​Allen v Brethertons LLP (2018)- You’ve got to send a bill of costs to your client, even in fixed costs cases – Zenith PI

Posted October 15th, 2018 in accidents, costs, damages, fees, news, solicitors by tracey

‘This is a recent decision of the Senior Courts Costs Office which deals with the need for solicitors to provide their clients with a bill of costs, even in fixed costs case where the solicitors were instructed on the basis of a CFA and where costs were recovered from the other side.’

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Zenith PI, 9th October 2018

Source: zenithpi.wordpress.com

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

Data protection compensation claim fails to prove ‘damage’ – OUT-LAW.com

‘Businesses that breach UK data protection law or misuse personal information are not automatically obliged to pay compensation to people affected by that breach, the High Court in London has confirmed.’

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OUT-LAW.com, 9th October 2018

Source: www.out-law.com

Convicted paedophile Douglas Slade sued by alleged Filipino victims – BBC News

Posted October 9th, 2018 in damages, news, sexual grooming, sexual offences by tracey

‘A convicted British paedophile is being sued for damages by five young people who claim they were sexually exploited by him overseas, in what is thought to be the first case of its kind.’

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BBC News, 9th October 2018

Source: www.bbc.co.uk

Coronation Street stars and Frank Bruno settle hacking claims – BBC News

Posted September 28th, 2018 in damages, interception, media, news, privacy, telecommunications by tracey

‘Six Coronation Street stars and ex-boxer Frank Bruno are among the latest celebrities to settle phone-hacking claims with News Group Newspapers.’

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BBC News, 27th September 2018

Source: www.bbc.co.uk

£7m win for Chinese company in first ‘persons unknown’ freezing order – Law Society’s Gazette

Posted September 27th, 2018 in computer crime, costs, damages, freezing injunctions, news by tracey

‘The High Court has awarded the UK arm of natural resources company China Molybdenum Company (CMOC) £7m, in a case in which a worldwide freezing injunction against “persons unknown” was approved for the first time.’

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Law Society's Gazette, 26th September 2018

Source: www.lawgazette.co.uk

Children: Public Law Update (August 2018) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

Claimant who exaggerated impact of genuine injury found fundamentally dishonest – Litigation Futures

Posted August 21st, 2018 in appeals, damages, news, personal injuries by sally

‘A claimant who suffered a genuine injury – but admitted being dishonest about the extent of his symptoms tripping in a pothole – has lost his argument that was not fundamentally dishonest.’

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Litigation Futures, 20th August 2018

Source: www.litigationfutures.com

British Coal coke oven workers: Widow wins court battle – BBC News

Posted August 16th, 2018 in compensation, damages, families, industrial injuries, miners, news by sally

‘The widow of a coke oven worker who suffered chronic bronchitis because of harmful fumes has won £15,853 in a court battle against the UK government.’

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BBC News, 15th August 2018

Source: www.bbc.co.uk

Trafficking victim awarded High Court damages in minimum wage and harassment claims – Cloisters

‘Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum wage did not apply in this case. The quantification of that claim, together with Ms Ajayi’s other claims, was dealt with in a further hearing, the final judgment from which has recently been released.’

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Cloisters, 11th July 2018

Source: www.cloisters.com

What’s the damage? Revisiting the correct measure of loss in negligent surveyor cases – Hardwicke Chambers

Posted August 9th, 2018 in damages, negligence, news, surveyors by sally

‘As construction lawyers, most of us have had experience with claims concerning the financial loss and/or damage to property arising from a negligent survey of a house. The facts of such cases tend to follow a pattern:

– Prospective purchasers instruct a surveyor to produce a report before deciding whether to buy a particular property.
– The report concludes that the house is in sound structural condition
– The prospective purchasers rely on said report in deciding to purchase the property.
– After moving in, they discover that in fact the house suffers from damage, defects or some other risk not disclosed in the survey.’

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Hardwicke Chambers, 1st August 2018

Source: www.hardwicke.co.uk

QOCS: costs orders enforceable against damages awards obtained against other defendants – Hailsham Chambers

Posted August 7th, 2018 in costs, damages, enforcement, news by sally

‘Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided in Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 – but only if the damages are obtained pursuant to a court order rather than a settlement embodied in a Tomlin order.’

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Hailsham Chambers, 18th July 2018

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

Appeal judges refuse compensation for schizophrenic who killed mother – Litigation Futures

‘The Court of Appeal has unanimously rejected a compensation claim brought by a schizophrenic woman who stabbed her mother to death.’

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Litigation Futures, 7th August 2018

Source: www.litigationfutures.com

What’s the damage? Revisiting the correct measure of loss in negligent surveyor cases – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, damages, negligence, news, surveyors by tracey

‘As construction lawyers, most of us have had experience with claims concerning the financial loss and/or damage to property arising from a negligent survey of a house.’

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Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

Financial regulator mulls ‘duty of care’ and new damages regime – OUT-LAW.com

‘The FCA is seeking views on whether there is a need for a new customer “duty of care” or “fiduciary duty”, or whether the existing rules already provide sufficient protections for consumers. It is also seeking views on a new right for consumers to seek private damages against firms which have breached the new duty or the regulatory principles set out in the FCA Handbook, particularly the requirement to “treat customers fairly”.’

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OUT-LAW.com, 23rd July 2018

Source: www.out-law.com

Woman awarded £100k after husband’s death mid-divorce – BBC News

Posted July 20th, 2018 in damages, divorce, financial provision, news, road traffic offences by tracey

‘A woman whose husband was killed in the midst of the pair’s divorce has been awarded more than £100,000 in damages. Cathryn Craven brought a £676,985 claim against driver Terry Davies, who ploughed into Jayson, 48, in June 2014. She had argued there was a chance of reconciliation, while Davies’ lawyers had said the marriage was doomed.’

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BBC News, 19th July 2018

Source: www.bbc.co.uk

Cliff Richard wins £210,000 in damages from BBC in privacy case – The Guardian

Posted July 18th, 2018 in BBC, damages, media, news, privacy by tracey

‘Cliff Richard has won his privacy case against the BBC and will be awarded £210,000 in damages following a lengthy legal battle with the broadcaster after it reported the singer was being investigated over historic child sex assault claims.’

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The Guardian, 18th July 2018

Source: www.theguardian.com

Woman harassed for 12 years by online date gets damages – BBC News

Posted July 10th, 2018 in damages, harassment, internet, news by sally

‘A woman who was harassed for 12 years by a man she met through an online dating website is to receive damages.’

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BBC News, 9th July 2018

Source: www.bbc.co.uk

Gordian Knot(weed) – Nearly Legal

Posted July 6th, 2018 in damages, injunctions, news, nuisance, railways, trees by tracey

‘Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514. Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be done by licensed organisations). It grows quickly through spreading underground rhizomes and can affect structures if growing within 7 metres of their foundations. It’s presence has to be disclosed on any sale of a property.’

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Nearly Legal, 4th July 2018

Source: nearlylegal.co.uk

Losing out on loss of bargain when terminating in reliance upon contractual rights – Practical Law: Construction Blog

‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency. On the surface, terminating appears as simple as writing to the liquidator citing the relevant provision, and declaring the contract to be at an end. However, a potential trap awaits the unwary. Unwitting sub-contractors may inadvertently forfeit any right to claim loss of bargain damages, that is, the loss of profits that would have been made had the contract carried through to completion. This is potentially a highly lucrative right, particularly if the sub-contractor is at the start of a multi-year project that was expected to generate significant future earnings. This result arises from the case of Phones 4U Ltd (in administration) v EE Ltd.’

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Practical Law: Construction Blog, 4th July 2018

Source: constructionblog.practicallaw.com