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

£14,000 damages for police discrimination – UK Police Law Blog

Posted December 12th, 2017 in appeals, damages, news, police, race discrimination by sally

‘The case of Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1808, which arose out of the arrest of Ms Durrant on 13 June 2009, seems finally to have come to a conclusion, after three visits to the Court of Appeal. It is worth reading for its discussion on the award of damages for injury to “loss of feelings” where the police have racially discriminated against a person whom they have arrested and when aggravated and/or exemplary damages will be awarded.’

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UK Police Law Blog, 11th December 2017

Source: ukpolicelawblog.com

Data Breach, Group Actions, and the criminal insider: the Morrisons case – Panopticon

Posted December 7th, 2017 in appeals, damages, data protection, mental health, news, vicarious liability by sally

‘In Vidal-Hall v Google [2015] EWCA Civ 311 the Court of Appeal held that damages claims under section 13 of the Data Protection Act 1998 (DPA) can be brought on the basis of distress alone, without monetary loss. Since that decision there has much speculation that a major data breach could lead to distress-based claims against the data controller by a large class of individuals. Even if each individual claim was modest (in the hundreds or low thousands of pounds) the aggregate liability could be substantial.’

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Panopticon, 6th December 2017

Source: panopticonblog.com

Market dynamics in the counterfactual: more competitive, not just cheaper – Competition Bulletin from Blackstone Chambers

Posted December 6th, 2017 in competition, consumer credit, damages, fees, news by sally

‘The judgment of Phillips J in Sainsbury’s v Visa [2017] EWHC 3047 (Comm) demonstrates the importance to claimants in competition damages cases of identifying a counterfactual which not only involves lower prices but also involves higher levels of competition.’

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Competition Bulletin from Blackstone Chambers, 5th December 2017

Source: competitionbulletin.com

Cohabiting partners should have same rights as spouses to claim bereavement damages – UK Human Rights Blog

Posted December 1st, 2017 in bereavement, cohabitation, damages, news by tracey

‘Smith v Lancashire Teaching Hospitals NHS Foundation Trust & Ors (Rev 2) [2017] EWCA Civ 1916. In a landmark decision handed down on 28th November 2017 the Court of Appeal ruled that cohabiting couples should have a right to claim bereavement damages, putting them in a position analogous to spouses and civil partners.’

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UK Human Rights Blog, 30th November 2017

Source: ukhumanrightsblog.com

Damages for wrongful birth: how far does a doctor’s responsibility go? – UK Human Rights Blog

Posted November 29th, 2017 in birth, causation, damages, doctors, negligence, news by sally

‘Can a mother who consults a doctor with a view to avoiding the birth of a child with one disability recover damages for the costs associated with another disability?’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

Mail Online to pay damages to teacher over Katie Hopkins column – The Guardian

Posted November 29th, 2017 in damages, defamation, media, news by sally

‘Mail Online, the sister website of the Daily Mail, has apologised and agreed to pay “substantial damages” to a teacher whom the columnist Katie Hopkins falsely accused of taking her class to a Donald Trump protest in Westminster.’

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The Guardian, 28th November 2017

Source: www.theguardian.com

Bereavement damages: Unmarried Chorley woman wins legal fight – BBC News

Posted November 28th, 2017 in bereavement, cohabitation, damages, human rights, news by sally

‘A woman has won her legal battle for better rights for unmarried people who lose their long-term partners.’

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BBC Mews, 28th November 2017

Source: www.bbc.co.uk

NHS pays out record compensation to cancer patients – Daily Telegraph

Posted November 27th, 2017 in cancer, compensation, damages, freedom of information, health, negligence, news by sally

‘The number of cancer patients successfully suing the NHS for missed diagnoses has doubled in the past five years, new figures show.’

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Daily Telegraph, 26th November 2017

Source: www.telegraph.co.uk

Man United star seeks £2m for ‘defective’ boots – Daily Telegraph

Posted November 24th, 2017 in damages, news, personal injuries, sport by tracey

‘A Manchester United footballer who is suing New Balance over “defective” boots was told by an executive at the sportswear company that they would “copy” Nike boots for him, it is claimed. Marouane Fellaini, 30, has alleged that his New Balance boots had to be “steamed and stretched” by a United kit man before they would fit. An investment company representing him has sued the American giant and is seeking £2 million damages.’

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Daily Telegraph, 23rd November 2017

Source: www.telegraph.co.uk