Judge backs Michael Barrymore in damages claim against police – The Guardian

Posted August 18th, 2017 in damages, news, police, wrongful arrest by sally

‘Entertainer Michael Barrymore is entitled to more than nominal damages from Essex police over a wrongful arrest which he says destroyed his career, a high court judge has ruled.’

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The Guardian, 18th August 2017

Source: www.theguardian.com

The Sun to pay ‘substantial damages’ to ex EastEnders boss – BBC News

Posted August 4th, 2017 in damages, defamation, media, news by sally

‘The Sun newspaper is to pay “substantial damages” to former EastEnders boss Sean O’Connor, after wrongly accusing him of bullying.’

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BBC News, 4th August 2017

Source: www.bbc.co.uk

Law firm should have warned property investor clients of “Mafia risk”, CA rules – Legal Futures

‘A law firm with offices in Italy and England has lost its appeal against a High Court ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 2nd August 2017

Source: www.legalfutures.co.uk

Madonna and twin girls accept damages over Mail Online article – The Guardian

Posted July 28th, 2017 in adoption, damages, media, news, privacy by tracey

‘Madonna and her twin daughters, Stella and Estere, have accepted undisclosed damages from Associated Newspapers over a “serious invasion of privacy”.’

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The Guardian, 27th July 2017

Source: www.theguardian.com

£14bn group action kicked out of court – Law Society’s Gazette

‘A record-breaking collective claim against MasterCard was thrown out by the Competition Appeal Tribunal today in a major blow to the growth of funded class actions in the UK. The case, brought by former financial services ombudsman Walter Merricks on behalf of 46 million consumers who were alleged to be victims of excess ‘interchange fees’ charged by card companies, claimed £14bn in damages. It was the largest sum claimed in English legal history.’

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Law Society's Gazette, 21st July 2017

Source: www.lawgazette.co.uk

Flesh-eating bug amputee who ‘slipped through A&E net’ to receive over £1m in damages – Daily Telegraph

Posted July 20th, 2017 in damages, delay, health, medical treatment, news by tracey

‘A father who lost a leg and fingers to a flesh-eating bug after he was “lost in the system” at a busy NHS hospital has won the right to million-pound damages.’

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Daily Telegraph, 19th July 2017

Source: www.telegraph.co.uk

Record NHS negligence payouts, fuelled by maternity blunders – Daily Telegraph

Posted July 14th, 2017 in birth, damages, hospitals, negligence, news by tracey

‘The NHS paid out more than £1bn in damages for medical negligence last year – a record high, fuelled by maternity blunders, official figures show.’

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Daily Telegraph, 13th July 2017

Source: www.telegraph.co.uk

Court awards aggravated damages against Ombudsman over case handling – Local Government Lawyer

‘Aggravated damages have been awarded against the Local Government and Social Care Ombudsman over its treatment of an applicant.’

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Local Government Lawyer, 11th July 2017

Source: www.localgovernmentlawyer.co.uk

Thomas Cook wins fake holiday sickness case – BBC News

Posted July 12th, 2017 in damages, food hygiene, fraud, holidays, news, personal injuries by sally

‘Travel company Thomas Cook says it has won a legal victory against a fake holiday sickness claim and plans to challenge other such claims in court.’

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BBC News, 11th July 2017

Source: www.bbc.co.uk

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Section 57 Application to High Value Cases: Stanton v Hunter – Park Square Barristers

Posted July 5th, 2017 in damages, fraud, negligence, news, personal injuries by sally

‘On 31st March 2017 Recorder Hatfield QC, sitting at Liverpool County Court, dismissed the claim in Stanton v Hunter pursuant to section 57 of the Criminal Courts and Justice Act 2015 (judgment available on Lawtel). The Defendant admitted primary liability but alleged contributory negligence in response to the claim for damages as a result of personal injuries arising from an accident which occurred whilst he was working on the Defendant’s property. Following a two-day trial, the Judge found although the Claimant had suffered a genuine injury, he had deliberately and dishonestly exaggerated the extent of his symptoms and in particular his ability to work and dismissed the entire claim.’

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Park Square Barristers, 19th June 2017

Source: www.parksquarebarristers.co.uk

Hegarty v University Hospitals NHS Foundation Trust – Old Square Chambers

‘There is an interesting QBD case on Lawtel this morning illustrating the difficulties in clinical negligence cases for claimants wishing to sue under the Human Rights Act 1998 (HRA). It is important to remember that at present only the Lawtel case summary is available.’

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Old Square Chambers, 27th June 2017

Source: www.oldsquare.co.uk

Animals Act Appeal Case Law – Park Square Barristers

Posted July 5th, 2017 in appeals, damages, horses, news, personal injuries, statutory interpretation by sally

‘Langstaff J upheld on appeal a first instance decision dismissing a claimant’s claim for injury when he fell from a horse.’

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Park Square Barristers, 23rd June 2017

Source: www.parksquarebarristers.co.uk

Supreme Court finds difference in value should not be offset against loss for breach of contract – OUT-LAW.Com

Posted July 3rd, 2017 in arbitration, causation, charterparties, damages, news by tracey

‘A ship owner who sold a vessel after a charterer breached its contract, making more money than it would have done selling the ship at the end of the breached contract, does not have to offset that difference in value against its claim for loss of earnings, the Supreme Court has ruled.’

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OUT-LAW.com, 29th June 2017

Source: www.out-law.com

Wrongful Dismissal Damages – Employment Law Blog

Posted June 30th, 2017 in damages, news, wrongful dismissal by tracey

‘It is established law that (1) the doctrine of mitigation of loss by way of avoided loss applies to claims for damages for breach of contract by way of wrongful dismissal from employment, (2) this means that there must be deducted amounts that the employee earned or should have earned in substituted alternative employment, and (3) such amounts are capable of encompassing benefits in kind, but (4) this is subject to the important qualification that the benefit must not be too remote. Lavarack v Woods of Colchester [1967] 1 QB 278 is an illustration of these propositions.’

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Employment Law Blog, 29th June 2017

Source: employment11kbw.com

Lifting Automatic Suspension – Local Government Law

Posted June 30th, 2017 in contracts, damages, news, public procurement, transport by tracey

‘In yet another Alstom Transport UK Limited v London Underground Ltd (2017) EWHC 1521 (TCC) the Defendants applied to lift an automatic suspension on contract making imposed by the Utilities Contracts Regulations 2006.’

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Local Government Law, 28th June 2017

Source: local-government-law.11kbw.com

Failure to pay correct court fee not an abuse of process – Litigation Futures

‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’

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Litigation Futures, 20th June 2017

Source: www.litigationfutures.com

Trans woman receives police payout after being forced to strip naked and sprayed with mace – The Independent

Posted June 21st, 2017 in assault, damages, mental health, news, police, sex discrimination, transsexuals by sally

‘A trans woman has won “substantial” damages after police stripped her and sprayed her in the face with mace, forcing her to wash her eyes out with toilet water.’

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The Independent, 20th June 2017

Source: www.independent.co.uk

High Court orders trial over enforcement of disputed DBA – Law Society’s Gazette

Posted June 15th, 2017 in agreements, costs, damages, delay, law firms, news by sally

‘The High Court has allowed for trial of a preliminary issue in a case concerning the limits of a damages based agreement (DBA).’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Whip-lash away? – Counsel

Posted June 9th, 2017 in barristers, bills, costs, damages, judges, news, personal injuries, road traffic by sally

‘As the general election pauses the planned whiplash reforms, Robert Weir QC examines the winners and losers, implications for personal injury litigation and disproportionate impact on the junior Bar.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk