APIL granted permission to challenge HMRC policy on mesothelioma victims’ work records – Litigation Futures

‘The High Court is this week hearing a judicial review that claimant lawyers hope will strike down the deeply unpopular policy of HM Revenue & Customs that means it will only release the employment history of a mesothelioma victim to their lawyer with a High Court order.’

Full story

Litigation futures, 12th March 2014

Source: www.litigationfutures.com

Solicitor coroner struck off over £2m theft from clients to fund lavish lifestyle – Legal Futures

Posted March 12th, 2014 in compensation, costs, disciplinary procedures, executors, fraud, news, solicitors, theft, wills by tracey

‘A Gloucestershire solicitor who also served as the county’s coroner has been struck off after taking nearly £2m from clients to fund an extravagant lifestyle.’

Full story

Legal Futures, 11th March 2014

Source: www.litigationfutures.com

High Court backs Legal Ombudsman over barrister complaint – Law Society’s Gazette

Posted March 11th, 2014 in appeals, barristers, compensation, complaints, legal ombudsman, news by tracey

‘The High Court has upheld a Legal Ombudsman decision that a barrister dealt with a complaint improperly – even though the original complaint was dismissed.’

Full story

Law Society’s Gazette, 10th March 2014

Source: www.lawgazette.co.uk

Purple Parking workers win ageism battle after dozens sacked for ‘being too old’ – The Independent

‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’

Full story

The Independent, 10th March 2014

Source: www.independent.co.uk

Asbestos cancer payments of up to £123,000 announced – BBC News

Posted March 7th, 2014 in asbestos, cancer, compensation, news by tracey

‘Victims of mesothelioma, an aggressive cancer caused by exposure to asbestos, are to receive an average of £123,000 compensation from a new fund.’

Full story

BBC News, 6th March 2014

Source: www.bbc.co.uk

Support for industrial disease victims – Ministry of Justice

‘Sufferers of a deadly industrial disease will be the focus of work to improve the compensation claims process for them, new Justice Minister Lord Faulks said today.’

Full press release

Ministry of Justice, 6th March 2014

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

Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same – WLR Daily

Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same [2014] EWCA Civ 194; [2014] WLR (D) 103

‘In determining whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, the Secretary of State for Justice was required to make a decision by applying the statutory test in accordance with Supreme Court guidance to the facts of the particular case. Those facts could include events which postdated the quashing of the conviction in the event that further facts of relevance to the application of the statutory test arose. The Secretary of State might come to his own view, having regard to the terms of the judgment by the Court of Appeal (Criminal Division) quashing the conviction, and provided the decision did not conflict with that judgment. The decision was then amenable to judicial review on conventional grounds of challenge, not merely because the court would have reached a different view. Save in exceptional circumstances, it should not be necessary for the court to engage in a detailed review of the facts.’

WLR Daily, 27th February 2014

Source: www.iclr.co.uk

Anthony White Estates Ltd v National Grid Electricity Transmission plc – WLR Daily

Posted March 5th, 2014 in appeals, compensation, contracts, energy, law reports, news, sale of land, valuation by sally

Anthony White Estates Ltd v National Grid Electricity Transmission plc [2014] EWCA Civ 216; [2014] WLR (D) 108

‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’

WLR Daily, 3rd March 2014

Source: www.iclr.co.uk

Teacher paid £230,000 compensation after slipping in ketchup – Daily Telegraph

Posted March 4th, 2014 in compensation, health & safety, news, personal injuries, teachers by sally

‘The claim is one of £1 million worth of compensation payments made to injured teachers by Essex County Council.’

Full story

Daily Telegraph, 4th March 2014

Source: www.telegraph.co.uk

Council did not have power to ban live animal exports, says judge – Local Government Lawyer

Posted March 4th, 2014 in animals, compensation, local government, news, proportionality by sally

‘A district council faces having to make a significant payout to exporters of live animals after a High Court ruled that the authority did not have power to impose a temporary ban on shipment.’

Full story

Local Government Lawyer, 3rd March 2014

Source: www.localgovernmentlawyer.co.uk

Taxi sex attacks: John Worboys’ victims win payout bid – BBC News

Posted February 28th, 2014 in compensation, human rights, news, police, rape, sexual offences by sally

‘Two women who were sexually assaulted by London taxi driver John Worboys have won a High Court victory in their bid to get compensation from the police.’

Full story

BBC News, 28th February 2014

Source: www.bbc.co.uk

Judge approves Savile compensation scheme – Daily Telegraph

Posted February 27th, 2014 in banking, compensation, executors, news, trusts, victims by sally

‘Victims of serial sex offender Jimmy Savile are a step closer to getting compensation after a judge sanctioned a scheme to award payouts.’

Full story

Daily Telegraph, 26th February 2014

Source: www.telegraph.co.uk

Prisoners paid compensation for socks and stereos – Daily Telegraph

Posted February 26th, 2014 in compensation, complaints, news, ombudsmen, prisons, statistics by tracey

‘ Taxpayers’ money is being wasted on paying prisoners compensation for damaged stereos and missing socks, a watchdog has revealed. Jail staff need to take greater care of prisoners’ property to avoid complaints being made and redress having to be paid to inmates, the Prisons and Probation Ombudsman (PPO) said.’

Full story

Daily Telegraph, 25th February 2014

Source: www.telegraph.co.uk

British Telecommunications plc v Office of Communications and others – WLR Daily

Posted February 21st, 2014 in compensation, jurisdiction, law reports, licensing, media by sally

British Telecommunications plc v Office of Communications and others [2014] EWCA Civ 133; [2014] WLR (D) 79

‘The Office of Communications had jurisdiction under section 316 of the Communications Act 2003 to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.’

WLR Daily, 17th February 2014

Source: www.iclr.co.uk

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) – WLR Daily

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) [2014] EWCA Civ 118; [2014] WLR (D) 76

‘The doctrine of res judicata precluded a complainant who had accepted an award made by the Financial Ombudsman Service from starting legal proceedings to pursue complaints which had already been submitted to the ombudsman service and which the ombudsman had decided. Further, section 228(5) of the Financial Services and Markets Act 2000 did not exclude the operation of res judicata.’

WLR Daily, 14th February 2014

Source: www.iclr.co.uk

Most train users unaware of rights, says rail regulator – BBC News

Posted February 21st, 2014 in codes of practice, compensation, consumer protection, news, railways by sally

‘Most train passengers are unaware of their rights to compensation after cancellations or delays, the rail regulator has said.’

Full story

BBC News, 21st February 2014

Source: www.bbc.co.uk

Customers lose right to sue after taking ombudsman compensation – Daily Telefgraph

Posted February 17th, 2014 in compensation, financial advice, news, ombudsmen by sally

‘Financial services customers who have accepted compensation from the ombudsman can no longer sue for further redress in court following a landmark Court of Appeal ruling.’

Full story

Daily Telegraph, 14th February 2014

Source: www.telegraph.co.uk

Private Prosecutions: The foundations are laid – Six Pump Court

Posted February 14th, 2014 in abuse of process, compensation, confiscation, fraud, news, police, private prosecutions by sally

‘The headline in The Guardian on Wednesday 29th January 2014 (“Metropolitan Police accused of acting on behalf of big business”) would undoubtedly have caused a stir amongst private prosecutors, public prosecutors, the police, the Home Office and others interested in the issue of commercial organisations seeking redress in the criminal courts in relation to crimes committed against them. The story, based upon observations made by the Lord Chief Justice in a recent Court of Appeal case, queried the efficacy of private prosecutions brought in such circumstances and – quoting labour MP Tom Watson and Jenny Jones, a London assembly member for the Green party – suggested that they represented the “…creeping privatisation of policing…”. The former spoke of “…two tier-policing where corporate interests can buy the time of the police…” whilst the latter complained, “I hate the thought that if you are rich you can buy more justice than if you are poor…”. And yet at a time when funding for public bodies – and in particular prosecuting authorities – is under such severe strain, it is inevitable that there will be a growing demand for the private sector to operate in areas that were once solely or mainly inhabited by the state. Private prosecutions are here to stay – that much is clear from the case concerned. But are the criticisms levelled against them fair? And what is the real impact of the case on private prosecutions, confiscation and compensation and the very real problem of fraud on commerce? ‘

Full story

Six Pump Court, 5th February 2014

Source: www.6pumpcourt.co.uk

Supplier tries to stick the boot in to its commercial agent – Technology Law Update

Posted February 12th, 2014 in agency, compensation, indemnities, news, small businesses by sally

‘We have been meeting with a number of smaller software suppliers and tech start-ups recently who have been grappling with the challenge of boosting their geographical reach. We use the word ‘challenge’ because (a) there are only 24 hours in a day, (b) smaller businesses tend not to have a raft of sales executives in their employment and (c) it is difficult to achieve global domination when you still want to focus on product development and manufacturing issues.’

Full story

Technology Law Update, 11th February 2014

Source: www.technology-law-blog.co.uk

Apollo Theatre ceiling collapse family seeks payout – BBC News

Posted February 10th, 2014 in accidents, compensation, health & safety, insurance, news, theatre by tracey

‘A family injured when the Apollo Theatre ceiling collapsed is suing the theatre’s owners for compensation.’

Full story

BBC News, 7th February 2014

Source: www.bbc.co.uk