European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

Full story

The Independent, 3rd October 2014

Source: www.independent.co.uk

Seaham rabbit torturers spared prison – BBC News

Posted October 6th, 2014 in animal cruelty, community service, compensation, internet, news, sentencing by sally

‘Two men who posed naked in the bath with a pet rabbit before torturing and killing it have been spared jail.’

Full story

BBC News, 3rd October 2014

Source: www.bbc.co.uk

Gerry McCann attacks ‘disgraceful’ Sunday Times after £55k libel payout – The Guardian

Posted October 3rd, 2014 in compensation, defamation, media, missing persons, news by tracey

‘Gerry McCann, the father of missing Madeleine, has accused the Sunday Times of behaving “disgracefully”, after winning a libel payout from the newspaper in a case he believes proves how little the industry has changed following the phone-hacking scandal. McCann and his wife Kate were handed £55,000 in libel damages from the Murdoch-owned paper over a front page story which alleged that the couple had deliberately hindered the search for their daughter, who went missing in Portugal seven years ago.’

Full story

The Guardian, 2nd October 2014

Source: www.guardian.co.uk

New whiplash and PPI claim rules – Ministry of Justice

‘The latest stages of the government’s work on compensation claims take effect today (Wednesday 1 October 2014) with new measures around whiplash and PPI claims.’

Full press release

Minsitry of Justice, 1st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Medical compensation ‘outstripping public finances’ – Law Society’s Gazette

Posted October 2nd, 2014 in compensation, damages, health, negligence, news by tracey

‘Medical defendants have warned that public finances will not be able to cope unless clinical negligence compensation is radically reformed.’

Full story

Law Society’s Gazette, 2nd October 2014

Source: www.lawgazette.co.uk

How October 1 will change your life – Daily Telegraph

‘As a number of new laws come into effect this week, we take a look at how your life will be affected.’

Full story

Daily Telegraph, 1st October 2014

Source: www.telegrpah.co.uk

Treasury ordered to pay £142,000 to ‘whistleblower’ former civil servant – The Guardian

‘The Treasury has been ordered to pay £142,000 to a former senior civil servant after refusing to carry out a previous tribunal’s ruling that he should be found another job.’

Full story

The Guardian, 29th September 2014

Source: www.guardian.co.uk

Compensation for Injury to Feelings Taxable – No. 5 Chambers

Posted September 25th, 2014 in age discrimination, compensation, HM Revenue & Customs, news, taxation, tribunals by sally

‘Anthony Korn reports on the recent judgment of First Tier Tribunal Tax Chamber in Moorthy v The Commissioners for Her Majesty’s Revenue and Customs (TCO3952).’

Full story

No. 5 Chambers, 19th September 2014

Source: www.no5.com

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc – WLR Daily

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch); [2014] WLR (D) 400

‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

Metropolitan police agrees payout over alleged race-discrimination case – The Guardian

‘The Metropolitan police has agreed to pay £120,000 in damages in an alleged race-discrimination case where seven officers were accused of assaulting a black motorist.’

Full story

The Guardian, 18th September 2014

Source: www.guardian.co.uk

A bold new vision for the treatment of victims – Ministry of Justice

‘Victims’ rights will be enshrined in law as part of a major set of reforms announced by Justice Secretary Chris Grayling today.’

Full press release

Ministry of Justice, 14th September 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Children’s care homes abuse claims increase to 13 – BBC News

‘An investigation into abuse at a children’s care home has been widened to include other establishments.’

Full story

BBC News, 12th September 2014

Source: www.bbc.co.uk

Deceased’s Sudden Death During Stillborn Birth: Clinical Quantification? – Zenith PI Blog

Posted September 10th, 2014 in bereavement, birth, compensation, damages, medical treatment, midwives, negligence, news by sally

‘In a case reported on Lawtel yesterday, the Claimant mother and sister received £160,000 in an out of court settlement following the sudden death of the deceased (‘X’) during the delivery of her stillborn baby in December 2010. The Claimants suffered a traumatic bereavement resulting in post-traumatic stress disorder. The settlement included a dependency claim for the deceased’s son.’

Full story

Zenith PI Blog, 9th September 2014

Source: www.zenithpi.wordpress.com

Hedonic regression and relativity – NearlyLegal

Posted September 8th, 2014 in compensation, enfranchisement, leases, news, tribunals by sally

‘The question of the use of hedonic regression in the calculation of relativity is, I suspect, not breakfast table conversation for some of our readers even if it would appear that in the bars of Chelsea they talk of nothing else. The Upper Tribunal’s decision in Re: 47 Phillimore Gardens (available on the Upper Tribunal website) is all about exactly that topic and I think it is an important one. I will therefore try to unpack with my apologies to those readers for whom most of this is obvious.’

Full story

NearlyLegal, 4th September 2014

Source: www.nearlylegal.co.uk

FOS respondents still at risk of further action despite Clark v In Focus ruling – Commercial Disputes Blog

Posted September 1st, 2014 in appeals, arbitration, compensation, complaints, financial services ombudsman, news by sally

‘When Lady Justice Arden handed down her judgment in the Court of Appeal case of Clark v In Focus, she held that a complainant cannot accept an Ombudsman’s award at the statutory maximum (currently £150,000) and sue in court for the balance of their redress if it exceeds that limit. We hoped in vain that that would be the final word on the issue.’

Full story

Commercial Disputes Blog, 28th August 2014

Source: www.rpc.co.uk

Compensation in Financial Remedies Cases – Parthian Shots and The Emperor’s New Clothes – Family Law Week

Posted September 1st, 2014 in compensation, divorce, families, financial provision, news by sally

‘Joshua Viney of 1 Hare Court and Matthew Brunsdon-Tully of 1 Hare Court and St John’s Chambers examine the issue of compensation in spousal maintenance claims.’

Full story

Family Law Week, 29th August 2014

Source: www.familylawweek.co.uk

Victim of trafficking can claim compensation despite illegal entry to UK – UK Human Rights Blog

‘The Supreme Court has ruled that victims may in some circumstance recover damages from their traffickers. Overturning the judgment of the Court of Appeal that the illegality of the underlying contract ruled out the claim for compensation, the majority held that to permit the trafficker to escape liability would be “an affront” to public policy. The judgment has far reaching implications in this area because, by its very nature, human trafficking often involves illegality.’

Full story

UK Human Rights Blog, 27th August 2014

Source: www.ukhumanrightsblog.com

EAT: employee who might be dismissed for gross misconduct may still be entitled to claim constructive dismissal – OUT-LAW.com

‘An employee is not prevented from resigning and bringing a constructive dismissal claim against a former employer by the fact that the employer may have been preparing a gross misconduct case against him, the Employment Appeal Tribunal (EAT) has ruled.’

Full story

OUT-LAW.com, 27th August 2014

Source: www.out-law.com

EDF to pay £3m in compensation after Ofgem inquiry – The Guardian

Posted August 22nd, 2014 in compensation, complaints, consumer protection, inquiries, news, utilities by tracey

‘EDF Energy is to pay out £3m to benefit “vulnerable customers” after an investigation by the energy industry watchdog Ofgem found that the company had breached complaint handling rules.’

Full story

The Guardian, 22nd August 2014

Source: www.guardian.co.uk

New ‘fundamental dishonesty’ rule may act “as deterrent”, MoJ says – Litigation Futures

Posted August 21st, 2014 in compensation, news, personal injuries by tracey

‘The government believes its new ‘fundamental dishonesty” rule could lead not only to the number of personal injury claims being reduced but may “have some form of deterrent effect” against exaggeration, it has emerged.’

Full story

Litigation Futures, 21st August 2014

Source: www.litigationfutures.com