Category: compensation

Latest Instalment in Insurers’ Challenge to CRU Provisions – Ropewalk Chambers

Posted January 22nd, 2021 in asbestos, chambers articles, compensation, damages, employment, industrial injuries, insurance, news by sally

‘In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his earlier judgment dated 20 November 2020 which arose from the Claimants’ challenge to the onerous consequences of the Compensation Recovery Unit scheme, particularly in cases involving long-tail asbestos-related diseases.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

BT faces £600m lawsuit over ‘overcharging’ – BBC News

Posted January 19th, 2021 in compensation, consumer protection, elderly, news, telecommunications by sally

‘BT is facing a class action lawsuit over claims it failed to compensate elderly customers who were overcharged for landlines for years.’

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BBC News, 18th January 2021

Source: www.bbc.co.uk

Supreme Court lowers the bar – Law Society’s Gazette

Posted January 12th, 2021 in class actions, compensation, competition, consumer credit, consumer protection, news, Supreme Court by sally

‘On 11 December, in a long-awaited judgment (and in perhaps unique circumstances), the Supreme Court dismissed Mastercard’s appeal in the “gargantuan” collective action brought by Walter Merricks CBE. In doing so, the court has markedly lowered the bar to be applied at the certification stage for competition collective actions. This judgment will have a significant impact on collective actions – which are still in their relative infancy – for years to come. Merricks’ claim will now return to the Competition Appeal Tribunal (CAT), which will decide again (now with clear guidance from the Supreme Court) whether to certify the claim by granting a collective proceedings order (CPO).’

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Law Society's Gazette, 11th January 2021

Source: www.lawgazette.co.uk

Judge fines trio who provided unregulated legal advice – Legal Futures

Posted January 7th, 2021 in company directors, compensation, fines, immigration, legal advice, legal services, news by tracey

‘Directors from two legal businesses which generated £2.5m in fees by providing unregulated immigration advice have been fined nearly £17,000 and ordered to pay over £28,000 in compensation.’

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Legal Futures, 7th January 2021

Source: www.legalfutures.co.uk

Council wins appeal over finding of negligence over personal injuries suffered by teaching assistant – Local Government Lawyer

Posted January 4th, 2021 in appeals, compensation, damages, employment, health & safety, local government, negligence, news, personal injuries, post-traumatic stress disorder, school children by sally

‘A county council has won an appeal over a ruling that it was liable in negligence for personal injuries suffered by a teaching assistant.’

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Local Government Lawyer, 4th January 2021

Source: www.localgovernmentlawyer.co.uk

Covid-related PI claims “gaining momentum”, warns defendant firm – Litigation Futures

Posted December 18th, 2020 in compensation, coronavirus, employment, health & safety, law firms, news, personal injuries by sally

‘Claims for compensation after being infected with Covid-19 “appear to be gathering some momentum” amid a significant increase in claims farming activity, a leading defendant law firm has warned.’

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Litigation Futures, 17th December 2020

Source: www.litigationfutures.com

Pupils’ historical abuse at London schools claims total £1m – BBC News

Posted December 18th, 2020 in child abuse, children, compensation, news, school children, victims, violence by sally

‘Nearly £1m in compensation has been paid to dozens of former students at two London private schools following historical allegations of abuse.’

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BBC News, 17th December 2020

Source: www.bbc.co.uk

No business interruption decision from Supreme Court until next year – Law Society’s Gazette

Posted December 16th, 2020 in appeals, compensation, coronavirus, financial services ombudsman, insurance, news, Supreme Court by tracey

‘Judgment in an urgent test case to determine whether businesses hit by Covid-19 will receive insurance pay-outs will not be handed down by the Supreme Court until January at the earliest. Five Supreme Court justices heard a case between the Financial Conduct Authority and six insurance companies in November. The dispute concerned business interruption insurance (BII) and the court was asked to rule on provisions in insurance policies relating to disease clauses, prevention of access clauses and hybrid clauses.’

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Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk

Claimants in breast implant case buy cause of action to sue defendant’s lawyers – Litigation Futures

Posted December 16th, 2020 in administrators, barristers, class actions, compensation, cosmetic surgery, costs, damages, debts, insolvency, insurance, law firms, negligence, news, professional conduct, striking out by tracey

‘A leading defendant law firm and a QC have failed to strike out a professional negligence action brought after the claimants in a case they defended acquired their insolvent client’s cause of action.’

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Litigation Futures, 16th December 2020

Source: www.litigationfutures.com

Collective Actions in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted December 14th, 2020 in appeals, banking, chambers articles, class actions, compensation, competition, consumer protection, damages, financial regulation, financial services ombudsman, news, Supreme Court by tracey

‘The big news from today’s UK Supreme Court collective action decision in Mastercard v Merricks [2020] UKSC 51 is not only that Mr Merricks won and defeated the appeal, but that the Supreme Court approached the issues in a far more claimant-friendly way than even the Court of Appeal had done.’

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Competition Bulletin from Blackstone Chambers, 11th December 2020

Source: competitionbulletin.com

Mastercard judgment ‘lowers bar’ for collective action – Law Society’s Gazette

Posted December 14th, 2020 in appeals, banking, class actions, compensation, competition, consumer protection, damages, financial regulation, financial services ombudsman, news, Supreme Court by tracey

‘The Supreme Court’s ruling against Mastercard will make it easier for group damages claims to proceed to trial, commentators have said. However, the card issuer’s solicitors have stressed the “very unusual circumstances” of the judgment, in which justices were divided on key issues.’

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Law Society's Gazette, 11th December 2020

Source: www.lawgazette.co.uk

All Windrush victims to get at least £10,000 – BBC News

Posted December 14th, 2020 in colonies, compensation, deportation, documents, government departments, immigration, news, passports, victims by tracey

‘The government is to give more money to victims of the Windrush scandal, which saw hundreds of people wrongly threatened with deportation.’

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BBC News, 14th December 2020

Source: www.bbc.co.uk

Ombudsman criticises council after cancellation of transport sees teenager with autism miss start of term – Local Government Lawyer

Posted December 7th, 2020 in autism, children, compensation, disabled persons, education, families, local government, news, ombudsmen, school children, transport by sally

‘A council has agreed to pay more than £2,400 in compensation after an investigation from the Local Government and Social Care Ombudsman into the termination of a child’s transport to school.’

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Local Government Lawyer, 4th December 2020

Source: www.localgovernmentlawyer.co.uk

Times pays damages to advocacy group falsely linked to Reading killer – The Guardian

Posted December 7th, 2020 in compensation, damages, defamation, Islam, media, murder, news, terrorism by sally

‘The Times has apologised to the advocacy organisation Cage and agreed to pay it £30,000 in damages for suggesting it was supporting a man who stabbed three people to death in what police said was a terrorist rampage in a Reading park.’

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The Guardian, 4th December 2020

Source: www.theguardian.com

Bolton v Stone Revisited – Ropewalk Chambers

Posted December 4th, 2020 in accidents, appeals, chambers articles, compensation, damages, health & safety, local government, negligence, news, personal injuries, sport by sally

‘The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket pitch in Battersea Park. She was struck in her left eye by a cricket ball, hit from the game of cricket being played on the pitch. Her claim succeeded before Mr Recorder Riza QC, who distinguished Bolton. Stewart J allowed the Defendant’s appeal and dismissed the claim.’

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Ropewalk Chambers, 30th November 2020

Source: www.ropewalk.co.uk

East Yorkshire hospital trust pays millions over child’s brain damage – BBC News

Posted December 4th, 2020 in birth, causing serious physical harm to a child or vulnerable adult, children, compensation, damages, disabled persons, families, hospitals, negligence, news, personal injuries by sally

‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

Posted December 1st, 2020 in abuse of process, choice of forum, class actions, compensation, EC law, enforcement, jurisdiction, news, pollution, stay of proceedings, striking out, water by sally

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

UK government pays out to family of IPP prisoner who killed himself – The Guardian

Posted December 1st, 2020 in bereavement, compensation, families, mental health, news, prisons, sentencing, suicide by sally

‘The family of a prisoner who killed himself after being handed a controversial “never-ending” sentence has received damages from the government in an out-of-court settlement, the Guardian has learned.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Council wins appeal over award of damages to woman hit by cricket ball in park – Local Government Lawyer

Posted November 30th, 2020 in accidents, appeals, compensation, damages, health & safety, local government, news, personal injuries by sally

‘The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.’

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Local Government Lawyer, 27th November 2020

Source: www.localgovernmentlawyer.co.uk

Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

Posted November 27th, 2020 in asbestos, benefits, cancer, compensation, damages, employment, government departments, human rights, industrial injuries, insurance, negligence, news, personal injuries, Supreme Court by tracey

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

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UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com