damages – Current Awareness

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

Posted August 9th, 2018 in contracts, damages, harassment, minimum wage, news, personal injuries, trafficking in human beings by sally

‘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.’

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.’

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.’

Hailsham Chambers, 18th July 2018

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

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

Posted August 7th, 2018 in damages, hospital orders, hospitals, illegality, mental health, news, personal injuries, post-traumatic stress disorder by sally

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

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.’

Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

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

Posted July 24th, 2018 in consultations, consumer protection, damages, duty of care, financial regulation, news by tracey

‘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”.’

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.’

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.’

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.’

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.’

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

Posted July 5th, 2018 in construction industry, contracting out, contracts, damages, insolvency, news, telecommunications by tracey

‘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.’

Practical Law: Construction Blog, 4th July 2018

Source: constructionblog.practicallaw.com

Daily Mail publisher ordered to pay libel damages to Earl Spencer over report he was ‘heartless’ to Diana – The Independent

Posted June 29th, 2018 in damages, defamation, media, news, royal family by tracey

‘Associated Newspapers, the publisher of the Daily Mail, has paid libel damages to the brother of Princess Diana over a claim he acted in a heartless and callous way towards her following the collapse of her marriage to Prince Charles.’

The Independent, 28th June 2018

Source: www.independent.co.uk

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.’

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.’

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’.’

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.’

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.’

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.’

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.’

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. ‘

Legal Futures, 6th June 2018

Source: www.legalfutures.co.uk

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