damages – Current Awareness

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful – Local Government Lawyer

Posted November 28th, 2019 in damages, news, noise, nuisance, planning by sally

‘The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’

Local Government Lawyer, 27th November 2019

Source: www.localgovernmentlawyer.co.uk

No going back – Nearly Legal

Posted November 26th, 2019 in damages, landlord & tenant, news, repossession by tracey

‘Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019. Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland sublet a flat to Mr Albu-Swalin in 2015. Mr A-S reported defects to the condition of the property. Heartland then served a ‘notice to quit’, which was not effective as a s.21, as it did not give two months notice. Mr A-S did not leave. The locks to the flat were then changed, excluding Mr A-S and his son. Most of Mr A-S’ belongings were not recovered.’

Nearly Legal, 24th November 2019

Source: nearlylegal.co.uk

Patient died after ‘transplant surgeon error’ in Welsh hospital – BBC News

Posted November 21st, 2019 in causing death of children or vulnerable adults, damages, duty of care, hospitals, medical treatment, negligence, news, professional conduct by tracey

‘A transplant patient died after a surgeon failed to disclose he had spilt stomach contents on organs which went on to be used in NHS operations.’

BBC News, 21st November 2019

Source: www.bbc.co.uk

Supreme Court to rule on compensation in miner’s claim – Law Society’s Gazette

Posted November 20th, 2019 in damages, industrial injuries, miners, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court will today hand down its eagerly-awaited ruling on the principle of full compensation as part of a negligence claim against solicitors.’

Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Lloyds shareholders lose legal fight over HBOS takeover – The Guardian

Posted November 18th, 2019 in banking, class actions, damages, disclosure, news, shareholders, takeovers by sally

‘Thousands of shareholders in Lloyds Banking Group have lost a multimillion pound legal battle against the bank over its takeover of HBOS at the height of the global financial crisis.’

The Guardian, 15th November 2019

Source: www.theguardian.com

Late evidence does not mean automatic protocol exit – Litigation Futures

Posted November 15th, 2019 in appeals, civil procedure rules, costs, damages, employment, evidence, news, pre-action conduct by tracey

‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’

Litigation Futures, 14th November 2019

Source: www.litigationfutures.com

Defendant pays an extra £65,000 after fractional Part 36 defeat – Law Society’s Gazette

Posted November 15th, 2019 in contracts, costs, damages, interest, news, part 36 offers by tracey

‘A losing party has been ordered to pay an extra £65,000 after declining to settle a case over a difference amounting to less than £5,000.’

Law Society's Gazette, 15th November 2019

Source: www.lawgazette.co.uk

Tommy Robinson appears in High Court over ‘very serious allegations’ about Syrian child bullied in viral video – The Independent

Posted November 15th, 2019 in bullying, children, damages, defamation, immigration, internet, news, school children, video recordings by tracey

‘Tommy Robinson has appeared at the High Court over his comments about a Syrian refugee boy who was filmed being attacked at his school in Huddersfield.’

The Independent, 15th November 2019

Source: www.independent.co.uk

A novel and effective costs order – Law Society’s Gazette

Posted November 11th, 2019 in budgets, costs, damages, news, striking out by sally

‘In the recent case of Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm), Christopher Hancock QC (sitting as a judge of the High Court) made an order against the defendant for payment of costs on account in the event that the defendant failed to comply with an ‘unless order’. Orexim followed the approach of Mr Justice Coulson (as he then was) in Bruce MacInnes v Hans Thomas Gross [2017] EWHC 127 (QB).’

Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

Anna Wilkinson discusses Failing to disclose credit cards amounts to fundamental dishonesty in credit hire claim – Park Square Barristers

Posted November 7th, 2019 in accidents, compensation, damages, deceit, disclosure, negligence, news, personal injuries, road traffic by sally

‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’

Park Square Barristers, 31st October 2019

Source: www.parksquarebarristers.co.uk

Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette

Posted November 7th, 2019 in appeals, compensation, damages, employment, evidence, news, personal injuries, remuneration by tracey

‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’

Law Society's Gazette, 7th November 2019

Source: www.lawgazette.co.uk

Litigation funding agreements are not DBAs, tribunal rules – Litigation Futures

Posted November 5th, 2019 in appeals, class actions, codes of practice, compensation, competition, damages, news, third parties, tribunals by sally

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), the Competition Appeal Tribunal has ruled.’

Litigation Futures, 4th November 2019

Source: www.litigationfutures.com

MoJ scotches hopes of whiplash shift over children – Legal Futures

Posted November 4th, 2019 in children, damages, news, personal injuries, road traffic, small claims by sally

‘The Ministry of Justice (MoJ) has refused to give way to the concerns of claimant groups that children who suffer whiplash injuries lasting less than nine months will be denied access to justice under next April’s reforms.’

Legal Futures, 4th November 2019

Source: www.legalfutures.co.uk

EPA prosecutions and costs – Nearly Legal

Posted November 1st, 2019 in compensation, costs, damages, environmental health, health & safety, housing, judicial review, jurisdiction, landlord & tenant, news, proportionality by sally

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk

MoJ: No change to whiplash reform timetable – Legal Futures

Posted November 1st, 2019 in accidents, compensation, consultations, damages, elections, Ministry of Justice, news, personal injuries, road traffic, select committees by sally

‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’

Legal Futures, 1st November 2019

Source: www.legalfutures.co.uk

ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers

Posted October 30th, 2019 in appeals, compensation, damages, hospitals, insurance, negligence, news, proportionality by sally

‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’

No. 5 Chambers, 10th October 2019

Source: www.no5.com

Ocean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 – Monckton Chambers

Posted October 30th, 2019 in appeals, contracts, damages, local government, news, public procurement, sale of land by sally

‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’

Monckton Chambers, 16th October 2019

Source: www.monckton.com

Third party funding agreements are not DBAs – Hardwicke Chambers

Posted October 30th, 2019 in appeals, claims management, compensation, competition, damages, news, third parties, tribunals by sally

‘The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims.’

Hardwicke Chambers, 28th October 2019

Source: hardwicke.co.uk

Laura Nelson discusses Humayum Hussain v EUI Ltd (2019) – Park Square Barristers

Posted October 30th, 2019 in accidents, compensation, damages, news, proportionality, self-employment, taxis by sally

‘The court outlined the principles applying to self-employed drivers whom hire replacement vehicles whilst their own is off the road as a result of a road traffic accident. The true measure of loss is the loss of profit suffered whilst their own, damaged vehicle is reasonably off the road. Hire costs of replacement vehicles are prima facie recoverable, but where the cost of hire significantly exceeds the loss of profit, the court will ordinarily limit damages to the lost profit unless the claimant can establish that they had acted reasonably.’

Park Square Barristers, 24th October 2019

Source: www.parksquarebarristers.co.uk

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