Home Office unlawfully imprisoned asylum seekers, supreme court rules – The Guardian

‘The Home Office “falsely imprisoned” many asylum seekers who are now entitled to damages for their loss of liberty at the hands of the government, five supreme court judges have ruled.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

Case Comment: Edwards on behalf of the Estate of the late Thomas Arthur Watkins v Hugh James Ford Simey Solicitors [2019] UKSC 54 – UKSC Blog

‘In a unanimous judgment, the Supreme Court has dismissed an appeal by a firm of solicitors in relation to a professional negligence claim concerning alleged under-settlement of a coal miner’s personal injury claim in 2003. The Supreme Court found that, since medical evidence of the nature subsequently obtained in the context of the professional negligence claim would not have been obtained in 2003, it should not be admissible when assessing the extent of the Claimant’s loss in the professional negligence claim. In reaching its decision, and unlike the Court of Appeal, it did not give its general views on the admissibility of evidence that would not have been available at the time of the original underlying claim.’

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UKSC Blog, 26th November 2019

Source: ukscblog.com

Review launched into Government’s compensation scheme for families of British people murdered overseas – Daily Telegraph

‘A review is under way into the Government’s compensation scheme for families of British people murdered outside the UK and the European Union.’

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Daily Telegraph, 24th November 2019

Source: www.telegraph.co.uk

Universities braced for compensation claims as reveal plans to limit the impact of lecturers’ strikes – Daily Telegraph

Posted November 22nd, 2019 in compensation, industrial action, news, universities by sally

‘Universities are braced for compensation claims as reveal their plans to limit the impact of lecturers’ strikes.’

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Daily Telegraph, 21st November 2019

Source: www.telegraph.co.uk

Teacher sacked over gay dating app activity wins £700,000 payout – The Guardian

‘A primary school headteacher who was sacked after having sex with two 17-year-old boys he met through a gay dating app has been awarded nearly £700,000 compensation by a tribunal.’

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The Guardian, 15th November 2019

Source: www.theguardian.com

Child abuse victims should have right to sue paedophiles caught with images of them, children charities say – Daily Telegraph

‘Child abuse victims should be given new rights to sue paedophiles caught viewing or sharing indecent images of them, children charities have said.’

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Daily Telegraph, 17th November 2019

Source: www.telegraph.co.uk

Victims of bank transfer scams risk being left unprotected – The Guardian

Posted November 15th, 2019 in banking, codes of practice, compensation, fraud, news, victims by sally

‘Bank transfer scam victims risk being left unprotected from January after the industry failed to agree a plan to compensate people. More than £1m a day is being lost to scams in which people are duped into authorising a payment to an account controlled by a criminal. The failure to agree a protection plan may make it more likely that the next government will step in.’

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The Guardian, 15th December 2019

Source: www.theguardian.com

Windrush victim dies without compensation or apology – The Guardian

‘Another prominent Windrush victim has died without receiving compensation or a personal apology from the government. Hubert Howard died on Tuesday, just three weeks after finally being granted British citizenship, 59 years after he arrived in London aged three.’

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The Guardian, 12th November 2019

Source: www.theguardian.com

Thomas Cook collapse leaves PI claimants unprotected – Litigation Futures

Posted November 8th, 2019 in compensation, holidays, news, personal injuries by sally

‘The government has pledged to set up a statutory compensation scheme for people making personal injury claims against failed holiday company Thomas Cook after it emerged the firm mainly self-insured them.’

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Litigation Futures, 7th November 2019

Source: www.litigationfutures.com

Anna Wilkinson discusses Failing to disclose credit cards amounts to fundamental dishonesty in credit hire claim – Park Square Barristers

‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’

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Park Square Barristers, 31st October 2019

Source: www.parksquarebarristers.co.uk

Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette

Posted November 7th, 2019 in appeals, compensation, damages, employment, evidence, news, personal injuries, remuneration by sally

‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’

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Law Society's Gazette, 7th November 2019

Source: www.lawgazette.co.uk

Mixed race soldier sues MoD for £100,000 amid claims colleagues put up ‘racist’ posters at army base and nicknamed him Apu, High Court hears – Daily Telegraph

‘A mixed race soldier is suing the MoD for £100,000 amid claims he was bullied after colleagues put up “racist” posters at an army base and nicknamed him Apu, the High Court has heard.’

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Daily Telegraph, 6th November 2019

Source: www.telegraph.co.uk

Litigation funding agreements are not DBAs, tribunal rules – Litigation Futures

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), the Competition Appeal Tribunal has ruled.’

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Litigation Futures, 4th November 2019

Source: www.litigationfutures.com

EPA prosecutions and costs – Nearly Legal

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

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Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk

MoJ: No change to whiplash reform timetable – Legal Futures

‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’

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Legal Futures, 1st November 2019

Source: www.legalfutures.co.uk

New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers

‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’

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Park Square Barristers, 14th October 2019

Source: www.parksquarebarristers.co.uk

ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers

Posted October 30th, 2019 in appeals, compensation, damages, hospitals, insurance, negligence, news, proportionality by sally

‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’

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No. 5 Chambers, 10th October 2019

Source: www.no5.com

Bath Hill Court v Coletta [2019] EWCA CIV 1707 – Old Square Chambers

‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’

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Old Square Chambers, 17th October 2019

Source: www.oldsquare.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com