The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

Posted April 9th, 2021 in accidents, chambers articles, compensation, damages, news, personal injuries by sally

‘Details of the new SCT RTA Protocol[1] (‘the Protocol’) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (‘the Whiplash Regulations’) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

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12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

QC’s opinion “crudely altered” to mislead third party, court finds – Legal Futures

‘A QC’s opinion was dishonestly altered to reassure a third party charged with marketing an investment scheme that eventually collapsed, the High Court has found.’

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Legal Futures, 7th April 2021

Source: www.legalfutures.co.uk

Airport ordered to pay compensation to home owners over noise – The Independent

Posted April 1st, 2021 in airports, compensation, news, noise by tracey

‘A court has ordered that London Southend Airport should pay a total of £86,500 in compensation to owners of nine neighbouring homes who say their values were diminished by noise following a runway extension.’

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The Independent, 31st March 2021

Source: www.independent.co.uk

Appeal court ruling to reopen “thousands” of flight delay claims – Litigation Futures

Posted March 31st, 2021 in airlines, compensation, delay, news by tracey

‘The Court of Appeal has opened the way for “thousands” of flight delay claims after ruling that a pilot’s sickness just before a flight took off was not a reason to refuse compensation.’

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Litigation Futures, 31st March 2021

Source: www.litigationfutures.com

Trial delays continue to lengthen across civil courts – Litigation Futures

‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’

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Litigation Futures, 23rd March 2021

Source: www.litigationfutures.com

FCA urged to act as sub-prime lender bids to cap compensation payouts – The Guardian

Posted March 18th, 2021 in compensation, consumer protection, financial regulation, loans, news by sally

‘Consumer campaigners are urging the government and the City regulator to intervene in a rescue scheme proposed by the sub-prime lender Amigo, saying it could enrich the firm’s directors while some of Britain’s poorest borrowers miss out on up to £1bn in compensation.’

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The Guardian, 18th March 2021

Source: www.theguardian.com

Julie Burchill agrees to pay Ash Sarkar ‘substantial damages’ in libel case – The Guardian

Posted March 16th, 2021 in compensation, defamation, Islam, media, news, racism by tracey

‘The columnist Julie Burchill has apologised to the activist and journalist Ash Sarkar, and agreed to pay her “substantial damages”, after a series of social media posts in which she accused Sarkar of being an Islamist, a hypocrite and worshipping a paedophile.’

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The Guardian, 16th March 2021

Source: www.theguardian.com

EasyJet pays compensation to woman asked to move by ultra-Orthodox Jewish men – The Guardian

Posted March 11th, 2021 in airlines, compensation, Judaism, news, sex discrimination by sally

‘EasyJet has paid compensation to a British-Israeli woman who was asked to change seats on a flight from Tel Aviv after ultra-Orthodox Jewish men objected to sitting next to her.’

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The Guardian, 10th March 2021

Source: www.theguardian.com

Litigation funding agreements are not DBAs, Court of Appeal judges confirm – Litigation Futures

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), three Court of Appeal judges – albeit sitting in the Divisional Court – have decided.’

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Litigation Futures, 8th March 2021

Source: www.litigationfutures.com

Widow sues NHS over deaf husband’s ‘diabolical’ care – The Guardian

‘A woman is taking legal action against an NHS trust over the “diabolical” and discriminatory treatment of her profoundly deaf husband, who died of cancer in May last year.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Surgeons fear wave of lawsuits over delays to cancer treatment – The Guardian

Posted March 8th, 2021 in cancer, compensation, coronavirus, delay, doctors, hospitals, medical treatment, news by tracey

‘The NHS is facing what doctors fear is “a legal storm” of claims for compensation from patients who could not get cancer treatment during the pandemic. Leading cancer surgeons are warning that patients who could not have surgery at the planned time, or a scan, or see their GP because of Covid-related disruption to services may sue if their cancer subsequently spread.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

‘Not a mini-trial’: Supreme Court explains the correct approach in jurisdiction challenges – Littleton Chambers

‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days.”‘

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Littleton Chambers, 3rd March 2021

Source: littletonchambers.com

A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers

‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’

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No. 5 Chambers, 1st March 2021

Source: www.no5.com

Cauda Equina Syndrome and Referrals for Investigations: High Court Rejects Claim for Delayed Scan – Ropewalk Clinical Negligence Blog

‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’

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Ropewalk Clinical Negligence Blog, 25th February 2021

Source: www.ropewalk.co.uk

Priti Patel bullying case dropped after civil servant receives undisclosed settlement – The Independent

‘Home secretary Priti Patel is coming under intense pressure to reveal how much taxpayers’ money was spent on settling a bullying claim from her former top civil servant, who dropped an employment tribunal case after receiving a sum believed to run into six figures.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

Regulation is not an À la Carte menu: insights from the Uber judgment – by Valerio De Stefano – UK Labour Law

‘If we had to pick one among the many enlightening statements from the UK Supreme Court’s judgment in Uber, it would be this. It perfectly captures both the gist of the case at hand and the substance of the whole global debate on platform work. From the outset, the narrative driven by platforms was based on the notion that they were something entirely new in our societies. They were introducing entirely novel work models, made possible by technology, which could not be subject to the same regulation that traditional businesses had to observe. Their business model was not compatible with existing labour protection systems, and they would be instead the best positioned to determine which kind of protection they could grant to workers (only – they would not call them “workers”, but “drivers”, “partners”, “taskers”, “riders”, etc.).’

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UK Labour Law, 2nd March 2021

Source: uklabourlawblog.com

British Gymnastics faces group-claim lawsuit from 17 alleging abuse – The Guardian

‘British Gymnastics is facing an unprecedented group-claim lawsuit from 17 former gymnasts, who allege there was widespread physical and psychological abuse deployed by coaches on children as young as six as part of a “win at all costs” mentality in the sport.’

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The Guardian, 26th February 2021

Source: www.theguardian.com

Chelsea Brooke-Ward discusses: Uber BV and others v Aslam and Others – Park Square Barristers

Posted February 25th, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘In a landmark decision the Supreme Court has ruled that The Central London Employment Tribunal, and the Court of Appeal were correct to find that the Claimant Uber drivers were “workers”, rather than independent contractors. ‘Whether a contract is a ‘worker’s contract’ is a matter of statutory interpretation, not contractual interpretation. That involves taking a purposive approach which, in the employment context, is to protect those who are vulnerable as a result of their subordination to, and dependence upon, another person in relation to their work. In the case of Uber, the employment tribunal’s findings on the relative degree of control exercised by Uber and drivers respectively over the service provided to passengers justified its conclusion that the drivers were workers,’ according to the Supreme Court.’

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Park Square Barristers, 24th February 2021

Source: www.parksquarebarristers.co.uk

Uber BV v Aslam and Others – Old Square Chambers

Posted February 25th, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘In a landmark judgment which will have wide-ranging implications for workers and employers in the gig economy, the Supreme Court has upheld an employment tribunal’s decision that Uber drivers were workers and therefore entitled to the minimum wage, statutory annual leave and protection from detriment under the Employment Rights Act 1996.’

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Old Square Chambers, 19th February 2021

Source: oldsquare.co.uk

Mischief Wrought by Stephen Sedley – London Review of Books

Posted February 25th, 2021 in compensation, health & safety, human rights, news by sally

‘The​ United Kingdom has in recent years been blighted by a compensation culture generated by health and safety legislation and human rights laws and promoted by well-paid legal aid lawyers and credulous judges. We know these to be facts because newspapers and electronic media have exposed them fearlessly. David Cameron, when he was prime minister, was so concerned about the situation that he appointed the veteran Tory politician and entrepreneur Lord Young to report on the state of health and safety legislation and “the rise of the compensation culture over the last decade”. Young reported that the problem, fuelled as it was by media stories, was “one of perception rather than reality”. Nothing daunted, the prime minister wrote in his foreword to the report: “A damaging compensation culture has arisen …”‘

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London Review of Books, 4th March 2021

Source: www.lrb.co.uk