers

‘When professionals are sued, it’s not unusual for them to make an assertion that their clients were “up to something”, or to complain that they had provided wilfully misleading or incomplete instructions.’

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4 New Square Chambers, 7th December 2022

Source: www.4newsquare.com

Teenage girl awarded £25k compensation after assault at school – Local Government Lawyer

Posted January 6th, 2023 in assault, compensation, duty of care, news, school children, sentencing, sexual offences by tracey

‘A teenage girl has been awarded £25,000 in compensation after she suffered sexual assault at school by a boy who had been moved from another school where he was under police investigation for similar alleged criminal offences.’

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Local Government Lawyer, 6th January 2023

Source: www.localgovernmentlawyer.co.uk

Government claims more than £130 million after suing pandemic gown supplier – The Independent

‘Lawyers say the Government is claiming more than £130 million after suing a firm at the centre of a row over the supply of personal protective equipment during the coronavirus pandemic.’

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The Independent, 5th January 2023

Source: www.independent.co.uk

What the latest employment tribunal statistics reveal – Mills & Reeve

‘The Government published the latest quarterly and annual statistics last month. We explore what they reveal about the volume of claims and levels of compensation.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Diabetic nurse sacked for taking medication from GP surgery wins £40,000 payout – The Independent

Posted January 5th, 2023 in compensation, dismissal, medicines, news, nurses, professional conduct by sally

‘A diabetic nurse who took medication from the GP surgery where she worked to avoid a hypoglycemic attack was awarded £40,000 after they sacked her.’

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The Independent, 4th January 2023

Source: www.independent.co.uk

Case Comment: Khan v Meadows [2021] UKSC 21 – UKSC Blog

‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’

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UKSC Blog, 4th January 2023

Source: ukscblog.com

Council told to pay over £7k after failing to provide alternative education for autistic boy – Local Government Lawyer

‘An investigation by the Local Government and Social Care Ombudsman has found that Oxfordshire County Council failed to provide alternative education for a boy with autism for a year.’

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Local Government Lawyer, 15th December 2022

Source: www.localgovernmentlawyer.co.uk

High court rejects costs setoff in QOCS claim – Law Society’s Gazette

Posted December 16th, 2022 in accidents, compensation, costs, damages, news, part 36 offers, personal injuries by tracey

‘The High Court rejected a defendant’s bid to escape the full rigour of the qualified one-way costs shifting (QOCS) regime in a ruling handed down this week.’

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Law Society's Gazette, 15th December 2022

Source: www.lawgazette.co.uk