Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk

‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’

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12 King's Bench Walk, 9th October 2020

Source: www.12kbw.co.uk

A higher test of necessity for arrest? – UK Police Law Blog

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

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UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers

Posted October 28th, 2020 in accidents, appeals, chambers articles, compensation, costs, housing, news, personal injuries by sally

‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’

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Henderson Chambers, 12th October 2020

Source: www.hendersonchambers.co.uk

Windrush man wrongly classified as illegal immigrant left destitute for a year – The Guardian

‘An electrician who was wrongly classified as being an illegal immigrant, despite living in London for more than 45 years, was destitute as he waited a year for the Windrush taskforce to decide on his application to stay in the UK, the parliamentary ombudsman has ruled.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

What Should Reparations For Slavery Look Like? – Each Other

‘The debate around reparations for colonialism and slavery has often been an explosive one. It is often dismissed as far removed from reality, relating to events in the distant past. But the legacy and consequences of colonialism are material, living, and breathing – which makes debates around colonial restitution as relevant now as they have ever been, argues Nadine Batchelor-Hunt.’

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Each Other, 22nd October 2020

Source: eachother.org.uk

Ombudsman report finds council wrongly accused woman of using abusive language, stopped Care Act assessment – Local Government Lawyer

‘The Royal Borough of Greenwich has been told by the Local Government and Social Care Ombudsman that it need not compensate a woman it wrongly accused of using abusive language to a staff member.’

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Local Government Lawyer, 21st October 2020

Source: www.localgovernmentlawyer.co.uk

Grenfell personal injury claims – factual horror, legal interest and less obvious wellbeing implications – Doughty Street Chambers

‘The actions brought by survivors of the Grenfell disaster came to the High Court for the first time on Friday 2 October with judgment handed down on 14 October: De Costa & Ors v London Fire Commissioner & Ors [2020] EWHC 2718 (QB).’

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Doughty Street Chambers, 15th October 2020

Source: insights.doughtystreet.co.uk

Court orders costs repayment after client did not consent to deduction – Law Society’s Gazette

‘Fee-recovery lawyers say millions of clients could stand to benefit from a court judgment which reduced legal fees deducted from compensation.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk

Number of motor claims stays low over last three months – Litigation Futures

Posted October 21st, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The collapse in new motor injury claims seen during lockdown continued in the following three months, despite more cars returning to the road.’

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Litigation Futures, 20th October 2020

Source: www.litigationfutures.com

PI firms face deluge of costs claims after High Court ruling – Legal Futures

Posted October 19th, 2020 in compensation, costs, law firms, news, personal injuries by sally

‘Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a landmark High Court ruling.’

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Legal Futures, 19th October 2020

Source: www.legalfutures.co.uk

Windrush report author attacks Home Office’s response – The Guardian

Posted October 15th, 2020 in citizenship, colonies, compensation, diversity, government departments, news, reports by tracey

‘The Home Office has failed to make adequate progress in reviewing its hostile environment policies and must swiftly prove that it is not merely paying “lip service” to the idea of reform, the author of a damning report into the Windrush scandal has told MPs.’

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The Guardian, 14th October 2020

Source: www.theguardian.com

Watchdog warns Home Office must use ‘neutral language’ after outrage over ‘activist lawyers’ tweet – The Independent

‘A Home Office watchdog has said the department must use “neutral language” after its repeated use of the term “activist lawyer” prompted outrage.’

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The Independent, 15th October 2020

Source: www.independent.co.uk

Met police pay compensation to man fathered by undercover officer – The Guardian

Posted October 8th, 2020 in compensation, news, paternity, police, psychiatric damage, spying by tracey

‘Force pays confidential sum to man who discovered at the age of 26 that his father, Bob Lambert, was a police officer rather than a leftwing activist.’

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The Guardian, 7th October 2020

Source: www.theguardian.com

Muslim man wins UK tribunal case over Cognac raffle switch – The Guardian

‘A Muslim man who worked at a country house hotel has successfully sued his employer for religious harassment after he won a bottle of Cognac in a raffle at a staff party but was given a “cheap” box of chocolates instead.’

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The Guardian, 24th September 2020

Source: www.theguardian.com

Solicitor who raided client’s estate to pay debts is struck off – Legal Futures

‘A solicitor who used £100,000 from a client’s estate to pay debts to HM Revenue & Customs and an indemnity insurer before closing his firm has been struck off.’

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Legal Futures, 16th September 2020

Source: www.legalfutures.co.uk

ABI: Claims dived during lockdown but their value went up – Litigation Futures

Posted September 7th, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The number of motor insurance claims notified to insurers in the second quarter of 2020 fell by nearly half, but their value leapt by 31%, according to the Association of British Insurers (ABI).’

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Litigation Futures, 4th September 2020

Source: www.litigationfutures.com

Oxford Union: Blind student removed from debate compensated – BBC News

‘A blind student who was “violently” removed from the Oxford Union debating society has been paid compensation.’

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BBC News, 2nd September 2020

Source: www.bbc.co.uk

Competition watchdog takes enforcement action over leaseholds – The Guardian

‘The competition watchdog has launched enforcement action against four of the UK’s leading housing developers – Barratt, Persimmon, Taylor Wimpey and Countryside Properties – after an investigation uncovered evidence that leasehold homeowners and prospective buyers were being misled and charged excessive fees.’

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The Guardian, 4th September 2020

Source: www.theguardian.com

Lyum Roy Campbell (a protected party by his father & litigation friend Donald Campbell) v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) – Parklane Plowden Chambers

‘In this case the court considered the issues of capacity, consent and contributory negligence following a road traffic accident wherein the Claimant, Lyum Roy Campbell, suffered very severe injuries, having allowed himself to be driven by a friend who was intoxicated.’

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Parklane Plowden Chambers, 21st August 2020

Source: www.parklaneplowden.co.uk

Tribunal upholds award to age discrimination job interview solicitor – Law Society’s Gazette

‘The employment tribunal has declined to change its compensation award made to a solicitor who claimed age discrimination when he was turned down for a job.’

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Law Society's Gazette, 27th August 2020

Source: www.lawgazette.co.uk