Category: compensation

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.’

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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.’

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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.’

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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.’

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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

Posted August 28th, 2014 in appeals, compensation, forced labour, illegality, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘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.’

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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

Posted August 27th, 2014 in appeals, compensation, constructive dismissal, contract of employment, electronic mail, employment, employment tribunals, human rights, news by sally

‘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.’

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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 sally

‘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.’

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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, fundamental dishonesty, news, personal injuries by sally

‘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.’

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Litigation Futures, 21st August 2014

Source: www.litigationfutures.com

April Jones killer denied compensation for jail attack – Daily Telegraph

Posted August 14th, 2014 in assault, compensation, news, prisons by sally

‘Mark Bridger is refused permission to move prisons and is also denied compensation after he was slashed across the face by a fellow inmate.’

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Daily Telegraph, 13th August 2014

Source: www.telegraph.co.uk

European court says UK ban on prisoners voting ‘breaches their human rights’ – but won’t grant them compensation – The Independent

Posted August 13th, 2014 in compensation, elections, human rights, news, prisons by sally

‘Britain’s blanket ban denying all prisoners the vote is a breach of human rights, European judges have ruled – but those jailed will not receive any costs or compensation.’

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The Independent, 12th August 2014

Source: www.independent.co.uk

UK prisoners denied the vote should not be paid compensation, ECHR rules – The Guardian

Posted August 12th, 2014 in compensation, courts, elections, electoral register, human rights, news, prisons by sally

‘The European court of human rights (ECHR) has ruled that prisoners who have not been allowed to vote should not be paid compensation.’

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The Guardian, 12th August 2014

Source: www.guardian.co.uk

Strasbourg payout ruling due on jail vote ban – BBC News

Posted August 12th, 2014 in compensation, courts, elections, electoral register, human rights, news, prisons by sally

‘The European Court of Human Rights (ECHR) is due to rule on whether prisoners who have been denied the vote should get compensation.’

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BBC News, 12th August 2014

Source: www.bbc.co.uk

Damages for disrepair – Long leasehold properties – Hardwicke Chambers

Posted August 7th, 2014 in compensation, damages, housing, leases, news, repairs by sally

‘A leaseholder with a leaking roof or defective shared heating system faces two questions: Who is responsible for undertaking the necessary repairs to the building and internal repairs to their property and how will it be paid for?’

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Hardwicke Chambers, 4th July 2014

Source: www.hardwicke.co.uk

Riot damages reforms are questioned by insurers – BBC News

Posted August 5th, 2014 in compensation, criminal damage, insurance, news, police, violent disorder by sally

‘Insurers have warned that proposed changes to the Riot Damages Act could lead to higher premiums or reduce access to insurance.’

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BBC News, 5th August 2014

Source: www.bbc.co.uk

Solicitor was ‘employee’ and not partner, High Court rules – Law Society’s Gazette

Posted August 4th, 2014 in breach of trust, compensation, contract of employment, damages, employment, employment tribunals, loans, news, solicitors, unfair dismissal by sally

‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’

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Law Society’s Gazette, 1st August 2014

Source: www.lawgazette.co.uk

Whiplash assessment report fees cut to tackle fake claims – BBC News

Posted August 4th, 2014 in accidents, bills, compensation, fees, fraud, insurance, medical treatment, news, personal injuries by sally

‘Medical assessment fees for people who claim they have suffered whiplash are to be cut in England and Wales.’

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BBC News, 3rd August 2014

Source: www.bbc.co.uk

Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

Posted August 1st, 2014 in asbestos, compensation, costs, industrial injuries, insurance, news, personal injuries, select committees by sally

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

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The Independent, 1st August 2014

Source: www.independent.co.uk

Savile estate cash ‘to go to lawyers, not victims’ – BBC News

Posted July 31st, 2014 in charities, compensation, fees, legal profession, news, victims by michael

‘A charity set up by Jimmy Savile has warned a compensation scheme for the sex abuser’s victims could result in millions being paid in lawyers’ fees.’

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BBC News, 31st July 2014

Source: www.bbc.co.uk

Police launch scheme for victims to choose punishment – Daily Telegraph

Posted July 31st, 2014 in community service, compensation, news, police, punishment, restorative justice, victims by michael

‘A Police and Crime Commissioner has launched scheme to allow victims to decide how criminals should be punished. ‘

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Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Private copying exception plans face possible legal action following parliamentary sign off – OUT-LAW.com

Posted July 31st, 2014 in artistic works, compensation, copyright, intellectual property, news, regulations by michael

‘New rights to make private copies of copyrighted works, make free use of copyrighted material in works of parody and quote extracts from copyright protected books, audio and video content will be introduced into UK law from October.’

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OUT-LAW.co, 30th July 2014

Source: www.out-law.com