High Court allows appeal by claimant after council bids to withdraw admissions of liability in failure to remove case – Local Government Lawyer

‘An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.’

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Local Government Lawyer, 17th September 2020

Source: www.localgovernmentlawyer.co.uk

The Parable of the Property Developer – Nearly Legal

Posted September 7th, 2020 in damages, injunctions, landlord & tenant, news, repossession by sally

‘An unlawful eviction case, but not a residential one. A note because it is an interesting case of a badly behaved property developers, a church an a question over general damages.’

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Nearly Legal, 6th September 2020

Source: nearlylegal.co.uk

Case Comment: Sevilleja v Marex Financial Ltd [2020] UKSC 31 – UKSC Blog

Posted September 4th, 2020 in appeals, company law, damages, debts, insolvency, news, shareholders, Supreme Court, third parties by sally

‘In this case comment, David Bridge and Jessica Foley, both solicitor-advocates within the CMS litigation & arbitration team, comment on the decision handed down by the UK Supreme Court earlier this summer in the matter of Sevilleja v Marex Financial Ltd [2020] UKSC 31, which concerned whether the rule against reflective loss bars creditors of a company from claiming directly against a third party for asset-stripping the company.’

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UKSC Blog, 4th September 2020

Source: ukscblog.com

Tribunal upholds award to age discrimination job interview solicitor – Law Society’s Gazette

‘The employment tribunal has declined to change its compensation award made to a solicitor who claimed age discrimination when he was turned down for a job.’

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Law Society's Gazette, 27th August 2020

Source: www.lawgazette.co.uk

An Introduction to Ogden 8 – Ropewalk Chambers

Posted August 28th, 2020 in accidents, chambers articles, compensation, damages, news, personal injuries by sally

‘On 17th July 2020, the Ogden Working Party published the 8th Edition of the Ogden Tables, the first new edition
in almost a decade and the first under a new Chairman, William Latimer-Sayer QC.’

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Ropewalk Chambers, 18th August 2020

Source: www.ropewalk.co.uk

Judge rejects challenges to £13k award for age discrimination solicitor – Legal Futures

Posted August 27th, 2020 in age discrimination, damages, employment tribunals, law firms, news, solicitors by sally

‘An employment judge has refused applications from both sides to reconsider his decision to award an experienced property solicitor damages of £13,200 for age discrimination by a law firm.’

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Legal Futures, 27th August 2020

Source: www.legalfutures.co.uk

Courts cannot critique “uncontroverted” expert reports – Litigation Futures

‘It is not the role of the courts to subject “uncontroverted” expert reports to “the same kind of analysis and critique as if it was evaluating a controverted or contested report”, the High Court has ruled.’

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Litigation Futures, 25th August 2020

Source: www.litigationfutures.com

Steep fall in injury claims during lockdown – Litigation Futures

‘There was a 38% fall in the number of injury claims registered with the Compensation Recovery Unit (CRU) during the first three months of lockdown, government figures have confirmed.’

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Litigation Futures, 20th August 2020

Source: www.litigationfutures.com

PI Fraud: when silence can be FD – Park Square Barristers

‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’

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Park Square Barristers, 3rd August 2020

Source: www.parksquarebarristers.co.uk

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

Abuse victim accused of ‘grooming’ teacher awarded £1m – BBC News

Posted August 11th, 2020 in damages, local government, news, sexual grooming, sexual offences, teachers by sally

‘A man sexually abused as a schoolboy has been awarded more than £1m from his teacher’s employer.’

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BBC News, 11th August 2020

Source: www.bbc.co.uk

Claimant ordered to pay defence costs after fundamental dishonesty finding – Law Society’s Gazette

Posted August 5th, 2020 in appeals, compensation, costs, damages, deceit, indemnities, news, personal injuries by sally

‘The High Court has reversed a costs order on appeal after a successful defendant had initially been forced to pay most of the losing claimant’s costs.’

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Law Society's Gazette, 1st August 2020

Source: www.lawgazette.co.uk

Reining in the rule against reflective loss: Sevilleja v Marex Financial Ltd – Hardwicke Chambers

Posted July 30th, 2020 in causation, company law, damages, insolvency, news, shareholders, Supreme Court by sally

‘In a much-anticipated judgment, the Supreme Court in Sevilleja v Marex Financial Ltd unanimously allowed an appeal against a decision which, if it had been allowed to stand, would have denuded the intentional economic torts of much of their practical utility.’

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Hardwicke Chambers, 28th July 2020

Source: hardwicke.co.uk

Reflecting on “reflective loss”: Case note on Sevilleja v Marex Financial Ltd [2020] UKSC 31 – Hailsham Chambers

Posted July 30th, 2020 in causation, company law, damages, insolvency, news, shareholders, Supreme Court by sally

‘The appeal to the Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31 re-states the principle that a company’s shareholders cannot recover damages against a wrongdoer for loss which is “reflective” of a loss caused by the wrongdoer to the company itself.’

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Hailsham Chambers, July 2020

Source: www.hailshamchambers.com

Sevilleja v Marex: Reflective Loss Restated – 4 New Square

Posted July 30th, 2020 in causation, company law, damages, insolvency, news, shareholders, Supreme Court by sally

‘The Supreme Court’s decision in Sevilleja v. Marex Financial Ltd, 15 July 2020, fundamentally restates the doctrine of reflective loss in company law so that:

A claim by a company’s creditor against a third party will not be barred where it reflects loss suffered by the company, even if the creditor is also a shareholder; and
There is no longer an exception to the doctrine where the wrongdoer has brought about the company’s impecuniosity.’

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4 New Square, 17th July 2020

Source: www.4newsquare.com

Misuse of Private Information: A Tort in its Infancy – Pump Court Chambers

‘There has been an avalanche of commentary on the recent decision of the Supreme Court in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. The case has provided some welcome guidance on vicarious liability in the wake of the earlier decision of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11, and also represents the first class action of its kind in the UK.’

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Pump Court Chambers, 23rd July 2020

Source: www.pumpcourtchambers.com

Depp libel trial reveals problems of proof in domestic violence cases – The Guardian

‘Despite being a libel case, Depp v News Group Newspapers Ltd & Another felt more like a criminal trial at the Old Bailey, or a domestic violence hearing in the family courts.’

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The Guardian, 28th July 2020

Source: www.theguardian.com

Andrew Bunting -v- Zurich Insurance Plc [2020] EWHC 1807 (QB): Case Comment – 12 King’s Bench Walk

Posted July 28th, 2020 in accidents, damages, deposits, insurance, news, road traffic by sally

‘Bunting -v- Zurich is an important appeal decision of Pepperall J in the High Court sitting at Birmingham which will likely have a significant impact on the credit hire industry. The decision provides helpful guidance on the merits of the various arguments raised in relation to perceived inadequacies of basic hire rates. This case comment considers the appeal and looks at how County Courts have been responding to the judgment.’

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12 King's Bench Walk, 24th July 2020

Source: www.12kbw.co.uk

New high for NHS claims settling before proceedings – Litigation Futures

‘The percentage of clinical claims against the NHS being resolved before issue has continued to climb to new levels, although claimant legal costs have also increased over the past year.’

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Litigation Futures, 21st July 2020

Source: www.litigationfutures.com

Asylum seeker to sue Home Office after falling ill with Covid-19 – The Guardian

‘An asylum seeker who became infected with Covid-19 after an outbreak in his accommodation – despite assurances from the Home Office that he would not be at risk from the virus there – is taking legal action against the government.’

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The Guardian, 21st July 2020

Source: www.theguardian.com