Category: damages

The recoverability of inquest costs in civil actions – UK Police Law Blog

Posted September 17th, 2019 in civil justice, compensation, costs, damages, human rights, inquests, misfeasance in public office, negligence, news, police by tracey

‘The case of Fullick v The Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB) concerned an appeal of a Deputy Master’s order that the MET Commissioner pay the claimants’ costs in the sum of £88,356.22, following the settlement of a contemplated civil claim for damages for breach of article 2 of the European Convention of Human Rights, negligence and misfeasance in public office. Slade J held that the Deputy Master had not erred in awarding the claimants their costs relating to the inquest because the steps taken for the purposes of it were relevant to the civil claim.’

Full Story

UK Police Law Blog, 14th September 2019

Source: ukpolicelawblog.com

Settling for nil damages can still be a genuine Part 36 offer – MR v Commissioner of Police of the Metropolis [2019] EWHC 1970 QB – Zenith PI

Posted September 6th, 2019 in assault, costs, damages, false imprisonment, harassment, news, part 36 offers, police by tracey

‘The appellant was arrested on suspicion of harassment but was later released without charge, after police had taken fingerprints and DNA samples. The appellant issued a claim for false imprisonment and assault.’

Full Story

Zenith PI, 5th September 2019

Source: zenithpi.wordpress.com

Budgeting “not inevitable” in catastrophic injury cases – Litigation Futures

Posted August 30th, 2019 in accidents, budgets, civil procedure rules, costs, damages, news, personal injuries, road traffic by sally

‘Costs budgeting is not “inevitable” in high-value injury cases and lawyers should consider whether the best approach may be to dispense with it altogether, a leading practitioner has suggested.’

Full Story

Litigation Futures, 29th August 2019

Source: www.litigationfutures.com

Hogan Lovells partner rebuked over pregnancy discrimination – Legal Futures

Posted August 30th, 2019 in codes of practice, compensation, damages, disciplinary procedures, employment, equality, news, pregnancy, sex discrimination, solicitors, Solicitors Regulation Authority, unfair dismissal by sally

‘A senior finance partner at City giant Hogan Lovells has been rebuked by the Solicitors Regulation Authority (SRA) after a tribunal found that he discriminated against his children’s pregnant nanny.’

Full Story

Legal Futures, 29th August 2019

Source: www.legalfutures.co.uk

Offer to settle for no damages was valid under part 36 – Litigation Futures

Posted August 28th, 2019 in anonymity, assault, civil procedure rules, criminal records, damages, false imprisonment, harassment, news, part 36 offers, without prejudice communications by tracey

‘An offer to settle a case for no damages but an admission of liability was a valid part 36 offer and it was not unjust to apply the usual consequences of beating an offer when the claimant won at trial, the High Court has ruled.’

Full Story

Litigation Futures, 28th August 2019

Source: www.litigationfutures.com

Costs Orders against Lawyers: A line in the sand – Hailsham Chambers

Posted August 23rd, 2019 in costs, damages, malicious prosecution, news, solicitors by sally

‘Imagine a case where lawyers, seek damages on behalf of a client which include their unrecovered costs in earlier litigation where they acted for the same client. If the new claim fails, are they personally liable for the winner’s costs? This was the startling proposition advanced in this case. Rose LJ has said that it is wrong.’

Full Story

Hailsham Chambers, 9th August 2019

Source: www.hailshamchambers.com

Court proceedings pack change “renders portal offer void” – Litigation Futures

Posted August 19th, 2019 in appeals, civil procedure rules, damages, documents, insurance, news, personal injuries by tracey

‘A circuit judge has ruled that a failure in a portal case to include the same damages figure in the stage 3 court proceedings pack (CPP) as in the stage 2 settlement pack form renders the offer void.’

Full Story

Litigation Futures, 19th August 2019

Source: www.litigationfutures.com

Capita to challenge payment ordered to family of woman who died after benefits were wrongly stopped – The Independent

Posted August 7th, 2019 in benefits, bereavement, contracting out, damages, disabled persons, families, maladministration, news by tracey

‘A private company which was instrumental in stopping the benefits of a disabled woman who later died is going to court in a bid to avoid paying £10,000 awarded in damages to the family.’

Full Story

The Independent, 6th August 2019

Source: www.independent.co.uk

Pensioner loses arm after catching flesh-eating bug at pilates class, as High Court rules she is entitled to compensation from NHS – Daily Telegraph

Posted August 2nd, 2019 in damages, negligence, news, paramedics, personal injuries by tracey

‘A pensioner who lost her arm after catching a flesh-eating bug at church hall pilates class has won her claim in negligence against the NHS at the High Court.’

Full Story

Daily Telegraph, 1st August 2019

Source: www.telegraph.co.uk

Three men awarded £414,000 for malicious prosecution by police – The Guardian

Posted August 1st, 2019 in appeals, compensation, damages, evidence, malicious prosecution, misfeasance in public office, murder, news, police by tracey

‘Three men who were charged with the murder of a private investigator have been awarded a total of £414,000 damages after winning a malicious prosecution action against the Metropolitan police.’

Full Story

The Guardian, 31st July 2019

Source: www.theguardian.com

MPs call for QOCS to cover discrimination cases – Litigation Futures

Posted July 30th, 2019 in costs, damages, enforcement, equality, news, select committees by sally

‘Qualified one-way costs shifting (QOCS) should be extended to cover discrimination cases in the county court, MPs on the House of Commons women and equalities committee have recommended.’

Full Story

Litigation Futures, 30th July 2019

Source: www.litigationfutures.com

Willow Corp S.À.R.L. v MTD Contractors Ltd [2019] EWHC 1591 – Hardwicke Chambers

Posted July 4th, 2019 in construction industry, contracts, damages, delay, enforcement, interpretation, news by sally

‘Willow engaged MTD to design and build a hotel in Shoreditch. As a result of delays in the project, the two parties agreed a revised practical completion date of 28 July 2017 (‘June Agreement’).’

Full Story

Hardwicke Chambers, 28th June 2019

Source: hardwicke.co.uk

How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers

Posted July 4th, 2019 in Commercial Court, consultations, damages, evidence, joint ventures, loss of chance, negligence, news, solicitors, witnesses by sally

‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’

Full Story

Hardwicke Chambers, 21st June 2019

Source: hardwicke.co.uk

Solicitor can sue firm as employee after ‘informal’ partnership rejected – Law Society’s Gazette

Posted June 28th, 2019 in compensation, damages, employment, employment tribunals, law firms, news, partnerships, self-employment, solicitors, taxation, wrongful dismissal by sally

‘A solicitor introduced to an elevated role in her former firm through a historic partnership agreement can make an employment claim as an employee, a tribunal has ruled.’

Full Story

Law Society's Gazette, 27th June 2019

Source: www.lawgazette.co.uk

Security for costs sanction for party that ignored CMC deadline – Litigation Futures

Posted June 24th, 2019 in case management, civil procedure rules, compensation, costs, damages, delay, news, sanctions, striking out, time limits by tracey

‘The High Court has ordered a party that missed the deadline to fix the date of a case management conference (CMC) by more than four years to pay security for costs as a sanction.’

Full Story

Litigation Futures, 21st June 2019

Source: www.litigationfutures.com

Senior HSBC banker wins compensation from hairdresser who burned her head during blow dry – Daily Telegraph

Posted June 21st, 2019 in damages, news, personal injuries by tracey

‘A senior HSBC banker who was burned on the head by a hairdresser during a wash and blow dry has won thousands in compensation after she said it left her being mocked by colleagues.’

Full Story

Daily Telegraph, 20th June 2019

Source: www.telegraph.co.uk

Woman knocked down while on phone wins payout from cyclist -The Guardian

Posted June 19th, 2019 in bicycles, damages, news, personal injuries by tracey

‘A woman who was knocked unconscious by a cyclist will be awarded compensation, despite a judge finding she had stepped into the road while looking at her phone.’

Full Story

The Guardian, 18th June 2019

Source: www.theguardian.com

Man successfully sues Brewdog for £1,000 after being told beer was only on sale to women – Daily Telegraph

Posted June 19th, 2019 in damages, licensed premises, news, sex discrimination by tracey

‘A drinker won a discrimination case against a popular brewery after he was stopped from buying its women-only beer.’

Full Story

Daily Telegraph, 18th June 2019

Source: www.telegraph.co.uk

“No revolution” says the Supreme Court as it rules on defamation – UK Human Rights Blog

Posted June 18th, 2019 in appeals, damages, defamation, domestic violence, families, media, news, public interest, Supreme Court by tracey

‘Lachaux v Independent Print Ltd and another [2019] UKSC 27. The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or has a “tendency” to injure a claimant’s reputation. Instead, the language of section 1(1) of the Act requires a statement to produce serious harm to reputation before it can be considered defamatory.’

Full Story

UK Human Rights Blog, 17th june 2019

Source: ukhumanrightsblog.com

Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 – Zenith PI

Posted June 18th, 2019 in appeals, civil procedure rules, damages, documents, news, personal injuries, service, solicitors, time limits by tracey

‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’

Full Story

Zenith PI, 17th June 2019

Source: zenithpi.wordpress.com