damages – Current Awareness

Substantial injustice – where are we now? – 39 Essex Chambers

Posted April 26th, 2024 in accidents, chambers articles, compensation, damages, deceit, news, personal injuries, psychiatric damage by sally

‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’

39 Essex Chambers, 16th April 2024

Source: www.39essex.com

Laurence Fox ordered to pay £180,000 to two people he called ‘paedophiles’ – The Guardian

Posted April 26th, 2024 in damages, defamation, internet, news, racism by sally

‘The actor and rightwing activist Laurence Fox has been ordered to pay £90,000 each in damages to two people he libelled by referring to them as “paedophiles” on social media.’

The Guardian, 25th April 2024

Source: www.theguardian.com

The Post Office: Disclosure Lessons from a National Scandal – Guildhall Chambers

Posted April 24th, 2024 in appeals, chambers articles, compensation, computer programs, damages, disclosure, fraud, miscarriage of justice, news, postal service, prosecutions, theft by sally

‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’

Guildhall Chambers, 11th March 2024

Source: www.guildhallchambers.co.uk

Criminal injuries compensation and “Daisy’s Law” – 12 KBW Personal Injury Law Blog

Posted April 24th, 2024 in bills, children, compensation, criminal injuries compensation, criminal justice, damages, judicial review, news, personal injuries, psychiatric damage, rape, sexual offences, victims by sally

‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’

12KBW Personal Injury Law Blog, 10th April 2024

Source: pilawblog.com

A Tangled Web – What we can learn from the case of Willams-Henry v Associated British Ports Holdings Limited -12 King’s Bench Walk

Posted April 24th, 2024 in chambers articles, damages, deceit, news, personal injuries by sally

‘The Judgment in the case of Kirsty Williams-Henry makes for very uncomfortable reading for everybody who deals with severe to catastrophic personal injury cases.’

12 King's Bench Walk, 12th April 2024

Source: 12kbw.co.uk

Court of Appeal upholds right to damages for imminent breaches of article 3 ECHR – 3PB

Posted April 24th, 2024 in appeals, benefits, chambers articles, damages, government departments, human rights, immigration, news by sally

‘In a judgment with potentially wide implications for damages claims for breaches of fundamental human rights, the Court of Appeal in ASY & Others v Home Office [2024] EWCA Civ 373 has held that there is a right to damages for imminent breaches of article 3 of the ECHR (the absolute prohibition on torture and inhuman or degrading treatment).’

3PB, 18th April 2024

Source: www.3pb.co.uk

Legal academic awarded £30,000 over ‘toxic’ row with ex-colleague – Law Society’s Gazette

Posted April 24th, 2024 in damages, disclosure, internet, news, privacy, universities by tracey

‘A law lecturer has been ordered to pay £22,500 to a former colleague after sharing confidential information that was later made public on social media.’

Law Society's Gazette, 23rd April 2024

Source: www.lawgazette.co.uk

Brazil Iron: UK court case launched over mining project in Bahia – BBC News

Posted April 24th, 2024 in damages, environmental health, foreign jurisdictions, miners, news by tracey

‘In a small community deep in the remote, lush mountains of Bahia, Brazil, Catarina Oliveira de Silva points down at what used to be a lake. “After the mine started extracting there, waste came down. It fell into the spring. It buried this entire lake. Three metres of silt and ore sludge.” Catarina says dust from this mine covered crops she owned, including coffee bushes and banana trees, until she could not produce them anymore. She and her husband had also taken out a loan in 2015 for a business where people could pay to go angling in the lake. “Our project went down the drain,” she says. Catarina and her family live in a traditional Quilombola community, descendants of Afro-Brazilian slaves whose rights to their land and way of life are protected under Brazilian law.
Now, their fight against a UK-owned mining company is set to move to a top court in London.’

BBC News, 24th April 2024

Source: www.bbc.co.uk

CICA Awards and HRA Damages: is there double recovery? – UK Health Law Blog

Posted April 23rd, 2024 in criminal injuries compensation, damages, human rights, news by sally

‘The ratio of the decision in AXO v CICA [2024] EWCA Civ 226 is that in certain circumstances, there is overlap and double recovery of a CICA award and Convention damages for breach of the HRA, so that it is open to CICA to seek repayment from HRA damages of a CICA award.’

UK Health Law Blog, 15th March 2024

Source: www.ukhealthcarelawblog.co.uk

Evidence in a credit hire claim: what does the claimant need to provide? – Five Pump Court Chambers

Posted April 19th, 2024 in chambers articles, damages, evidence, insurance, news by sally

‘Credit hire claims often involve large sums of money, the majority of which is from the credit of the insurer. The exact amount of damages awarded is down, to a large degree, to the discretion of the judge so it is important for the claimant’s legal team to get as much of the evidence watertight before the hearing as possible. From experience at court, there are certain elements of a case which are hard to fix on the day of the hearing, but which can be caught in advance, and lead to a better result for the claimant.’

Five Pump Court Chambers, 22nd March 2024

Source: www.5pumpcourt.com

Government faces JR claim over litigation funding legislation – Legal Futures

Posted April 19th, 2024 in appeals, bills, claims management, damages, judicial review, Ministry of Justice, news, Supreme Court by sally

‘The Ministry of Justice is being threatened with judicial review over the draft legislation that aims to reverse the impact of the Supreme Court’s PACCAR ruling.’

Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Case Preview: Davies v Bridgend County Borough Council – UKSC Blog

Posted April 19th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by sally

‘In this post, Sarah Coates-Madden, Senior Associate at CMS, and Fiona Dalling, Associate at CMS, preview the decision awaited from the Supreme Court in Davies v Bridgend County Borough Council.’

UKSC Blog, 17th April 2024

Source: ukscblog.com

Woman loses 600k in compensation after being branded ‘dishonest’ by judge – The Independent

Posted April 15th, 2024 in accidents, compensation, damages, deceit, news, personal injuries by tracey

‘A woman seeking damages after suffering multiple injuries due to a bad fall in Wales is about to lose out on almost £600,000 for being “thoroughly dishonest” in her process of asking for compensation.’

The Independent, 13th April 2024

Source: www.independent.co.uk

Survivors of 2017 Ariana Grande concert bombing take legal action against UK agency – The Independent

Posted April 15th, 2024 in class actions, compensation, damages, inquiries, intelligence services, news, terrorism, victims by tracey

‘More than 250 survivors of the suicide bombing that killed 22 people at a 2017 Ariana Grande concert in Manchester, England, are taking legal action against Britain’s domestic intelligence agency, lawyers said.’

The Independent, 15th April 2024

Source: www.independent.co.uk

Assignments and transfers by operation of law: an important distinction clarified in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 – 29 Essex Chambers

Posted March 27th, 2024 in appeals, arbitration, assignment, chambers articles, damages, news by sally

‘In this case the Court of Appeal considered when a non-assignment clause would be effective to stop the transfer of a cause of action to an indemnifying insurer.’

39 Essex Chambers, 7th February 2024

Source: www.39essex.com

APIL drops fixed costs judicial review after government “concessions” – Legal Futures

Posted March 27th, 2024 in civil procedure rules, consultations, costs, damages, judicial review, Ministry of Justice, news, personal injuries by sally

‘The Association of Personal Injury Lawyers (APIL) has withdrawn its judicial review against the government challenging aspects of last October’s extension of fixed recoverable costs (FRCs).’

Legal Futures, 27th March 2024

Source: www.legalfutures.co.uk

Unfitness for human habitation quantum – 100% again – Nearly Legal

Posted March 25th, 2024 in damages, deposits, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’

Nearly Legal, 24th March 2024

Source: nearlylegal.co.uk

Party escapes £27,000 costs bill in 14-year-old boundary dispute – Law Society’s Gazette

Posted March 25th, 2024 in appeals, boundaries, civil procedure rules, costs, damages, news, trespass by tracey

‘One of the parties in a 14-year-long boundary dispute has avoided having to pay £27,000 in costs for an appeal, because the order he was appealing against said nothing about costs.’

Law Society’s Gazette, 25th March 2024

Source: www.lawgazette.co.uk

Granville Technology Group Limited and others v LG Display Co Ltd and others – Blackstone Chambers

Posted March 20th, 2024 in chambers articles, Commercial Court, company law, damages, news by sally

‘The Commercial Court has handed down judgment in the follow-on damages claim brought by a group of computer retailers, formerly trading under the Tiny and Time brand names, against certain manufacturers of LCD panels who had been found to have infringed Article 101 TFEU in European Commission Decision Comp/39.309 – LCD – Liquid Crystal Displays. This constitutes only the third ever cartel damages judgment given by a Court in the United Kingdom (after the Britned and Trucks litigation). Hanif Mussa KC acted as the advocate for LG Display Co Ltd and LG Display Taiwan Co Ltd at the 5-week trial.’

Blackstone Chambers, 9th February 2024

Source: www.blackstonechambers.com

Lawyers can recover costs of attending rehab meetings “in principle” – Legal Futures

Posted March 18th, 2024 in appeals, case management, costs, damages, news, personal injuries, solicitors by tracey

‘The Court of Appeal has overturned a significant ruling last year that the costs of a fee-earner’s attendance at rehabilitation case management meetings are irrecoverable.’

Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

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