Japanese knotweed nuisance in the light of Waistell and Smith v Line – Hardwicke Chambers

Posted June 20th, 2018 in damages, injunctions, news, nuisance, railways, trees by sally

‘Two recent County Court decisions have grappled with the issue of Japanese knotweed (JK) in the context of private nuisance claims between neighbouring landowners. The first was the judgment of Mr Recorder Grubb in Cardiff in respect of two separate actions with a common defendant: Williams v Network Rail Infrastructure Ltd (B20YX969) and Waistell v Network Rail Infrastructure Ltd (B34YJ849) (together Waistell). Still more recent was the judgment of HHJ Carr in Truro in Smith and another v Line (CTR00216) (Smith v Line), which was widely reported, albeit not entirely accurately, in the broadsheet and tabloid newspapers at the time of the hearing.’

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Hardwicke Chambers, 11th May 2018

Source: www.hardwicke.co.uk

No joy for Joy: unlawful eviction, re-letting and damages in the Court of Appeal – Hardwicke Chambers

Posted June 18th, 2018 in damages, injunctions, landlord & tenant, married persons, news, trespass by sally

‘The Court of Appeal has provided some useful (and dare I venture to say, some not so useful) guidance on damages for unlawful eviction.’

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Hardwicke Chambers, 11th June 2018

Source: www.hardwicke.co.uk

CoA awards £60k damages against ‘unscrupulous’ fake firm fraudsters – Law Society’s Gazette

Posted June 18th, 2018 in damages, fraud, law firms, misrepresentation, news, solicitors by sally

‘The Court of Appeal has ruled that an insurance company is entitled to exemplary damages against fraudsters whose conduct was described as ‘outrageous’.’

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Law Society's Gazette, 15th June 2018

Source: www.lawgazette.co.uk

Costs can be proportionate even if they exceed damages, Senior Costs Judge says – Litigation Futures

Posted June 18th, 2018 in costs, damages, interception, news, privacy, proportionality by sally

‘The proportionality test does not prevent the recovery of costs that are higher than the sums at issue in litigation, the Senior Costs Judge has said in allowing such a recovery by a host of celebrities awarded damages in the Mirror Group Newspapers (MGN) phone hacking litigation.’

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Litigation Futures, 14th June 2018

Source: www.litigationfutures.com

Trafficked woman harassed when housed by council fails in damages claim – Local Government Lawyer

Posted June 14th, 2018 in damages, harassment, housing, local government, news by tracey

‘A judge has dismissed a claim brought by a woman trafficked into prostitution that a council was responsible for harassment that occurred when she was housed.’

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Local Government Lawyer, 14th June 2018

Source: www.localgovernmentlawyer.co.uk

Smith v Khan – Arden Chambers

Posted June 12th, 2018 in appeals, compensation, damages, landlord & tenant, news, repossession, trespass by sally

‘The Court of Appeal has held that, in unlawful eviction cases, damages for trespass must compensate the tenant not merely for the letting value of the property of which he has been deprived but also for the anxiety, inconvenience and mental stress involved in the loss of what was the tenant’s home. The practice of cross-checking the amount of damages against the contractual rent used in disrepair cases (Wallace v Manchester CC [1998] 30 H.L.R. 1111, CA) does not apply to such claims.’

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Arden Chambers, 18th May 2018

Source: www.ardenchambers.com

Damages for badly performed homeless duties? – Nearly Legal

Posted June 11th, 2018 in damages, homelessness, local government, news, statutory duty by sally

‘Brief notes on a couple of cases, both, in different ways, approaching the issue of whether a homeless applicant can claim for damages arising from the bad performance of the local authority’s statutory duties.’

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Nearly Legal, 11th June 2018

Source: nearlylegal.co.uk

A guide to the Civil Liability Bill – Legal Futures

Posted June 7th, 2018 in bills, damages, news, personal injuries, road traffic by sally

‘Compensation claims, particularly for minor injuries as a result of road traffic accidents, are the centre of ongoing tension between the insurance industry and those who represent claimants. ‘

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Legal Futures, 6th June 2018

Source: www.legalfutures.co.uk

Jail for man who “grossly exaggerated” impact of negligent treatment in NHS first – Litigation Futures

Posted June 4th, 2018 in damages, medical treatment, negligence, news, personal injuries, sentencing by sally

‘A man who “grossly exaggerated” the effects of negligent hospital treatment – claiming £837,000 when he had been offered £30,000 – was last week sentenced to three months in jail in the first contempt of court case brought by an NHS foundation trust.’

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Litigation Futures, 4th June 2018

Source: www.litigationfutures.com

Claimant fails in damages claim against council for housing breaches – Local Government Lawyer

Posted May 31st, 2018 in damages, housing, human rights, local government, news by sally

‘A woman left in unsuitable housing is not entitled to damages from the London Borough of Enfield, the High Court has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Civil Liability Bill: Whiplash damages and definition revealed – Law Society’s Gazette

Posted May 9th, 2018 in bills, damages, news, personal injuries, road traffic, select committees by tracey

‘Legislators have outlined the tariffs that are likely to apply to whiplash injuries if a bill for fixed figures is passed. In a draft order of the Civil Liability Bill laid before parliament today, the total damages for pain, suffering and loss of amenity payable for injuries lasting less than three months is restricted to £225. That figure rises to £450 for injuries up to six months, and to £765 where the injuries last nine months.’

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Law Society's Gazette, 8th May 2018

Source: www.lawgazette.co.uk

Female police officer sues Met for £200,000 after having to watch 100 child rape videos – Daily Telegraph

‘A policewoman is suing the Metropolitan Police for £200,000, in what is thought to be the first case of its kind, after having to watch 100 child abuse videos.’

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Daily Telegraph, 6th May 2018

Source: www.telegraph.co.uk

Mirror Group forced to pay phone hacking damages to Danielle Lloyd, Dwight Yorke and Andy Cole – The Independent

Posted May 4th, 2018 in damages, interception, media, news, privacy, telecommunications by tracey

‘Mirror Group Newspapers has been forced to pay damages to a model, an actress and two former footballers over the phone hacking scandal.’

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The Independent, 3rd May 2018

Source: www.independent.co.uk

Reduced hourly rates for incurred costs and damages far lower than claimed “not good reasons” to depart from budget – Litigation Futures

Posted May 1st, 2018 in armed forces, budgets, costs, damages, news, personal injuries by tracey

‘Master Rowley has become the latest judge to rule that a reduction in hourly rates for incurred costs is not a good reason to do the same to budgeted costs.’

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Litigation Futures, 1st May 2018

Source: www.litigationfutures.com

Case Comment: Morris-Garner v One Step (Support) Ltd [2018] UKSC 20 – UK Supreme Court Blog

Posted April 27th, 2018 in contracts, damages, economic loss, news, restrictive covenants by tracey

‘PAUL NICHOLLS QC, MATRIX Case Comments: It is often very difficult in cases involving breaches of restrictive covenants and misuse of confidential information to recover damages. It can be hard to prove loss. Employees may adduce evidence to show, for example, that customers would have ceased to deal with the claimant employer as a result of the mere fact of the employee’s departure such that the employee’s breach of a non-solicitation covenant has not caused loss. In cases about misuse of confidential information, the employee may be able to show that information wrongly removed could easily have been obtained from legitimate sources such that no loss flows from the misuse.’

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UK Supreme Court Blog, 24th April 2018

Source: ukscblog.com

Woman divorcing husband when he died claims £675k damages because ‘I still loved him’ – Daily Telegraph

Posted April 25th, 2018 in accidents, damages, divorce, news, road traffic by sally

‘A woman who was divorcing her husband when he died is trying to claim over £675,000 in damages because she claims she still loved him, the High Court has heard.’

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Daily Telegraph, 24th April 2018

Source: www.telegraph.co.uk

Supreme Court limits ‘negotiating damages’ for restrictive covenant breaches – OUT-LAW.com

Posted April 23rd, 2018 in damages, economic loss, news, restrictive covenants, Supreme Court by tracey

‘Damages awarded to the owners of a care business for the breach by their former business partners of a non-compete clause and other restrictive covenants should be calculated based on their actual financial loss, rather than hypothetical “negotiating damages”, the UK’s highest court has ruled.’

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OUT-LAW.com, 20th April 2018

Source: www.out-law.com

Personal Injury and the tort of deceit – Zenith Chambers

Posted April 13th, 2018 in damages, deceit, news, personal injuries, road traffic by sally

‘In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident. ‘

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Zenith Chambers, 27th March 2018

Source: www.zenithchambers.co.uk

Riaz v Ashwood – 4 New Square

Posted April 13th, 2018 in costs, damages, fees, news, solicitors by sally

‘Master James has noted that courts are receiving a large and increasing number of these types of claims; the increase was attributed to a new business model by which new lawyers seek to challenge the deduction by previous solicitors from their client’s damages of a success fee under a post-LASPO CFA.’

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4 New Square, 28th March 2018

Source: www.4newsquare.com

Violist wins against Royal Opera House for hearing loss – UK Human Rights Blog

‘The ROH has been found liable for failing to protect the hearing of its musicians and for causing acoustic shock to former viola player Chris Goldscheider. This is the first time a musical institution has been found responsible for damage to the hearing of musicians, and the first time that acoustic shock as been recognised as an injury sounding in damages.’

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UK Human Rights Blog, 2nd April 2018

Source: ukhumanrightsblog.com