Category: damages

Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog

Posted September 13th, 2021 in chambers articles, compensation, damages, dentists, duty of care, negligence, news, vicarious liability by tracey

‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’

Full Story

Ropewalk Clinical Negligence Blog, 7th September 2021

Source: www.ropewalk.co.uk

Local authority ordered to pay mother fleeing ex-partner £10k in compensation following data breach – Local Government Lawyer

Posted September 8th, 2021 in compensation, damages, data protection, disclosure, families, harassment, local government, news, school children by sally

‘Hampshire County Council should pay £10,000 in compensation after a mother who was fleeing her ex-partner had her address exposed in a data breach, Portsmouth Magistrates’ Court has ruled.’

Full Story

Local Government Lawyer, 6th September 2021

Source: www.localgovernmentlawyer.co.uk

Woman refused 5pm finish wins £185,000 payout – BBC News

Posted September 8th, 2021 in damages, employment, employment tribunals, equality, families, flexible working, news, sex discrimination by sally

‘Alice Thompson wanted to work shorter hours to pick her daughter up from nursery, but ended up resigning.’

Full Story

BBC News, 7th September 2021

Source: www.bbc.co.uk

PI claim to proceed despite tribunal settlement – Law Society’s Gazette

Posted September 3rd, 2021 in abuse of process, damages, employment, employment tribunals, news, personal injuries, striking out by tracey

‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’

Full Story

Law Society's Gazette, 2nd September 2021

Source: www.lawgazette.co.uk

Costs and costs of repairs – Nearly Legal

Posted August 31st, 2021 in damages, expert witnesses, landlord & tenant, local government, news, repairs, small claims by sally

‘An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation.’

Full Story

Nearly Legal, 30th August 2021

Source: nearlylegal.co.uk

PDS employee dismissed after work with murderer awarded £100k – Legal Futures

Posted August 23rd, 2021 in compensation, damages, disability discrimination, employment, employment tribunals, mental health, Ministry of Justice, murder, news, post-traumatic stress disorder, unfair dismissal by tracey

‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’

Full Story

Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

Harry Dunn: Civil damages deposition case postponed – BBC News

Posted August 20th, 2021 in bereavement, damages, dangerous driving, diplomats, extradition, families, homicide, immunity, news by sally

‘The deposition of Harry Dunn’s alleged killer has been postponed just days before it was due to take place.’

Full Story

BBC News, 19th August 2021

Source: www.bbc.co.uk

UK academic sues university after losing role in critical race theory row – The Guardian

Posted August 17th, 2021 in appeals, damages, employment, employment tribunals, equality, news, political opinion discrimination, race discrimination, racism, unfair dismissal, universities by tracey

‘Aysha Khanom claims discrimination after Leeds Beckett accused her of using “racist language” in tweets.’

Full Story

The Guardian, 16th March 2021

Source: www.theguardian.com

UK appeal court clarifies ‘doctrine of merger’ – OUT-LAW.com

Posted August 13th, 2021 in abuse of process, appeals, damages, mergers, news, res judicata by tracey

‘A recent decision by the English Court of Appeal confirms the scope of the “doctrine of merger”, which is designed to prevent an abuse of court process by preventing parties from bringing multiple claims in respect of the same cause of action.’

Full Story

OUT-LAW.com, 12th August 2021

Source: www.pinsentmasons.com

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted August 13th, 2021 in damages, divorce, families, family courts, financial dispute resolution, financial provision, news, personal injuries by tracey

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

Full Story

Family Law, 12th August 2021

Source: www.familylaw.co.uk

Liquidated damages and London buses – Practical Law: Construction Blog

Posted August 11th, 2021 in compensation, construction industry, contracts, damages, news by tracey

‘Cases about liquidated damages are, it transpires, like London buses: you wait ages for one to turn up and then two come along together.’

Full Story

Practical Law: Construction Blog, 9th August 2021

Source: constructionblog.practicallaw.com

Appeal judges reject “binary” approach to negligence claim – Legal Futures

Posted August 5th, 2021 in damages, limitations, negligence, news, personal injuries, striking out by sally

‘The Court of Appeal has rejected as “too binary” the approach taken by a High Court judge when striking out a negligence claim against lawyers over their former client’s capacity to litigate.’

Full Story

Legal Futures, 5th August 2021

Source: www.legalfutures.co.uk

Damages for breach of lease? Possibly not… – Nearly Legal

Posted August 3rd, 2021 in covenants, damages, injunctions, landlord & tenant, leases, news by sally

‘This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a judgment by HHJ Luba QC, so carries the weight of a highly experienced housing/landlord and tenant judge.’

Full Story

Nearly Legal, 1st August 2021

Source: nearlylegal.co.uk

Supreme Court Revisits Wrongful Birth Claims – Quarterly Medical Law Review

Posted July 30th, 2021 in appeals, autism, birth, compensation, damages, doctors, duty of care, families, negligence, news, Supreme Court, wrongful birth by sally

‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’

Full Story

Quarterly Medical Law Review, 28th July 2021

Source: 1corqmlr.com

Dougan v Bike Events Ltd: High Court decision on liability for a cycling sportive accident – 12 King’s Bench Walk

Posted July 29th, 2021 in accidents, chambers articles, damages, health & safety, negligence, news, personal injuries, sport by sally

‘The claim was brought by Mr Dougan, an event participant, against Bike Events Ltd as the event organiser of the Manchester 100, a non-competitive charity cycling sportive on open roads.’

Full Story

12 King's Bench Walk, 19th July 2021

Source: www.12kbw.co.uk

Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers

Posted July 29th, 2021 in accidents, appeals, chambers articles, damages, news, personal injuries, psychiatric damage by sally

‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’

Full Story

Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

A return to orthodoxy – Supreme Court decides on Triple Point v PTT: Case analysis by Mathias Cheung – Atkin Chambers

Posted July 29th, 2021 in appeals, chambers articles, construction industry, contracts, damages, news, Supreme Court by sally

‘The following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021).’

Full Story

Atkin Chambers, 26th July 2021

Source: www.atkinchambers.com

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

Posted July 29th, 2021 in appeals, autism, chambers articles, children, damages, doctors, duty of care, negligence, news, pregnancy, Supreme Court by sally

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

Full Story

Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com

Council and bus operator to pay out £109k in damages and costs to religious organisation over refusal to advertise rally – Local Government Lawyer

Posted July 23rd, 2021 in advertising, costs, damages, freedom of expression, human rights, local government, news by sally

‘Blackpool Council and its wholly owned company Blackpool Transport Services have been ordered to pay £109,000 in damages and costs to a religious organisation run by evangelist Franklin Graham after refusing to advertise a rally on buses.’

Full Story

Local Government Lawyer, 21st July 2021

Source: www.localgovernmentlawyer.co.uk

Tommy Robinson loses libel case brought by Syrian schoolboy – The Guardian

Posted July 23rd, 2021 in assault, children, damages, defamation, internet, Islam, news, victims, young persons by sally

‘The anti-Islam activist Tommy Robinson has lost a libel case brought against him by a Syrian schoolboy who was filmed being attacked at school.’

Full Story

The Guardian, 22nd July 2021

Source: www.theguardian.com