‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’
Litigation Futures, 20th June 2017
Source: www.litigationfutures.com
‘A trans woman has won “substantial” damages after police stripped her and sprayed her in the face with mace, forcing her to wash her eyes out with toilet water.’
The Independent, 20th June 2017
Source: www.independent.co.uk
‘The High Court has allowed for trial of a preliminary issue in a case concerning the limits of a damages based agreement (DBA).’
Law Society's Gazette, 13th June 2017
Source: www.lawgazette.co.uk
‘Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering his detention unlawful. The case is R (on the application of) Godwin Chaparadza v Secretary of State for the Home Department [2017] EWHC 1209 (Admin).’
Free Movement, 7th June 2017
Source: www.freemovement.org.uk
‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’
OUT-LAW.com, 5th June 2017
Source: www.out-law.com
‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’
Litigation Futures, 5th June 2017
Source: www.litigationfutures.com
‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’
Legal Futures, 5th June 2017
Source: www.legalfutures.co.uk
Regina v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB)
‘The claimant, a 24-year-old man, suffered from physical impairments caused by injuries suffered during his birth at the defendant’s hospital. He was expected to live to about 70 years old, which represented a reduction, as a result of his injuries, from the normal life expectancy for a male of his age. His mother, acting as his litigation friend, brought a claim for damages on his behalf against the defendant. The defendant admitted negligence in relation to the claimant’s birth. On the assessment of damages, issues arose including: (i) whether the claimant was entitled to recover a sum in respect of the pension that, but for his injuries, he would have received during the “lost years” of his life beyond his actual life expectancy; and (ii) how any award for special accommodation needs was to be assessed.’
WLR Daily, 25th May 2017
Source: www.iclr.co.uk
‘The recent change in the discount rate was covered on this blog. One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims. It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) Mr Justice Davis decided that the multiplier in these circumstances should be zero.’
Zenith PI Blog, 25th May 2017
Source: www.zenithpi.wordpress.com
‘A man who was left disabled as a result of negligence during his birth will receive almost £8m in NHS compensation.’
BBC News, 25th May 2017
Source: www.bbc.co.uk
‘The Solicitors Regulation Authority (SRA) has failed to strike out a damages claim by a solicitor at the High Court who claims it breached his confidentiality.’
Legal Futures, 25th May 2017
Source: www.legalfutures.co.uk
‘Entertainer Michael Barrymore should get substantial damages from Essex Police over the wrongful arrest which destroyed his career, the High Court has heard.’
Daily Telegraph, 22nd May 2017
Source: www.telegraph.co.uk
‘Convicted fraudster and former Nigerian state governor James Ibori has been awarded £1 ($1.30) for being unlawfully detained for 42 hours in the UK.’
BBC News, 23rd May 2017
Source: www.bbc.co.uk
‘Elizabeth Hurley has received “substantial” damages and an apology from Mirror Group Newspapers (MGN) over phone-hacking.’
BBC News, 17th May 2017
Source: www.bbc.co.uk
‘Where solicitors have negligently failed to advise a client to pursue a particular claim, they will be deemed to have caused loss if their client can show that it would have brought the claim if so advised, and that it would have had a real prospect of success, the Court of Appeal has said.’
OUT-LAW.com, 16th May 2017
Source: www.out-law.com
‘Aggregation clauses are commonly used in professional liability policies and can have a substantial impact on the recoverable damages in a claim. The Supreme Court considered the proper construction of the aggregation clause in the Law Society’s Minimum Terms and Conditions (“the Minimum Terms”) in AIG Europe v Woodman [2017] UKSC 18 and in so doing also provided useful guidance on the approach to be taken to the construction of aggregation clauses more generally.’
Hardwicke Chambers, 12th May 2017
Source: www.hardwicke.co.uk
‘R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a further example of the Secretary of State’s ‘enduring casualness’ [23] when dealing with cases involving immigration detention.’
Free Movement, 9th May 2017
Source: www.freemovement.org.uk
‘Business and consumer insurance policyholders may now pursue their insurers in the courts if they do not settle claims within a reasonable amount of time.’
OUT-LAW.com, 8th May 2017
Source: www.out-law.com
‘BBC bosses say Sir Cliff Richard has spent “grossly unreasonable” amounts on lawyers after complaining about reports naming him as a suspected sex offender and taking legal action.’
Daily Telegraph, 4th May 2017
Source: www.telegraph.co.uk
© Inner Temple Library 2017