New APIL chief: Falling PI damages “an affront to justice” – Litigation Futures

‘Trends in personal injury claims since LASPO, with damages falling, are an “affront to justice”, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

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Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog

‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’

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UK Police Law Blog, 10th May 2019

Source: ukpolicelawblog.com

Parents of student who died in suicide over anxiety attacks to sue Bristol University – The Independent

‘The parents of a student who took her own life because she was too anxious to make a public presentation are taking legal action against her university.’

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The Independent, 19th May 2019

Source: www.independent.co.uk

Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com

Student Natasha Abrahart’s suicide: Neglect a ‘contributory factor’ – BBC News

‘A university student took her own life partly as a result of neglect, an inquest has ruled.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Appeal throws out Post Office bid to replace judge – Law Society’s Gazette

Posted May 15th, 2019 in appeals, bias, class actions, damages, judges, news, postal service, recusal by sally

‘In a scathing 17-page judgment, the Court of Appeal has thrown out an attempt by the Post Office to appeal a judge’s refusal to recuse himself from group litigation on the grounds of bias. Ruling in Post Office Limited v Alan Bates & Ors, the Rt. Hon. Lord Justice Coulson said that the recusal application ‘never had any substance and was rightly rejected by the judge’.’

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Law Society's Gazette, 14th May 2019

Source: www.lawgazette.co.uk

Court throws out convicted client’s negligence claim against solicitors – Law Society’s Gazette

‘A convicted client has failed in a bid to make his former solicitors stump up the bill for his £450,000 fine imposed in the Crown court. In Day v Womble Bond Dickinson (UK) LLP Her Honour Judge Deborah Taylor, sitting in the High Court, struck out the negligence claim by landowner Philip Day.’

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Law Society's Gazette, 7th May 2019

Source: www.lawgazette.co.uk

Re-baselining construction projects: drawing a line in the sand – Practical Law: Construction Blog

Posted May 2nd, 2019 in construction industry, contracts, damages, delay, drafting, fees, news by tracey

‘As construction disputes lawyers, we see our fair share of settlement agreements. And not just the traditional full and final settlements, but also one page final account settlements, and “line in the sand” agreements in which the parties seek to renegotiate elements of the contract while it is in progress. These “line in the sand” agreements seem to feature disproportionately in court judgments, and in this blog I will look at the reasons why this might be the case.’

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Practical Law: Construction Blog, 1st May 2019

Source: constructionblog.practicallaw.com

Leading firm held liable for asbestos case blunder – Legal Futures

‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’

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Legal Futures, 1st May 2019

Source: www.legalfutures.co.uk

Claim over solicitors’ negligence fails to establish loss of chance – Legal Futures

‘A married couple has largely failed in a claim of negligence against a firm of solicitors which had admitted that it failed to advise properly on a separate negligence case against another law firm.’

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Legal Futures, 29th April 2019

Source: www.legalfutures.co.uk

Liverpool judge refuses to move huge claim to London – Litigation Futures

‘The High Court in Liverpool has refused to transfer one of the biggest claims ever filed in this country to the Rolls Building in London.’

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Litigation Futures, 24th April 2019

Source: www.litigationfutures.com

Compensators urged to prepare for higher discount rate – Litigation Futures

Posted April 17th, 2019 in compensation, damages, news, personal injuries by tracey

‘The impending change to the discount rate means a focus on old part 36 offers, accommodation claims and cases that have settled but still require court approval, a leading defendant lawyer has said.’

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Litigation Futures, 16th April 2019

Source: www.litigationfutures.com

Prison officer gets G4S payout for brain damage after assault – The Guardian

‘A prison officer left with permanent brain damage after an attack at a children’s jail run by G4S has spoken about his continued belief in rehabilitation after receiving a “substantial” settlement from his former employer.’

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The Guardian, 12th April 2019

Source: www.theguardian.com

Victim of senior partner’s f-word tirades awarded £47,000 – Legal Futures

‘A paralegal subjected to f-word tirades by the senior partner of a London law firm has been awarded £47,000 by an employment tribunal – less than 5% of the value of her claim.’

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Legal Futures, 5th April 2019

Source: www.legalfutures.co.uk

JK Rowling’s ex-PA ordered to repay author £18k in fraud case – The Independent

Posted April 5th, 2019 in damages, fraud, news by tracey

‘JK Rowling‘s former personal assistant has been ordered to repay £18,734 to the Harry Potter author after she was found to have fraudulently used her credit card to buy toiletries and foreign currency.’

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The Independent, 5th April 2019

Source: www.independent.co.uk

CA upholds challenge to routine 100% success fee in low-value PI – Litigation Futures

‘Solicitors handling low-value personal injury claims since LASPO should have undertaken risk assessments before setting success fees – rather than just applying 100% across the board – the Court of Appeal has ruled.’

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Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

High Court dispenses with electronic bill – Litigation Futures

Posted April 3rd, 2019 in budgets, costs, damages, electronic filing, negligence, news, part 36 offers by sally

‘A High Court judge has relieved a claimant who won a trial in January from having to produce an electronic bill for the work undertaken since 6 April 2018.’

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Litigation Futures, 2nd April 2019

Source: www.litigationfutures.com

‘Common sense’ approach to notice taken in breach of warranty case – OUT-LAW.com

Posted March 28th, 2019 in aircraft, contracts, damages, news, warranties by sally

‘Triumph, the multinational aerospace company, has partially succeeded in a damages claim arising out of its 2013 acquisition of three businesses belonging to the components manufacturer Primus.’

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OUT-LAW.com, 26th March 2019

Source: www.out-law.com

Mark Duggan family to sue Met Police over death – BBC News

‘The family of Mark Duggan, whose death sparked riots across England in August 2011, are suing the Metropolitan Police for damages, BBC News has learned.’

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BBC News, 23rd March 2019

Source: www.bbc.co.uk