Actress Elizabeth Hurley awarded phone-hacking damages – BBC News

Posted May 18th, 2017 in damages, interception, media, news, privacy, telecommunications by tracey

‘Elizabeth Hurley has received “substantial” damages and an apology from Mirror Group Newspapers (MGN) over phone-hacking.’

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BBC News, 17th May 2017

Source: www.bbc.co.uk

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Court of Appeal determines approach for deciding loss where litigation solicitors miss second claim – OUT-LAW.com

‘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.’

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OUT-LAW.com, 16th May 2017

Source: www.out-law.com

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Similarities, Connections or Relationships? Aggregation following AIG Europe v Woodman – Hardwicke Chambers

Posted May 16th, 2017 in appeals, contracts, damages, news, Supreme Court by sally

‘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.’

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Hardwicke Chambers, 12th May 2017

Source: www.hardwicke.co.uk

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Another successful unlawful detention claim – Free Movement

Posted May 9th, 2017 in damages, detention, immigration, news by tracey

‘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.’

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Free Movement, 9th May 2017

Source: www.freemovement.org.uk

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Right to damages for ‘unreasonably’ late insurance claims settlement now in force – OUT-LAW.com

Posted May 9th, 2017 in contracts, damages, delay, financial regulation, insurance, news by tracey

‘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.’

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OUT-LAW.com, 8th May 2017

Source: www.out-law.com

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BBC attacks Sir Cliff Richard’s ‘grossly unreasonable’ spending on lawyers in his fight for damages against them – Daily Telegraph

Posted May 5th, 2017 in BBC, costs, damages, defamation, news, proportionality by tracey

‘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.’

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Daily Telegraph, 4th May 2017

Source: www.telegraph.co.uk

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Phone-hacking cases continue 10 years after ‘rogue reporter’ jailed – The Guardian

Posted May 2nd, 2017 in damages, interception, media, news, telecommunications, trials by sally

‘Ten years ago the News of the World’s royal editor, Clive Goodman, and the private investigator Glenn Mulcaire were jailed for intercepting the voicemails of aides to Prince William and Prince Harry. Andy Coulson resigned from his position as editor of the tabloid shortly afterwards, and an internal investigation concluded phone hacking had been the work of one “rogue reporter”.’

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The Guardian, 1st May 2017

Source: www.guardian.co.uk

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EnergySolutions EU Ltd (now ATK Energy EU Ltd) v Nuclear Decommissioning Authority – WLR Daily

EnergySolutions EU Ltd (now ATK Energy EU Ltd) v Nuclear Decommissioning Authority [2017] UKSC 34

‘A company was unsuccessful in its bid in a tender process carried out by a public authority for a contract which fell within the ambit of Parliament and Council Directive 2004/18/EC (“the Public Procurement Directive”) and Council Directive 89/665/EEC , as amended, which provided for remedies for unsuccessful applicants (“the Remedies Directive”) and which had been given effect to in England and Wales by the Public Contracts Regulations 2006, as amended. The Regulations provided that, after notification of the contracting authority’s decision to award the contract, there would be a ten-day standstill period prior to the actual award of the contract during which time an unsuccessful bidder could issue proceedings to challenge the award. The issuing of proceedings would trigger automatic suspension of the contract award until the challenge was determined or otherwise disposed of, although the court had power to require a cross-undertaking from that party to cover the authority’s losses from not entering into the contract with its preferred bidder. Regulation 47D(2), as inserted, however, allowed for a period of 30 days for the issuing of any proceedings, with regulation 47J(2)(c), as inserted, making provision for an award of damages to the unsuccessful bidder if the court found a breach of duty after the contract had been entered into. The company, having been notified that it was an unsuccessful bidder, expressed its concerns with the procurement process but did not issue proceedings until after the expiry of the standstill period, albeit within the 30-day period. On a trial of preliminary issues, where the authority relied on Court of Justice authority which imposed minimum conditions for claims for breaches of an European Union law right, including that the breach had to be “sufficiently serious”, the judge stated that (i) there was nothing in the Remedies Directive which limited the company to recovery of damages on that basis, and (ii) ordinary principles of English law applied to any award of damages under the 2006 Regulations and so the Court of Justice’s rule would not limit the recovery of damages to “sufficiently serious” breaches of the 2006 Regulations. He declined to make any ruling on a third issue, whether the company’s failure to start proceedings within the standstill period and before the authority had entered into the contract meant that it was not entitled to damages, since it could have acted within the ten-day period to prevent the claimed loss from occurring by causing a suspension of the award of the contract to the successful bidder. On the authority’s appeal on the first two issues the Court of Appeal held that the minimum conditions for an award of damages for breach of an European Union law right had been established by the Court of Justice and so article 2(1)(c) of the Remedies Directive only called for an award of damages where the breach was sufficiently serious, but upheld the judge’s decision that there was no such constraint under the 2006 Regulations, and, on an appeal by the company on the third issue, accepted its submission that the judge ought to have decided as a matter of domestic law that it could not be deprived of damages simply because it had failed to avail itself of the opportunity under the 2006 Regulations to issue the proceedings in time to stop the contract being awarded. The authority appealed on the second and third issues, with the company arguing in relation to the first issue that damages could be awarded under article 2(1)(c) for any breach, whether serious or not. After the hearing the parties reached a settlement of the disputes between them in relation to liability and quantum but requested that the court hand down its judgment on the appeal in any event.’

WLR Daily, 11th April 2017

Source: www.iclr.co.uk

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Supreme Court refuses damages to refugee wrongly prosecuted for illegal entry – Free Movement

‘Shortly after Christmas in 2009, a young woman from Somalia flew into Stansted and claimed asylum. She had just turned 18. As later accepted by the Home Office, she had experienced severe depredations in her home country. This included her rape at the age of six in the presence of her disabled mother, and the murder of both of her parents. She fled Somalia in 2008, initially to Yemen, where she spent the next year. She was eventually able to fly to Europe with the help of an agent, who provided a British passport to facilitate her entry into the UK.’

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Free Movement, 26th April 2017

Source: www.freemovement.org.uk

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Anti-racist group Hope Not Hate sues Nigel Farage for libel – The Independent

Posted April 24th, 2017 in charities, damages, defamation, news by tracey

‘Anti-racist group Hope Not Hate is suing Nigel Farage for libel after he alleged that it makes use of “violence” in its campaigning.’

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The Independent, 23rd April 2017

Source: www.independent.co.uk

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Melania Trump accepts Daily Mail damages and apology in libel case – The Guardian

Posted April 12th, 2017 in damages, defamation, media, news by sally

‘The Daily Mail and Mail Online will pay damages to settle a libel claim brought against it by the US first lady Melania Trump over false claims about her work as a professional model.’

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The Guardian, 12th April 2017

Source: www.guardian.co.uk

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Katie Hopkins and serious harm – Law Society’s Gazette

Posted April 10th, 2017 in costs, damages, defamation, internet, news by sally

‘Both Katie Hopkins and Jack Monroe are outspoken, including on Twitter. During anti-government protests following the 2015 general election, graffiti was sprayed on to a memorial to the women of the second world war. Hopkins tweeted at 7.20pm on 18 May: ‘@MsJackMonroe scrawled on any memorials recently? Vandalised the memory of those who fought for your freedom. Grandma got any more medals?’ Monroe responded 13 minutes later: ‘I have NEVER “scrawled on a memorial”. Brother in the RAF. Dad was a Para in the Falklands. You’re a piece of shit’. Later that evening she demanded Hopkins delete the tweet, apologise and make a £5,000 donation to charity. By 9.47pm, Hopkins, having realised she had confused Monroe with journalist Laurie Penny, had deleted the first tweet but further tweeted: ‘Can someone explain to me – in 10 words or less – the difference between irritant @PennyRed and social anthrax @MsJackMonroe.’ On 2 June, Hopkins finally tweeted a retraction, but no apology: ‘@MsJackMonroe I was confused about identity. I got it wrong.’’

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Law Society’s Gazette, 10th April 2017

Source: www.lawgazette.co.uk

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CAT gives judgment on the first ‘opt out’ competition damages collective proceedings – Blackstone Chambers

Posted April 6th, 2017 in appeals, competition, consumer protection, damages, news by sally

‘The Competition Appeal Tribunal (‘CAT’) gave judgment on 31 March 2017 on the first ever application for a Collective Proceedings Order under the new competition damages collective action procedures introduced by the Consumer Rights Act 2015.’

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Blackstone Chambers, 6th April 2017

Source: www.blackstonechambers.com

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Former top judge sounds alarm over “flawed and rushed” discount rate consultation – Litigation Futures

Posted April 6th, 2017 in consultations, damages, judges, news, personal injuries by tracey

‘A former senior judge has expressed alarm at the way the government is rushing to “neutralise” the impact of the Lord Chancellor’s decision to cut the discount rate to -0.75%, based on what he says is a flawed consultation and without considering the effect on injured people.’

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Litigation Futures, 6th April 2017

Source: www.litigationfutures.com

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Rule 16.3(7) – Statement of under value to be included in the claim form? – 4 KBW

‘Sir David Eady J delivered a judgment on 30 March in the case of Mohamed Ali Harrath v Stand for Peace Limited and Samuel Westrop [2017] EWHC 653 (QB) (available here) in which he held that a claimant is entitled to recover damages that exceed the statement of value included in the claim form.’

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4 KBW, 30th March 2017

Source: www.4kbw.net

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Competition tribunal rejects bid to throw out first opt-out class action application – Litigation Futures

‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’

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Litigation Futures, 5th April 2017

Source: www.litigationfutures.com

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Children: Public Law Update (March 2017) – Family Law Week

Posted March 30th, 2017 in children, damages, human rights, news by tracey

‘John Tughan QC of 4 Paper Buildings focuses on recent decisions relating to claims for damages (and other relief) under the Human Rights Act 1998.’

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Family Law Week, 28th March 2017

Source: www.familylawweek.co.uk

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Katie Hopkins cannot appeal Jack Monroe libel tweet case – BBC News

Posted March 30th, 2017 in appeals, costs, damages, defamation, media, news by tracey

‘Columnist Katie Hopkins has been told she cannot appeal against a libel action which landed her with a six-figure bill.’

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BBC News, 29th March 2017

Source: www.bbc.co.uk

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Special Damages for Physiotherapy Costs: Rates Limited to the Charges of the Physiotherapist Offered by the Defendant’s Insurers – Zenith PI Blog

Posted March 23rd, 2017 in costs, damages, insurance, news, personal injuries, physiotherapists, rehabilitation by sally

‘On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates charged by the physiotherapist whose treatment was offered by the Defendant’s insurers.’

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Zenith PI Blog, 22nd March 2017

Source: www.zenithpi.wordpress.com

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Gym goer who complained music was not motivating wins damages after an instructor humiliated him over microphone for complaint – Daily Telegraph

‘A fitness enthusiast who complained his gym’s music was not motivating enough has won damages after an instructor humiliated him over a microphone for complaining.’

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Daily Telegraph, 22nd March 2017

Source: www.telegraph.co.uk

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