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

Personal Injury and the tort of deceit – Zenith PI

Posted March 27th, 2018 in damages, deceit, news, personal injuries by tracey

‘UK Insurance Ltd –v- Gentry [2018] EWHC 372B. 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 PI, 27th March 2018

Source: zenithpi.wordpress.com

UKIP ordered to pay Labour MPs £175,000 in damages – BBC News

Posted March 20th, 2018 in costs, damages, defamation, news, political parties by sally

‘UKIP has been ordered to pay £175,000 in legal costs over a defamation case brought by three South Yorkshire Labour MPs.’

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BBC News, 19th March 2018

Source: www.bbc.co.uk

Divorce? You may regret it if you don’t ask for legal advice – Family Law

Posted March 12th, 2018 in agreements, damages, divorce, financial provision, mental health, news by sally

‘Yedina v Yedin and another [2017] EWHC 3319 (Ch) was an interesting case which highlighted the importance of seeking advice from a family lawyer when planning to divorce.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by tracey

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

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Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Channel 5 ordered to pay £20,000 damages to evicted couple – BBC News

Posted February 23rd, 2018 in damages, media, misuse of private information, news, privacy by tracey

‘Channel 5 has been ordered to pay a couple £10,000 each for the distress of broadcasting them being evicted.’

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BBC News, 22nd February 2018

Source: www.bbc.co.uk

Standup comedian’s husband sues for defamation over ‘provocative’ show – The Guardian

‘An award-winning standup comedian is being sued by her estranged husband for allegedly defaming him in her show.’

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The Guardian, 19th February 2018

Source: www.theguardian.com

Pre-trial 90% part 36 offer was “genuine attempt” to settle – Litigation Futures

Posted February 12th, 2018 in damages, negligence, news, part 36 offers, personal injuries by tracey

‘The High Court has rejected the argument that a part 36 offer to settle a clinical negligence claim for 90% of its value was not a genuine offer because it was made shortly before trial.’

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Litigation Futures, 12th February 2018

Source: www.litigationfutures.com

Mirror Group pays damages to Hugh Grant after admitting a ‘decade of unlawful intrusion’ – Daily Telegraph

Posted February 6th, 2018 in damages, interception, media, news, telecommunications by tracey

‘Senior figures at Mirror Group newspapers “condoned, encouraged or turned a blind eye” to a decade of widespread phone hacking and unlawful intrusion by its journalists, it has been admitted.’

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Daily Telegraph, 5th February 2018

Source: www.telegraph.co.uk

“Not unreasonable” for solicitors to switch from DBA to CFA shortly before trial – Litigation Futures

Posted January 19th, 2018 in costs, damages, fees, news, solicitors by tracey

‘Claimants did not act unreasonably in switching funding from a damages-based agreement (DBA) to a conditional fee agreement (CFA) shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.’

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Litigation Futures, 18th January 2018

Source: www.litigationfutures.com

American YouTube star wins revenge porn case after becoming first to sue in British courts – Daily Telegraph

Posted January 18th, 2018 in damages, harassment, internet, news, pornography by tracey

‘An American actress and singer is to receive revenge porn damages from her ex-boyfriend after becoming the first person to sue in the British courts.’

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Daily Telegraph, 17th January 2018

Source: www.telegraph.co.uk

What does NHS compensation pay for? – BBC News

Posted January 16th, 2018 in compensation, damages, health, news, personal injuries by sally

‘Thomas Hord and his family were given almost £8m in compensation by the NHS after he was starved of oxygen during birth.’

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BBC News, 16th January 2018

Source: www.bbc.co.uk

Damages for Passing off – The National Guild of Removers & Storers Ltd. v Central Moves – NIPC Law

Posted January 8th, 2018 in appeals, damages, intellectual property, misrepresentation, news, trade unions by sally

‘This was an appeal by the National Guild of Removers & Storers (“NGRS”) against an award of £1,275 damages in its favour by District Judge Vary for passing off. By dismissing that appeal, His Honour Judge Hacon seems to have settled a 7 year controversy as to what should be the correct measure of damages for what is often an inadvertent misrepresentation of continued membership of the NGRS by a removal or storage business that no longer wishes to remain a member of that guild.’

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NIPC Law, 7th January 2018

Source: nipclaw.blogspot.co.uk

Judge intervenes to stem ‘flood’ of costs challenges – Law Society’s Gazette

Posted January 5th, 2018 in costs, damages, law firms, news by tracey

‘The High Court has issued a second judgment in quick succession around file disclosure in a bid to stem the flow of satellite litigation against law firms.’

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Law Society's Gazette, 4th January 2018

Source: www.lawgazette.co.uk

Defendant entitled to withdraw admission after tenfold increase in claim, appeal judges rule – Litigation Futures

Posted January 4th, 2018 in appeals, damages, news, personal injuries by sally

‘A defendant was entitled to withdraw admission of liability in the face of a personal injury claim which rocketed in size from less than £25,000 to over £300,000, the Court of Appeal has ruled.’

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Litigation Futures, 3rd January 2018

Source: www.litigationfutures.com

The award of damages to enable surrogacy – Family Law

Posted December 21st, 2017 in damages, hospitals, negligence, news, surrogacy by tracey

‘Given the nebulous nature of surrogacy law in the UK and the decision in Briody v St Helen’s and Knowsley Area Health Authority [2001] EWCA Civ 1010, [2001] 2 FLR 1094, with its confusing obiter dicta, it is somewhat surprising that the funding of surrogacy for an infertile young woman was included in the heads of damages in the decision in XX v Whittington Hospital Trust [2017] EWHC 2318 (QB).’

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Family Law, 20th December 2017

Source: www.familylaw.co.uk

Bring it on… bring it all on! The risky strategy of leaving over arguments for another day in serial adjudications – Practical Law: Construction Blog

Posted December 20th, 2017 in construction industry, contracts, damages, dispute resolution, news, time limits by tracey

‘One of the fears relating to adjudication is that a referring party will attempt to achieve success by grinding the responding party down through serial adjudications until it achieves the result it wants or the responding party gives in. In Benfield Construction Ltd v Trudson (Hatton) Ltd, Coulson J issued a clear warning that such an approach would not be condoned, stating.’

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Practical Law: Construction Blog, 20th December 2017

Source: constructionblog.practicallaw.com

Iraqis win damages for ‘ill-treatment’ by British soldiers – BBC News

Posted December 15th, 2017 in armed forces, assault, damages, detention, Iraq, news by tracey

‘Four Iraqi citizens have won damages from the Ministry of Defence for ill-treatment and unlawful detention during the Iraq War.’

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BBC News, 14th December 2017

Source: www.bbc.co.uk