Former postman wrongfully convicted of attempted rape to sue police force over forensic failings – The Independent

‘A former postman who was wrongly convicted of attempted rape is suing West Mercia police after it emerged that the force had failed to detect another man’s DNA on the victim’s clothing.’

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The Independent, 28th November 2018

Source: www.telegraph.co.uk

Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’

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Zenith PI, 26th November 2018

Source: zenithpi.wordpress.com

Speech by Lord Justice Irwin : Personal Injury Bar Association Annual Lecture – Courts and Tribunals Judiciary

Posted November 21st, 2018 in compensation, damages, personal injuries, speeches by tracey

‘Speech by Lord Justice Irwin : Personal Injury Bar Association Annual Lecture.’

Full speech

Courts and Tribunals Judiciary, 16th November 2018

Source: www.judiciary.uk

Noel Edmonds likely to file £60m Lloyds lawsuit on Wednesday – The Guardian

Posted November 19th, 2018 in banking, charities, compensation, damages, fraud, news by sally

‘The TV and radio star Noel Edmonds, who is expected to join ITV’s I’m a Celebrity … Get Me Out Of Here jungle camp this week, is also likely to fire the starting gun on a £60m lawsuit against Lloyds Bank.’

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The Guardian, 19th November 2018

Source: www.theguardian.com

Party awarded 2% of value of claim “was not winner” – Litigation Futures

Posted November 16th, 2018 in costs, damages, news, restitution by tracey

‘A claimant that recovered just 2% of the sum it originally claimed at trial was not the successful party, the High Court has ruled.’

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Litigation Futures, 16th November 2018

Source: www.litigationfutures.com

QOCS judgment muddies the waters on costs-shifting – Law Society’s Gazette

Posted November 14th, 2018 in civil procedure rules, costs, damages, news by sally

‘A defendant who had initiated a counterclaim – and tried to receive the subsequent costs benefits of being a claimant – has lost his argument in the county court.’

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Law Society's Gazette, 12th November 2018

Source: www.lawgazette.co.uk

Security firm pays damages to anti-asbestos activists it spied on – The Guardian

‘A private security firm has been forced to pay damages to five anti-asbestos campaigners after they discovered it had spied on them. The firm, K2 Intelligence, paid an infiltrator for four years to masquerade as a sympathetic documentary-maker to obtain confidential information about leading activists in the worldwide campaign to ban asbestos.’

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The Guardian, 8th November 2018

Source: www.theguardian.com

Naomi McLoughlin Discusses the Recent Case of Surrey County Council v Hilliard (2018) – Park Square Barristers

‘The legal test in considering a breach of s41 remains to be found in James v Preseli Pembrokeshire DC [1993] PIQR P114 and Jones v Rhondda Cynon Taff CBC [2008] EWCA Civ 1497. Whilst the appellant was successful on the basis two pieces of evidence had not been considered with the correct weight, the lower Court had nonetheless applied the correct legal test.’

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Park Square Barristers, 30th October 2018

Source: www.parksquarebarristers.co.uk

LiP sanctioned for revealing ‘without prejudice’ offer in court – Litigation Futures

‘A litigant in person (LiP) who disclosed a ‘without prejudice’ offer during trial had been warned not to and the judge was right to sanction him, the Court of Appeal has ruled.’

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Litigation Futures, 5th November 2018

Source: www.litigationfutures.com

Reformation Publishing Company v CruiseCo Limited (and another) – Blackstone Chambers

Posted November 2nd, 2018 in copyright, damages, licensing, news by sally

‘The Intellectual Property Enterprise Court (Nugee J) has handed down judgment in a claim for damages for infringement of the copyright in two songs by Spandau Ballet. The judgment clarifies two important principles which will be relevant to similar damages claims.’

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Blackstone Chambers, 1st November 2018

Source: www.blackstonechambers.com

Speech by Lord Justice Leggatt, Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law – Courts and Tribunals Judiciary

Posted October 24th, 2018 in Commercial Court, contracts, damages, enforcement, speeches by tracey

‘Speech by Lord Justice Leggatt, Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law.’

Full speech

Courts and Tribunals Judiciary, 22nd October 2018

Source: www.judiciary.uk

Home Office ordered to pay damages to sex-trafficking victim – The Guardian

‘A woman who was trafficked into Britain for prostitution and later locked up in an immigration centre is entitled to substantial damages from the Home Office for unlawful detention, the high court has ruled.’

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The Guardian, 18th October 2018

Source: www.theguardian.com

​Allen v Brethertons LLP (2018)- You’ve got to send a bill of costs to your client, even in fixed costs cases – Zenith PI

Posted October 15th, 2018 in accidents, costs, damages, fees, news, solicitors by tracey

‘This is a recent decision of the Senior Courts Costs Office which deals with the need for solicitors to provide their clients with a bill of costs, even in fixed costs case where the solicitors were instructed on the basis of a CFA and where costs were recovered from the other side.’

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Zenith PI, 9th October 2018

Source: zenithpi.wordpress.com

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

Data protection compensation claim fails to prove ‘damage’ – OUT-LAW.com

‘Businesses that breach UK data protection law or misuse personal information are not automatically obliged to pay compensation to people affected by that breach, the High Court in London has confirmed.’

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OUT-LAW.com, 9th October 2018

Source: www.out-law.com

Convicted paedophile Douglas Slade sued by alleged Filipino victims – BBC News

Posted October 9th, 2018 in damages, news, sexual grooming, sexual offences by tracey

‘A convicted British paedophile is being sued for damages by five young people who claim they were sexually exploited by him overseas, in what is thought to be the first case of its kind.’

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BBC News, 9th October 2018

Source: www.bbc.co.uk

Coronation Street stars and Frank Bruno settle hacking claims – BBC News

Posted September 28th, 2018 in damages, interception, media, news, privacy, telecommunications by tracey

‘Six Coronation Street stars and ex-boxer Frank Bruno are among the latest celebrities to settle phone-hacking claims with News Group Newspapers.’

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BBC News, 27th September 2018

Source: www.bbc.co.uk

£7m win for Chinese company in first ‘persons unknown’ freezing order – Law Society’s Gazette

Posted September 27th, 2018 in computer crime, costs, damages, freezing injunctions, news by tracey

‘The High Court has awarded the UK arm of natural resources company China Molybdenum Company (CMOC) £7m, in a case in which a worldwide freezing injunction against “persons unknown” was approved for the first time.’

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Law Society's Gazette, 26th September 2018

Source: www.lawgazette.co.uk

Children: Public Law Update (August 2018) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

Claimant who exaggerated impact of genuine injury found fundamentally dishonest – Litigation Futures

Posted August 21st, 2018 in appeals, damages, news, personal injuries by sally

‘A claimant who suffered a genuine injury – but admitted being dishonest about the extent of his symptoms tripping in a pothole – has lost his argument that was not fundamentally dishonest.’

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Litigation Futures, 20th August 2018

Source: www.litigationfutures.com