Claimant “bound” by failure to change figure in portal – Litigation Futures

Posted February 19th, 2019 in compensation, contracts, damages, news, personal injuries, solicitors by sally

‘A claimant whose solicitors failed to amend the gross settlement box in the Ministry of Justice portal while negotiating with the defendant insurer was stuck with the figure, a circuit judge has ruled.’

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Litigation Futures, 19th February 2019

Source: www.litigationfutures.com

Case Comment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Rory Thomson, a senior associate in the disputes team at CMS, comments on the judgment of the UK Supreme Court in the case of Perry v Raleys Solicitors, which was handed down on 13 February 2019. The judgment is a useful affirmation and clarification of the law on the assessment of causation and loss in professional negligence cases.’

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UKSC Blog, 18th February 2019

Source: ukscblog.com

What price freedom? Counting the cost when DoLS goes wrong – UK Human Rights Blog

‘Twenty years on from Bournewood, the case that prompted the introduction of DoLS, and as the Mental Capacity Amendment Bill tolls the death knell for DoLS and introduces as their replacement Liberty Protection Safeguards, the High Court (HHJ Coe sitting as a Deputy High Court Judge) has given a sharp reminder of the human and financial cost of what happens when a hospital fails properly to discharge its obligations under the Mental Capacity Act and as a result, falsely imprisons (in a hospital) a patient.’

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UK Human Rights Blog, 5th February 2019

Source: ukhumanrightsblog.com

MP Richard Burgon wins ‘Nazi metal band’ Sun libel case – BBC News

Posted February 7th, 2019 in damages, defamation, media, news, parliament by tracey

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BBC News, 6th February 2019

Source: www.bbc.co.uk

Melania Trump: Telegraph apologises and pays damages – BBC News

Posted January 28th, 2019 in damages, defamation, media, news by sally

‘The Daily Telegraph has apologised “unreservedly” to Melania Trump and agreed to pay her “substantial damages” for an article it published last week.’

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BBC News, 26th January 2019

Source: www.bbc.co.uk

UK government pays £1m to Cyprus ‘torture victims’ – BBC News

Posted January 24th, 2019 in armed forces, class actions, Cyprus, damages, news, rape, sexual offences, torture, victims by tracey

‘Thirty-three Cypriots who claimed they were tortured by British forces during an armed uprising in the late 1950s are to be awarded £1m damages, to be shared between them, by the UK government.’

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BBC News, 24th January 2019

Source: www.bbc.co.uk

Court relaxes costs rule for PI claim heading towards multi-track – Law Society’s Gazette

Posted January 15th, 2019 in costs, damages, news, personal injuries by tracey

‘A PI claimant who had applied for re-allocation from the fast track to the multi-track – only for the defendant to settle before it reached that stage – will be allowed to recover assessed rather than fixed costs, a court has ruled.’

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Law Society's Gazette, 14th January 2018

Source: www.lawgazette.co.uk

Fatal accident damages considered: Blake -v- Mad Max Limited – Zenith PI

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Zenith PI, 10th January 2018

Source: zenithpi.wordpress.com

Victims of self-storage warehouse fire to sue over safety failures – Daily Telegraph

Posted January 14th, 2019 in accidents, compensation, damages, fire, health & safety, news by tracey

‘Hundreds of people are planning a legal challenge against a self-storage company as they claim safety failures led to the destruction of more than 1,000 people’s possessions.’

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Daily Telegraph, 12th January 2018

Source: www.telegraph.co.uk

Damages for wrongful life refused – UK Human Rights Blog

Posted January 11th, 2019 in assisted reproduction, birth, contracts, damages, negligence, news, wrongful birth by sally

‘Legal policy in the UK has traditionally prohibited the granting of damages for the wrongful conception or birth of a child in cases of negligence. In this case the Court of Appeal has confirmed that this bar is equally applicable to a wrongful birth arising from a breach of contract.’

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UK Human Rights Blog, 10th January 2019

Source: ukhumanrightsblog.com

Woman left infertile after NHS failed to detect cancer for four years awarded £580k to cover surrogacy costs – Daily Telegraph

Posted December 20th, 2018 in cancer, damages, hospitals, negligence, news, surrogacy by tracey

‘A young woman left infertile because her cervical cancer was not spotted for more than four years has been awarded the costs of having surrogate children in America by the Court of Appeal.’

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Daily Telegraph, 19th December 2018

Source: www.telegraph.co.uk

“Cruel” solicitor jailed for stealing from severely injured clients – Legal Futures

‘A struck-off solicitor who admitted stealing more than £700,000 from two vulnerable people while in practice has been jailed for four years.’

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Legal Futures, 19th December 2018

Source: www.legalfutures.co.uk

Alleged fraudster who promised pensioners he could protect their heirs’ inheritance jailed – Daily Telegraph

Posted December 19th, 2018 in damages, elderly, fraud, news, sentencing by sally

‘An alleged fraudster who promised pensioners he could protect their heirs’ inheritance has been jailed for failing to track down £25 million believed to have gone missing.’

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Daily Telegraph, 18th December 2018

Source: www.telegraph.co.uk

After Makdessi and GPP, the question is, are your LDs commercially viable? – Hardwicke Chambers

Posted December 14th, 2018 in construction industry, contracts, damages, news by sally

‘Liquidated damages (LD) clauses are a fixture of construction contracts. As we all know, they are a secondary obligations to pay an agreed sum of money, arising upon breach of a primary obligation of the contract. In the case of a construction contract, this will invariably be in the event of delay: the failure to complete the works by a specified date.’

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Hardwicke Chambers, 3rd December 2018

Source: hardwicke.co.uk

Nominal damages only for technically unlawful arrest and detention – UK Police Law blog

Posted December 14th, 2018 in damages, detention, news, police, wrongful arrest by tracey

‘The latest decision of the Court of Appeal in Parker v Chief Constable of Essex Police [2018] EWCA Civ 2788 is important for all police lawyers. The facts are quite detailed but, essentially, where the police perform an unlawful arrest (which would result in unlawful detention), the arrested person will receive only nominal damages where they could and would have been lawfully arrested had the correct procedures been followed.’

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UK Police Law blog, 13th December 2018

Source: ukpolicelawblog.com

Judge criticised for telling barrister to “get a life” – Litigation Futures

Posted December 13th, 2018 in accidents, appeals, barristers, damages, judges, news, professional conduct, road traffic by tracey

‘A judge who told a barrister to “get a life” has been criticised by a recorder who overturned his decision on appeal.’

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Litigation Futures, 13th December 2018

Source: www.litigationfutures.com

Police win Michael Barrymore wrongful arrest challenge – The Guardian

Posted December 13th, 2018 in appeals, compensation, damages, false imprisonment, murder, news, police, rape, wrongful arrest by tracey

‘Police have won a challenge against a decision that had paved the way for entertainer Michael Barrymore to receive substantial damages over a wrongful arrest he says destroyed his career.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448 – Hardwicke Chambers

Posted December 12th, 2018 in building law, contracts, damages, dispute resolution, enforcement, news by sally

‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’

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Hardwicke Chambers, 15th November 2018

Source: hardwicke.co.uk

TCC decides that new trains for the Piccadilly Line cannot be held up by procurement dispute – Henderson Chambers

Posted December 12th, 2018 in contracting out, damages, news, public procurement, railways, tenders by sally

‘This case somewhat starkly makes clear that where the automatic suspension of a public procurement process is preventing the putting in place of a key public service, it is very unlikely that the court will refuse to lift the suspension on American Cyanamid principles (ACPs). The case also makes clear that challengers cannot assume that commercial confidentiality will be enforced by way of private hearings in public procurement disputes. Written by Adam Heppinstall, barrister at Henderson Chambers.’

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Henderson Chambers, 11th December 2018

Source: www.hendersonchambers.co.uk

Harry Greenhouse v Paysafe Financial Services Limited – Blackstone Chambers

Posted December 11th, 2018 in Commercial Court, contracts, damages, gambling, news by sally

‘The Commercial Court has found in favour of Mr Greenhouse (represented by Andrew George QC and Daniel Cashman) on every issue before it, in relation to a contractual commission dispute in the gambling/electronic payment sector.’

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Blackstone Chambers, 30th November 2018

Source: www.blackstonechambers.com