Copyright in Photographs – Pablo Star Media Ltd v Bowen – NIPC Law

‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the VisitWales.com website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’

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NIPC Law, 15th October 2017

Source: nipclaw.blogspot.co.uk

Couple who faked holiday sickness are jailed – The Guardian

Posted October 16th, 2017 in compensation, fraud, holidays, insurance, news, private prosecutions by sally

‘The government has stepped up attempts to eliminate fake holiday sickness scams, as a middle-aged British couple who had boasted on social media about having “sun, laughter and fun” on their holidays were jailed after making false insurance claims.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

Fining property manager £5k “completely disproportionate”: tribunal judge – Local Government Lawyer

Posted October 6th, 2017 in agency, compensation, fines, landlord & tenant, news, proportionality by tracey

‘A council’s imposition of a £5,000 fine on a property management business for failing to be a member of a redress scheme for three weeks was “unreasonable in the circumstances and completely disproportionate”, a tribunal judge has said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Claimant who sued council over bogus highway accident guilty of contempt – Local Government Lawyer

‘A man who sued Doncaster Metropolitan Borough Council for £10,000, claiming he was injured after tripping in a hole in the payment, has been found guilty of contempt of court and jailed for four months.’

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Local Government Lawyer, 29th September 2017

Source: www.localgovernmentlawyer.co.uk

Calls for public inquiry as £37m compensation agreed for victims of rogue surgeon Ian Paterson – Daily Telegraph

Posted September 28th, 2017 in compensation, doctors, health, inquiries, medical treatment, negligence, news, victims by sally

‘Victims of rogue cancer surgeon Ian Paterson yesterday called for a public inquiry into the regulation of private doctors as a High Court judge approved a £37 million compensation package for hundreds of people who suffered at his hands.’

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Daily Telegraph, 27th September 2017

Source: www.telegraph.co.uk

Damages for Surrogacy Costs are Recoverable: A High Court Decision – Zenith PI Blog

Posted September 20th, 2017 in compensation, damages, news, surrogacy by sally

‘In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the difficult issue of damages for surrogacy costs.’

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Zenith PI Blog, 19th September 2017

Source: zenithpi.wordpress.com

Lack of compensation for child sexual abuse victims ‘unacceptable’ – The Guardian

Posted September 20th, 2017 in child abuse, compensation, consent, news, sexual offences by sally

‘The children’s commissioner for England has condemned draft government rules that mean children as young as 12 could miss out on compensation because they “consented” to their own sexual abuse.’

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The Guardian, 19th September 2017

Source: www.theguardian.com

Holiday fall gran accused of being ‘too tipsy’ for payout wins £30,000 compensation – Daily Telegraph

Posted September 20th, 2017 in alcohol abuse, compensation, holidays, news, personal injuries by sally

‘A grandmother accused of being “staggering drunk” and wearing “silly shoes” when she fell over while holidaying on a Greek island has won over £30,000 compensation.’

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Daily Telegraph, 19th September 2017

Source: www.telegraph.co.uk

Ryanair faces 20m euro compensation bill over cancellations – BBC news

Posted September 19th, 2017 in airlines, compensation, news by tracey

‘Ryanair could face up to 20m euros (£18m) in compensation claims after cancelling thousands of flights due to a shortage of pilots, it has warned.’

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BBC News, 18th September 2017

Source: www.bbc.co.uk

MPs given early chance to scrutinise discount rate reform legislation – Litigation Futures

‘The justice select committee has accepted an invitation by the Ministry of Justice (MoJ) to undertake pre-legislative scrutiny of the draft legislation to reform the discount rate.’

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Litigation Futures, 18th September 2017

Source: www.litigationfutures.com

Teenagers convicted of homophobic hate crime – Crown Prosecution Service

‘Three teenagers who pleaded guilty to attacking two passengers on a train because of their sexuality have today been jailed. The three male youths, two aged 16 and one aged 17, were each sentenced to six months in prison at Uxbridge Magistrates’ Court on 14 September, after admitting violent disorder and, in one case, possession of an offensive weapon.’

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Crown Prosecution Service, 14th September 2017

Source: www.cps.gov.uk

Ombudsman upholds third complaint against council over support for boy with SEN – Local Government Lawyer

Posted September 15th, 2017 in compensation, complaints, local government, news, ombudsmen, special educational needs by tracey

‘The Local Government and Social Care Ombudsman has criticised a London borough over repeated failures in relation to a boy with special educational needs, in a case where at one stage a council decision-making may have acted illegally when it withdrew support.’

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Local Government Lawyer, 14th September 2017

Source: localgovernmentlawyer.co.uk

Revised UK child sexual ‘consent’ rules provoke backlash – The Guardian

Posted September 15th, 2017 in child abuse, compensation, consent, news, sexual offences by tracey

‘Sexually abused children as young as 12 could still be refused compensation by a government body on the grounds that they “consented,” under revised rules seen by the Guardian.’

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The Guardian, 14th September 2017

Source: www.theguardian.com

Ian Paterson: Spire Healthcare to pay out £27.2m to victims of rogue breast surgeon – Daily Telegraph

Posted September 14th, 2017 in compensation, health, insurance, medical treatment, news, victims by tracey

‘Hundreds of NHS patients who suffered at the hands of rogue cancer surgeon Ian Paterson will have been paid more in compensation for their trauma than his private patients, it has emerged. Around 750 private patients operated on by the disgraced surgeon will receive a total of £37.2 million for the physical and psychological pain they suffered undergoing unnecessary treatment, it was announced yesterday.’

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Daily Telegraph, 13th September 2017

Source: www.telegraph.co.uk

Judges order fresh hearing in row over damage caused by protected tree – Local Government Lawyer

Posted September 13th, 2017 in appeals, compensation, local government, news, trees, tribunals by tracey

‘The Upper Tribunal (Lands Chamber) must reconsider a case in which it awarded compensation of £25,000 against South Gloucestershire Council over damage caused by an oak made subject to a tree preservation order (TPO), the Court of Appeal has ruled.’

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Local Government Lawyer, 13th September 2017

Source: localgovernmentlawyer.co.uk

MoD paid £750,000 on legal fees denying responsibility for soldier deaths – The Guardian

Posted September 12th, 2017 in armed forces, compensation, duty of care, fees, government departments, negligence, news by tracey

‘The UK government spent more than £750,000 on lawyers’ fees trying to deny responsibility for the deaths of soldiers killed in lightly armoured Snatch Land Rovers, a freedom of information request has revealed.’

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The Guardian, 12th September 2017

Source: www.theguardian.com

Paedophile aged 102 sentenced for abusing five-year-old girl in the 1970s – The Independent

Posted September 12th, 2017 in compensation, costs, elderly, news, sentencing, sexual offences, suspended sentences, victims by tracey

‘A 102-year-old man has been sentenced for sexually abusing a young girl from the age of five in the 1970s. A judge suspended Douglas Hammersley’s two-year prison sentence but ordered him to pay his victim £25,000 compensation within 21 days.’

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The Independent, 11th September 2017

Source: www.independent.co.uk

Fatal accident damages: a recent case: life expectancy; damages for loss of services & loss of care & attention – Zenith PI

Posted September 11th, 2017 in accidents, compensation, damages, expert witnesses, health, judges, news, personal injuries, widows by tracey

‘In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.’

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Zenith PI, 10th September 2017

Source: zenithpi.wordpress.com

Abused children ‘refused compensation’ over consent – BBC News

Posted September 11th, 2017 in child abuse, compensation, consent, freedom of information, news, sexual grooming, victims by tracey

‘A woman sexually abused as a child by a grooming gang leader was told by a government body she “consented” to it. Sammy Woodhouse was initially denied compensation by the Criminal Injuries Compensation Authority (CICA) which said she was not “manipulated”. A Freedom of Information request revealed she is one of nearly 700 child victims of sexual abuse, including grooming, to be refused payments.’

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BBC News, 11th September 2017

Source: www.bbc.co.uk

A good day for defendants – lawyers react to discount rate reform and NAO report – Litigation Futures

Posted September 8th, 2017 in compensation, costs, insurance, negligence, news, personal injuries by tracey

‘Yesterday’s announcement of how the Ministry of Justice intends to reform the discount rate and publication of the National Audit Office’s (NAO) report on clinical negligence claims drew predictably opposing responses from claimant and defendant groups.’

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Litigation Futures, 8th September 2017

Source: www.litigationfutures.com