Special Damages for Physiotherapy Costs: Rates Limited to the Charges of the Physiotherapist Offered by the Defendant’s Insurers – Zenith PI Blog

Posted March 23rd, 2017 in costs, damages, insurance, news, personal injuries, physiotherapists, rehabilitation by sally

‘On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates charged by the physiotherapist whose treatment was offered by the Defendant’s insurers.’

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Zenith PI Blog, 22nd March 2017

Source: www.zenithpi.wordpress.com

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Gym goer who complained music was not motivating wins damages after an instructor humiliated him over microphone for complaint – Daily Telegraph

‘A fitness enthusiast who complained his gym’s music was not motivating enough has won damages after an instructor humiliated him over a microphone for complaining.’

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Daily Telegraph, 22nd March 2017

Source: www.telegraph.co.uk

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“We’ve gone for moderate options to reform PI,” says justice minister – Legal Futures

Posted March 21st, 2017 in bills, compensation, damages, news, personal injuries, road traffic, small claims by tracey

‘The increase in whiplash claims at a time of falling road traffic accidents and improving car safety means that “cases are obviously exaggerated to some extent, and perhaps fraudulent”, justice minister Sir Oliver Heald said yesterday as he defended the government’s “moderate” personal injury reform proposals during the second reading of the Prisons and Courts Bill.’

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Legal Futures, 21st March 2017

Source: www.legalfutures.co.uk

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NHS trust triples injury payout to £9.3m under controversial new rules – The Guardian

‘The first case settled under controversial new compensation rules for serious injuries has seen an NHS trust forced to nearly triple its payout to a 10-year-old girl left with cerebral palsy from £3.8m to £9.3m.’

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The Guardian, 20th March 2017

Source: www.guardian.co.uk

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Rape, incest and damage: but who is the real victim? – UK Human Rights Blog

‘Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend.’ The predictability of genetic disorders continues to challenge existing law. Here, the Court of Appeal had to consider whether a child born as a result of incestuous rape could claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities. These were 50% predictable as a result of the nature of his conception, as opposed to 2-3% in the general population.’

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UK Human Rights Blog, 15th March 2017

Source: www.ukhumanrightsblog.com

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£2 damages winner faces costs bill for nine-day hearing – Law Society’s Gazette

Posted March 15th, 2017 in costs, damages, data protection, misuse of private information, news by tracey

‘A claimant who secured £2 in nominal damages has been told they face a substantial costs bill for turning down an earlier offer to settle.’

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Law Society’s Gazette, 14th March 2017

Source: www.lawgazette.co.uk

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Jack Monroe wins Twitter libel case against Katie Hopkins – The Guardian

Posted March 13th, 2017 in costs, damages, defamation, internet, news by sally

‘The writer and food blogger Jack Monroe has won a libel action against the Daily Mail columnist Katie Hopkins and been awarded £24,000 damages, in a row over tweets suggesting Monroe approved of defacing a war memorial during an anti-austerity demonstration in Whitehall.’

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The Guardian, 10th March 2017

Source: www.guardian.co.uk

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Child asylum seekers may have been illegally detained, rules court – The Guardian

Posted March 10th, 2017 in asylum, children, damages, detention, news by sally

‘The government could be found to have illegally detained many child asylum seekers after a landmark ruling in the court of appeal said immigration officers could not simply disbelieve the stated age of refugees.’

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The Guardian, 9th March 2017

Source: www.guardian.co.uk

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Church liability: fall from ladder – Law & Religion UK

‘On 3 March 2017, the Court of Appeal (Civil) Division handed down the judgment in Casson v Hudson & Anor [2017] EWCA Civ 125 in relation to a claim for damages following a fall from a ladder during the painting of a church hall. The case highlights the potential liabilities faced by incumbents and PCCs in relation to persons undertaking work on premises for which they are responsible.’

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Law & Religion UK, 8th March 2017

Source: www.lawandreligionuk.com

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ATE insurer escapes £320,000 costs liability because of policy breaches – Litigation Futures

Posted March 7th, 2017 in contracts, costs, damages, insurance, news by tracey

‘An after-the-event insurer (ATE) has escaped liability to pay out £320,000 after the High Court found that its insured had breached four conditions precedent in the policy.’

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Litigation Futures, 7th March 2017

Source: www.litigationfutures.com

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Class certification hearings – Law Society’s Gazette

Posted March 6th, 2017 in class actions, competition, damages, news, third parties, tribunals by sally

‘After a wait of more than a year from the introduction of class actions in the UK, there were two class certification hearings before the UK’s Competition Appeal Tribunal (CAT) in just over a month. Although in each case the CAT has yet to hand down its certification decision, the hearings have given some clear signals about how the CAT sees the regime.’

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Law Society’s Gazette, 6th March 2017

Source: www.lawgazette.co.uk

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Row erupts after rich pensioner erects barricade to block off neighbour’s £2m home – Daily Telegraph

Posted March 3rd, 2017 in damages, injunctions, news, privacy, right to light by tracey

‘A rich pensioner is locked in a bizarre neighbours war with a cutting-edge architect and her partner, after erecting a huge wooden barricade that blocks off the windows and back door of their innovative £2 million house.’

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Daily Telegraph, 2nd March 2017

Source: www.telegraph.co.uk

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Potential financial losses and gains from theft of confidential information did not justify award of ‘jackpot damages’, rules UK judge – OUT-LAW.com

Posted February 28th, 2017 in damages, data protection, employment, news, theft by tracey

‘Businesses that have confidential information stolen from them but do not suffer a financial loss as a result of that theft will generally not be eligible for damages if those that have taken the information unlawfully have not made any financial gain by doing so, a judge at the High Court in London has said.’

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OUT-LAW.com, 27th February 2017

Source: www.out-law.com

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Adherence to Wells ruling meant discount rate cut was only option, says Truss – Litigation Futures

Posted February 28th, 2017 in consultations, damages, interest, news, personal injuries by tracey

‘The “faithful application” of the principles set down by the House of Lords in Wells v Wells was the reason Lord Chancellor Liz Truss rejected calls to take a “mixed portfolio” approach to setting the discount rate, in a move one leading observer suggested showed “nimble political footwork”.’

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Litigation Futures, 28th February 2017

Source: www.litigationfutures.com

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HRA Claims and Concurrent Care Proceedings: Third Party Costs Orders, Statutory Charge Guidance and an Invitation to the Lord Chancellor – Family Law Week

‘Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).’

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Family Law Week, 23rd February 2017

Source: www.familylawweek.co.uk

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New UK laws address driverless cars insurance and liability – OUT-LAW.com

Posted February 24th, 2017 in bills, damages, insurance, news, personal injuries, road traffic by sally

‘Insurers would be primarily responsible for paying out damages stemming from accidents caused by ‘automated vehicles’ under new UK legislation laid before the UK parliament’

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OUT-LAW.com, 23rd February 2017

Source: www.out-law.com

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Formula Milk and Human Rights: Council That Removed Baby Pays Damages – RightsInfo

Posted February 22nd, 2017 in compensation, damages, families, human rights, local government, news by sally

‘A local council who took a newborn baby boy from his parents violated their human right to family life and a fair trial, a judge has ruled.’

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RightsInfo, 17th February 2017

Source: www.rightsinfo.org

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Jackson watch: fixed recoverable costs review – New Law Journal

Posted February 22nd, 2017 in budgets, costs, damages, negligence, news, personal injuries, proportionality by sally

‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’

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New Law Journal, 21st February 2017

Source: www.newlawjournal.co.uk

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Government faces judicial review challenge over contaminated blood payments – Local Government Lawyer

Posted February 20th, 2017 in blood products, damages, health, HIV, judicial review, news by sally

‘The Government is being taken to judicial review over alleged discrimination in its payment scheme for people living with HIV and the Hepatitis C virus.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

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Family judge condemns 2,000-page bundle – Law Society’s Gazette

‘A family judge has expressed his disapproval at the ‘unwarranted expenditure’ in a case where a local authority breached Article 8 rights under the European Convention on Human Rights by taking an infant into care.’

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Law Society’s Gazette, 17th February 2017

Source: www.lawgazette.co.uk

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